ATTACHMENT-5_NON_DISCLOSURE_AGREEMENT_INDIVIDUAL.docx

Attachment 5: Non-Disclosure Agreement – Individual

Contract No. N32205-XX-X-XXXX

In providing services to Military Sealift Command under Contract No. N32205-XX-X-XXXX, I understand that I may have access to sensitive United States Government information. I agree to use such information for authorized purposes only. I understand that the unauthorized release of such information would be injurious to the interests of the United States. Additionally, I understand that access to this information is a privilege granted under a contractual agreement between my employer, TBD, and the Government, and is subject to all the terms and conditions of that agreement. I understand that this access may be withdrawn at any time. Violation of the terms of this Agreement may adversely affect my employer’s contract with the Government and may result in the termination of my employment under the contract. Furthermore, I understand that the unauthorized release of the information described above may subject me to criminal and civil penalties.

In light of the foregoing, I understand the need to safeguard any and all sensitive information to which I will have access, authorized or otherwise, in support of Contract No. N32205-XX-X-XXXX. I agree to protect the confidentiality of all such information of which I have knowledge or possession. I will not divulge, discuss or otherwise reveal sensitive information to anyone within TBD or any other entity, private or governmental, not authorized access to such information without the express written approval of the Contracting Officer.

I understand that I may have access to proprietary and source sensitive information. I fully understand that such information must be protected in accordance with 41 U.S.C. Section 423 and 18 U.S. Code Section 1905. I agree:

a. To use any and all proprietary information to which I am given access ONLY for Government purposes under the referenced contract. I will not share the information with others unless I have received prior clearance from the Contracting Officer.

b. Not to use such information for any non-contractual purposes, including but not limited to, the preparation of bids or proposals, or the development or execution of other business or commercial ventures.

c. To store the information in such a manner as to prevent inadvertent disclosure or release to individuals who have not been authorized access to it.

In the event that I release any of the information described above or become aware that such information has been released, I agree to so notify the Contracting Officer as soon as practicable. The notification shall describe the circumstances and content of the release. I also agree to provide similar notification should any unauthorized governmental entity, business organization, or individual person request any of the information described above.

I understand that the terms of this Agreement shall not apply to information publicly disclosed by Military Sealift Command, information available to the general public through independent sources, information previously known to me, the release of which is not otherwise restricted, or information required to be publicly disclosed by law or a court of competent jurisdiction.

I agree that this obligation shall continue both during the period of my services and thereafter.

When I have completed my services, I either will:

a. Return all sensitive information to the source that provided it to me or

b. If authorized by the information’s source, certify in writing to the Contracting Officer within 30 days after completing my services that all unreturned sensitive information has been destroyed, including any material stored in archival files and computer backup files or any other electronic files.

Each term of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other terms shall remain in full force and effect.

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