4. DRAFT SOW.pdf

STATEMENT OF WORK

NAVAL SEA SYSTEMS COMMAND

Training and Development Services Blanket Purchase Agreement (BPA)

1.0 BACKGROUND:

NAVSEA is the largest of the Department of the Navy’s systems commands, specializing in designing, buying, building, and maintaining the Navy’s fleet. Within NAVSEA, 11 different Human Resources Offices (HRO’s) provide workforce development and training services to various portions of the Enterprise.

Within the NAVSEA HQ Corporate Operations Directorate, the NAVSEA HQ Human Resources Office (HRO, SEA10H) provides Federal human resources services to approximately 6,500 customers working at NAVSEA’s HQ and General Fund Field Activities across the country. Within the HQ HRO, the Training and Development Branch (SEA10H4) provides services, such as onboarding, training, professional development, mentoring, and workforce development programs and related strategic advising to staff at all of these locations.

Similarly, within the Naval Surface Warfare Center, Corona Division (NSWC Corona), the Training Office within NSWC Corona HRO (Code 1016) provides the same types of services to employees located at NSWC Corona Division.

Services provided by SEA10H4 and NSWC Corona Code 1016, hereafter referred to as HRO Training Offices, address development needs that are identified through our annual training needs assessment process and our organization’s strategic objectives and mission priorities. Most of our programming is intended to meet needs that present as themes across a wide proportion of our service area audience. This model results in a diverse set of participants in the classroom, coming from various parts of NAVSEA across many geographic locations, different career fields, and a variety of organizational roles and experience levels. Occasionally, our military colleagues may also join us in the classroom. Services provided for by this BPA must be appropriate for meeting the needs of this diverse audience.

2.0 SCOPE:

The HRO Training Offices are seeking contract support to design, develop, and deliver certain highly interactive, comprehensive training offerings and professional development services for Civilian employees across their customer base.

The demand for each type of service required each year will be informed by the results of an annual needs assessment process conducted by the HRO Training Offices as well as various strategic initiatives or mission priorities. Exact level of need in any given area may change from year to year, and emergent needs may arise that are not identified during the annual assessment process.

Training and professional development services sought under this BPA:

1. BPA program management (BPA task holders would be expected to conduct program management for any work performed under their Task Order (TO) to ensure tasks and deliverables are completed according to requirements, budget, and timeline)

2. Training program instructional design and development

3. Training program delivery and facilitation, in any of the following formats:

a. Classroom

b. Live virtual

c. Computer-based/on-demand

d. Blended formats incorporating two or more of the above

4. Teambuilding

5. Coaching

6. Facilitation

7. Developmental assessments

8. Training program evaluation

9. Organizational development consulting

Contractor performance under this BPA may also include, at Government request, recommending programs, strategies, and initiatives to address needs identified through the annual training needs assessment that align with NAVSEA’s mission and strategic priorities.

TOs for these services may consist of requirements for off-the-shelf and/or customized solutions to address specific training or development needs related to any of the following subject matter areas:

1. Coaching skills development

2. Cybersecurity topics

3. Data sciences, including but not limited to:

a. Data analytics

b. Data collection

c. Data management

d. Data visualization

4. Developmental assessments, including but not limited to:

a. 360-degree assessments

b. Emotional intelligence

c. Leadership styles

d. Social Styles

e. Learning styles

f. Myers-Briggs Type Indicator™

g. Personality

h. Strengths assessments

5. Employee familiarization/acculturation and onboarding

6. Federal retirement preparation

7. Leadership training, including but not limited to:

a. Leading self

b. Leading teams

c. Leading organizations

d. Other topics that align to:

i. The Executive Core Qualifications (https://www.opm.gov/policy-data-oversight/senior-executive-service/executive-core-qualifications/)

ii. The DoD Civilian Leadership Framework (https://www.dcpas.osd.mil/executiveresources/executivedevelopment/leadershipframew orks)

iii. The Department of Navy (DON) Leadership Framework (Appendix A)

8. Management and/or supervisory training, including, but not limited to topics that align with the DOD

Supervisory Training Framework (https://www.dcpas.osd.mil/learning/civilianleaderdevelopmentbroadeningother/dodmanagerialsupervisory

9. Mentoring skills

10. Microsoft (MS) Office and other office automation tools and products, including but not limited to:

a. MS Access

b. MS Excel

c. MS PowerPoint

d. MS Publisher

e. MS SharePoint

f. MS Teams

g. MS Visio

h. MS Word

11. Project and Program management, including but not limited to topic areas included in the Project Management Body of Knowledge (PMBOK)

12. Professional development topics, including but not limited to:

a. Communication

b. Conflict management

c. Emotional Intelligence

d. Learning styles

e. Presentation skills

f. Problem Solving

g. Public Speaking

h. Self-awareness

i. Team development and growth

13. Quality and production assurance and management

14. Writing skills, including but not limited to:

a. Business writing

b. Technical writing

Vendors do not need not to be able to provide services in all areas listed. Rather, the Government is interested in identifying many vendors with niche expertise in one or more areas to compete for each TO that may be issued under this BPA.

