1331L518R13OS0001_PWS_Nasatka_-_Delta_-_Arm_Barrier_Maintence.pdf

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES ATTACHMENT 1

PERFORMANCE WORK STATEMENT – BARRIER MAINTENANCE

1331L518R13OS0001

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PERFORMANCE WORK STATEMENT:

NO. 1331L518R13OS0001

VEHICLE BARRICADES PREVENTIVE MAINTENANCE

AND

REACTIVE REPAIR SERVICES

FOR

OFFICE OF SECURITY

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1.0 Contract Overview

This is a non-personal services contract. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in this contract.

2.0 Background

2.0.1. The mission of the U.S. Department of Commerce (Department) is to help

American businesses thrive, creating jobs here at home while being competitive abroad. Our programs touch the daily lives of the American people in many ways, with a wide range of responsibilities in the areas of trade, economic development, technology, entrepreneurship and business development, environmental stewardship, and statistical research and analysis.

2.0.2. The Office of Security (OSY) is located in the Department of Commerce

(Department) Headquarters in the Herbert Clark Hoover Building (HCHB) in

Washington, D.C., and provides policies, programs and oversight as it collaborates with:

Facility managers to mitigate the terrorism risks to Department facilities;

Program managers to mitigate the espionage risks to Department facilities; and

Department and bureau leadership to increase emergency preparedness for Department operations.

2.0.3. The objective is to maintain a secure environment in which citizens and

Government employees can conduct business with confidence. One of these core business activities include leading the Physical Security effort, which includes an elaborate vehicle drive lane barrier system to protect the personnel and resources at the

HCHB.

2.0.4. The HCHB was designed in 1928 by the prominent New York architectural firm of

York & Sawyer. Built as part of the Federal Triangle Development, the Commerce

Building was completed in 1932 and is covered under the National Historic Preservation

Act of 1966. In total there are more than 3,300 rooms and 1,092,800 square feet of office space. This federal office building is owned by the General Services

Administration (GSA) and is currently undergoing renovation.

2.0.5. System Configuration: The Department has installed a vehicle barrier system consisting of 12 Nasatka barriers, 2 Delta Scientific wedge barriers with associated drop

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3 | P a g e arms, and a master barrier control system that is to be installed and configured in the near future within the DOC Security Operations Center (SOC).

2.1 Objective

2.1.1. The Government intends to award a 12-month Base with four option years. The contract type contemplated is a Hybrid firm fixed price contract with provisions for other direct costs for materials for Preventative, Reactive and Emergency Reactive Vehicle

Barrier Maintenance for 12 Nasatka systems located at each drive lane entrance to the

DOC HCHB Facility, 2 Delta Scientific Wedge Barrier Systems and associated wooden drop arms, which supplement the Nasatka systems on drive lane’s 5 and 6, and the master barrier control system for all 16 barrier devices located in the DOC Security

Operations Center. The master barrier control system enables security to assume operational control of the entire barrier system to include opening and closing as well as emergency operational synchronization to close all barriers simultaneously from the

Security Operations Center with the intent of providing enhanced protection for HCHB personnel and resources.

2.1.2. The Contractor shall provide services to accomplish the tasks they have been awarded, which are further described in the sections of this Performance Work

Statement. The Contractor’s personnel shall work independently within the scope of the contract to provide assistance to the OSY in maintaining the quality and integrity of the physical security program at HCHB and respond to vehicle barrier issues per the requirements of the department customers.

3.0 Requirement

3.1. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform this requirement.

3.2. The Contractor shall monitor performance in accordance with an approved Quality

Control Plan (QCP). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they will ensure work complies with the requirements of the contract.

The QCP should be submitted with the contract proposal and must be approved by the

Contracting Officer’s Representative (COR). If adjustments are needed for approval, the resubmittal of the QCP shall be due no later than the close of business on the 5th business day of the contract.

