RFP 29393 Attachment 3 DHSES Non Disclosure Agreement.pdf

New York State Division of Homeland Security & Emergency Services Non-Disclosure Agreement

This Agreement is entered into as of the date of signature (“Effective Date”), between the New York State Division of Homeland Security and Emergency Services (hereinafter called “State”), and ____________________ (“Authorized Entity”), having an office at ______________________________.

I, ________________________ [print name], an authorized official of Authorized Entity, a potential respondent or subcontractor of a potential respondent to the Request for Proposals for RFP 29393 Next Generation 911 System Development and Independent Verification (hereinafter “RFP”) issued by the New York State Division of Homeland Security & Emergency Services (“DHSES”) on June 9, 2026, intending to be legally bound, hereby consents to the terms in this Agreement, in consideration of being granted conditional access to certain sensitive and/or confidential information relating to the above named solicitation.

I acknowledge that, upon my execution of this Non-Disclosure Agreement, the Authorized Entity will be granted conditional access to certain confidential information concerning PSAP locations to be integrated to the ESInet (the “Confidential Information”) that may be of assistance in preparing a response to the RFP. Neither the Authorized Entity nor I will disclose the Confidential Information to any third party and will use the Confidential Information for no purpose other than as an aid in responding to the RFP.

The Authorized Entity and I will maintain security and control over all documents and devices that come into its custody containing Confidential Information, and will take appropriate efforts to ensure the Confidential Information is not accessible to others.

Neither the Authorized Entity nor I will make any copies of the Confidential Information without DHSES’ written consent. The Authorized Entity and I will delete access to the Confidential Information and remove all such Confidential Information from our computers and other storage devices when our work with the Confidential Information is done.

The Authorized Entity and I shall ensure its agents, employees, officers, partners, and subcontractors, if any, are fully aware of the obligations arising under this Agreement and shall take all commercially reasonable steps to ensure its compliance to prevent unauthorized use, access, or disclosure of Confidential Information.

Failure by Authorized Entity or its agents, employees, officers, partners, or subcontractors to fully comply with these provisions may result in disqualification from the bidding process, termination of any resulting contract for cause, and/or any other legal remedies available.

The Authorized Entity and I acknowledge that this Non-Disclosure Agreement: (a) is not a DHSES commitment to enter into the contract with the Authorized Entity; and (b) shall be governed by the laws of the State of New York.

I, ___________________________, serving as ____________________ to the Authorized Entity hereby represent that I have the capacity and authority to sign on behalf of the Authorized Entity and agree to be bound to this Agreement.

Signature: ___________________

Representing: ______________

Date: _________________

STATE OF )

) ss.:

COUNTY OF ______________ )

On the _____ day of ___________ in the year 20__, before me, the undersigned, personally appeared __________________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Notary Public