MA_IDIQ_Tech_Doc_Access_Compliance_Certification_and_NDA.pdf

NOTE: DOCUMENT WILL BE CUI//OPSEC WHEN COMPLETED

PROGRAM EXECUTIVE OFFICE COMMAND, CONTROL, COMMUNICATIONS-NETWORK

PROJECT MANAGER INTEROPERABILITY, INTEGRATION AND SERVICES

TECHNICAL DOCUMENTATION ACCESS COMPLIANCE CERTIFICATION

AND

NON-DISCLOSURE AGREEMENT

Distribution Statement A: Approved for Public Release. Distribution is Unlimited.

Consistent with U.S. Army PdM TCNO

NOTE: DOCUMENT WILL BE CUI//OPSEC WHEN COMPLETED

I, _______________________________________, an official of or, possessing binding signature authority for _____________________ (the “Vendor”), intending to be legally bind said company to this agreement, consent to the terms in this agreement in consideration of our company and will ensure safeguarding that is issued to our sub-contractors identified below (herein referred to as the “Vendor’s Team”) consisting of the legal entities below being granted access to Controlled Unclassified Information, specified below, and for the express purpose of responding to this Second Draft Request for Proposal (RFP).

Business Name Cage Code Address

Any additional sub-contractors, other than those expressly identified herein, are not authorize access to CUI without written consent of the Government.

Vendor’s Team acknowledges the category or categories of information that they may have access to from the Project Manager Interoperability, Integration and Services (PM I2S), and willingness to comply with the standards for protection, by placing their authorized representative’s initials in front of the applicable category or categories below:

Vendor POC’s Initials:

Controlled Unclassified Information (CUI) Categories:

Controlled Technical Information

As used in this agreement and as defined in 32 CFR Part 2002, Controlled Unclassified Information (CUI) is information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy (LRGWP) requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information [Information that Executive Order 13526, Classified National Security Information, December 29, 2009 (3 CFR, 2010 Comp., p. 298), any predecessor or successor order, or the Atomic Energy Act of 1954, as amended, requires agencies to mark with classified markings and protect against unauthorized disclosure] or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency.

The LRGWP may require or permit safeguarding or dissemination controls in three ways: (1) Requiring or permitting agencies to control or protect the information but providing no specific

PROJECT MANAGER INTEROPERABILITY, INTEGRATION AND SERVICES

TECHNICAL DOCUMENTATION ACCESS COMPLIANCE CERTIFICATION

AND

NON-DISCLOSURE AGREEMENT

Distribution Statement A: Approved for Public Release. Distribution is Unlimited.

Consistent with U.S. Army PdM TCNO

NOTE: DOCUMENT WILL BE CUI//OPSEC WHEN COMPLETED

controls, which makes the information CUI Basic; (2) Requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified; or (3) Requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with CUI Basic controls where the authority does not specify.

The Vendor’s Team attests that we are familiar, and will comply, with the standards for accessing, disseminating, handling, and safeguarding the information to which we are granted access as cited in this agreement and in accordance with 32 CFR Part 2002, applicable LRGWP, and with the guidance provided to us by PM I2S relative to the category of information.

The Vendor’s Team certifies:

a. it will protect all technical data whose export is restricted by the Arms Export Control Act (Title

22, USC, Sec 2751 et seq) or the Export Administration Act of 1979, as amended Title 50, USC, App 2401, et seq. in alignment with DoD Directive 5230.25.

b. it is a U.S. Owned and Operated Business.

c. it is not a Foreign Controlled U.S. Owned and Operated Business or it has an effective Special

Security Agreement.

d. it is not a Foreign Affiliated U.S. Owned and Operated Business or it has an effective Special

Security Agreement.

e. it is not a U.S. subsidiary of a Foreign Business or it has an effective Special Security Agreement.

f. it is not a Foreign Owned or Foreign Affiliated Business.

g. ALL personnel to be given access to PM I2S technical documentation are U.S. Citizens. Foreign

Nationals are exempt from participation, all associated technical documentation shall NOT be SEEN or DISCUSSED with any non-U.S. Citizens.

h. that if it pursues access to classified information, ALL personnel to be given access to PM I2S Classified technical documentation hold appropriate clearance levels; Social Security Numbers will be supplied so clearances can be validated.

The Vendor’s Team understands and agrees to the following conditions for access to the information indicated above

1. Non-disclosure: We agree to not disclose any CUI to which we are granted access to anyone who, or anything that, is not granted such access pursuant to an applicable lawful Government purpose. We understand our responsibilities to protect and not disclose CUI except for, and to people with, an appropriate lawful Government purpose.