3.3. The Contractor shall at all times maintain an adequate workforce capable of performing maintenance on Nasatka Barriers, Delta Scientific Wedge Barriers with

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4 | P a g e associated drop arms, and local and remote control panels thereof for the uninterrupted performance of all tasks defined within this PWS for scheduled twice monthly preventive maintenance, reactive maintenance during business hours, and emergency reactive maintenance as necessary. When hiring personnel, the Contractor shall consider the stability and continuity of the workforce are essential.

3.4. Personnel

3.4.1. All personnel selected to perform on this effort are subject to Government suitability. In no case will the contractor submit personnel as part of an initial response, when it is not the true intent for that individual to perform on the subsequent award of this requirement. The contractor shall strive to maintain the same team throughout the period of performance on this contract. The contractor shall keep its workforce trained, proficient and knowledgeable about industry/Government best practices and methodologies. The contractor shall provide resumes of all potential candidates to the

Government COR in advance of any personnel decisions. The Government will retain the right of refusal for any person determined incapable of performing duties in accordance with Contract requirements. The contractor must receive written approval from the COR prior to assigning personnel to this contract.

3.5. Key Personnel

3.5.1. All personnel assigned to this contract will be considered key personnel.

3.5.2. Barrier Technician personnel assigned to this contract shall be factory certified for

Nasatka and Delta Scientific barrier maintenance and have at least 3 years of proven related experience on Nasatka barriers, Delta Scientific wedge barriers to include associated drop arms, associated local and remote control panels, and other applicable subsystems and system hardware/software configurations as identified in the PWS.

Must be capable of trouble shooting complex devices, systems and network issues and must have experience to solve malfunctions with a wide variety of barriers and associated devices to include trouble shooting systems that are synchronized with traffic lights.

3.5.3. All key personnel shall be capable of managing projects/tasks without technical supervision.

3.6. Personal Identity Verification of Contractor Personnel

3.6.1. Employment Eligibility Verification (E-Verify) - The Contractor shall use the E-

Verify System administered by the Department of Homeland Security, U.S. Citizenship

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5 | P a g e and Immigration Services to verify that all of the Contractor’s new hires and all of the employees (existing and new) directly performing work under Federal contracts are authorized to work in the United States according to Federal Acquisition Regulation

(FAR) Subpart 22.18.

3.6.2. The Contractor shall comply with ordering activity personal identity verification procedures identified in the contract that implement HSPD-12, Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards

Publication (FIPS PUB) Number 201.

3.6.3. The Position Designation Level for this contract is as follows:

3.6.3.1. The Barrier Technician Position Designation Level for this contract is Moderate

Risk. Therefore, the background investigation requirement for Contractor personnel shall be that of a Tier 2 with position sensitivity as a 5C or 5N.

3.6.4. The Contractor may be required to have access to live data and/or sensitive information and resources during performance of this contract. Therefore, authorized access to such information will require the Contractor to sign a Nondisclosure

Agreement (NDA), see Technical Exhibit 1.

3.7. Contractor U.S. Citizenship Requirements

3.7.1. Contractors are hereby placed on notice that work on some orders, especially those requiring site visits to some U.S. Government locations or work on some

Government Furnished Property, may require Contractor personnel performing the work to have U.S. citizenship and to be able to provide proof of that citizenship. This shall be provided at no cost to the Government.

3.8. Identification Requirements

3.8.1. All Contractor personnel shall be clearly identified by display of a valid badge provided by the Government. As determined by the COR, the badge may serve as a card to allow access to controlled areas. Contractor personnel must return promptly to the COR any badge upon request of the Government, termination of employment with the Contractor, expiration of the badge, or expiration of the contract. The Contractor shall bear the cost of any lost or damaged badge. The cost shall be the amount generally charged by the Government to other personnel at the time when the loss is reported.

3.9. Standards of Conduct

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3.9.1. The Contractor and all contract personnel shall follow all Federal and

Department Rules of Conduct. Firearms, smoking, alcoholic beverages, illegal drugs, fighting, horseplay, and cursing on Department property by Contractor personnel are not allowed; shall not be tolerated; and could result in the individual or individuals being expelled from the site indefinitely.

