22Q0231_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0016422Q0231 01-Aug-2022

b. TELEPHONE NUMBER

812-854-4045

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 16 Aug 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001649. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KELLY L KAPANZHI

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

K. KAPANZHI (812-854-4045)

BLDG 3373

300 HWY 361

CRANE IN 47522-5001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-S1

CODE15. DELIVER TO CODE N00164 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL SURFACE WARFARE CENTER CRANE DIV

M/F: BLAKE MARTINDALE (BLDG 2)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

TEL: 812-854-4267 FAX:

FAX:

TEL: 812-854-4045 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

561611

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF55

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SAP - SAP Continuation Sheet

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A CDRL 3 01-AUG-2022

ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

0001 Digital Fingerprinting

500 Each

Vendor will provide digital fingerprinting services in accordance with incorporated Statement of Work and while utilizing FBI-approved hardware and SWFT program. This requirement has a period of performance of one year, and covers UP TO 500 fingerprint scans per year (estimated range between 350-500). The selected vendor will invoice monthly and also submit a monthly report of service details (see SoW section 5.1).

This is a FAR 13 requirement to which the government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation requirements is determined to be the most advantageous to the Government based on best value, price, and other factors considered. The following factors shall be used to evaluate offers with no relative order of importance: price, technical capability, delivery, and past performance.

PSC: R615

FOB: Destination

FFP

0002 Digital Fingerprinting

OPTION Vendor will provide digital fingerprinting services in accordance with incorporated Statement of Work and while utilizing FBI-approved hardware and SWFT program. This requirement has a period of performance of one year, and covers UP TO 500 fingerprint scans per year (estimated range between 350-500). The selected vendor will invoice monthly and also submit a monthly report of service details (see SoW section 5.1).

This is a FAR 13 requirement to which the government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation requirements is determined to be the most advantageous to the Government based on best value, price, and other factors considered. The following factors shall be used to evaluate offers with no relative order of importance: price, technical

0003 Digital Fingerprinting

OPTION Vendor will provide digital fingerprinting services in accordance with incorporated Statement of Work and while utilizing FBI-approved hardware and SWFT program. This requirement has a period of performance of one year, and covers UP TO 500 fingerprint scans per year (estimated range between 350-500). The selected vendor will invoice monthly and also submit a monthly report of service details (see SoW section 5.1).

This is a FAR 13 requirement to which the government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation requirements is determined to be the most advantageous to the Government based on best value, price, and other factors considered. The following factors shall be used to evaluate offers with no relative order of importance: price, technical

0004 CDRL 001

12 Months

Monthly status report in accordance with Statement of Work section 5.0

0005 CDRL 001

OPTION Monthly status report in accordance with Statement of Work section 5.0

0006 CDRL 001

OPTION Monthly status report in accordance with Statement of Work section 5.0

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-NOV-2022 TO

19-NOV-2023

N/A NAVAL SURFACE WARFARE CENTER

CRANE DIV

M/F: BLAKE MARTINDALE (BLDG 2)

BLDG 41 SE CENTRAL RECEIVING

300 HWY 361

CRANE IN 47522-5001

812-854-4267

N00164

0002 POP 20-NOV-2023 TO

19-NOV-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 20-NOV-2024 TO

19-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 20-NOV-2022 TO

19-NOV-2023

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 20-NOV-2023 TO

19-NOV-2024

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 20-NOV-2024 TO

19-NOV-2025

N/A (SAME AS PREVIOUS LOCATION)

STATEMENT OF WORK

STATEMENT OF

WORK FOR

NAVAL SURFACE WARFARE CENTER - CRANE DIVISION (NSWC-CRANE)

FINGERPRINTING SERVICE

1.0 SCOPE

The scope of this effort is to facilitate digital fingerprinting services for up to 500 scans annually, including fingerprinting and file transmission. The requirement is for a base period of 12 months with two (2) option periods of 12 months each to follow. The requested service represents the minimum requirements of the government.