2. Scope of CUI: We understand that the CUI to which we are granted access includes any CUI we create or use on behalf of or for the Government, CUI we receive from the Government to maintain, handle, transmit, or use (for research, in derivative documents, etc.), or CUI originating from another source (such as CUI generated for the Government by a contractor or research entity).

3. Training: We acknowledge that we have undergone training concerning the nature and protection of the CUI to which we have been provided access, including procedures to follow in ascertaining

PROJECT MANAGER INTEROPERABILITY, INTEGRATION AND SERVICES

TECHNICAL DOCUMENTATION ACCESS COMPLIANCE CERTIFICATION

AND

NON-DISCLOSURE AGREEMENT

Distribution Statement A: Approved for Public Release. Distribution is Unlimited.

Consistent with U.S. Army PdM TCNO

NOTE: DOCUMENT WILL BE CUI//OPSEC WHEN COMPLETED

whether other people to whom we contemplate disclosing this information are approved to access it pursuant to an appropriate lawful Government purpose, and that we understand this training and these procedures.

4. Security/control: We are obligated to protect CUI to which we are granted access from unauthorized disclosure, in accordance with the terms of this agreement, and the LRGWP applicable to the specific categories of CUI to which we are granted access.

5. Reporting breaches: We agree that we shall promptly report to appropriate officials, in accordance with the guidance issued for the applicable category of CUI, any unauthorized disclosure that we have knowledge of whether or not we are personally involved. We also understand that our anonymity will be preserved to the extent possible when reporting such violations.

6. Time: We understand that all conditions and obligations imposed upon us by this agreement apply during the time we are granted access to CUI, and at all times thereafter while such information remains controlled. We shall destroy all printed and electronic copies of the documentation provided by the Government and all derivative products, to include unclassified and classified information within:

a. thirty (30) calendar days after RPF closing date if we do not submit proposal; or

b. thirty (30) calendar days after the award notification date if we submit proposal.

7. Destruction certification: We shall certify via letter to the PM I2S that:

a. this destruction has been completed,

b. the method used for destruction (e.g., shredding or incineration of printed copies, purging of electronic media, wiping of storage), and

c. provide a complete list of the personnel that had accessed to the technical documentation prior to destruction.

8. Breach: If we violate the terms and conditions of this agreement, such violation may result in cancellation of our access to CUI, and, depending upon the LRGWP that governs the CUI, may result in civil and criminal sanctions. This may also serve as a basis for denying us access to other types of information under PM I2S’s control.

9. Remedies: This agreement is made and intended for the benefit of the United States Government and may be enforced by the United States Government. By granting us access to CUI in this context, the United States Government may seek any remedy available to it to enforce this agreement, including, but not limited to, application for a court order prohibiting disclosure of CUI in breach of this agreement. We understand that if our employees or sub-contractors violate the terms and conditions of this agreement, employees of the Vendor’s Team could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the LRGWP applicable to the category of CUI involved, and the United States Government have not waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any CUI to which we have been given access under the terms of this agreement.

10. Severability: Each provision of this agreement is severable. If a court should find any provision of this agreement to be unenforceable, all other provisions shall remain in full force and effect.

PROJECT MANAGER INTEROPERABILITY, INTEGRATION AND SERVICES

TECHNICAL DOCUMENTATION ACCESS COMPLIANCE CERTIFICATION

AND

NON-DISCLOSURE AGREEMENT

Distribution Statement A: Approved for Public Release. Distribution is Unlimited.

Consistent with U.S. Army PdM TCNO

NOTE: DOCUMENT WILL BE CUI//OPSEC WHEN COMPLETED

11. Other agreements: Our execution of this agreement shall not nullify or affect in any manner any other secrecy or non-disclosure agreement(s) that we have executed or may execute with PM I2S, the United States Government, or any of its other departments or agencies.

12. Signing this agreement does not bar disclosures as required by superseding authorities of existing or future LRGWP.

13. We read this agreement carefully and our questions, if any, were answered. We acknowledge that PM I2S has made available to the Vendor’s Team agency guidance (TCNO Security Classification Guide), LRGWP, or other laws, regulations, or directives referenced in this agreement so that we may read them at this time, if we so choose.

IN WITNESS WHEREOF, the Vendor certifies it complies with the herein stated requirements as of the date specific below:

(the “Vendor”) (the “Vendor” CAGE code)

BY: [________________________] Address: [___________________________]

Signature/Date: [________________________] [___________________________]

Position: [________________________] [___________________________]

Email: [________________________]