Non Disclosure Agreement 071823.pdf

UNILATERAL NON-DISCLOSURE AGREEMENT SAFEGUARDING

INFORMATION RELATED TO US DIPLOMATIC FACILITIES

This Non-Disclosure Agreement is entered into by _____________________________(Company

Representative) on behalf of ________________________________________________ (Offeror) on this ______ day of July, 2023.

1.0. Instructions

1.1. This agreement shall be read, signed, and returned to the Contracting Officer, U.S. Embassy

Nairobi via email (nairobigso-contracts@state.gov), no later than 20 July 2023. Written acknowledgment of, and agreement to abide by the following requirements is required to participate in this acquisition and receive access to project-related documents. This document should be read by the individual requiring access to the information provided by the U.S. Embassy Nairobi.

2.0. General

2.1. Information related to U.S. diplomatic facilities is not authorized for public disclosure. It must be handled in a way that limits its exposure to persons who do not have a clear need to utilize the information, commonly referred to as a “need to know”.

2.2. Information related to U.S. diplomatic facilities may be designated (marked) as “Sensitive But

Unclassified” (SBU) or Unclassified. Proper handling of information helps to ensure the safety of all persons working on the project, as well as the safety of the U.S. citizens and locally employed staff, against organizations hostile to the U.S. or local governments.

2.3. Offeror personnel receiving proposed or actual solicitation documents, to include blueprints, other technical drawings, sketches, photographs, storage devices, and/or descriptive narratives will be responsible for these materials while in their possession, or that of any of their subcontractors.

3.0. Use, Storage, Transmission, and Return of Information

3.1. Documents received or generated in conjunction with this contract, contain information associated with a diplomatic construction project for the U.S. Embassy Nairobi. Such documents require special handling and dissemination restrictions. All handling designations and warnings on original documents must be reproduced on subsequent copies.

mailto:nairobigso-contracts@state.gov

3.2. All project-related information, including copies and stored on electronic media, whether received or generated in the performance of this project, shall be destroyed or returned to the

Contracting Officer Representative (COR) upon termination or completion of the project.

3.3. No further dissemination, publication, duplication, or other use beyond that which was requested and approved under this contract, including concerning any aspect of the design, construction, or other services relating to this project is authorized without specific advance written approval from the

Contracting Officer.

3.4. Unless otherwise provided for by U.S. Embassy Nairobi, the documents described above are not to be used by the Offeror on other work, whether internal or external.

3.5. Project information marked should be locked in a drawer, cabinet, closet, etc. at end of day or whenever it will not be in use by authorized personnel, so that it is not available for unintended disclosure (cleaning staff, visitors, etc.).

3.6. When mailing or transmitting via commercial carrier, the outside of the package should not indicate that it contains SBU.

3.7. Any loss, compromise, or suspected compromise or loss of project information must be immediately brought to the attention of the Contracting Officer.

3.8. Photographs of any areas within an overseas U.S. diplomatic or consular facility must be authorized in advance by the Contracting Officer. The Offeror shall submit a written request for authorization for such photography citing the reason(s) and use(s) for the photographs and storage devices. No further dissemination, publication, duplication, or other use beyond that which was requested and approved under this contract is authorized without specific advance written approval from the Contracting Officer.

3.9. U.S. Embassy Nairobi reserves the right to demand retention of all copies of documents, photographs, and/or storage devices containing project-related information.

4.0 Certification

I, ________________________________, have read, understand, and agree to abide by the requirements above. Additionally, I certify that I am authorized to enter into this Non-Disclosure

Agreement on behalf of _________________________________________________________.

Signature Date