There will be no labor cost associated with this work, as it is a flat fee per applicant set of fingerprints collected and transmitted. The Investigative Service Provider for Security Eligibility background investigations requires fingerprints to be exclusively digital, and only acceptable as transmitted via the Secure Web Fingerprint Transmission (SWFT) application.

NSWC CRANE, as part of the security requirements for employment, requires perspective employees and interns to submit electronic fingerprints using the Defense Counterintelligence and Security Agency (DCSA) approved Secured Web Fingerprint Transmission (SWFT) to support their background investigation. This Statement of Work (SOW) specifies Contractor requirements to provide live scan fingerprinting and file transmission.

2.1 APPLICABLE DOCUMENTS

2.2 Military Specifications: None

2.3 Military Standards: None

2.4 Other Documents:

(a) Secured Web Fingerprint Transmission (SWFT) Standards

(b) Office of Personnel Management (OPM) Standards.

(c) ISO 9001:2015, Quality Management System dated 21 Sept 2015

3.1 REQUIREMENTS

The Contractor shall have and maintain a quality system that meets the intent of ISO 9001:2015 with Federal permissible purpose to submit fingerprints through the Federal Bureau of Investigation (FBI) to DCSA.

3.2 Fingerprinting Services

The Contractor shall, using SOW paragraphs 2.4(a) and 2.4(b) for guidance, provide electronic fingerprint for submission to the FBI and to the DCSA and its successors by collecting fingerprints in the required format to meet SWFT and DCSA standards. The Contractor shall provide a live scan fingerprinting solution that includes all equipment (i.e., hardware, software/firmware, facilities, personnel, services, security, support, and all other expenses) required in producing safe and secure electronic fingerprinting applicant services. The Contractor shall support nationwide (including United States territories) SWFT fingerprinting at existing Contractor locations for up to 500 personnel annually, averaging 40 scans per month throughout the period of performance. The Contractor shall submit fingerprints using the Defense Counterintelligence and Security Agency (DCSA) approved Secured Web Fingerprint Transmission (SWFT), for prospective new-hires who are geographically dispersed around the United States and its territories. Live scan fingerprinting shall allow NSWC CRANE to receive the electronic fingerprint file in the required format to meet SWFT requirements.

The Contractor shall have a current and valid designation as an FBI Approved Channeler for Fingerprint collection and submission.

3.2.1 The Contractor shall coordinate with the following NSWC CRANE Security Office technical points of contact to perform this work.

Blake Martindale/Derek Duncan NSWC CRANE Code 105 Email: blake.a.martindale.civ@us.navy.mil / nikolas.d.duncan3.civ@us.navy.mil

3.3 Travel

None

3.4 Material Purchases

3.5 Status Reporting (CDRL A001)

The Contractor shall report status on a monthly basis. See SOW paragraph 5.0 for further details on reporting deliverable requirements.

4.0 Government Furnished Property (GFP)

5.0 DATA DELIVERABLES

Data deliverables shall be provided in accordance with the attached Contract Data Requirements List (CDRL) (DD Form 1423). A report of the data deliverables shall be provided on a Monthly basis, via email, to the technical points of contact listed in SOW paragraph 3.1.1.

6.0 PERIOD OF PERFORMANCE

The base period of performance shall be from award of the order through 12 months after award. The order will contain two (2) option periods of 12 months each that may be exercised solely at the discretion of the Government.

7.1 SECURITY

This requirement is UNCLASSIFIED. The Contractor shall not require access to nor be required to generate classified information to perform the requirement.

RELEASE OF INFORMATION

7.1.1 Release of information shall be in accordance with Section I, DFARS Clause 252.204-7000, Disclosure of Information.

7.1.2 All technical data provided to the Contractor by the Government shall be protected from public disclosure in accordance with the markings contained thereon. All other information relating to the items to be delivered or services to be performed under this contract may not be disclosed by any means without prior approval of the appropriate NSWC CRANE authority. Dissemination or public disclosure includes, but is not limited to, permitting access to such information by foreign nationals or by any other person or entity; publication of technical or scientific papers; advertising; or any other proposed public release. The Contractor shall provide adequate physical protection to such information to preclude access by any person or entity not authorized such access by the Government.

