Attch 3 Non-Disclosure Agreement.doc

ATTACHMENT 3

NON-DISCLOSURE AGREEMENT (INDIVIDUAL)

For

G-5 SEWAGE LABORATORY TESTING SERVICES

Nondisclosure Agreement. All contractor personnel receiving access to government data through this effort must provide a signed nondisclosure statement prior to start of work. A certificate of nondisclosure shall be submitted and signed by all contractor personnel involved in this effort.

No data created or provided expressly for this effort, may be used by the contractor for any purpose other than support and performance under this contract without prior written permission of the contracting officer. The contractor is obligated to protect from unauthorized use of disclosure all government confidential or classified material and government held proprietary data obtained in the course of performance of services under government contract as long as such data remains proprietary, confidential, or classified.

Any information obtained in the course of duties or the performance of services under this contract including, but not limited to, information that may be made available for use which relates to the technical data, trade secrets, processes, operations, style of work, or apparatus, or to the technical data, statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association is included in this clause. Contract personnel shall not publish, divulge, disclose or make known this information in any manner or to any extent not authorized by Commanding General, Marine Corps Combat Development Command (CG MCCDC).

All resultant material shall be provided to the U.S. Marine Corps as part of the deliverables, and shall include unlimited rights in all technical data, including studies, analysis, test data, or similar data created, generated and/or produced for this contract, as set forth in DFARS 227.7103-5(a), “Government Rights” and DFARS Clause 252.227-7013(b), “Rights in Technical Data-Noncommercial Items” or any other Clause.

All reports, materials (including training materials, computer software and hardware, source code, interfaces and related items) and information, in whatever form, developed or created under this contract shall become the property of the Marine Corps; therefore, the Marine Corps shall have the right to use, modify, reproduce, perform, display, release, or disclose such reports, materials and information in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

Non-Disclosure Agreement (Individual)

In the course of performing work on Contract/Order M00264-12-P-________, I may be given access to or entrusted with Source Selection Information as defined in Federal Acquisition Regulation (FAR) 3.104-3, (e.g., source selection plans, contractor proposal before being made public, ranking of proposals), other sensitive Government data such as data identified as “Business Sensitive,” and/or data belonging to or marked or considered as “proprietary” (e.g., restrictive legend per FAR 52.215-1), advanced procurement information (e.g., future requirements, statements of work, and acquisition strategies), trade secrets and other confidential business information (e.g., confidential business information submitted by a contractor), Government attorney work product, information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers of Government employees) and information that would not be released by the Marine Corps under the Freedom of Information Act (e.g., program, planning, and budgeting system information, workload data, and performance systems data). Data includes all data, information and software, regardless of the medium (e.g. electronic or paper) and/or format in which the data exists, and includes data which is derived from, based on, incorporates, includes or refers to such Source Selection, Business Sensitive and/or proprietary data (collectively referred to as “the data”).

As a condition to receiving access to the data, I will not discuss with, disclose, release, reproduce or otherwise provide or make available the data, or any portion thereof, to any employee of (Contractor’s Company Name), or any other company, unless and until such person has executed a copy of this individual non-disclosure agreement. I also will not discuss with, disclose, release, reproduce, or otherwise provide or make available the data, or any portion thereof, to any non-Government person or entity (including, but not limited to any subcontractor, joint venture, affiliate, successor or assignee of the Contractor), unless the Contracting Officer (and any company claiming the data is proprietary) have given prior written approval, AND the person receiving the data has executed an individual non-disclosure agreement similar to that at Attachment (B) to the subject contract/order. Furthermore, I agree to safeguard the data and to use the data solely for the purpose of performing duties under the subject contract. Any other use, disclosure, release or reproduction is unauthorized and may result in substantial criminal, civil and/or administrative penalties to me or (Contractor’s Company Name).

Appropriate restrictive legends will be included by me on any copies and reproductions made of all or any part of the data and any data that is derived from, based upon, incorporates, includes or refers to the data.

I agree that these obligations not to use, discuss, disclose, release, reproduce or otherwise provide or make available the data continue, even after completion of the contract or my employment with (Contractor’s Company Name).

I will promptly (within one business day) report to my Program Manager any actual or suspected unauthorized use, disclosure, release, or reproduction of such data or violation of this agreement of which I am now or may become aware.

I agree that when the Marine Corps or my employer determines that my need for such data no longer exists or my employment with Universal Laboratories ends, I shall return such data promptly (within five business days) to my Program Manager.

PRINTED NAME CONTRACTOR EMPLOYEE: ____________________________________

POSITION/TITLE: _____________________________________________________________

SIGNATURE : __ _____________________________ DATE:__________________

WITNESSED BY ---

PRINTED NAME OF SENIOR REPRESENTATIVE OF CONTRACTOR:_________________

POSITION/TITLE: _____________________________________________________________

SIGNATURE: ________________________________ DATE: _________________

Attachment 3