RFP_Attachment_7_-_Information_Access_Agreement_-_Offeror_and_Employee.docx

CONTRACTOR AND EMPLOYEE ACCESS TO INFORMATION

NON-DISCLOSURE AGREEMENT

Contract/Task Order # [TBD]

I, [CLEARLY PRINT OR TYPE NAME], am an employee, senior manager, or corporate officer of [INSERT COMPANY NAME]. My official duty title is [INSERT JOB TITLE].

I understand that, as an employee of [INSERT COMPANY NAME], during performance of this IDIQ contract/task orders for operations support for the Office of People Analytics (OPA), I may receive or have access to information, including information maintained in various Government information systems and secure websites. Accessed information may include “sensitive information” or other information not previously made available to the public.

As used in this Agreement, “sensitive information” includes:

· Personally Identifiable Information (PII) or Sensitive Personal Information

· All types and forms of confidential business information, including financial information relating to a contractor’s pricing, rates, or costs, and program information relating to current or estimated budgets or schedules;

· Source selection information, including bid and proposal information as defined in FAR 2.101 and FAR 3.104-4, and other information prohibited from disclosure by the Procurement Integrity Act (41 USC 423);

· Information properly marked as “business confidential,” “proprietary,” “procurement sensitive,” “source selection sensitive,” or other similar markings.

The Government will permit access to information only where such information is required by contractors and their subcontractors in the performance of the contract/task order, and is restricted to those individuals requiring access in the performance of the contract/task order (i.e., “need to know”).

In accordance with the above policy, as an employee of [INSERT COMPANY NAME], I agree to:

· Utilize accessed information only for the purposes of performing the services as required by the contract/task order, and not for any other purpose unless authorized, and to assume only those user roles and privileges for which I am authorized;

· Safeguard accessed information from unauthorized use and disclosure, providing the same level of protection that would be provided by Government employees, and exercising the same reasonable degree of care that would normally be used to protect a contractor’s own confidential business information;

· Not discuss, divulge, or disclose any accessed information to any person or entity except those persons authorized to receive the information as required by the contract/task order or as authorized by Federal statute, law, or regulation , including Federal Acquisition Regulation (FAR) Section 3.104.;

· Immediately notify the authorized company representative in the event that I inadvertently access any information marked as “proprietary,” “procurement sensitive,” or “source selection sensitive,” or that, even if not properly marked otherwise indicates I may not be authorized to access the information, and refrain from any further access until authorized in writing (via letter or email) by the CO; and

· Report any violations of this Agreement to the authorized company representative as soon as the violation is identified.

This Agreement shall continue for a term of five (5) years from the date upon which I last have access to such information. Upon expiration of this Agreement, I have a continuing obligation not to disclose proprietary, programmatic, budgetary or source selection sensitive information to any person or legal entity unless that person or legal entity is authorized by the Government to receive such information. I understand that any violation of my duty to protect proprietary or source selection sensitive information I was exposed to while working as an employee of [INSERT COMPANY NAME] company working under the Prime Contract, subcontract, or task order as referenced above may subject me, and/or my employer, to administrative, civil and criminal sanctions.

If signing as a corporate officer of either the Prime or Subcontractor, I certify that I am a duly authorized representative with legal authority to bind the company.

Agree and Accepted:

(Signature of Employee/Sr. Mgr/Officer) (Date)________________________

(Position)

(Printed Name of Employer) (Printed Name of Employer)