7.2 Controlled Unclassified Information (CUI)

Controlled unclassified information (CUI) is official information that requires the application of controls and protective measures for a variety of reasons and has not been approved for public release, to include technical information, proprietary data, information requiring protection under the Privacy Act of 1974, and Government-developed privileged information involving the award of contracts. CUI is a categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 13526, but is (a) pertinent to the national interest of the United States or to the important interests of entities outside the Federal Government, and (b) under law or policy requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination. CUI must be marked, controlled and safeguarded in accordance with DoDI 5200.48 Controlled Unclassified Information (CUI), March 6, 2020.

N0016422Q0231

7.3 For Official use Only (FOUO)

FOUO is a document designation, not a classification. This designation is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material, which although unclassified, disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the Freedom of Information Act (FOIA). This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974, as amended. FOUO must be marked, controlled and safeguarded in accordance with DoDM 5200.01, Vol. 4, DoD Information Security Program: Controlled Unclassified Information (CUI), February 24, 2012

7.4 Security of Unclassified DoD Information on Non-DoD Information Systems (DoDI 8582.01) DoD Policy

7.4.1 Adequate security shall be provided for all unclassified DoD information on non-DoD information systems. Appropriate requirements shall be incorporated into all contracts, grants, and other legal agreements with non-DoD entities. Information Safeguards are applicable to unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems, to the extent provided by the applicable contract, grant, or other legal agreement with the DoD.

7.4.2 Information Safeguards. Unclassified DoD information that has not been cleared for public release may be disseminated by the Contractor, grantee, or awardee to the extent required to further the contract, grant, or agreement objectives, provided that the information is disseminated within the scope of assigned duties and with a clear expectation that confidentiality will be preserved.

Examples include:

7.4.2.1 Non-public information provided to a Contractor (e.g., with a request for proposal).

7.4.2.2 Information developed during the course of a contract, grant, or other legal agreement (e.g., draft documents, reports, or briefings and deliverables).

7.4.2.3 Privileged information contained in transactions (e.g., privileged contract information, program schedules, contract-related event tracking).

7.4.3 It is recognized that adequate security will vary depending on the nature and sensitivity of the information on any given non-DoD information system. However, all unclassified DoD information in the possession or control of non- DoD entities on non-DoD information systems shall minimally be safeguarded as follows:

7.4.3.1 Do not process unclassified DoD information on publically available computers (e.g., those available for use by the general public in kiosks or hotel business centers).

7.4.3.2 Protect unclassified DoD information by at least one physical or electronic barrier (e.g., locked container or room, logical authentication or logon procedure) when not under direct individual control of an authorized user.

7.4.3.3 At a minimum, overwrite media that have been used to process unclassified DoD information before external release or disposal.

7.4.3.4 Encrypt all information that has been identified as CUI when it is stored on mobile computing devices such as laptops and personal digital assistants, compact disks, or authorized removable storage media such as thumb drives and compact disks, using the best encryption technology available to the Contractor or teaming partner.

7.4.3.5 Limit transfer of unclassified DoD information to subcontractors or teaming partners with a need to know and obtain a commitment from them to protect the information they receive to at least the same level of protection as that specified in the contract or other written agreement

7.4.3.6 Transmit e-mail, text messages, and similar communications containing unclassified DoD information using technology and processes that provide the best level of privacy available, given facilities, conditions, and environment. Examples of recommended technologies or processes include closed networks, virtual private networks, public key-enabled encryption, and transport layer security.

7.4.3.7 Encrypt organizational wireless connections and use encrypted wireless connections where available when traveling. If encrypted wireless is not available, encrypt document files (e.g., spreadsheet and word processing files), using at least application-provided password protected level encryption.

7.4.3.8 Transmit voice and fax transmissions only when there is a reasonable assurance that access is limited to authorized recipients.

