NDA_for_Contractors.docx

UNITED STATES OF AMERICA

OVERSEAS PRIVATE INVESTMENT CORPORATION

WASHINGTON, D.C. 20527

NONDISCLOSURE AGREEMENT FOR CONTRACTORS

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

· “OPIC materials and information” includes both materials and information provided to me by the OPIC (whether the OPIC received such materials and information from a submitter or generated them internally) and produced by me pursuant to my work for the OPIC. It includes materials and information in any form, including, for example, electronic form, and it includes information identifying the existence of a nonpublic OPIC information. Notwithstanding the foregoing, OPIC acknowledges and agrees that OPIC materials do not include non-customized materials and anonymized information and other work product produced by me and provided to OPIC.

• An “authorized person” is

(1) a member of the OPIC staff, or

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

(2) Use of OPIC materials and information. I will not directly or indirectly use, or allow the use of, OPIC 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 OPIC materials and information to any unauthorized person, either by direct action, counsel, recommendation or suggestion.

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

(4) Rules applicable to procurement or budgetary related OPIC materials and information. I will not release any

1. OPIC materials and information that relate to or contain budget values or Government cost estimates related to planned, ongoing or awarded procurements or

2. Information related to procurement strategy, negotiations or planning of procurements (planned, ongoing or awarded) to members of the OPIC staff who are not directly involved in that planned, ongoing or awarded procurement.

If I have any doubt about who is directly involved in the procurement, I will contact the Contracting Officer for clarification.

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

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

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