Attachment6NDABiddersLibrary.doc

HTC711-01-R-0001

Attachment 6

UNITED STATES TRANSPORTATION COMMAND

Agile Transportation for the 21st Century

NON-DISCLOSURE AGREEMENT

1.

_____________________ (Prime Contractor or Subcontractor Name), hereby agree to the terms and conditions regarding Agile Transportation for the 21st Century (AT21) set forth below:

2.

“Protected Information” applies to all materials identified by the Contracting Officer as protected. Protected information includes all information whether paper or in an electronic format.

3.

Information identified as “Protected Information” shall be disclosed only to those parties (“Parties”) who intend to offer a proposal for AT21, are identified in writing to the Contracting Officer (including subcontractors), and sign an AT21 Non-disclosure Agreement. Protected Information shall only be disclosed to support staff of those parties who are directly employed by those Parties (including subcontractors) who have signed an AT21 Non-disclosure Agreement.

4.

It is the responsibility of the Parties (including subcontractors) receiving Protected Information to take all precautions necessary to prevent disclosure of protected information. In addition to physically and electronically securing, safeguarding, and restricting access to the protected information in the Parties’ (including subcontractors’) possession, these precautions include sending and receiving protective information using physical and electronic methods that are within the control of the Parties (including subcontractors). Protected information shall not be sent using electronic mail. Protected information shall not be placed on a shared network drive unless adequate password or other precautions are in place to prevent the disclosure and/or access of protected information.

5.

These precautions also include advising Parties’ (including subcontractors’) support staff of their obligations prior to providing them with access to protected information. Support staff not directly employed the Parties (including subcontractors) will not be provided with access to the protected information.

6.

The identified Prime Contractor shall be the recipient for the AT21 Protected Information CD-ROM(s). The Prime Contractor shall receive one Protected Information CD-ROM for its use and one CD-ROM for each of its identified subcontractor(s). The Prime Contractor is responsible for distribution of the AT21 Protected Information CD-ROM(s) to its identified subcontractor(s) and ensuring that adequate precautions are taken to prevent disclosure of protected information. The Contracting Officer will not provide AT21 Protected Information CD-ROM(s) to any party other than the identified Prime Contractor and assumes no responsibility for authorized distribution of the Protected Information CD-ROM to the Prime Contractor’s subcontractors.

7.

The Prime Contractor shall forward original signed copies (including those signed by subcontractors) of the AT21 Non-disclosure Agreement to the Contracting Officer. The Prime Contractor shall ensure that each of its subcontractor(s) sign an AT21 Non-disclosure Agreement prior to providing the subcontractor with a Protected Information CD-ROM.

8.

The identified Prime Contractor will timely return all AT21 Protected Information CD-ROM(s) provided to it by the Contracting Officer upon written request by the Government. The Prime Contractor assumes all responsibility for the timely collection of all AT21 Protected Information CD-ROM(s) from its subcontractor(s). The Prime Contractor is responsible for the cost of mailing/shipping Protected Information CD-ROM(s) to the Contracting Officer upon his/her written return request.

9.

Use the protected information contained on the AT21 Protected Information CD-ROM(s) only for contractor bid or proposal information.

10.

Any failure to properly safeguard protected information, unauthorized release of protected information, or failure to abide by the AT21 Non-disclosure Agreement, may be used in determining whether the prospective Prime Contractor or subcontractor(s) are responsible under FAR Subpart 9.1 for AT21 or future Government contracts.

11.

Should __________________________ (Prime Contractor or Subcontractor Name) become aware of any improper or unintentional release or disclosure of protected information, the Prime Contractor or subcontractor(s) will immediately report it to the Contracting Officer in writing.

CERTIFICATE

I hereby certify that I have read the above agreement governing the disclosure of protected information, related to AT21 in support of USTRANSCOM requirements and that __________________________ (Prime Contractor or Subcontractor Name) voluntarily agrees to be bound by this agreement and will not disclose protected information to any unauthorized entity. I further certify that I am authorized to bind _____________________________ (Prime Contractor or Subcontractor Name).

Company Name

USTRANSCOM Contracting Officer by

Signature with date

Signature

Printed Name

Date

Title/Position

FOR OFFICIAL USE ONLY

Information submitted on this form is subject to the Privacy Act of 1974.