J5 Non-Disclosure Agreement.docx

ATTACHMENT J5

NON-DISCLOSURE AGREEMENT BETWEEN

NONGOVERNMENT ADVISOR’S COMPANY AND OFFEROR

I, ___________________ (print or type name) as an Authorized Representative of __________________________ (insert employer name), a contractor or subcontractor for the Washington Headquarters Services, performing under Contract Number _______________________ (insert contract number under which Non-Government Advisor is performing), understand that an employee from my company has been assigned to the source selection team (“SST”) for solicitation number _____________________ (“Solicitation”), and the employee, as a Non-Government Advisor, may have access to, become aware of, or possess information/data that is considered sensitive or proprietary and may be protected by law from unauthorized use or disclosure. This employee has been informed of his/her obligation not to disclose to any individual, business entity, organization, or anyone outside of the SST any contractor bid or proposal information or source selection information as defined in Federal Acquisition Regulation (FAR) 3.104-4, or any contractor’s proprietary information submitted in response to the Solicitation for as long as such information remains proprietary. This employee will be required to protect all such information from unauthorized use or disclosure, and refrain from using the information for any purpose other than that for which it was furnished. Execution of this Agreement shall not nullify or affect in any manner any other Confidentiality or Non-Disclosure Agreement, including any Standard Form 312 or 4414, which he/she has executed or may execute with the United States Government or any of its departments or agencies.

_____________________________ (print or type company name) (“Offeror”) consents to the Government providing Offeror’s proposal, except past performance information, including any proprietary information contained therein, to the Non-Government Advisor from ______________ (insert company name of non-Govt advisor). The Offeror represents and warrants that the individual indicated in the signature block below has the authority to execute this Agreement on behalf of the Offeror.

This Agreement may not be amended or modified except in a writing signed by both parties, and shall be governed by and construed in accordance with the laws of the United States. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit enforcement in a manner most closely approximating the intention of the parties as expressed herein. The Non-Government Advisor and the Offeror have carefully read this Agreement and understand their respective obligations under it.

Signature of Authorized Representative for the Date Non-Government Advisor’s Company

Printed/Typed Name of Authorized Representative

Signature on Behalf of Offeror Date

Printed/Typed Name and Title

Offeror Name (Company Name must be same as on Offer)