Attachment_C.pdf

Solicitation #: QTA0017AS4002 Concurrent Contract Operations

ATTACHMENT C

CERTIFICATION REGARDING NONDISCLOSURE OF PROCUREMENT

SENSITIVE/CONFIDENTIAL INFORMATION

SUBJECT: Concurrent Contract Operations

THIS NONDISCLOSURE AGREEMENT is entered into as of the date signed below by __________ , who is the party receiving confidential information ("Recipient"), in order to protect the Procurement Sensitive/Confidential information which is disclosed to Recipient by GSA.

The Procurement Sensitive/Confidential information disclosed by GSA under this Agreement is described as procurement information related to GSA Concurrent Contract Operations support for EIS and Networx.

Unless otherwise authorized by the Contracting Officer (or designee) or appropriate legal authority, the Recipient shall not disclose the Procurement Sensitive/Confidential information to any individual who is not legally obligated to honor the terms of this nondisclosure agreement.

The Procurement Sensitive/Confidential information disclosed by GSA under this Agreement is information that:

• Reflects confidential commercial information submitted by an offeror/contractor, which could reasonably be expected to cause competitive harm to an offeror/contractor;

• Includes competition sensitive information regarding business opportunities and competition concerning potential GSA suppliers;

• Is otherwise protected under the Freedom of Information Act, the Privacy Act, or other authority;

• Has been designated “ Procurement Sensitive” , "Proposal Information", “ Proprietary Information", "Source Selection Information", or "For Official Government Use Only."

There can be no disclosure without prior concurrence and approval from the GSA Contracting Officer.

The Recipient shall not make any copies of the Procurement Sensitive/Confidential information except as authorized in writing by GSA. Any copies which are made shall be identified as belonging to GSA and marked "Source Selection Information – See FAR

2.101 and 3.104”, Procurement Sensitive", “Confidential”, or a similar legend.

This agreement controls only information which is disclosed to the Recipient after signing this Non-Disclosure Agreement. This Agreement imposes no obligation upon the Recipient with respect to confidential information which (a) was in the Recipient's possession before receipt from GSA or the Agency; (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 GSA to a third party without a duty of confidentiality on the third party; (e) is independently disclosed by the Recipient with GSA's prior written approval; or (f) is developed by the Recipient without reference to information disclosed hereunder.

The Recipient is aware that an unauthorized disclosure of protected Procurement Sensitive/Confidential information may be subject to criminal, civil, and/or administrative penalties.

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.

Recipient:

Signature Date

Name

Title and Company

Telephone Number