Attachment_5-Privacy_and_Security_Non-Disclosure_Statement.doc

M67854-15-R-7901 Attachment 5

[This document would be signed by the support Contractor who has or will have access to the sensitive data described in the Special Contract Clause set forth in the Contract/Order]

U.S. MARINE CORPS SUPPORT CONTRACTOR

NON-DISCLOSURE AGREEMENT

In the course of performing work on Contract/Order [insert Contract or Order number], the company or its employees 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 addressees 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 the above-listed types of information (collectively referred to as “the data”).

COMPANY: As a condition to receiving access to the data, the company agrees that its employees will not discuss, disclose, release, reproduce or otherwise provide or make available the data, or any portion thereof, to anyone not designated by the COR or his Alternate COR unless and until such person has executed a copy of this non-disclosure agreement. Furthermore, the company agrees 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 [insert Company Name].

Our employees will include appropriate restrictive legends on any copies or reproductions made of, or any part of, the data and any data that is derived from, based upon, incorporates, includes or refers to the data. The company agrees 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. The company will promptly (within one business day) report to the COR and the government Product Manager any actual or suspected unauthorized use, disclosure, release, or reproduction of such data or violation of this agreement of which the company is now or may become aware.

INDIVIDUAL: As a condition to receiving access to the data, I agree that I shall not discuss, disclose, release, reproduce or otherwise provide or make available the data, or any portion thereof, to anyone not designated by the COR or his Alternate COR unless and until such person has executed a copy of this non-disclosure agreement. Furthermore, I hereby 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 for me, [insert employee’s name].

I will include appropriate restrictive legends on any copies or 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 the company is now or may become aware.

Signature of Responsible Corporate Offical and Date

OR

Signature of Individual Employee and Date