Attachment_4_-_CDMRP_CA.docx

Department of Defense Confidentiality Agreement – 16 January 2016

DEPARTMENT OF DEFENSE

U.S. ARMY MEDICAL RESEARCH AND MATERIEL COMMAND

CONGRESSIONALLY DIRECTED MEDICAL RESEARCH PROGRAMS

ACKNOWLEDGMENT AGREEMENT

RELATING TO

CONFIDENTIALITY OF INFORMATION AND CONFLICT OF INTEREST/IMPARTIALITY

As a participant in research funding activities for the Congressionally Directed Medical Research Programs (CDMRP), you have obligations either as an employee of the Federal Government (pursuant to statute and regulations) or as a nonfederal employee (pursuant to contract requirements) relating to confidentiality of information and conflict of interest/impartiality. This agreement must be read, understood, signed and submitted as an acknowledgment of your obligations and a condition of your participation in CDMRP research funding activities.

1. Confidentiality of Information:

Certain information you prepare or receive in the course of your participation may be confidential, proprietary and/or procurement sensitive. Federal employees are required to protect this information under statutes and implementing regulations. The Procurement Integrity Act and the Trade Secrets Act establish obligations on the federal employee to protect procurement sensitive information and business confidential information. Contractor employees receiving this information as part of their support to the CDMRP are required to protect this same information under the terms of their contract. You have a continuing obligation to the Government to not disclose or misuse any “inside” information, whether classified or unclassified, that you acquire as part of your official duties and that is not generally available to the public.

Your duties require that you have access to program- and project-related information that may include, but is not limited to, meeting materials, summaries of research projects, briefing slides depicting products and management information, formulae, structures, manufacturing processes, test results, discussions, financial data, trade secrets, demonstrations of research prototypes and procurement sensitive information such as pre-published proposal submission requirements, proposal information, and pre-award funding decisions. You may also have access to personal information, including but not limited to, social security numbers, personal credit card numbers, bank account information, and/or health information related to a research related injury reimbursement claim. Information may be confidential, proprietary, procurement sensitive and/or personal information that must be protected. All such information is hereafter referred to as “Sensitive Information.”

_____ (initial) I agree to use Sensitive Information strictly for the specified purposes. I will not appropriate, disclose to unauthorized persons or allow unauthorized use of Sensitive Information before, during or after my participation in CDMRP activities.

_____ (initial) I will not discuss Sensitive Information with anyone, excepting appropriate CDMRP staff or other personnel who have need for the Information and are under similar obligations on use and disclosure of the Sensitive Information.

______ (initial) I understand that review proceedings are confidential communications. Under no circumstances will I advise applicants, panel reviewers, or any other non-CDMRP staff members of review panel deliberations, comments, or pre-award funding recommendations or decisions before the information is publically available.

______ (initial) I agree to use care to protect Sensitive Information with the same care as I treat other confidential information, but in any event use no less than reasonable care.

______ (initial) I agree to (1) destroy, or upon request return to the CDMRP, all personal copies of review-related materials, including summary statements, notes, and inquiry review panel materials when no longer needed to perform my duties; and (2) refer all inquiries made of me concerning any aspect of the review proceedings to the appropriate CDMRP staff member.

2. Conflict of Interest/Impartiality:

It is essential that all actions be conducted impartially so there is no public doubt about the propriety and fairness of our programs and operations. Ethical conduct and ethical decision-making is a high priority for the Department of Defense (DoD) and all personnel are to adhere to the highest ethical standards at all times. The Government has provided detailed standards of conduct to help avoid confusion in performing our duties: Principles of Ethical Conduct for Government Officers and Employees (E.O. 12731), the conflict of interest laws, the Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R. 2635, and the Joint Ethics Regulation (DOD 5500.7-R). Each person should vigilantly avoid any action that gives rise to public concern about the integrity of DoD business processes and decisions.

A government employee may not participate personally and substantially in a particular government matter (such as administration of an awarded contract, selection for a new contract, or participation in procurement activities), if the matter will have a direct and predictable effect on the financial interests of any of the following: the employee; the employee’s spouse or minor children; the employee’s general partner; a company or organization in which the employee is serving as an officer, director, trustee, general partner or employee; or a company or organization with which the employee is negotiating for employment, or has an arrangement concerning prospective employment. Likewise, contractor employees are covered by contract requirements that prohibit similar conflicts of interest in performing their services. You must be diligent in recognizing and avoiding any conflicts of interest.

_____ (initial) I understand that a conflict of interest or question of impartiality could exist if I were to review, discuss or evaluate proposals or otherwise participate in CDMRP activities that could affect my personal or financial interests. I agree that I shall not use my participation in CDMRP activities for purposes that are, or give the appearance of being, motivated by the desire for private gain.

_____ (initial) I agree that should I become aware of a conflict of interest or an appearance of a conflict of interest, I will immediately notify CDMRP and disqualify myself from further participation until the conflict has been resolved.

_____ (initial) I agree to report any circumstance that would cause a reasonable person with knowledge of the relevant facts to question my impartiality in the matter.

By initialing above and signing below, I acknowledge my responsibilities and obligations in regard to my participation in CDMRP activities in maintaining confidentiality of information and avoiding conflicts of interest. I understand that failure to comply with my obligations may lead to disciplinary action, termination of employment, and/or criminal or civil penalties for violation of applicable Federal statutes.

Name (Print): _____________________

Title: ____________________________

Organization: _____________________