STAF_RFP_Attachment_1c_Classified Information_NDA.pdf

ATTACHMENT 3

Non-Disclosure Agreement for Contractor Employees

I, , an employee of ________________., understand that as part of my duties as an employee working under contract number W900KK_________, I may acquire or have access to privileged, proprietary, or otherwise sensitive information. This may include information that is specifically provided to me for work under the Contract or information incidental to the work performed.

It is the United States Government's intent to strictly protect and manage access to, and to prevent unauthorized disclosure of the Government's information. This includes preventing disclosure of sensitive and non-public information to anyone not working on the Contract.

Protected Information may include, but is not limited to: proprietary information;

advance procurement information; source selection information; trade secrets; internal Government operational information; and confidential business information submitted by a Contractor regardless of whether such information is written, oral, or designated as sensitive, proprietary, or confidential at the time of its disclosure.

I certify that I shall not use Protected Information other than in performance of my assignment under the Contract, and that I shall only disclose Protected Information to either ______________. employees working on this Contract, Government employees, or other personnel authorized by the Contracting Officer's Representative.

I further acknowledge that the unauthorized disclosure of Protected Information to anyone not associated with the support of the contract could result in a personal and/or organization conflict of interest for myself and/or ______________

I understand and agree that access to Protected Information prohibits me from participating, on my own behalf, on behalf of ____________. or subsequent employers, or on behalf of others in the preparation of cost or technical proposals or taking part in contract negotiations involving or related to future requirements or project, if such participating involves utilization of Protected Information.

I agree that I will clearly identify myself as a representative of __________. prior to engaging in any communications through which Protected Information may be obtained from Government personnel or third parties (e.g., meetings, telephones, and other situations where Contractor status is not obvious.)

I will not disclose or use any sensitive and non-public information or any Protected Information in any manner inconsistent with the laws, regulations, or policies of the United States Government or any agency thereof, including 18 U.S.C. § 1905, Disclosure of Confidential Information, and 41 U.S.C. §§ 2101 et seq., Procurement Integrity Act.

I shall take all reasonable precautions to prevent the disclosure of Protected Information to any unauthorized party. I shall report to the Contracting Officer's Representative any violation of this Agreement. If I become aware of any improper release or disclosure of Protected Information by another party, I shall report this to the Contracting Officer's Representative or the Contracting Officer, in writing, immediately.

I further understand that the penalty for unauthorized disclosure or use of Protected Information may result in disciplinary actions up to and including dismissal from my employer. ·, . ,/

Employee Name (Printed)

Employee Signature

Date:

Employer/Supervisor Name (Printed)

Employer/Supervisor Signature

Date

ATTACHMENT 3

DEPARTMENT OF THE ARMY

UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND (TRADOC)

Intelligence Center of Excellence (ICoE)

SENSITIVE DATA NONDISCLOSURE AGREEMENT

AN AGREEMENT BETWEEN

AND THE UNITED STATES

1. ________ hereby accepts the obligations contained in this agreement in consideration of

_________ being granted access to sensitive data. As used in this Agreement, sensitive data is marked or unmarked “sensitive but unclassified information”, including oral communications, that meets the standards set by OMB A-130 or is otherwise identified as such by the ICoE.

__________ understands any data or systems of records protected from unauthorized disclosure by the provisions of Title 5, United States Code Sections 552 (often referred to as (“The

Freedom of Information Act”) and 552a (“The Privacy Act”) is/are sensitive data. In addition, other categories of information, including but not limited to medical, personnel, financial, investigatory, visa, law enforcement or other information which, if released, could result in harm or unfair treatment to any individual or group, or could have a negative impact upon individual privacy, Federal programs, or foreign relations is sensitive data. The term includes data for which the improper use or disclosure could adversely affect the ability of the United States Army and/or ICoE to accomplish its mission, as well as proprietary data and information received through privileged sources.

2. _________ acknowledges that it will be given access to ICoE sensitive data/information to facilitate the performance of duties assigned to it for compensation. ________ understands its responsibility to safeguard sensitive data disclosed to it and to refrain from disclosing sensitive data to persons not requiring access for performance of official duties. Before disclosing sensitive data, __________must consult with the Contracting Officer’s Representative (COR).

3. ______ has been advised that any breach of this Agreement may result in the termination of its access to sensitive data, which, if such termination effectively negates _____ ability to perform assigned duties, may lead to the termination of this Contract and/or other relationships with the Departments or Agencies that granted it access. ________ is aware that unauthorized release or mishandling of sensitive data/information may be grounds for adverse action against

__________. Unauthorized disclosure and/or misuse of Privacy Act data/information or other sensitive data/information may constitute a violation of United States civil and criminal law.

4. ________ understands that all sensitive data/information to which _________ has access or may obtain access by signing this Agreement is now and will remain the property of, or under the control of the United States Government. _________ agrees that it must return all sensitive data/information which has, or may come into its possession or for which it is responsible because of such access:

upon demand by an authorized representative of the United States Government; or upon the conclusion of the contract or other relationship with the Department or Agency that last

(b) Granted me access to sensitive data; or

(c) Upon the conclusion of the contract or other relationship that requires access to sensitive data.

Unless and until ________ is released in writing by the cognizant Contracting Officer or his/her authorized representative, _______ understands that all conditions and obligations imposed upon it by this Agreement apply during the time _______ is granted access to sensitive data/information and at all times thereafter.

5. _________ further agrees to the below terms.

(a) Signed Agreements. The Contractor agrees to sign an agreement to this effect with carriers, and other private or public entities providing proprietary data for performance under this Contract. As part of this Agreement, the Contractor shall inform these parties of its agreement to allow certain Government-designated Contractors access to their data/information. One copy of each signed agreement shall be forwarded to the Contracting

Officer.

(b) Government Designated Contractors. The Contractor agrees to allow the below listed

Government-designated support Contractors, possessing appropriate proprietary agreements and retained by the Government to advise the Government on cost, schedule and technical matters pertaining to this acquisition, access to any unlimited rights data acquired under the terms and conditions of this contract and to sign reciprocal nondisclosure agreements with them. One copy of each signed agreement shall be forwarded to the Contracting Officer.

List designated Contractors:

All Government-designated Contractors stated herein, or added at a future date shall also enter into nondisclosure agreements with all parties providing proprietary information to the

Contractor.

(a) Remedy for Breach. The Contractor acknowledges that any breach or violation of the

Agreement shall constitute a material and substantial breach of the terms, conditions and provisions of the Contract and that the Government may, in addition to any other remedy available, terminate this contract for default IAW the provisions of FAR 52.249-8 Default

(Fixed-Price Supply and Service). Nothing in this Agreement or Contract shall be construed to mean that the Government shall be liable to the owners of proprietary information in any way for the unauthorized release or use of proprietary information by this Contractor or its

Subcontractors.

GOVERNMENT WITNESS CONTRACTOR ACCEPTANCE

SIGNATURE SIGNATURE

DATE DATE

TITLE/POSITION: TITLE/POSITION:

THE EXECUTION OF THIS

AGREEMENT WAS WITNESSED

BY THE UNDERSIGNED.

THE UNDERSIGNED ACCEPTED

AGREEMENT BEFORE

ACCESSING SENSITIVE DATA OF

THE UNITED STATES

GOVERNMENT.

NDA C Blank