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NDA & SBU Acknowledgement

Thank you for working with Pernix Group and/or its subsidiary companies. Some of our projects have unique handling requirements and require vendors, suppliers, and/or subcontractors to sign a Confidentiality and Non-Disclosure Agreement and review special Sensitive But Unclassified (SBU) Handling Requirements. To do this digitally, please review the NDA and SBU handling requirements, and then complete the NDA & SBU Acknowledgement Form.

Step 1: Review Confidentiality and Non-Disclosure Agreement

Confidentiality and Non-Disclosure Agreement

The undersigned acknowledges that Pernix Federal LLC (the “Company”) has furnished or may furnish to the undersigned (“Recipient”) certain information and/or processes that are the Company’s property and used in the course of its business. The Recipient acknowledges that this data the Company has provided or may provide is confidential. This includes, but is not limited to, financial, commercially sensitive, proprietary and other non-public, confidential materials of, or concerning, the business affairs and operations of the Company (collectively, all such data is referred to as “Confidential Information”). Confidential Information does not include, information that the Recipient can demonstrate to have (i) been known at the time of disclosure to the general public, (ii) become publicly available through means other than as a result of a breach of this Agreement, or (iii) been disclosed by a third-party who is under no duty to the Company to protect the confidentiality of the same.

Recipient agrees not to disclose the Confidential Information and not to disclose that any discussions or contacts with the Company have occurred or are intended with regard to the Confidential Information, other than as provided for in the following paragraph.

The Confidential Information is being provided to Recipient solely for the purpose of pursing a working relationship for the named project. Recipient agrees and acknowledges that disclosure of the Confidential Information will cause serious harm or damage to the Company. In particular, Recipient agrees and acknowledges that certain of the Confidential Information may be characterized as “material,  non-public  information” and that the  use  of  such  information,  or  disclosure  of  such  information  to others, in connection with the purchase and or sale of securities may be deemed a  violation of the applicable United States securities laws. Therefore, Recipient agrees that Recipient will not use the information furnished for any purpose other than as stated above and in a manner consistent with any applicable United States securities laws. Recipient further agrees that it will not either directly or indirectly by agent, employee, or representative, disclose this information, either in whole or in part,  to  any  third-party.  However,  the  Recipient  may  disclose  the  Confidential Information to those directors, officers, employees and affiliates of Recipient and to Recipient’s advisors  or  their  representatives  who  need  such access for the purpose of evaluating the Confidential Information for the  purpose  described above (it being understood that those directors, officers, employees, advisors and representatives shall be informed by Recipient of the confidential nature of such information).  The Recipient also shall direct them to treat such information confidentially and in the same manner as Recipient is obligated, and Recipient shall be responsible for their breach). The Recipient also may make disclosures to which the Company consents in writing.

Recipient acknowledges that the Company is relying on the Recipient’s compliance with this Agreement in connection with the Company’s decision to disclose the Confidential Information to Recipient.

Recipient acknowledges that monetary damages may not be a sufficient remedy for damages resulting from the unauthorized disclosure of Confidential Information and that the Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. In the event that the Company seeks injunctive relief of any provisions of this Agreement, Recipient agrees to waive and hereby does waive any requirement that the Company post a bond or any other security.

All Confidential Information is and shall remain the sole and exclusive property of the Company. Recipient agrees that, upon the written request of the Company, it will return or destroy all copies of the Confidential Information that it has received, as well as all other documents that incorporate or reflect the Confidential Information. This Agreement shall be binding upon Recipient and Recipient’s successors, assigns, heirs, executors and personal representatives and shall inure to the benefit of the Company and the Company’s successors and assigns. The obligations of the Recipient as stated herein shall be effective for a period of two (2) years from the date of execution of this agreement.

If any action at law or in equity is necessary to enforce or interpret the rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and necessary disbursements, in addition to any other relief to which it may be entitled.

This Agreement shall be construed and governed by the laws of the State of Illinois, regardless of the laws that might otherwise govern under applicable conflict of laws principles, and venue shall be in the State of Illinois. All obligations created by this Agreement shall survive change or termination of the parties’ business relationship.