3.10. Codes and Regulations

3.10.1. The Contractor will comply with Department facility codes, the National Electrical

Code and COR directives when providing preventative maintenance to or installing new components to the vehicle barrier systems or related components. The contractor shall comply with applicable safety policies/procedures.

3.11. Physical Condition

3.11.1. The technician must be in good overall physical condition and should at a minimum be able to complete the following tasks:

3.11.1.1. Lift 45 pounds from the ground to waist level.

3.11.1.2. Work outdoors and under conditions typical of construction sites, loading docks and warehouses.

3.11.1.3. Maintain a neat and professional appearance.

3.12. Security

3.12.1. Sensitive Information Storage and Disclosure

3.12.1.1. Sensitive-But-Unclassified (SBU) information, data, and/or equipment will only be disclosed to authorized personnel with a need-to-know. The Contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment shall be returned to the Government. The Government will determine the disposition of such information, data, and/or equipment. If the Government determines that such information, data, and/or equipment is to be destroyed, the destruction shall be accomplished by burning; shredding or any other method that precludes the reconstruction of the material but only after direction by the Government.

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3.12.2. Privacy or Security Safeguards

3.12.2.1. The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this contract. The Contractor shall also protect all Government data, equipment, etc. by treating the information as sensitive. It is anticipated that this information will be gathered, created and stored within the primary work location. If Contractor personnel must remove any information from the primary work area they shall protect it to the same extent they would their proprietary data and/or company trade secrets. The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

3.12.2.2. The Contractor shall not publish or disclose in any manner, without the

Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the

Government.

3.12.2.3. To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government property and data, the Contractor shall afford the Government access to the

Contractor's facilities, installations, technical capabilities, operations, documentation, records and databases.

3.12.3. Confidentiality and Nondisclosure

3.12.3.1. All documents produced for this project are the property of the U.S.

Government and cannot be reproduced, or retained by the Contractor. All appropriate project documentation will be given to the Department during and at the end of this contract. The Contractor shall not release any information without the written consent of the Contracting Officer (CO). Any request for information relating to the contract presented to the Contractor must be submitted to the CO for approval by the customer agency for a response.

3.12.3.2. The Contractor is subject to the following provision relating to the protection and nondisclosure of proprietary and other confidential business information:

3.12.3.2.1. Confidential information, as used in this clause means (1) information or data of a personal nature, proprietary about an individual or (2) information or data submitted by or pertaining to an institution or organization, provided that such

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8 | P a g e information in (1) and (2) does not include information which is, or which becomes, public or information which becomes known to the Contractor on a non-confidential basis from a third party source.

3.12.3.2.2. If it is established that information to be utilized under this Contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 522a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

3.12.4. Confidential information, as defined in 3.14.3.2.1. and 3.14.3.2.2. above, shall not be disclosed without the prior written consent of the OSY COR.

3.12.5. Whenever the Contractor is uncertain regarding the proper handling of material under the Contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the CO prior to any release, disclosure, dissemination, or publication. Notwithstanding the above, information which is required to be disclosed by law or legal process shall not be included as confidential information.

3.13. Emergencies

3.13.1. While in Department facilities, or other government facilities on the

Department's behalf and as part of this contract, the Contractor shall comply with posted evacuation procedures and instructions provided by security and emergency management personnel.

3.14. Performance

3.14.1. The Contractor must be ready to perform upon award of the contract.

Therefore, as soon as possible after contract award, the Contractor is required to familiarize its organization and workforce with the current physical structure, staffing, equipment and procedures.

3.14.2. The Contractor shall be available to meet to discuss levels of performance, proficiency and training, problems and issues, and any other issues relating to the scope of this procurement action. Periodic meetings shall be held on a day and time mutually agreed upon by the Contractor and the COR.

