UCNIform.pdf

INDEX NO. PX-4862

PAGE NO. 1 of 1

ISSUE NO. 3

Unclassified Controlled Nuclear Information Non-Disclosure Agreement

(Ref. WI 02.02.04.10.03)

This Unclassified Controlled Nuclear Information Non-Disclosure Agreement (“Agreement”) is entered in this ____ day of ___________, 20___, by and between ________________________ (“Contractor”) and BWXT Pantex L.L.C. (“BWXT”) acting hereunder pursuant to its Solicitation No. W912BV-11-R-2003 with the United States Department of Energy (“DOE”).

Intending to be legally bound, the undersigned, who represents he/she has the authority to bind Contractor, accepts the following obligations, personally and on behalf of the Contractor and its employees, all lower tier subcontractors and their employees, agents and assigns, in consideration of being granted access to Unclassified Controlled Nuclear Information (“UCNI”). For purposes of this agreement UCNI means unclassified government information restricted from unauthorized dissemination under Section 148 of the Atomic Energy Act of 1954 as amended and its implementing regulations.

1. Contractor acknowledges that any documents marked or designated as UCNI or as containing UCNI may be disclosed only to authorized individuals, agents or employees of Contractor, and all lower tier subcontractors and their employees.

For purposes of this agreement, Contractor shall include authorized individuals, agents and assigns, or employees of Contractor, and all lower tier subcontractors and their employees. Contractor acknowledges receipt and understanding by its authorized agent of the appropriate knowledge concerning protection of UCNI, including without limitation the procedure for ascertaining whether persons contemplated to receive UCNI are approved for such access. For purposes of this agreement, documents means paper or hard copies, electronic data, media, including hard drives, computers, handheld devices, printers, and any other forms of electronic equipment utilized to receive, store, manipulate, or transmit UCNI information.

2. Contractor acknowledges and understands that direct or indirect unauthorized disclosure or other retention or negligent handling of UCNI could cause adverse effect to the common defense or security of the United States of America.

Contractor further understands and agrees that it and its authorized agents and assigns, or employees, including all lower tier subcontractors and their employees, having access to UCNI are obligated, under penalty of law, to comply with the laws and regulations of the United States that prohibit unauthorized disclosure, dissemination, access to or handling of UCNI, including without limitation, DOE Order 417.1A and DOE Manual 471.1-1, as amended.

3. Contractor agrees that all documents generated from UCNI shall be marked as UCNI and controlled as specified in the applicable DOE regulations, orders and manuals. If Contractor has any questions or concerns regarding proper identification, marking or review of documents that may contain UCNI or that have been created from UCNI, Contractor shall contact BWXT’s Contract Administrator for further assistance.

4. Contractor agrees that if in the course of the project for which UCNI is received it is necessary to transmit UCNI to another authorized person, the other authorized person shall be informed as to the proper control and protection of such information.

5. Contractor (as defined in 1. above) agrees that upon request of BWXT, or the completion of the project for which access was granted, to return all UCNI documents (as defined in 1. above) received from BWXT, UCNI documents created by Contractor, and any and all copies thereof in the possession of Contractor to BWXT.

6. Contractor shall report any unauthorized disclosure, dissemination, access or mishandling of UCNI immediately to BWXT Security through the BWXT Contract Administrator. If the Contract Administrator is unavailable, the Contractor shall immediately notify the BWXT Classification Office.

7. Contractor understands and acknowledges that failure to proper handle UCNI as set forth herein may be deemed a violation of law and subject Contractor to applicable penalties available under law.

8. Contractor acknowledges that the obligations contained herein regarding disclosure of UCNI shall survive beyond on the term of this agreement and shall continue to be a valid and binding obligation of Contractor.

9. Each provision of this Agreement is severable. Should a court of competent jurisdiction deem any provision of this Agreement unenforceable, all other provisions shall remain in full force and effect.

10. This Agreement is executed and performable in whole of in part in Carson County, Texas and any judicial action regarding enforcement of this Agreement shall be brought in a court of competent jurisdiction over Carson County, Texas.

Contractor: ___________________________ BWXT Pantex, L.L.C.

By: _________________________________ By: _______________________________

Title: ________________________________ Title:______________________________