Step 2: Review Sensitive But Unclassified (SBU) Handling Requirements

Sensitive But Unclassified (SBU)

Handling Requirements

Warning: The documents to be shared are property of the U.S. Government. Further reproduction and/or distribution outside the contractor team is prohibited without the express written approval of U.S. Department of State OBO, Washington DC, 20520.

Electronic Distribution (email, files & attachments): Transmission of Sensitive But Unclassified (SBU) material AND any Project Drawings via the Internet is prohibited, with exception to ProjNet and SBU and project drawings may be transmitted via ProjNet,, mail, fax, or hand-carried (must remain on person, cannot be in checked luggage) by authorized contractor personnel. SBU cannot be emailed. is a secure Government Internet FTP site, which has 2 entry points, pre-award and post-award. Pre-award requires use of a specific key, which is considered SBU. Post-award will require a username and password after training completion. account requests post-award must go through the FSO and be approved by DOS.

 Electronic storing or processing of SBU and Project Drawings overseas must be on a device that is encrypted using any product on the IT CCB list or any NIST approved product ( Only information essential to the specific deployment should remain in the equipment unless protected by hard disk encryption.

 Access: U.S. citizens, direct hires, supervisory employees are responsible for access, dissemination and release of SBU material and project documentation. Citizens of these countries are prohibited from access to any portion of the contract: Belarus; Cuba; Iran; North Korea; Peoples Republic of China, including Hong Kong; Russia; Venezuela; and Vietnam. However, SBU No Foreign Dissemination (SBU NOFORN) designates that the information cannot be shared with any person who is not a U.S. Citizen.

 Markings: SBU and project documentation relating to design and construction of diplomatic missions shall be marked with the appropriate sensitivity level (e.g. SBU, Unclassified or SBU NOFORN). This requirement is in addition to those outlined in 12FAM54C.

Reproduction & Dissemination: Government and Contractor employees may reproduce and circulate SBU material and project documents to others, including Foreign Service Nationals, to carry out official functions, if not otherwise prohibited by law, regulation, or inter-agency agreement.

Mailing: SBU material and project documents may be sent via the U.S. Postal Service or express mail services (e.g. UPS, DHL, FedEx, etc.) provided it is packaged in a way that does not disclose its contents or the fact that it is SBU. Local courier services are considered to be express mail services under the conditions of this requirement. Packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings”. Electronic media and hardcopy materials must be in separate mailing packages. Packages must be double-wrapped with both layers properly addressed and labeled; the inner package should include a tracking receipt with a description of the contents. Heavy materials should be in appropriate containers (e.g. double-walled box or manufactured mailing tubes for rolled drawings). If a package does not reach the intended recipient, it should be reported to Security immediately.

Storage: During non-working hours, SBU material and project documents shall be secured within a locked office or suite, or secured in a locked container. If the building is secured after non-working hours (and/or guarded) the SBU material and project documents do not need to be secured in that manner. However, at a minimum, the information should at least be covered up.

Disposal: All excess copies of SBU documents or project drawings, including sketches, notes, working papers, drafts, etc., must be destroyed by: burning; shredding (crosscut, cannot exceed 1/32 inch in width); pulping; melting; mutilation; chemical decomposition; or pulverizing.

Reference the Security Classification Guide for Design and Construction of Overseas Facilities May 2003 for further guidance. The contract supersedes this information. Security:

Handling Acknowledgment

Sensitive But Unclassified (“SBU”) is not a classification, it is a handling designation. SBU is a designator for information that is not authorized for public disclosure and is to be handled in a way that limits its exposure to unauthorized persons (those who do not have a need to know). The Department of State requires ALL Drawings to be treated as SBU, as well as other project files labeled as SBU.

The undersigned agrees to:

  1. Handle Sensitive But Unclassified (SBU) material and project documents in accordance with the handling requirements.
  2. Upon submission of a proposal, and/or completion of services, all SBU information and project documentation will be returned to Pernix Federal, LLC, and/or all SBU, drawings and copies thereof will be destroyed in accordance with contract requirements.

Step 3: Complete NDA & SBU Acknowledgement Form

After having reviewed the NDA and SBU Handling Requirements, please follow this link to digitally sign the NDA and acknowledge the SBU handling requirements.

CLICK HERE for the Digital NDA & SBU Acknowledgement