NDA template.docx

CONFLICT OF INTEREST AND NON-DISCLOSURE STATEMENT

I understand that in connection with my participation in the subject acquisition, I may acquire or have access to information relating to any aspect of that acquisition. I hereby acknowledge my obligations under the Procurement Integrity Act (41 U.S.C. § 2101 et seq, as implemented by FAR § 3.104), the Trade Secrets Act, (18 U.S.C. §§ 1832, 1905), and the Privacy Act (5 U.S.C. § 552a) and agree that I will not discuss with or reveal to any representative of any governmental entity, business organization, other entity, or any individual person (except persons specifically authorized by the Procuring Contracting Officer (PCO)), either within or outside the U.S. Government, any information regarding the Subject acquisition. The term "any information regarding the Subject acquisition" includes, but is not limited to, information contained (or to be contained) in any acquisition documentation created by the United States Navy pursuant to FAR Subpart 7.1, the DoD Interim Defense Acquisition Guidebook of 30 October 2002, or SECNAVINST 5000.2B, requests for quotations/proposals, contractor bid or proposal information as defined in FAR § 3.104-1, requests for information (RFI), source selection information (as that term is defined in FAR § 2.101), trade secrets and other proprietary information (18 U.S.C. §§ 1832, 1905), the number and identity of Government personnel involved, and the schedule of key technical and acquisition events in the acquisition process. Except as specifically authorized by the PCO, release of such information is not authorized. I agree that this obligation shall continue both during the period of my current participation and thereafter.

I recognize that a significant factor in the successful and proper completion of the subject acquisition is the strict confidentiality observed by all participants in the various evaluation, review, and discussion groups concerning all of the activities and procedures involved in acquisition development, and that failure to comply with these requirements may compromise the award decision. I acknowledge that the unauthorized release of acquisition information may result in the termination of my participation in this acquisition. Furthermore, I am aware that the unauthorized release of such information may subject me to criminal and civil penalties and adverse personnel actions.

In the event that I release any information described above or become aware that such information has been released by someone else, I agree to so advise the PCO immediately. When so advising the PCO, I will provide the PCO with the following information: (1) the business organization or other entity, or individual person, to whom the information in question was divulged, (2) the identity of the person that disclosed the information, and (3) the content of the information. I further agree to advise the PCO immediately if I or anyone else participating in the acquisition is contacted by an offeror, its subcontractors (at any tier), joint venture partners, or team members during the conduct of the acquisition process.

I further affirm that I understand my obligations under 18 U.S.C. § 208 and 5 C.F.R. § 2635.401-403. If I am notified of the identity of offerors, their subcontractors (at any tier), joint venture partners, and team members by whatever means, I will (1) disclose to the PCO and to NAVSUP Fleet Logistics Center, Sigonella Office of Counsel whether I or any member of my immediate family* have any holdings or interest whatsoever in any offeror, their subcontractors, joint venture partners, or team members, and (2) if I or a member of my immediate family* acquire holdings or interest in any offeror, its subcontractors, joint venture partners, or team members, notify the PCO and will not participate in any aspect of the Subject acquisition unless authorized to do so by the PCO and NAVSUP Fleet Logistics Center, Sigonella.

Finally, I agree that I understand my obligations under 5 C.F.R. §§ 2635.501-503 and that once I learn of the identity of any offeror, its subcontractors (at any tier), joint venture partners, and team members by whatever means, I will disclose to the PCO and to NAVSUP Fleet Logistics Center, Sigonella Office of Counsel 1) whether my involvement in the acquisition may affect the financial interest of a "member of my household," as defined in 5 C.F.R. § 2635.502(b), or 2) whether I have a "covered relationship," as defined in 5 C.F.R. § 2635.502(b), with an offeror, its subcontractors (at any tier), joint venture partners, or team members or their respective representatives, or 3) whether circumstances have arisen that would raise a question of my impartiality in the acquisition.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. 5 U.S.C. 2302(b)(13).

I acknowledge that I have read this document and understand my responsibilities and acknowledge that if I have a question on these obligations I will address them to the PCO.

DATE: __________________________ SIGNATURE: ________________________

POSITION: ______________________ PRINTED NAME: _____________________

OFFICE CODE: __________________ ORGANIZATION: _____________________