NDA Sample Data set.docx

Sample Data Set Non-Disclosure Agreement THIS NONDISCLOSURE AGREEMENT is entered into as of the date signed below by the United States Government, acting by and through the National Archives and Records Administration (NARA), which is the party disclosing confidential information, and __________ which is the party receiving confidential information (Recipient), in order to protect the confidential information which is disclosed to Recipient by NARA.

The parties agree as follows:

1) Recipient shall not disclose the confidential information to any individual who is not legally obligated to honor the terms of this nondisclosure agreement.

2) The confidential information disclosed by NARA under this Agreement is a representative data set copied from one Presidential Library’s (the John F. Kennedy Presidential Library and Museum) museum collections management iO® database (Attachment 1). This information represented by this data is restricted from public access.

3) The Attachment 1 file was captured following instructions provided by Selago Designs, Inc., and is in a *.bak format. The contents of the file can be used by someone knowledgeable in SEQL Server to restore a SQL server database. Per Selago Design's instruction, the data file as provided will allow the user to see the data without gaining access to any proprietary code.

4) The data represents one Presidential Library’s collections only, and is intended to serve as a representative sample only. It does not necessarily represent all data types or configurations that would be encountered during the course of carrying out the full scope of solicitation NAMA-11-Q-0050, Purchase and Installation of the National Archives Museum Collections Database.

5) The Recipient shall use the confidential information only for use in submitting a bid or proposal for solicitation NAMA-11-Q-0050.

6) Recipient shall not make any copies of the confidential information except as authorized in writing by NARA. Any copies which are made shall be identified as belonging to NARA and marked "confidential" or a similar legend.

7) The Recipient shall have a duty to protect all confidential information which is disclosed to it, whether disclosed in writing, orally or in any other manner and which is identified as confidential at the time of disclosure. If the disclosure is in writing, it shall be marked "confidential". If a disclosure is not in writing, NARA shall provide Recipient with a written memorandum summarizing and designating such information as confidential within thirty (30) days of the disclosure.

8) This agreement controls only information which is disclosed to Recipient for the purpose of submitting a bid or proposal for NAMA-11-Q-0050. .

9) Within 15 days of the conclusion of the procurement, Recipient will destroy all information provided, including any copies made by Recipient, to NARA. Recipient shall prepare, and provide to NARA, a sworn affidavit that all information provided, including any copies made by Recipient, has been destroyed, and that

10) Recipient does not retain any copies of the information provided in any medium whatsoever.

11) This Agreement imposes no obligation upon the Recipient with respect to confidential information which (a) was in the Recipient's possession before receipt from NARA; (b) is or becomes a matter of public knowledge through no fault of the Recipient; (c) is received by the Recipient from a third party without a duty of confidentiality; (d) is disclosed by NARA to a third party without a duty of confidentiality on the third party; (e) is independently disclosed by the Recipient with NARA’s prior written approval, (f) is identified by NARA as no longer confidential; or (g) is developed by the Recipient without reference to information disclosed hereunder.

12) In the event Recipient is required by law, regulation or court order to disclose NARA’s confidential information, Recipient will (except as prohibited by law, regulation or court order) promptly notify NARA in writing prior to making any such disclosure in order to facilitate NARA seeking a protective order or other appropriate remedy from the proper authority. Recipient agrees to cooperate with NARA in seeking such order or other remedy. Recipient further agrees that if NARA is not successful in precluding the requesting legal body from requiring the disclosure of the confidential information, it will furnish only that portion of the confidential information which is legally required.

13) NARA warrants that it has the right to make the disclosures under this Agreement.

14) Neither party acquires any intellectual property rights under this Agreement.

15) Appropriations Act restriction: These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.

16) The parties do not intend that any agency or partnership relationship be created between them by this Agreement.

17) All additions or modifications to this Agreement must be in writing and signed by both parties.

18) This Agreement is made under and shall be governed by the laws of the United States.

19) This Agreement may be terminated immediately by either party upon delivery of written notice of termination to the other party. Such termination shall not affect Recipient's duties with respect to confidential information disclosed prior to termination.

Request to see the sample Data set must be made through the Contracting Officer Damon Nevils (e-mail: damon.nevils@nara.gov).For the National Archives and Records Administration

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