Tab 10 - Appendix D - Non-Disclosure Provisons

United States Department of the Air Force

Air Force Civil Engineer Center
Installations Directorate

(AFCEC/CI)

Enhanced Use Leasing Project
Davis-Monthan Air Force Base, AZ

Request for Lease Proposals (RFLP)
Appendix D
Non-Disclosure Provisions

RFLP No. AFCEC-26-R-0003

Request for Lease Proposals No. AFCEC-26-R-0003
Davis-Monthan AFB, AZ
Appendix D

APPENDIX D

NON-DISCLOSURE PROVISIONS

NON-DISCLOSURE OF PROPRIETARY INFORMATION

During the source selection process and the administration phases of the Enhanced Use Lease Project, it may be necessary for the Government to be furnished proprietary information from Potential Lessees. With respect to such information, it is agreed as follows: 1.
“Proprietary Information” shall include, but not be limited to, performance, sales, financial, contractual and special marketing information, ideas, technical data and concepts originated by the disclosing Potential Lessee, not previously published or otherwise disclosed to the general public, not previously available without restriction to others, nor normally furnished to others without compensation, and which the Potential Lessee desires to protect against unrestricted disclosure or competitive use, and which is furnished pursuant to the RFLP and appropriately identified as being proprietary when furnished.
2.
In order for proprietary information disclosed by a Potential Lessee to be protected in accordance with these Non-Disclosure provisions, it must be: (a) in writing; (b) clearly identified as proprietary information at the time of its disclosure by each page thereof being marked with an appropriate legend indicating that the information is deemed proprietary by the disclosing party; and (c) delivered with a letter of transmittal to a “Receiving Party” identified in Paragraph 4 below. Where the “Proprietary Information” has not been or cannot be reduced to written form at the time of disclosure and such disclosure is made orally and with prior assertion of proprietary rights therein, such orally disclosed proprietary information shall only be protected in accordance with these Non-Disclosure provisions provided that complete written summaries of all proprietary aspects of any such oral disclosures shall have been delivered to the individuals identified in Paragraph 4 below, within 20 calendar days of said oral disclosures. Neither party shall identify information as proprietary that is not in good faith believed to be confidential, privileged, a trade