Nondisclosure Agreement for Contractors.pdf

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

WASHINGTON, D.C. 20580

NONDISCLOSURE AGREEMENT FOR CONTRACTORS

(contract number)

(At the time of contract award, the Contracting Officer is _______________________________________________;

the Contracting Officer’s Technical Representative is _________________________________________________ )

FTC Form X33 (rev. 4/06)

(typed or printed name)

(signature)

(date)

(company)

(1) Disclosure of FTC materials and information. I will not divulge FTC materials and information for any purpose to any person other than an authorized person.

• “FTC materials and information” includes both materials and information provided to me by the FTC (whether the FTC received such materials and information from a submitter or generated them internally) and produced by me pursuant to my work for the FTC. It includes materials and information in any form, including, for example, electronic form, and it includes information identifying the existence of a nonpublic FTC investigation.

• An “authorized person” is

(1) a member of the FTC staff, or

(2) other contractor personnel from whom the Contracting Officer has received a signed FTC “Nondisclosure Agreement for Contractors.”

(2) Use of FTC materials and information. I will not directly or indirectly use, or allow the use of, FTC materials and information for any purpose other than that directly associated with my officially assigned duties. I will not reveal the nature or content of FTC materials and information to any unauthorized person, either by direct action, counsel, recommendation or suggestion.

(3) Return of FTC materials and information. At the conclusion of my work under this contract, I will return to the FTC (or destroy, at the request of the Contracting Officer’s Technical Representative) all FTC materials, including copies, and all records containing FTC materials and information.

Consistent with the above, I understand that all reports or data first produced during my contract with the FTC and in connection with that contract shall be the sole property of the government.

None of these provisions shall limit disclosures: (1) at and consistent with directions of FTC staff, during an adjudicative or judicial proceeding to which the FTC is a party; or (2) with the written consent of the FTC General Counsel, or the General Counsel’s delegate, which consent can only be given if consistent with the FTC Act, the FTC’s Rules of Practice, and any other applicable laws, regulations, or orders.

Sanctions for misuse of FTC materials and information may include a fine of up to $10,000, imprisonment of up to ten years, or both.