J.1 Attachment 1 - Non Disclosure Form.pdf

J.1 Attachment 1 - Non-Disclosure Agreement

NON-DISCLOSURE ACKNOWLEDGEMENT

I hereby agree that I shall keep confidential and not publish, use or disclose to any other individual or entity, either directly or indirectly, any Confidential Information of the United States Department of Agriculture (USDA), except that I may make use of such information to the extent necessary and authorized to fulfill any requirements of this contract with ________________ and USDA, and further, that any individual to whom I disclose such Confidential Information shall have first agreed to the same limitations of this agreement. For the purposes of this document: “USDA” includes the Farm Service Agency, Commodity Credit Corporation, and any other agency within the USDA; and, “Confidential Information” means any information acquired by me as a result of my employment with the Company in connection with the contract, USDA, its business, operations, customers and/or clients, except for information which has been made public by the USDA. My obligation to not disclose any Confidential Information shall continue during and in perpetuity after my working relationship with the Company.

I acknowledge and agree further that all client lists, supplier lists, computer hardware and software, including software developed for USDA, source and object code, procedures of the USDA and all other confidential information that I obtain from or while I am employed by or associated with the Company are the property of the USDA. I agree that at the termination of my working relationship with the Company, or the completion of the USDA engagement, or otherwise at the request of the USDA, I shall immediately return all such property and information to the Company and/or USDA, as appropriate, including all copies thereof.

I acknowledge that I will adhere to all USDA security policies and rules in handling USDA information and systems. I understand that violation of this agreement may result in civil and criminal penalties under the Privacy Act.

I acknowledge that these provisions are consistent with, and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to the Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

I acknowledge that these restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No.

12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence

Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including section 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C.783(b)).

The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.

Signature ______________________________________

Print Name ______________________________________

Date _______________________________________