Attachment_3_-_NDA.docx

USE and NON-DISCLOSURE AGREEMENT

CONTRACT N00421-XX-C-0038

In the course of performing under Contract N00421-XX-C-0038, Company Name , and the subcontractors approved to provide support services under this contract, herein collectively referred to as “the Contractor”, personnel will have access to system performance, Naval force structure, program / business sensitive, pre-decisional material, PII information, and/or data marked or considered For Official Use Only (FOUO) or “proprietary” (e.g., restrictive legend per FAR 52.215-1), which the Contractor shall not use for purposes other than performance under this task order; nor shall the Contractor release, distribute, or publish any data or analysis that is provided as Government Furnished Information (GFI) or data or analysis or studies that are produced as a result of performing under this task order; nor shall the Contractor authorize others to do so, without written permission of the Contracting Officers Representative (COR) and Contracting Officer. 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 program/business sensitive, pre-decisional material, and/or proprietary data (collectively referred to herein as “the data”).

Specific systems the Contractor will access under this NDA include, but are not limited to:

1. the Acquisition Management System (AMS)

2. the Navy Enterprise Resource Planning (Navy ERP) financial system

3. the Test Resource Management System (TRMS)

4. Atlantic Test Range (ATR) & Atlantic Targets and Marine Operations (ATMO) business and personnel systems on SharePoint and internal Databases As a condition to receiving access to systems and data as defined above, the Contractor hereby agrees to: (1) not disclose either the data or resulting analytic product(s) to any entity, government or otherwise, outside of NAVAIR 5.2 ATR and 5.3.3 ATMO organizations unless specifically authorized to do so in the language contained in the contract Statement of Work or authorized in writing by the COR; (2) use the data solely for the purpose of performing the requirements as set forth in relative tasks under this contract Statement of Work; (3) not discuss with, disclose, release, reproduce or otherwise provide or make available the data, or any portion thereof, or the analytic product resulting from use of the data to any other CONTRACTOR NAMEPAE affiliate or Subcontractor or personnel unless specifically authorized to do so in the language contained in the contract Statement of Work or authorized in writing by the COR; (4) ensure appropriate restrictive legends are included on any documents created, copied, and reproduced that uses all or any part of the data; and (5) establish safeguards to protect data from unauthorized use or disclosure. Further, the Contractor acknowledges by signing this non-disclosure agreement that any other use, disclosure, release is unauthorized and may result in substantial criminal, civil and/or administrative penalties to both the individual and the Contractor whose employee violates this special contract requirement. The obligation not to discuss, disclose, release, or otherwise provide or make available such data, or any portion thereof, shall continue, 5 years after completion of the contract. Any actual or suspected unauthorized use, disclosure, release, or reproduction of such data or violation of this agreement, of which the Contractor or any employee is or may become aware, will be reported promptly (within three business days) to the Prime Contractor’s Program Manager, who will inform the COR and Contracting Officer within five business days of receiving the report.

By: _________________________________ Authorized Representative’s Signature Date Printed Name:

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Company Name:

By: _________________________________ Employee’s Signature Date Printed Name:

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