3.15. Technical Oversight and Performance Acceptance

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3.15.1. Technical oversight and performance acceptance shall be made by the following designated COR:

TBD Security Specialist

U.S. Department of Commerce, Office of Security

1401 Constitution Avenue, NW, Room 1508

Washington, D.C. 20230

Phone: TBD

Email: TBD

3.16. Section 508 – Accessibility Compliance

3.16.1. All Electronic and Information Technology (EIT), as defined at FAR 2.101, supplied under this contract, must conform to the Architectural and Transportation

Barriers Compliance Board Electronic and Information Technology Accessibility

Standards (36 CFR Part 1194).

The Contractor shall have readily available a comprehensive list of all offered EIT products (supplies and services) that fully comply with Section 508 of the Rehabilitation

Act of 1973, per the 1998 Amendments, and the Architectural and Transportation

Barriers Compliance Board’s Electronic and Information Technology Accessibility

Standards at 36 CFR 1194. The Contractor shall also identify the technical standards applicable to all products proposed. Additionally, the Contractor shall clearly indicate where this list with full details of compliance can be found (e.g., vendors or other exact web page location). The Contractor shall ensure that the list is easily accessible by typical users beginning at time of award. At time of award, the list provided by the

Contractor shall be included as an attachment.

The Contractor shall ensure that all EIT products that are less than fully compliant are offered pursuant to extensive market research, which ensures that they are the most compliant products available to satisfy the solicitation’s requirements.

If any such EIT product proposed is not fully compliant with all of the standards, the

Contractor shall specify each specific standard that is not met; provide a detailed description as to how the EIT product does not comply with the identified standard(s);

and shall also indicate the degree of compliance.

Full details demonstration compliance with Section 508 requirements shall be provided as a separate attachment to the technical proposal. This information will be made a part of any resulting award.

4.0 Place of Performance

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4.1. The Contractor shall perform all activities at the following location:

U.S. Department of Commerce Headquarters

Herbert C. Hoover Building (HCHB)

1401 Constitution Avenue, N.W.

Washington, DC 20230

5.0 Period of Performance

The total period of performance with all options exercised is for 12 Months with 4, 12 month options.

Base Period: 1 August, 2018 through 31 July, 2019 Option 1: 1 August, 2019 through 31 July, 2020 Option 2: 1 August, 2020 through 31 July, 2021 Option 3: 1 August, 2021 through 31 July, 2022 Option 4: 1 August, 2022 through 31 July, 2023

6.0 Hours of Operation

6.1. Under this contract, the Contractor is responsible for conducting twice monthly preventative maintenance on all vehicle barrier systems on-site to include 12 Nasatka barriers, 2 Delta Scientific wedge barriers and associated wooden drop arms, and all local and remote barrier control panel systems located within the drive lane guard booths as well as the Security Operations Center. All preventative maintenance work for this effort will be conducted between the hours of 07:00 A.M. and 6:00 P.M. Monday through Friday except for holidays. Reactive Maintenance requests will be scheduled as necessary during normal business hours 7 A.M. – 6:00 P.M. Monday through Friday, and it is expected that Reactive Maintenance Requests will be responded to within 4 hours during normal business hours. Emergency Reactive Maintenance requests will be made on an as needed basis outside of business hours, and it is expected that

Emergency Reactive Maintenance Requests will be responded to within 4 hours.

6.2. Scheduling shall be coordinated with the COR.

7.0 Government Furnished Resources

7.1. The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. The Contractor shall not use

Government Furnished Property or Facilities, Equipment or Information for any purposes other than official Government business as performed under this contract.

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7.2. All property furnished by the Government under this contract will remain the property of the Government.

7.3. Any property furnished by the Government to fulfill contracted requirements, which is lost or damaged resulting from improper use or negligence by the Contractor's employees, will be repaired or replaced by the Government and the cost of such repairs or replacement shall be deducted from the Contractor's invoice.

