Attachment_I.pdf

Attachment I

Contractor Non-Disclosure Agreement

Program Analysis and Evaluation Division, Programs and Resources Department, Headquarters

Marine Corps Technical, Analytical, and Managerial Support Services Contractor

NON-DISCLOSURE AGREEMENT (INDIVIDUAL)

In the course of performing work on Contract/Order_____________________________, 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 quote before being made public, ranking of quotes), 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 that 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

_______________________________ 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 (--) 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

I will include appropriate restrictive legends on any copies and reproductions made of all or any part of the data and any data that is derived from, based upon, incorporate, 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 and/or my employment with

__________________________. 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 ____________________________ ends, I shall return such data promptly

(within five business days) to my Program Manager.

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.

PRINTED NAME: _________________________________________

POSITION/TITLE: _________________________________________

EMPLOYING CONTRACTOR’S NAME: _____________________________

SIGNATURE: ______________________________________________________

DATE:__________________________________________

SPECIAL CONTRACT REQUIREMENT REGARDING NON-DISCLOSURE OF

INFORMATION (CONTRACTOR)

In the course of performing this contract/order, the Contractor may be or has been given access to and entrusted with various forms of information/data from a wide variety of sources which the Contractor would not otherwise be entitled to be in possession of. The information/data may be in the form of

Source Selection Information as defined in Federal Acquisition Regulation (FAR) 3.104-3 (e.g., source selection plans, contractor quotes before being made public, ranking of quotes); other nonpublic sensitive

Government information such as: proprietary information (e.g., information submitted by a contractor and identified as “Business Sensitive” with a 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 other sensitive 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 herein as “the data”).

This Special Contract Requirement implements Defense FAR Supplement (DFARS) 252.204-7000, “DISCLOSURE OF INFORMATION.”

As a condition to receiving access to the data, the Contractor shall: (1) prior to having access to proprietary data, obtain the agreement of the applicable person or entity to permit access by the

Contractor to such data; (2) use the data solely for the purpose of performing duties under this contract/order; (3) not discuss with, disclose, release, reproduce or otherwise provide or make available the data, or any portion thereof, to any employee of the Contractor unless and until such person has executed a copy of the individual non-disclosure agreement for this contract/order; (4) 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 for this contract/order; (5) establish safeguards to protect such data or software from unauthorized use or disclosure; and (6) indoctrinate its personnel who will have access to the data as to the restrictions under which access is granted. Any other use, disclosure, release or reproduction is unauthorized and may result in substantial criminal, civil and/or administrative penalties to the Contractor or to the individual who violates this special contract requirement or non-disclosure agreement.

Appropriate restrictive legends will be included by the Contractor 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. When the Contractor’s need for such data ends, the data shall be returned promptly (within 10 business days) to the appropriate Government Program personnel. However, the obligation not to discuss, disclose, release, reproduce or otherwise provide or make available such data, or any portion thereof, shall continue, even after completion of this contract/order. Any actual or suspected unauthorized use, disclosure, release, or reproduction of such data or violation of this agreement, of which the company or any employee is or may become aware, will be reported promptly (within one business day) to the Contractor’s Program Manager, who will inform the Contracting Officer within five business days of receiving the report.