NDA Law Enforcement Sensitive DJA-21-ASOD-PR-0696 (Canines SRT).pdf

DEPARTMENT OF JUSTICE

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

NON-DISCLOSURE AGREEMENT

COMPANY NAME: _________________________________________________

I, , on behalf of ________________________ (Company Name) hereby consent to the terms expressed in this Agreement in consideration of my being granted conditional access to certain United States Government documents or material containing Sensitive But Unclassified - Law Enforcement Sensitive Information.

I/we understand and agree to the following terms and conditions:

1. By being granted conditional access to Sensitive But Unclassified - Law Enforcement Sensitive Information, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement.

2. Sensitive But Unclassified - Law Enforcement Sensitive Information is unclassified information that does not meet the standards for National Security Classification under Executive Order 12958, as amended, but is (a) pertinent to the national interests of the United States or to the important interests of entities outside the Federal Government, and (b) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination; such as, the privacy to which individuals are entitled under Title 5 U.S.C. § 552a (Privacy Act).

3. I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose of:

(a) contract opportunity with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF’s acceptance of my signature on this Agreement permits me conditional access to certain information, more specifically to requirements, specifications, contract documents, and/or to attend meetings in which such information is discussed or otherwise made available to me. ATF shall identify all Sensitive But Unclassified - Law Enforcement Sensitive Information as such before it is disclosed to me. This Agreement will not allow me access to materials which the ATF has predetermined, in its sole discretion, are inappropriate for disclosure pursuant to this Agreement. This may include Sensitive But Unclassified - Law Enforcement Sensitive Information provided to Justice by other agencies of the United States Government.

4. I will never divulge any Sensitive But Unclassified - Law Enforcement Sensitive Information that is provided to me pursuant to this Agreement to anyone, unless I have been granted written permission from ATF. There will be absolutely no disclosure of any Sensitive But Unclassified - Law Enforcement Sensitive Information.

5. The restrictions in paragraph 5 do not apply with respect to Sensitive But Unclassified - Law Enforcement Sensitive Information that: (a) was in my possession prior to receipt from ATF; (b) is or becomes a matter of public knowledge through no fault of mine; (c) is legally received by me from a third party without a duty of confidentiality;

(d) is disclosed by the Government to a third party without a duty of confidentiality; or (e) is disclosed by me with ATF's prior written approval.

6. If I am permitted, at the sole discretion of ATF, to review any official documents containing Sensitive But Unclassified - Law Enforcement Sensitive Information, such review will be conducted at a Federal Government or approved secure facility or under circumstances that will maintain the security protection of such material. I will not be permitted to and will not reproduce any copies of documents or parts of documents to which conditional access is granted to me.

7. If I violate the terms or conditions of this Agreement, I understand that the unauthorized disclosure of Sensitive But Unclassified - Law Enforcement Sensitive Information could compromise law enforcement operations, the privacy rights of individual or business entities, or the security of ATF.

8. If I violate the terms or conditions of this Agreement, such violation may result in the cancellation of my conditional access to Sensitive But Unclassified - Law Enforcement Sensitive Information. This may serve as a basis for denying me conditional access to ATF’s information in the future. If I violate the terms or conditions of this Agreement, the United States may institute a civil action for damages or any other appropriate relief. The willful disclosure of information to which I have agreed therein not to divulge may constitute a criminal offense.

1. By being granted conditional access to Sensitive But Unclassified - Law Enforcement Sensitive Information, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement.

2. Sensitive But Unclassified - Law Enforcement Sensitive Information is unclassified information that does not meet the standards for National Security Classification under Executive Order 12958, as amended, but is (a) pertinent to the national interests of the United States or to the important interests of entities outside the Federal Government, and (b) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination; such as, the privacy to which individuals are entitled under Title 5 U.S.C. § 552a (Privacy Act).

3. I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose of:

(a) contract opportunity with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF’s acceptance of

9. Unless and until I am provided a written release by ATF from this Agreement or any portions of it, all conditions and obligations contained in this Agreement apply both during my period of conditional access, which shall terminate at the conclusion of work on my assigned project, and at all times thereafter.

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

11. I understand that the United States Government may seek to enforce this Agreement, including application for a court order prohibiting disclosure of information in breach of this Agreement.

12. Neither party will be held liable to persons or entities not a party to this Agreement for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use arising from breach of this Agreement. This paragraph does not release either party from any liabilities arising under law, any other existing contract or federal acquisitions regulations.

13. By granting me conditional access to information in this context, the United States Government does not waive any statutory or common law evidentiary privileges or protections that it may assert in any administrative or court proceeding to protect any Sensitive But Unclassified - Law Enforcement Sensitive Information to which I have been given conditional access under the terms of this Agreement.

14. These restrictions are consistent with and do not supersede, conflict with or otherwise alter any individual’s obligations, rights or liabilities created by Executive Order 12958 (Classified National Security Information); 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. Section § 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.

15. My execution of this Agreement shall not nullify or effect in any manner any other secrecy or Nondisclosure Agreement which I have executed or may execute with the United States Government.

I make this Agreement in good faith, without mental reservation or purpose of evasion.

Print Name/Title: _____________________________

Signature Date

This Agreement was accepted by the undersigned on behalf of ATF as a prior condition of conditional access to Sensitive But Unclassified or proprietary information.

Print name and Title: ___________________________________________________________________________

Signature Date

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES