Non-Disclosure Agreement(NDA)
A legal agreement that restricts one or both parties from disclosing confidential information shared during business discussions or performance.
Overview
A Non-Disclosure Agreement (NDA) is a contract that protects confidential information from unauthorized disclosure. In government contracting, NDAs are commonly used in teaming discussions, during proposal preparation, and when the government shares proprietary or sensitive information with contractors.
Why It Matters in GovCon
NDAs are routine in capture and proposal activities. Before sharing past performance data, pricing strategies, or technical approaches with potential teammates or subcontractors, parties often sign NDAs. Government-issued NDAs may be required when accessing classified or sensitive unclassified information.
Key Details
- Mutual vs. One-Way: Mutual NDAs protect both parties' information; one-way NDAs protect only one party's information.
- Duration: NDA terms typically extend beyond the collaboration period.
- Exclusions: Information that is publicly available or independently developed is usually excluded.
- Government NDAs: SF 312 and other forms may be used for classified or sensitive data.
Related Terms
- Teaming Agreement
- Organizational Conflict of Interest (OCI)
- Proprietary Information
- Memorandum of Understanding (MOU)
More Contracts Terms
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