3.0 Task Area: BPA Program Management

This Task Area addresses requirements that will apply to all work performed under any TO that is issued for any other Task Areas under this BPA, to include: general administrative requirements; evaluation and continuous improvement; scheduling, cancellation, and rescheduling of events and meetings; key personnel qualifications; accessibility and security; timeframes and formats for work products; and other requirements.

3.1 Definitions

a. Contractor Program Manager: the Contractor’s staff who handles BPA oversight, BPA management, and related administrative activities.

b. Key Personnel: the Contractor’s staff who provide the services in order to meet the task areas as assigned.

3.2 General Administrative Requirements

Generally, management of a BPA TO includes, but is not limited to, overseeing key personnel, quality assurance oversight, and overseeing budget/invoices. Each Contractor awarded any orders under this BPA shall identify a Contractor Program Manager to be responsible for requirements under this task area. For every TO issued under this BPA, BPA TO holders will be expected to conduct program management for their work under that TO.

The Contractor Program Manager shall develop a work plan that outlines objectives, milestones, and timelines for delivery of requested services. If the Contractor is awarded multiple TOs under this BPA, the Contractor Program Manager is responsible for developing a work plan that tracks objectives, milestones, and delivery timelines across all services provided on all TOs. The Contractor Program Manager shall track all Key Personnel activity to ensure alignment with the work plan, timely progression of all services, and that objectives and milestones are proceeding according to the work plan. The Contractor shall consult the Contracting Officer’s Representative if the Contractor becomes aware of a request for new work or work that exceeds the approved scope of the original project prior to proceeding to ensure the work is appropriate and funding is available.

The Contractor Program Manager shall provide a written monthly status update to the Training and Development Branch on all activity under their work plan. In this update, the contactor shall include a status review on all services, communicate any issues, provide an update on TO budget, including burn rate, and determine any actions needed on the part of both parties to ensure successful contract performance.

The Contractor shall participate in ad hoc meetings as requested by the Government throughout the TO period.

If requested by the Government, the Contractor shall participate in regularly scheduled meetings with the Government and the other BPA TO holders in-person (unless otherwise approved), to foster communication, collaboration, and integrate BPA efforts amongst TO holders. In part, communication between BPA and TO holders will serve to ensure strategic alignment, awareness of each TO holder’s activities and potential impact on other work areas, and provide input into strategies for consideration.

The Contractor Program Manager is responsible for ensuring that all key personnel comply with policies outlined under this section and with all requirements under this SOW.

3.3 Evaluation and Continuous Improvement

For any service performed under this BPA, the Contractor shall propose for Government consideration various measurement opportunities and/or evaluation questions for Kirkpatrick Evaluation Model levels 1, 2, and 3 to measure the effectiveness of the service/product/ or learning activity at meeting the Government’s objectives.

Proposed measurement opportunities will inform the Government’s final evaluation plan for each training activity that is delivered. The Contractor may propose additional feedback questions they would like to ask of participants during the evaluation process.

The Government will administer course evaluations to participants during delivery of each offering of each training activity, retaining ownership of original, raw data received. A copy of the original data will be provided to the Contractor following the end of the training activity.

Within 10 business days of receiving the evaluation data from the Government for a particular training activity, the Contractor shall deliver a report outlining their analysis of the data and corresponding recommendations.

The contractor shall also provide an annual report summarizing all services rendered during each period of performance. This report shall include recommendations for improvements that can be made during possible future engagements.

Pending Government review of the Contractor’s recommendations from evaluation summary reports and annual reports, the Contractor shall adopt changes to improve the quality/effectiveness of the training solution for any future services performed under the BPA.

3.4 Scheduling of Events and Meetings

Within 30 days of the award of the TO, the Contractor shall propose a schedule of delivery dates for meetings, events, and deliverables. The Government shall consider proposed dates against the organization’s calendar and recommend adjustments as necessary. The Government reserves the right of final approval on delivery dates.

Dates proposed for delivery of training events should be based on the availability of the proposed facilitators.

To accompany proposed training event delivery dates, the Contractor shall propose at least one inclement weather backup date, in accordance with requirements specified on the TO, to be used in the event of snow or similar need to reschedule.

When scheduling training events, instructional days may not begin any earlier than 0830 EST, may not end any later than 1600 EST, unless otherwise specified by the Government. Full instructional days should include a 1-hour lunch break and at least two other proposed breaks during the day.

3.5 Cancellations, and Rescheduling of Work

3.5.1 Government Closure due to Inclement Weather or Lapse in Appropriations

In case of a Government closure due to inclement weather or a lapse in appropriations, Contractors may continue normal operations for the preparation of upcoming training, meetings, or other work if it is possible to do so without involvement of or communication from the Government.

