Solicitation_N0017417R0009_ATT_K_Non_Disclosure_Agreement.doc

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NSWC IHEODTD Demonstration and Assessment Team (DAT) Engineering and Technical Support Services
Solicitation number
N00174-17-R-0009
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Attachment K

NON-DISCLOSURE AGREEMENT (INDIVIDUAL)

In the course of performing work on Contract awarded from N00174-17-R-0009 I may be given access to or entrusted with Source Selection Information (as defined in Federal Acquisition Regulation (FAR) 2.101), 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) by __________________ [Insert name of company] or other companies. 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”). Any data on the Integrated Digital Environment (IDE) or any data which is derived from, based on, incorporates, includes or refers to data on the IDE shall be treated as Source Selection, Business Sensitive or proprietary data and shall be subject to the terms of this non-disclosure agreement.

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 _____________ [Insert name of Contractor that employee works for] unless and until such person has executed a copy of this 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 venturer, affiliate, successor or assignee of__________________ [Insert name of Contractor that employee works for]), 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 Attachment 15 to the subject contract. 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 ___________ [Insert name of Contractor employee works for]. I will comply with all laws and regulations and the Use and Non-Disclosure Agreement at DFARS 227.7103-7.

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 and/or my employment with _________________ [Insert name of Contractor employee works for], for the life of the _________Program , including development, production, operation, use, modification or modernization of the _________). I will promptly (within one business day) report to the ________________ [Insert name of Contractor employee works for] 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 become aware.

I agree that when the ________ Program Manager or [Insert name of Contractor employee works for] determines that my need for such data no longer exists or my employment with ___________ [Insert name of Contractor employee works for] ends, I shall return such data promptly (within five business days) to the _____________ [Insert name of Contractor employee works for] Program Manager.

PRINTED NAME: __________________________

POSITION/TITLE: ______________________

SIGNATURE : _____________________________________ DATE: ______________________

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