7.4.3.9 Do not post unclassified DoD information to website pages that are publicly available or have access limited only by domain or Internet protocol restriction. Such information may be posted to website pages that control access by user identification and password, user certificates, or other technical means and provide protection via use of transport layer security or other equivalent technologies during transmission. Access control may be provided by the intranet (vice the website itself or the application it hosts).

7.4.3.10 Provide protection against computer network intrusions and data exfiltration, minimally including:

7.4.3.11 Current and regularly updated malware protection services, e.g., anti-virus, anti-spyware.

7.4.3.12 Monitoring and control of both inbound and outbound network traffic (e.g., at the external boundary, sub-networks, individual hosts), including blocking unauthorized ingress, egress, and exfiltration through technologies such as firewalls and router policies, intrusion prevention or detection services, and host-based security services. Prompt application of security-relevant software patches, service packs, and hot fixes.

7.4.3.13 Comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, Critical Program Information (CPI), personally identifiable information, export controlled) as specified in contracts, grants, and other legal agreements.

7.4.3.14 Report loss or unauthorized disclosure of unclassified DoD information in accordance with contract, grant, or other legal agreement requirements and mechanisms.

7.4.3.15 Do not use external IT services (e.g., e-mail, content hosting, database, document processing) unless they provide at least the same level of protection as that specified in the contract or other written agreement.

7.5 Operations Security

7.5.1 Operations Security (OPSEC) is concerned with the protection of critical information: facts about intentions, capabilities, operations, or activities that are needed by adversaries or competitors to bring about failure or unacceptable consequences of mission accomplishment.

7.5.2 Critical information includes information regarding:

a. Operations, missions, and exercises, test schedules or locations;

b. Location/movement of sensitive information, equipment, or facilities;

c. Force structure and readiness (e.g., recall rosters);

d. Capabilities, vulnerabilities, limitations, security weaknesses;

e. Intrusions/attacks of DoD networks or information systems;

f. Network (and system) user identifications and passwords;

g. Movements of key personnel or visitors (itineraries, agendas, etc.); and

h. Security classification of equipment, systems, operations, etc.

7.5.3 The Contractor, subcontractors and their personnel shall employ the following countermeasures to mitigate the susceptibility of critical information to exploitation, when applicable:

a. Practice OPSEC and facilitate OPSEC awareness;

b. Immediately retrieve documents from printers assessable by the public;

c. Shred sensitive and Controlled Unclassified Information (CUI) documents when no longer needed;

d. Protect information from personnel without a need-to-know;

e. When promulgating information, limit details to that essential for legitimacy;

f. During testing and evaluation, practice OPSEC methodologies of staging out of sight, desensitization, or speed of execution, whenever possible.

8.0 DISTRIBUTION LIMITATION STATEMENT

9.0 GOVERNMENT CONTRACTOR RELATIONSHIP

9.1 The services to be delivered under this Order are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the order between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations.

9.2 All Contractor, Subcontractor, and consultant personnel shall wear prominently displayed identification badges at all times when performing work on NSWC CRANE property or attending meetings in the performance of this Order. The badge shall contain the individual's name, the company name and logo. When participating in such meetings (e.g., as a speaker, panel member), those individuals in Contractor employ must supplement physical identification (e.g., badges, place markers) with verbal announcements so that it is clear to the assembled group that they are employees of the Contractor, not NSWC CRANE employees. In addition, when working on NSWC CRANE property, all Contractor, Subcontractor, and consultant personnel shall have signs visible on their desks or at their work sites that clearly state they are not NSWC CRANE employees.

9.3 The Contractor is responsible for supervision of all Contractor personnel assigned to this order. The Contractor shall exercise ultimate control over all aspects of Contractor personnel day-to-day work under this order including the assignment of work, means and manner of Contractor employee performance and the amount of Contractor supervision provided. The Contractor shall be ultimately responsible for all aspects of performance under this order including the work of its Contractor personnel. Contractor personnel under this order shall not:

9.3.1 Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

9.3.2 Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other NSWC CRANE contracts, or become a part of the Government organization.

9.3.3 Be used in administration or supervision of Government procurement activities.

9.3.4 Have access to proprietary information belonging to another without the express written permission of the owner of that proprietary information.

9.4 Employee Relationship:

9.4.1 The services to be performed under this Order do not require the Contractor or its personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

9.4.2 Rules, regulations, directives and requirements that are issued by the U. S. Navy and NSWC CRANE under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

9.5 Inapplicability of Employee Benefits: This order does not create an employer-employee relationship.

Accordingly, entitlements and benefits applicable to such relationships do not apply.

9.5.1 Payments by the Government under this order are not subject to the Federal income tax withholdings.

9.5.2 Payments by the Government under this order are not subject to the Federal Insurance

Contributions Act.

9.5.3 The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance of this order.

9.5.4 The Contractor is not entitled to worker’s compensation benefits by virtue of this order.

9.5.5 The entire consideration and benefits to the Contractor for performance of this order are contained in the provisions for payment under this contract.

Notice. It is the Contractor's, as well as, the Government's responsibility to monitor order activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated.

1) The Contractor should notify the Contracting Officer in writing promptly, within three (3) calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature, and circumstances of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance.

2) The Contracting Officer will promptly, within five (5) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

a. Confirm the conduct is in violation and when necessary direct the mode of further performance,

b. Countermand any communication regarded as a violation

c. Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or

d. In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date.

SPECIFICATIONS

Minimum Requirements for Access to Controlled Unclassified Information (CUI): Prior to access contractor personnel requiring access to DON controlled unclassified information (CUI) or "user level access to DON or DoD networks and information systems system security and network defense systems or to system resources providing visual access and/or ability to input delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information" contractors must have clearance eligibility or submit an Electronic Questionnaire for Investigation Processing (SF 86) to NSWC CRANE Security for processing and subsequent adjudication by the DOD Consolidated Adjudications Facility.

Minimum Protection Requirements for Controlled Unclassified Information: Security classification guides (OPNAVINST 5513 series) and unclassified limited documents (e.g. FOUO Distribution Statement Controlled) are not authorized for public release and therefore cannot be posted on a publicly accessible webserver or transmitted over the Internet unless appropriately encrypted.

Controlled Unclassified Information (CUI): Controlled unclassified information (CUI) is official information that requires the application of controls and protective measures for a variety of reasons and has not been approved for public release to include technical information proprietary data information requiring protection under the Privacy

Act of 1974 and Government-developed privileged information involving the award of contracts. CUI is a categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 13526 but is (a) pertinent to the national interest of the United States or to the important interests of entities outside the Federal Government and (b) under law or policy requires protection from unauthorized disclosure special handling safeguards or prescribed limits on exchange or dissemination.

For Official Use Only (FOUO) is a document designation not a classification. This designation is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material which, although unclassified, disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the FOIA. This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974 as amended. FOUO must be marked controlled and safeguarded in accordance with DoD 5200.01 Vol. 4 DoD Information Security Program: Controlled Unclassified Information (CUI) February 24 2012

Security of Unclassified DoD Information on Non-DoD Information Systems (DoD 8582.01)

DoD policy: adequate security be provided for all unclassified DoD information on non-DoD information systems. Appropriate requirements shall be incorporated into all contracts grants and other legal agreements with non-DoD entities.

Information Safeguards are applicable to unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems to the extent provided by the applicable contract grant or other legal agreement with the DoD.

Information Safeguards

Unclassified DoD information that has not been cleared for public release may be disseminated by the contractor grantee or awardee to the extent required to further the contract grant or agreement objectives provided that the information is disseminated within the scope of assigned duties and with a clear expectation that confidentiality will be preserved. Examples include:

a. Non-public information provided to a contractor (e.g. with a request for proposal)

b. Information developed during the course of a contract grant or other legal agreement (e.g. draft documents reports or briefings and deliverables)

c. Privileged information contained in transactions (e.g. privileged contract information program schedules contract-related event tracking)

It is recognized that adequate security will vary depending on the nature and sensitivity of the information on any given non-DoD information system. However all unclassified DoD information in the possession or control of non- DoD entities on non-DoD information systems shall minimally be safeguarded as follows:

a. Do not process unclassified DoD information on publically available computers (e.g. those available for use by the general public in kiosks or hotel business centers)

b. Protect unclassified DoD information by at least one physical or electronic barrier (e.g. locked container or room logical authentication or logon procedure) when not under direct individual control of an authorized user.

c. At a minimum, overwrite media that have been used to process unclassified DoD information before external release or disposal.

d. Encrypt all information that has been identified as CUI when it is stored on mobile computing devices such as laptops and personal digital assistants compact disks or authorized removable storage media such as thumb drives and compact disks using the best encryption technology available to the contractor or teaming partner.

e. Limit transfer of unclassified DoD information to subcontractors or teaming partners with a need to know and obtain a commitment from them to protect the information they receive to at least the same level of protection as that specified in the contract or other written agreement.

f. Transmit e-mail text messages and similar communications containing unclassified DoD information using technology and processes that provide the best level of privacy available given facilities conditions and environment.

g. Examples of recommended technologies or processes include closed networks virtual private networks public key-enabled encryption and transport layer security (TLS)

h. Encrypt organizational wireless connections and use encrypted wireless connections where available when traveling. If encrypted wireless is not available encrypt document files (e.g. spreadsheet and word processing files) using at least application-provided password protected level encryption.

i. Transmit voice and fax transmissions only when there is a reasonable assurance that access is limited to authorized recipients.

j. Do not post unclassified DoD information to website pages that are publicly available or have access limited only by domain or Internet protocol restriction. Such information may be posted to website pages that control access by user identification and password user certificates or other technical means and provide protection via use of TLS or other equivalent technologies during transmission. Access control may be provided by the intranet (vice the website itself or the application it hosts).

k. Provide protection against computer network intrusions and data exfiltration minimally including:

i. Current and regularly updated malware protection services e.g. anti-virus anti-spyware.

ii. Monitoring and control of both inbound and outbound network traffic (e.g. at the external boundary sub- networks individual hosts) including blocking unauthorized ingress egress and exfiltration through technologies such as firewalls and router policies intrusion prevention or detection services and host-based security services.

iii. Prompt application of security-relevant software patches service packs and hot fixes.

iv. Comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g. medical proprietary critical program information (CPI), personally identifiable information, export controlled) as specified in contracts grants and other legal agreements.

v. Report loss or unauthorized disclosure of unclassified DoD information in accordance with contract grant or other legal agreement requirements and mechanisms.

vi. Do not use external IT services (e.g. e-mail content hosting database document processing) unless they provide at least the same level of protection as that specified in the contract or other written agreement.

Operations Security

Operations Security (OPSEC) is concerned with the protection of critical information: facts about intentions capabilities operations or activities that are needed by adversaries or competitors to bring about failure or unacceptable consequences of mission accomplishment.

Critical information includes information regarding:

a. Operations missions and exercises test schedules or locations;

b. Location/movement of sensitive information equipment or facilities;

c. Force structure and readiness (e.g. recall rosters);

d. Capabilities vulnerabilities limitations security weaknesses;

e. Intrusions/attacks of DoD networks or information systems;

f. Network (and system) user IDs and passwords;

g. Movements of key personnel or visitors (itineraries agendas etc.); and

h. Security classification of equipment systems operations etc.

The contractor subcontractors and their personnel shall employ the following countermeasures to mitigate the susceptibility of critical information to exploitation when applicable:

a. Practice OPSEC and facilitate OPSEC awareness;

b. Immediately retrieve documents from printers assessable by the public;

c. Shred sensitive and Controlled Unclassified Information (CUI) documents when no longer needed;

d. Protect information from personnel without a need-to-know;

e. When promulgating information limit details to that essential for legitimacy;

f. During testing and evaluation practice OPSEC methodologies of staging out of sight desensitization or speed of execution whenever possible.

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JUL 2021

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise,…