Attachment 0011 - Non-Disclosure Agremment (NDA).docx

APPENDIX B: Non-Disclosure Agreement and Conflict of Interest Statement Important! This Agreement concerns a matter within the jurisdiction of a United States government agency. Individuals who make false, fictitious, or fraudulent statements and/or certifications may be subject to prosecution under 18 U.S.C §1001.

AGREEMENT

1. This Agreement applies to individuals involved in the Fires Post-Production Software Support and Post Deployment Software Support program, Solicitation W15P7T-24-R-0021

2. This Agreement contains the rules of conduct relating to this acquisition. It includes rules of conduct regarding conflicts of interest as well as rules of conduct regarding the safeguarding of confidential information.

3. Your signature on this Agreement indicates that you:

a. Have read this Agreement and agree to be bound by its terms.

TERMS

4. I have read, understand, and will abide by the requirements of the Federal Acquisition Regulation (FAR) 3.104, and Army FAR Supplement (AFARS) 5103.104. I understand that I may request a copy of FAR 3.104 and AFARS 5103.104 from the Contracting Officer for this acquisition.

5. As an officer of OFFEROR NAME, authorized to bind the company, I understand that in connection with our participation in the solicitation W15P7T-24-R-0021. OFFEROR NAME hereby agrees that it shall obtain Contractor – Employee Personal Financial Interest/Protection of Sensitive Information Agreements from any and all employees who will be tasked to perform work under the subject requirement prior to assignment to that Contract/Order.

6. The Company shall provide a copy of each signed agreement to the Contracting Officer.

7. I will not knowingly disclose any contractor bid or proposal information or source selection information regarding this acquisition directly or indirectly to any person other than a person authorized in accordance with AFARS 5103.104 to receive such information.

8. OFFEROR NAME acknowledges that the Contractor - Employee Personal Financial Interest/Protection of Sensitive Information Agreements require Contractor’s employee(s) to promptly notify Company management in the event that the employee releases any of the information covered by that agreement and/or whether during the course of their participation, the employee, his or her spouse, minor children or any member of the employee’s immediate family/household has/or acquires any holdings or interest whatsoever in any other private organization (e.g., contractors, offerors, their subcontractors, joint venture partners, or team members), identified to the employee during the course of the employee’s participation, which may have an interest in the matter the Company is supporting pursuant to the above stated Contract/Order.

9. The Company agrees to educate its employees in regard to their conflict-of-interest responsibilities.

10. I will observe the following rules during the conduct of the acquisition:

a. I will not solicit or accept, directly or indirectly, any promise of future employment or business opportunity from, or engage, directly or indirectly, in any discussion of future employment or business opportunity with, any officer, employee, representative, agent, or consultant of any potential offeror or subcontractor for this acquisition.

b. I will not ask for, demand, exact, solicit, seek, accept, receive, or agree to receive, directly or indirectly, any money, gratuity, item, or service of value from any officer, employee, representative, agent, or consultant of any potential offeror or subcontractor for this acquisition.

c. OFFEROR NAME further agrees that it shall notify the Contracting Officer within 24 hours, or the next working day, whichever is later, of any employee violation. The notification shall identify the business organization or other entity, or individual person, to whom the information in question was divulged and the content of that information.

d. OFFEROR NAME agrees, in the event of such notification, that, unless authorized otherwise by the PCO, it shall immediately withdraw that employee from further participation in the acquisition until the OCI issue is resolved.

CERTIFICATION

11. I agree to the Terms of this Agreement and certify that I have read and understand the above Agreement. I further certify that the statements made herein are true and correct.

Signature

Name (Printed)

Organization & Title

Date

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104 CUI//SP-SSEL//FED ONLY