Attachment 6 Revised Non-Disclosure Agreement for Contractors.pdf

REVISED NON-DISCLOSURE AGREEMENT

I, _______________________________________, an individual official, employee, consultant, or subcontractor of or to _____________________ (the Authorized Entity), intending to be legally bound, hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain information, specified below, that is owned by, produced by, or in the possession of the United States Government.

The Authorized Entity has expressed an interest in submitting a proposal in response to a solicitation for proposals to perform certain work, such solicitation issue by the U.S. Army Corps of Engineers, Baltimore District to perform Decommissioning and Dismantlement of the SM-1 Deactivated Nuclear Power Plant located at Fort Belvoir, Virginia. In order to submit the proposal, the Authorized Entity is being granted conditional access to certain Controlled but Unclassified Information (CUI). As used herein, CUI means unclassified information that requires safeguarding or dissemination controls, pursuant to and consistent with applicable law, regulations, and Government-wide policies. The Authorized Entity is being specifically granted conditional access to the following CUI:

All Government Provided Documents issued with Solicitation Number: W912DR-18-R-0021.

These documents and the information contained therein is considered to be For Official Use Only (FOUO) in accordance with Department of Defense Manual 5200.01 Volume 4, “DoD Information Security Program: Controlled Unclassified Information,” February 12, 2012, as amended.

I understand and agree to the following terms and conditions of my access to the information indicated above:

1. By being granted conditional access to the information indicated above, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to the protection of this information.

2. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/or directives applicable to the specific categories of information to which I am granted access. I understand that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement.

3. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to the information covered by this Agreement. This may serve as a basis for denying me conditional access to other types of information, to include classified national security information.

4. I will not disclose or release any information provided to me pursuant to this Agreement without proper authority or authorization. Should situations arise that warrant the disclosure or release of such information I will do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbally relayed to me by the proper authority.

5. The U.S. Government is providing the information solely in electronic format via its online file transfer tool, DoD SAFE (Secure Access File Exchange). This signed and dated Agreement shall be emailed to the Government’s Contract Specialist, Brian Richardson at the following email address: brian.l.richardson@usace.army.mil. I acknowledge that I am authorized to download one copy of each file provided via DoD SAFE, and that I may not make any copies of any files downloaded from DoD SAFE. I will not share, transmit, or otherwise disseminate downloaded files in any fashion, including by email. I acknowledge that I am authorized to print one paper copy of any file downloaded from DoD SAFE.

6. I hereby agree that I will destroy each electronic file downloaded via DoD SAFE and any paper copies printed from the downloaded files as soon as I no longer need the files or upon demand by an authorized individual, but in any event no later than ten (10) calendar days after notification of an award decision. I will email the Contract Specialist identified above to confirm the destruction of all files within one (1) calendar day completion of the destruction.

7. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of sensitive but unclassified information not consistent with the terms of this Agreement.

8. I hereby agree that material which I have in my possession and containing information covered by this Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or directives applicable to the specific categories of information.

9. I hereby agree that I will not alter or remove markings, which indicate a category of information or require specific handling instructions, from any material I may come in contact with, unless such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information. I agree that if I use information from a sensitive document or other medium, I will carry forward any markings or other required restrictions to derivative products, and will protect them in the same matter as the original.

10. I hereby agree that I shall promptly report to the contracting officer for this procurement any loss, theft, misuse, misplacement, unauthorized disclosure, or other security violation I have knowledge of and whether or not I am personally involved. I also understand that my anonymity will be kept to the extent possible when reporting security violations.

11. This Agreement is made and intended for the benefit of the United States Government and may be enforced by the United States Government. By granting me conditional access to information in this context, the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and the United States Government has not waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any sensitive information to which I have been given conditional access under the terms of this Agreement.

12. I understand that all conditions and obligations imposed upon me by this Agreement apply during the time that I am granted conditional access, and at all times thereafter.

13. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions shall remain in full force and effect.

14. My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure Agreement which I have executed or may execute with the United States Government or any of its departments or agencies.

15. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress);

Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling.

16. Signing this Agreement does not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.

17. I represent and warrant that I have the authority to enter into this Agreement.

NAME (Last, First, Middle Initial) DATE

Title

Name of Employing Entity

SIGNATURE