NAVY 5252.227-9207 Limited Release of Contractor Confidential Business Information Basic (Apr 2010)

This clause has not been authorized for official release. We recommend deferring to the text of the clause in your RFP or contract. 
 

(a)  Definition.

"Confidential Business Information," (Information) as used  in this clause, is defined as all forms and types of financial, business, economic or other  types of information other  than  technical data  or computer software/computer software documentation, whether tangible or intangible, and  whether or how  stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if-- (1) the owner thereof has  taken reasonable measures to keep  such  Information secret, and  (2)  the  Information derives independent economic value, actual or potential from not  being  generally known to,  and  not  being readily ascertainable through proper means by, the public. Information does not include technical data, as that term is defined in DFARS 252.227- 7013(a)(14), 252.227-70 15(a)(4), and  252.227-70 18(a)(19). Similarly, Information does not include computer software/computer software documentation, as those terms are defined in DFARS 252.227-70 14(a)(4) and  252.227-7018(a)(4).

(b) The  Space and  Naval  Warfare Systems Command (SPAWAR) may  release to individuals employed by SPAWAR  support contractors and  their  subcontractors   Information submitted by the  contractor or its subcontractors pursuant to the  provisions of this  contract.  Information that would ordinarily be entitled to confidential treatment may  be included in the  Information released to these  individuals. Accordingly, by submission of a proposal or execution of this contract, the offeror or contractor and its subcontractors consent to a limited release of its Information, but only for purposes as described in paragraph (c) of this clause.

(c) Circumstances where SPAWAR may release the contractor's or subcontractors' Information include the following:

    (1) To other SPAWAR contractors and subcontractors, and their employees tasked with assisting SPAWAR in handling  and processing Information and documents in the administration of SPAWAR contracts, such as file room management and contract closeout; and,

    (2) To SPAWAR contractors and subcontractors, and their employees tasked with assisting SPAWAR in accounting support services, including access to cost-reimbursement vouchers.

(d)  SPAWAR recognizes its obligation to protect the contractor and its subcontractors from competitive harm that could result from  the release  of such Information. SPAWAR will permit the limited  release  of Information under  paragraphs (c)(l) and (c)(2)  only under  the following conditions:

    (1) SPAWAR determines that access is required  by other SPAWAR contractors and their subcontractors to perform  the tasks described in paragraphs (c)(l) and (c)(2);

    (2) Access to Information is restricted to individuals with a bona fide need to possess;

    (3) Contractors and their subcontractors having  access  to  Information have agreed  under  their contract or a separate corporate non-disclosure agreement to provide the same  level  of protection to the Information that would be provided by SPAWAR employees.  Such contract  terms  or separate  corporate non-disclosure agreement shall  require  the contractors and subcontractors to train their employees on how to properly handle  the Information to which  they will have access,  and to have their employees sign company  non disclosure agreements certifying that they  understand the sensitive nature  of the Information and that unauthorized use of the Information could  expose  their company  to significant liability.   Copies of such employee non disclosure agreements shall be provided  to the Government;

    (4) SPAWAR contractors and their subcontractors performing the tasks described in paragraphs (c)(l) or (c)(2)  have agreed  under  their contract or a separate  non-disclosure agreement to not use the Information for any purpose other than performing the tasks described in paragraphs (c)(!) and (c)(2);  and,

    (5) Before  releasing the Information to a non-Government person  to perform  the tasks  described in paragraphs (c)(l) and (c)(2),  SPAWAR shall  provide the contractor a list of the company  names  to which access  is being granted,  along with a Point  of Contact  for those entities.

(e) SPAWAR's responsibilities under  the Freedom  oflnformation Act are not affected  by this clause.

(f) The contractor agrees  to include,  and require  inclusion  of, this clause  in all subcontracts at any tier that requires  the furnishing of Information.

(End of clause)

The contractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier that requires the furnishing of Information.

Mandatory;

52.203-16 Preventing Personal Conflicts of Interest.

252.209-7006 Limitations on Contractors Acting as Lead System Integrators.

252.209-7007 Prohibited Financial Interests for Lead System Integrators.

252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest—Major Defense Acquisition Program.

252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition Program.

1852.209-71 Limitation of Future Contracting.

1852.237-72 Access to Sensitive Information.

5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007)

5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST

5252.209-9201 Organizational Conflict of Interest (Systems Engineering)

5252.209-9202 Organizational Conflict of Interest (Specification Preparation)

5252.209-9203 Organizational Conflict of Interest (Access To Proprietary Information)

5252.209-9205 Organizational Conflict of Interest

5252.209-9206 Employment of Navy Personnel Restricted

5252.237-9603 Required Information Assurance and Personnel Security Requirements for Accessing Government Information Systems and Nonpublic Information

5252.209-9513 ORGANIZATIONAL CONFLICT OF INTEREST INSTRUCTIONS (SERVICES) (NAVAIR)

3052.209-72 Organizational Conflict of Interest.

3052.209-73 Limitation of future contracting.

3052.209-74 Limitations on Contractors Acting as Lead System Integrators

3052.209-75 Prohibited Financial Interests for Lead System Integrators

5352.209-9000 Organizational Conflict of Interest

5352.209-9001 Potential Organizational Conflict of Interest

752.209-71 Organizational conflicts of interest discovered after award.

952.209-8 Organizational conflicts of interest-disclosure.

952.209-72 Organizational conflicts of interest.

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