J.2_NDA.docx

Attachment J.2 Solicitation 123A9424R0002

CONFIDENTIALITY AND NON-DISCLOSURE STATEMENT

(Name: _) I understand that in connection with my performance on this contract/purchase/task order No.

. I may acquire or have access to information relating to any and all aspects of the acquisition.

I, , hereby certify that I will not knowingly disclose or reveal to any representative of any governmental entity, business organization, other entity, or any individual person [except persons specifically authorized by the Contracting Officer (CO)], either within or outside the United States Department of Agriculture, Food Safety and Inspection Service, any aspect of the acquisition. I may have access to:

a. Extremely sensitive business or acquisition-related information, strategic planning documents, and other information relating to the United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) program and initiatives;

b. Data and information in the possession of the Government for which the Government’s right to use and disclose any of the data and/or information is restricted, of which may be of a nature that its dissemination or is other than in the performance of this contract/purchase order, would be adverse to the interest of the United States Government, the privacy of the United States citizens or other parties;

c. Information labeled as “Limited Official Use Only,” “Official Use Only,” or “Sensitive Security Information,” which is disclosed only for the purpose of carrying out one or more provision of this contract/purchase order; and,

d. Information covered by the Privacy Act of 1974.

Except as specifically authorized by the CO, release of such information is not authorized. I agree that this obligation shall continue both during the period of my current participation and thereafter. In the event that I release any information described above or become aware that such information has been released by someone else, I agree to promptly notify the CO. Having knowledge of information that has been released to someone else (and not reporting the incident) may also result in the termination of my participation in the acquisition. When advising the CO, I will provide the CO with the following information: (1) the business organization or other entity, or individual person, to whom the information in question was divulged, (2) the identity of the person that disclosed the information, and (3) the content of the information.

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 an 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.

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 Sections 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. Section 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.

I acknowledge that the unauthorized release of information may result in the termination of my participation in this acquisition. I am aware that conduct constituting a violation of such information may subject me to criminal penalties, civil penalties, and/or administrative actions with the same enforceability set forth in 41USC423(e) and as prescribed at FAR 3.104 – Procurement Integrity.

I have read and understand the above requirements.

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