Amendment Of Solicitation/modification Of Contract (Page 26 of 40) in pdf

CONTRACT NO.

DELIVERY ORDER NO.

AMENDMENT/MODIFICATION NO.

PAGE

FINAL

N00178-14-D-7823

EX01

24 of 38

contract shall restrict its access to the minimum number of contractor personnel or subcontractors necessary for

performance of this contract. No one who prepares offers, proposals, bids, and/or quotations for Government and/or

non-Government procurements shall be provided access to PPBE documents or data. The Contractor shall ensure

that each of its personnel and subcontractors who obtains, receives, or gains knowledge of such information and/or

data as a result of performance of this contract understands and complies with this “Non-Disclosure and Non-Use of

Information and/or Data” provision.

The Contractor and its personnel and subcontractors shall disclose sensitive and/or proprietary information and/or

data obtained, received, or learned as a result of performance of this contract only to Contractor personnel directly

performing under this contract and to United States Department of Defense personnel to whom disclosure of such

sensitive and/or proprietary information and/or data is required in performance of this contract. The Contractor and

its personnel and subcontractors shall not disclose such information and/or data to anyone who prepares offers,

proposals, bids, and/or quotations for Government and/or non Government procurements. The Contractor and its

personnel and subcontractors shall take all steps necessary to prevent disclosure of such sensitive and/or proprietary

information and/or data except as specifically permitted herein.

(d) Non-Use of Information and/or Data

The Contractor and its personnel and subcontractors shall use sensitive and/or proprietary information and/or data

obtained, received, or learned as a result of performance of this contract, whether in paper or electronic format or

received orally, only in direct performance of this contract and for no other purpose. The Contractor and its personnel

and subcontractors shall not use or consider such information and/or data in the preparation of any offer, proposal,

bid, and/or quotation for any Government and/or non Government procurement. The Contractor and its personnel

and subcontractors shall take all steps necessary to prevent use of such information and/or data except as specifically

permitted herein. Contractor employees shall not disclose such information and/or data to persons other than United

States Department of Defense personnel and to other contractor personnel on a need-to-know basis for performance of

the contract, except as otherwise approved by the Contracting Officer in writing, and unless required by court order

or applicable law, or unless necessary to conduct a judicial or administrative inquiry.

(e) Non-Disclosure/Non-Use Agreements

(1) Before any of the Contractor’s personnel or the personnel of any tier subcontractor becomes involved in

performance of this contract, the Contractor shall obtain a non-disclosure/non-use agreement signed by that person.

The non-disclosure/non-use agreement shall state that:

(A) He/she shall disclose sensitive and/or proprietary information and/or data obtained, received, or learned by

him/her as a result of performance of this contract only to contractor personnel directly performing under this contract

and to United States Department of Defense personnel to whom disclosure of such data is required in performance of

this contract.

(B) He/she shall not disclose sensitive and/or proprietary information and/or data obtained, received, or learned as a

result of performance of this contract to anyone who prepares offers, proposals, bids, and/or quotations for

Government and/or non Government procurements.

performance of this contract only in direct performance of this contract and for no other purpose.

(D) He/she shall not use or consider sensitive and/or proprietary information and/or data obtained, received, or

learned as a result of performance of this contract in the preparation of any offer, proposal, bid, and/or quotation for

any Government and/or non Government procurement.

(2) Any access by contractor personnel or the personnel of any tier subcontractor to the Navy’s Program Budget

Information System (PBIS) requires specific authorization. Such access will only be provided when necessary for

performance of the contract’s requirements. A separate “PBIS Data Access Certificate of Nondisclosure” must be

signed and provided to the designated PBIS administrator before such access will be authorized.

Amendment Of Solicitation/modification Of Contract Page 26

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