7.4. The Contractor or the Contractor’s employees shall not use government property in any manner for any personal advantage, business gain, or other personal endeavor.

8.0 Identification of Contractor Employees

8.1. All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

9.0 Conflicts of Interest

9.1. Contractor and subcontract personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the CO immediately whenever he/she becomes aware that such access or participation may result in any actual or potential OCI, and may merit the submittal of a plan to the CO to avoid or mitigate any such OCI.

This mitigation plan would be determined to be acceptable solely at the discretion of the CO. In the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may employ other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

10.0 Data Rights

10.1. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source code of any software produced under this contract, shall be Government owned and the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the

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Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

11.0 Applicable Publications (Current Editions)

☒ No publications are applicable for this contract.

☐ The following list of publications is applicable to this contract:

12.0 Reports and Deliverables

12.1. Kick-off Meeting: Within ten days of the contract award, a kickoff meeting will be held to include the contactor and the Government.

12.2. Within five (5) days of the contract award, the Contractor shall provide to the Government:

A preventative maintenance plan that addresses all vehicle barriers located at

HCHB

Reactive and emergency reactive contact information as well as a plan for addressing reactive and emergency reactive vehicle barrier maintenance issues

The Government will have five (5) business days to review the plans and provide comments to the Contractor. The Contractor will then have five (5) business days to submit the final plans to the Government. Technical Exhibit 2.

12.3. Preventative, Reactive, and Emergency Reactive Maintenance Reports should be provided to the COR no more than 48 hours following twice monthly scheduled maintenance or reactive maintenance calls during normal business hours or emergency reactive maintenance calls. Technical Exhibit 2.

12.4. A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services). Technical Exhibit 2.

1) Name and address of the contractor.

2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission).

3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

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5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice.

9) Electronic Funds Transfer (EFT) banking information.

i) The contractor must include EFT banking information on the invoice only if required by agency procedures.

ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-32, Payment by Electronic Funds Transfer-Other Than System For Award Management), or applicable agency procedures.

iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

10) Any other information or documentation required by the contract (e.g., evidence of shipment).

Provide signed original invoice and one copy or email one copy to:

NIST Accounts Payable Office

Bldg. 101, Room A-836 MS 1621

100 Bureau Drive

Gaithersburg, MD 20899

Telephone: (301) 975-2261

Fax: (301) 975-8283

Email: invoice@nist.gov mailto:invoice@nist.gov

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Inquiries regarding payment of invoices should be telephoned or emailed to NIST, (301)

975-2261, invoice@nist.gov; respectively. If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the Order, or for damage in transit or otherwise, the invoice will be rejected and returned to the

Contractor, starting the 30-day period over. Contractor will clearly mark the final invoice with the legend “FINAL INVOICE”. Technical Exhibit 2.

13.0 Technical Exhibit List

Technical Exhibit 1 – Nondisclosure Agreement

Technical Exhibit 2 – Deliverables Schedule mailto:invoice@nist.gov

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TECHNICAL EXHIBIT 1

NONDISCLOSURE AGREEMENT

I, _______________________________________, an individual official, employee, consultant, or subcontractor of or to _____________________ (the Authorized Entity), intending to be legally bound, hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain information, specified below, that is owned by, produced by, or in the possession of the United States Government.

As used in this Agreement, sensitive but unclassified information is an over-arching term that covers any information, which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of the information to which I am granted access as cited in this Agreement and in accordance with the guidance provided to me relative to the specific category of information.

I understand and agree to the following terms and conditions of my access to the information indicated above:

1. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of information to which I have been provided conditional access, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures.

2. By being granted conditional access to the information indicated above, the

United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to the specific categories of information to which I am granted access.

3. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/or directives applicable to the specific categories of information to which I am granted access. I understand that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement.

4. I will not disclose or release any information provided to me pursuant to this

Agreement without proper authority or authorization. Should situations arise that

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16 | P a g e warrant the disclosure or release of such information I will do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbally relayed to me by the proper authority.

