Attachment_B-Sensitive_Date_Nondisclosure.docx

ATTACHMENT B:

Sensitive Data Nondisclosure Agreement

DEPARTMENT OF THE ARMY

UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND (TRADOC)

ARMY CAPABILITIES INTEGRATION CENTER (ACOE)

SENSITIVE DATA NONDISCLOSURE AGREEMENT

AN AGREEMENT BETWEEN [INSERT NAME OF CONTRACTOR], AND THE UNITED STATES

1. [INSERT NAME OF CONTRACTOR] hereby accepts the obligations contained in this agreement in consideration of [INSERT NAME OF CONTRACTOR] 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 and is otherwise identified as such by the ACOE.[INSERT NAME OF CONTRACTOR] 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 ACOE to accomplish its mission, as well as proprietary data and information received through privileged sources. [INSERT NAME OF CONTRACTOR] understands and accepts that by being granted access to sensitive data, special confidence and trust has been placed in it by the United States Government.

2. [INSERT NAME OF CONTRACTOR] acknowledges that it has been given access to ACOE sensitive data/information to facilitate the performance of duties assigned to it for compensation. [INSET NAME OF CONTRACTOR] understands its responsibility to safeguard sensitive data disclosed to it and to refrain from disclosure sensitive data to persons not requiring access for performance of official duties. Before disclosing sensitive data, [INSERT NAME OF CONTRACTOR] must consult with the Contracting Officer’s Representative (COR).

3. [INSERT NAME OF CONTRACTOR] 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 [INSERT NAME OF CONTRACTOR’s] 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. [INSERT NAME OF CONTRACTOR] is aware that unauthorized release or mishandling of sensitive data/information may be grounds for adverse action against [INSERT NAME OF CONTRACTOR]. 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. [INSERT NAME OF CONTRACTOR] understands that all sensitive data/information to which [INSERT NAME OF CONTRACTOR] 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. [INSERT NAME OF CONTRACTOR] 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:

(a) 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 [INSERT NAME OF CONTRACTOR] is released in writing by the cognizant Contracting Officer or his/her authorized representative, [INSERT NAME OF CONTRACTOR] understands that all conditions and obligations imposed upon it by this Agreement apply during the time [INSERT NAME OF CONTRACTOR] is granted access to sensitive data/information and at all times thereafter.

5. [INSERT NAME OF CONTRACTOR] 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 all parties of its agreement to allow certain Government-designated Contractors’ access to all 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.

(c) 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

THE EXECUTION OF THIS AGREEMENT WAS THE UNDERSIGNED ACCEPTED WITNESSED BY THE UNDERSIGNED.

AGREEMENT ON

[INSERT NAME OF CONTRACTOR]

BEFORE ACCESSING SENSITIVE DATA OF THE UNITED STATES GOVERNMENT.