**Solicitation TIRNO-04-R-00009**

**Files Activity A-76**

**Technical Reference Library**

**Conditional Access to Sensitive but Unclassified Information**

**Non-disclosure Agreement**

I, [on behalf of]{.underline} , hereby consent to the terms in this
Agreement in consideration of my being granted conditional access to
certain United States Government documents or material containing
sensitive but unclassified information.

I understand and agree to the following terms and conditions:

1.  By being granted conditional access to sensitive but unclassified
    information, 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.

2.  As used in this Agreement, sensitive but unclassified information is
    any information, the loss, misuse, or unauthorized access to or
    modification of which could adversely affect the national interest
    or the conduct of Federal programs, or the privacy to which
    individuals are entitled under Title 5 U.S.C. § 552a, but which has
    not been specifically authorized under criteria estab­lished by an
    Executive Order or an Act of Congress to be kept secret in the
    interest of national defense or foreign policy.

3.  I am being granted conditional access contingent upon my execution
    of this Agreement for the sole purpose of proposal preparation
    regarding the A-76 Cost Comparison Study for Solicitation No.
    TIRNO-04-R-00009 Files Activities. I will limit access to only those
    members of my firm's proposal preparation team. This approval will
    permit me conditional access to building diagram and location data.
    This Agreement will not allow me access to materials which the
    Internal Revenue Service has predetermined, in its sole discretion,
    are inappropriate for disclosure pursuant to this Agreement. This
    may include sensitive but unclassified information provided to
    Internal Revenue Service by other agencies of the United States
    Government.

4.  I will never divulge any sensitive but unclassified information,
    which is provid­ed to me pursuant to this Agreement to anyone, unless
    I have been advised in writing by the Internal Revenue Service, that
    the individual is authorized to receive it. Should I desire to make
    use of any sensitive but unclassified information, I will do so in
    accordance with paragraph 6 of this Agreement. I will submit to the
    Internal Revenue Service for security review, prior to any
    submission for publication, any book, article, column or other
    written work for general publication that is based upon any
    knowledge I obtained during the course of my work on the A-76 Cost
    Comparison Study for Files Activities procurement in order for the
    Internal Revenue Service to ensure that no sensitive but
    unclassified information is disclosed.

5.  If I violate the terms and conditions of this Agreement, I
    understand that the unauthorized disclosure of sensitive but
    unclassified information could com­promise the security of the
    Internal Revenue Service.

6.  If I violate the terms and conditions of this Agreement, such
    violation may result in the cancellation of my conditional access to
    sensitive but unclassi­fied information. This may serve as a basis
    for denying me conditional access to Internal Revenue Service
    information, both classified and sensitive but unclassified
    information in the future. If I violate the terms and conditions of
    this Agreement, the United States may institute a civil action for
    damages or any other appropriate relief. The willful disclosure of
    informa­tion to which I have agreed therein not to divulge may
    constitute a criminal offence.

7.  Unless and until I am provided a written release by the Internal
    Revenue Service from this Agreement or any portions of it, all
    conditions and obligations contained in this Agreement apply both
    during my period of conditional access, which shall terminate at the
    conclusion of my work on the A-76 Cost Comparison Study for Files
    Activities procurement, and at all times thereafter.

8.  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.

9.  I understand that 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.

10. By granting me conditional access to information in this context,
    the United States Government does not waive any statutory or common
    law evidentiary privileges or protections that it may assert in any
    administra­tive or court proceeding to protect any sensitive but
    unclassified informa­tion to which I have been given conditional
    access under the terms of this Agreement.

11. These restrictions are consistent with and do not supersede,
    conflict with or otherwise alter the employee obligations, rights or
    liabilities created by Executive Order 12356; 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 U.S.C. 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 U.S.C. Section 783 (b)). The definition,
    requirements, obligations, rights, sanctions and liabilities created
    by said Executive Order and listed statutes are incorporated into
    this Agreement and are controlling.

12. My execution of this Agreement shall not nullify or effect in any
    manner any other secrecy or nondisclosure Agreement which I have
    executed or may execute with the United States Government.

13. I make this Agreement in good faith, without mental reservation or
    pur­pose of evasion.

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Name (Signature) Date

This Agreement was accepted by the undersigned on behalf of the Internal
Revenue Service, as a prior condition of conditional access to sensitive
but unclassified information.

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Contracting Officer Date

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