5. I hereby agree that material which I have in my possession and containing information covered by this Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or directives applicable to the specific categories of information. I agree that I shall return all information to which I have had access or which is in my possession 1) upon demand by an authorized individual; and/or 2) upon the conclusion of my duties, association, or support to DOC; and/or 3) upon the determination that my official duties do not require further access to such information.

6. I hereby agree that I will not alter or remove markings, which indicate a category of information or require specific handling instructions, from any material I may come in contact with, unless such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information. I agree that if I use information from a sensitive document or other medium, I will carry forward any markings or other required restrictions to derivative products, and will protect them in the same matter as the original.

7. I hereby agree that I shall promptly report to the appropriate official, any loss, theft, misuse, misplacement, unauthorized disclosure, or other security violation, I have knowledge of and whether or not I am personally involved. I also understand that my anonymity will be kept to the extent possible when reporting security violations.

8. If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to the information covered by this Agreement. This may serve as a basis for denying me conditional access to other types of information.

9. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of the information not consistent with the terms of this Agreement.

10. This Agreement is made and intended for the benefit of the United States

Government and may be enforced by the United States Government or the Authorized Entity. By granting me conditional access to information in this context, the United States Government and, with respect to PCII, the Authorized Entity, may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that if I violate the terms

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17 | P a g e and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and neither the United States Government nor the Authorized Entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any sensitive information to which I have been given conditional access under the terms of this Agreement.

11. Unless and until I am released in writing by an authorized representative of the

U.S. Department of Commerce, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time that I am granted conditional access, and at all times thereafter.

12. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions shall remain in full force and effect.

13. My execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure Agreement which I have executed or may execute with the United States Government or any of its departments or agencies.

14. These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);

the Intelligence Identities Protection Act of 1982 (50 USC 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive Order and listed statutes are incorporated into this agreement and are controlling.

15. Signing this Agreement does not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law.

16. I represent and warrant that I have the authority to enter into this Agreement.

17. I will take all reasonable precautions to prevent the unauthorized disclosure and use of such information, and will immediately report any such unauthorized disclosure to the cognizant Government CO and/or Contractor contractual representative.

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES ATTACHMENT 1

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NONDISCLOSURE AGREEMENT

Acknowledgement

I hereby certify that I have read this nondisclosure agreement and I am familiar with the directives and policies governing the disclosure of procurement sensitive information (FAR

3.104 – Procurement Integrity). I will fully and completely observe these directives and will not disclose such information to any unauthorized person, or use any information obtained for private use or gain at any time, including subsequent to the performance of duties under contract number .

Typed/Printed Name

Government/Department/Agency/Business Address

Telephone Number

Email address

I make this Agreement in good faith, without mental reservation or purpose of evasion.

Signature

WITNESS:

Typed/Printed Name

Government/Department/Agency/Business Address

Telephone Number

Signature

DEPARTMENT OF COMMERCE ENTERPRISE SERVICES ATTACHMENT 1

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TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

Deliverable Frequency # of Copies Medium/Format Submit To

Plans for conducting preventative maintenance on all DOC HCHB vehicle barriers twice monthly to include specific maintenance services that will be performed (12.2)

Within 5 days from the start of contract

1 copy submitted electronically by email

MS Office or PDF formats

COR

Reactive Maintenance during Normal Business Hours, and Emergency Reactive Maintenance Contact Information as well as a plan for addressing reactive and emergency reactive maintenance and repairs to DOC HCHB vehicle barriers (12.2)

Within 5 days from the start of the contract

1 copy submitted

Preventative, Reactive, and Emergency Reactive Maintenance Reports (12.3)

48 hours following maintenance

1 copy submitted

Invoicing (12.4) Following the completion of each month at the discretion of the Contractor

Follow format outlined in section 12.4 of the Performance Work Statement

Follow format outlined in section 12.4 of the Performance Work Statement

NIST

According to format in section 12.4 of the Performance Work Statement