Common use of Access to Sensitive Information Clause in Contracts

Access to Sensitive Information. [Applicable to the extent this Agreement involves access to sensitive information] (i) As used in this part, “sensitive information” refers to information that User has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged. (ii) To assist NASA in accomplishing management activities and administrative functions, User shall provide the services specified elsewhere in this Agreement. (iii) If performing this Agreement entails access to sensitive information, as defined above, User agrees to – (A) Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this Agreement, and not to improve its own competitive position in another procurement. (B) Safeguard sensitive information coming into its possession from unauthorized use and disclosure. (C) Allow access to sensitive information only to those employees that need it to perform services under this Agreement. (D) Preclude access and disclosure of sensitive information to persons and entities outside of User’s organization. (E) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this Agreement and to safeguard it from unauthorized use and disclosure. (F) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this Agreement. (G) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to CASIS, and implement any necessary corrective actions. (iv) User will comply with all procedures and obligations specified in its Organizational Conflicts of Interest Avoidance Plan, which this Agreement incorporates as a compliance document. (v) The nature of the work on this Agreement may subject User and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts. Recognizing that this Agreement establishes a high standard of accountability and trust, the Government will carefully review User’s performance in relation to the mandates and restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive information may result in termination of this Agreement for default, or in debarment of User for serious misconduct affecting present responsibility as a government contractor. (vi) User shall include the substance of this clause, including this part (vi), suitably modified to reflect the relationship of the parties, in all subcontracts or sub- awards that may involve access to sensitive information.

Access to Sensitive Information. [Applicable to the extent this Agreement involves access to sensitive information] (i) As used in this part, “sensitive information” refers to information that User has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged. (ii) To assist NASA in accomplishing management activities and administrative functions, User shall provide the services specified elsewhere in this Agreement. (iii) If performing this Agreement entails access to sensitive information, as defined above, User agrees to – (A) Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this Agreement, and not to improve its own competitive position in another procurement. (B) Safeguard sensitive information coming into its possession from unauthorized use and disclosure. (C) Allow access to sensitive information only to those employees that need it to perform services under this Agreement. (D) Preclude access and disclosure of sensitive information to persons and entities outside of User’s organization. (E) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this Agreement and to safeguard it from unauthorized use and disclosure. (F) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this Agreement. (G) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to CASIS, and implement any necessary corrective actions. (iv) User will comply with all procedures and obligations specified in its Organizational Conflicts of Interest Avoidance Plan, which this Agreement incorporates as a compliance document. (v) The nature of the work on this Agreement may subject User and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts. Recognizing that this Agreement establishes a high standard of accountability and trust, the Government will carefully review User’s performance in relation to the mandates and restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive information may result in termination of this Agreement for default, or in debarment of User for serious misconduct affecting present responsibility as a government contractor. (vi) User shall include the substance of this clause, including this part (vi), suitably modified to reflect the relationship of the parties, in all subcontracts or sub- sub-awards that may involve access to sensitive information.

Access to Sensitive Information. [Applicable to the extent this Agreement involves access to sensitive information] (i) As used in this part, “sensitive information” refers to information that User Grantee has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged. (ii) To assist NASA in accomplishing management activities and administrative functions, User Grantee shall provide the services specified elsewhere in this Agreement. (iii) If performing this Agreement entails access to sensitive information, as defined above, User ▇▇▇▇▇▇▇ agrees to – (A) Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this Agreement, and not to improve its own competitive position in another procurement. (B) Safeguard sensitive information coming into its possession from unauthorized use and disclosure. (C) Allow access to sensitive information only to those employees that need it to perform services under this Agreement. (D) Preclude access and disclosure of sensitive information to persons and entities outside of UserGrantee’s organization. (E) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this Agreement and to safeguard it from unauthorized use and disclosure. (F) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this Agreement. (G) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to CASIS, and implement any necessary corrective actions. (iv) User Grantee will comply with all procedures and obligations specified in its Organizational Conflicts of Interest Avoidance Plan, which this Agreement incorporates as a compliance document. (v) The nature of the work on this Agreement may subject User Grantee and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts. Recognizing that this Agreement establishes a high standard of accountability and trust, the Government will carefully review User▇▇▇▇▇▇▇’s performance in relation to the mandates and restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive information may result in termination of this Agreement for default, or in debarment of User Grantee for serious misconduct affecting present responsibility as a government contractor. (vi) User Grantee shall include the substance of this clause, including this part (vi), suitably modified to reflect the relationship of the parties, in all subcontracts or sub- awards that may involve access to sensitive information.