N0018918QQ043_Non-Disclosure_Agreement.doc

Non-Disclosure/Non-Participation/Non-Use Agreement

This agreement is executed for the benefit of Fleet Logistics Center (FLC) Norfolk Contracting and the Naval Supply Systems Command Business Systems Center (NAVSUP BSC).

I, <name of support contractor employee>, in my personal and individual capacity, and separately, as an employee of <support contractor #1, i.e., receiving information from NAVSUP BSC>, which in turn is a subcontractor of <support contractor #2, i.e., having contract w/Government entity referenced above > in consideration of work to be undertaken as to and in support of NAVSUP BSC, including but not limited to, work regarding NAVSUP BSC’s Wiser Hardware/Software Integration and Training Requirement, hereby agree as follows. In addition to fully complying with all terms of any agreement regarding the protection, non-disclosure, etc. of information that has been/will be entered into with any private entity (e.g., a defense contractor) whose information may be furnished by NAVSUP BSC in connection with N0018918_________.

1. When/if given access to information identified as Source Selection Information, Contractor Bid and Proposal Information, and/or any other information identified as sensitive--whether such information is privately-owned or Government-owned, (including, but not limited to, information covered or potentially covered by the following federal laws: the Trade Secrets Act, the Privacy Act, the Procurement Integrity Act, and the Freedom of Information Act)--I agree that I will not disclose or in any way transfer or transmit such information to any person or entity not authorized by NAVSUP BSC to receive it without first obtaining written permission from the contracting officer. These restrictions shall apply before, during, and indefinitely after N0018918__________. For individuals signing this agreement, such restrictions continue to apply if/when the individual leaves the employ of any entity listed in this Agreement.

2. I will fully comply with all terms, restrictions and/or prohibitions of Federal Acquisition Regulation (FAR) 3.104 with respect to contractor bid or proposal information and source selection information as defined in the FAR. This compliance shall be required before, during and after N0018918_______ and if/when I leave the employ of <support contractor #1 >.

3. I will not, at any time after signing this Agreement, (i) assist any person/entity in preparing any proposal, quote, response, or offer related to any procurement or contract identified in any information furnished hereunder; (ii) myself make any proposal, quote, response, or offer related to any such procurement or contract; and/or (iii) become a subcontractor for, or team with, any person/entity which receives any award related to any such procurement.

4. Furthermore, I agree that all copies (in any medium) of any information furnished to me or to any entity listed in this Agreement will be returned to NAVSUP BSC promptly upon completion or other termination of the work to be carried out regarding N0018918________. In the alternative, if directed by NAVSUP BSC, all copies of such information will be destroyed and such destruction confirmed with NAVSUP BSC.

5. [Support contractor #1 ] and [support contractor #2 ], in consideration of work to be undertaken as to N0018918_________ each hereby acknowledges that [name of support contractor employee ] is bound by this agreement and each separately agrees that it is also bound by all terms of this Agreement.

6. [Support contractor #1 ], [support contractor #2 ], and [name of support contractor employee] further agree that any study, review, report, or other work product produced for the contracting officer and/or NAVSUP BSC and incorporating, referencing, or otherwise using any information referenced above shall not be delivered, distributed, transferred, copied, or otherwise conveyed, to any party private or Government other than the contracting officer and/or NAVSUP BSC without the written permission of the contracting officer and/or NAVSUP BSC.

7. [Support contractor #1 ], [support contractor #2 ], and [name of support contractor employee] also agree that—

(i) this Agreement is enforceable separately from any other agreement regarding the protection, non-disclosure, etc. of information; and

(ii) with regard to any above-referenced information supplied by the NAVSUP BSC this Agreement shall take precedence over any other agreement regarding the protection, non-disclosure, etc. of information; and

(iii) in the event of breach of this Agreement by [support contractor #1], [support contractor #2], and/or [name of support contractor employee], they may be jointly and severally subject to breach of contract remedies and other applicable common law, equitable, statutory and regulatory remedies.

[name of support contractor #1]

[name of support contractor employee] dated: ____________

By [name of Program Manager/authorized company representative, support contractor # 1] dated: ____________

[name of support contractor #2]

By [name of PM/authorized company representative, support contractor # 2] dated: ____________