RFP Attachment 1-Non Disclosure Agreement.docx

Federal Acquisition Service, 9988 Hibert Street, Suite 310 San Diego, CA 92

MEMORANDUM FOR: (Contractor)

FROM: (Contractor Employee)

TO:

NONDISCLOSURE AGREEMENT FOR ACCESS TO FOR OFFICIAL USE ONLY/CONTROLLED UNCLASSIFIED INFORMATION (FOUO/CUI)

AN AGREEMENT BETWEEN _______________________________________________ AND THE

(Name of Individual – Printed or Typed) CO NAME (“CONTRACTOR”)/OIG, DoD.

1. I, (Name of Individual – Printed or Typed) voluntarily accept the non-disclosure obligations contained in this Agreement in consideration for being granted access to For Official Use Only (FOUO)/Controlled Unclassified Information (CUI), specifically, in connection with my work for/on behalf of CONTRACTOR and OIG, DoD. FOUO/CUI is a Department of Defense (“DoD”) label used to identify information, documents, and/or products that may be exempt from release under the Freedom of Information Act, including records and information compiled for administrative investigative, inspection, evaluation, or audit purposes that: 1) could reasonably be expected to interfere with ongoing investigations, inspections, evaluations, or audits, 2) would deprive a person of a right to a fair and impartial adjudication of substantiated findings; 3) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of others, 4) disclose the identity of a confidential source; 5) disclose investigative techniques and procedures, or 6) could reasonably be expected to endanger the life or physical safety of any individual.

2. Unlawful disclosure of FOUO/CUI information could also adversely affect the national interest of the conduct of Federal programs including information covered by 18 U.S.C. 1905 and 1906, or the privacy to which individuals are entitled under 6 U.S.C. 552, but which haqs not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

3. During working hours, reasonable steps should be taken to minimize risk of access to FOUO/CUI by unauthorized personnel. After working hours, FOUO/CUI material shall be secured. FOUO/CUI material cannot be discarded in the open trash, made available to the general public, or posted on an uncontrolled website. FOUO/CUI material can, however, be shared with individuals with a need to know the content thereof, while still under the control of the individual possessing the document or product.

4. The following categories of information could be discussed during the course of interviews and are therefore designated as FOUO/CUI:

a) Informant, witness, and subject information;

b) Investigative material;

c) Law enforcement sources and undercover operations;

d) Law enforcement intelligence sources and methods;

e) Federal law enforcement agency activities;

f) Federal support to state and local law enforcement activities;

g) Information contained in documents pertaining to the identity of OIG, DoD employees or employees of other law enforcement agencies; and

h) Information contained in documents pertaining to the identity of persons involved in alleged criminal activity.

5. I understand and accept that by being granted access to FOUO/CUI information, special confidence and trust is being placed in me by the United States Government. I hereby acknowledge that I have been advised by a representative of the CONTRACTOR of the nature of FOUO/CUI information and the requirements for protecting such information from unauthorized disclosure. I further certify that I understand these requirements and agree to abide by them. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of FOUO/CUI information by me could cause damage or irreparable injury to administrative, inspection, evaluation, and audit activities of DoD, OIG. I hereby agree that I will never divulge FOUO/CUI information to anyone unless: (a) I have verified that the recipient has been properly authorized by the CONTRACTOR to receive it; or (b) I have been given prior written notice of authorization from the CONTRACTOR that such disclosure is permitted.

6. I understand that if I am uncertain about the FOUO/CUI status of information in my possession or control, I will treat it as FOUO/CUI unless otherwise advised by an authorized CONTRACTOR official. Even if the information is not deemed to be FOUO/CUI information, I cannot disclose it outside CONTRACTOR and/or DoD without the express written authorization of an authorized CONTRACTOR representative.

7. I understand that the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. Unauthorized disclosure of FOUO/CUI information may be a violation of the Privacy Act of 1974 punishable as a misdemeanor and fine not more than $5,000 (5 U.S.C. § 552), as well as other criminal statutes.

8. I understand that all FOUO/CUI information to which I have access or may obtain access by signing this Agreement is now and will remain the property of, or under the control of the CONTRACTOR unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all FOUO/CUI materials which have, or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the CONTRACTOR; (b) upon the conclusion of my employment or other relationship with the Department or Agency that provided me access to FOUO/CUI information; or (c) upon the conclusion of my employment or other relationship that requires access to FOUO/CUI information.

9. Unless and until I am released in writing by an authorized representative of the CONTRACTOR, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to FOUO/CUI information, and at all times thereafter. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain in full force and effect.

10. Additionally, I will submit to the Office of Inspector General, DoD, for security review, prior to any submission for publication, any book, article, column or other written work for general publication that is based upon any knowledge I obtained during the course of my work on this contract in order for the OIG DoD to ensure that no FOUO/CUI information is disclosed.

11. I have read this Agreement carefully and my questions, if any, have been answered.

(Signature of Individual) (Date) Title: _____________________________ Phone: ____________________________ (Name of CONTRACTOR Representative – Printed or Typed) (Signature of CONTRACTOR Representative) (Date) Title: _____________________________ Phone: ____________________________

WAWF