If the Government closes offices due to weather or a lapse in appropriations on a training or scheduled facilitated event/meeting day, the engagement will be rescheduled to occur on a scheduled and planned-for inclement weather day in the case of a training program, and on a rescheduled date in the case of a facilitated event or meeting. If the Government reopens on a day when training, meetings, or other events are scheduled, the Contractor shall report for the regularly scheduled training, meeting, or event and conduct activities as planned unless otherwise notified by the Government.

3.5.2 Key Personnel Cancelation and/or Replacement

a. Day-of/No-show: The Contractor Program Manager shall contact the Government to inform them of cancelation. The Government will not reimburse for lost key personnel time. The Contractor shall be reimbursed for preparation time, if applicable, but preparation time cannot be invoiced a second time in advance of the rescheduled meeting. The Contractor Program Manager shall work with the Government Point of Contact to reschedule, if applicable.

b. In advance: The Contractor Program Manager shall contact the Government to inform them of the cancelation. The Government will not reimburse for lost key personnel time. The Contractor Program Manager will provide alternative facilitator/consultant options, where applicable, to the Government for selection. The Contractor shall be reimbursed for time the new facilitator/consultant spent on the project.

3.6 Key Personnel Qualifications and Experience

The Contractor shall ensure that the services performed under this BPA are rendered by experienced and qualified facilitators, consultants, and coaches. Proposals shall include resumes for proposed facilitators, consultants, and coaches for each TO issued under the BPA.

Training facilitators shall be certified to deliver the course they will be teaching, when applicable, and shall have experience in the subject matter. Where applicable, the Government may consider sufficient experience as a substitute for certification to deliver the course.

Coaches shall be certified to provide individual and/or group coaching services Assessments shall be administered and debriefed only by personnel who are certified to administer those assessments, as applicable All other services shall be administered by personnel with a track record of successful performance in delivering services of a similar nature and scope

3.7 Accessibility of Training and Professional Development Materials and Content

The Statement of Work for this solicitation contemplates work that will be subject to the requirements of the Section 508 Amendment of the Rehabilitation Act of 1973. Accordingly, proposals shall consider and address as applicable the technical standards issued by the US Access Board at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards.

All training materials and classroom delivery of services outlined in this SOW must comply with accessibility standards under Section 508.

3.8 Security and Information Systems Requirements

Unless otherwise specified by the Government, the Contractor shall utilize a contractor-owned laptop for delivery of any training content and materials during training events. The Contractor shall ensure timely and compliant completion and submission of all necessary procedures or paperwork to approve vetting and access for any personnel or equipment entering NAVSEA facilities for delivery of any in-person training or events.

The instructor(s) will communicate with the Training and Development Branch point of contact(s) (POC) provided prior to the scheduled in-person activities to arrange for appropriate escort onto Navy Installations or into secured buildings/spaces to perform duties. The Contract Program Manager is responsible for ensuring coordination with the Training and Development Branch POC(s) for escort requirements for each day of a scheduled activity. Contractor personnel supporting this contract will comply with any direction provided by the Government regarding physical security.

The instructors will communicate with the Training and Development Branch POCs provided prior to any scheduled hybrid or virtual training activities to arrange for appropriate access to any systems or platforms that will be used to support online participation.

For in-person classroom delivery, the Contractor shall arrive prepared with any needed adaptors to connect their contractor-provided laptop/devices to in-room video equipment. The Contractor shall also provide pointer or wireless presentation remote if needed. Note that Contractors may not be permitted to access the NAVSEA wireless internet network and must therefore be prepared with local copies of any web-based content planned for class, or, make the Government technical POC aware of any unique requirements so that we can collaborate on an appropriate IT solution well in advance of class.

3.9 Deliverables

At Government request, the Contractor shall provide the Government the opportunity to preview and request adjustments to all proposed training materials and instructional design approaches for any training activity in the form of an overview meeting and/or dry-run.

All deliverable documents, course materials, and other written products shall be provided in electronic form, in a Microsoft Office product (Word, Excel, PowerPoint, or other) or Adobe PDF format, as determined by the Government for each product.

Listed below are some general standard deliverables that the Contractor can anticipate are likely to be included within any given TO under this BPA. Performance work statements for each TO will outline the specific deliverables required for that Task and may deviate from the list below.

Number Delivery

Timeframe Description of Deliverable

01 No later than 20 business days prior to the start of the first offering of a training activity

Proposed evaluation strategy for the training activity. At a minimum, the Contractor shall propose sample measurement opportunities (e.g., evaluation questions or similar) at Kirkpatrick Evaluation Model levels 1, 2 and 3.

02 No later than 10 business days prior to the start of the first offering of a training activity

One administrative copy for the HRO Training Office of the course materials to be used in delivery, including:

The course overview and course description The facilitator guide or course outline Any pre-work or homework and corresponding instructions The participant guide Any handouts or worksheets Any slides or visual aids Samples of any reports or assessments to be used

03 (For activities to be delivered virtually) No later than five business days prior to the start of each offering

(for training activities to be delivered in person) Materials should be either delivered to the Government no later than five business days prior to the start of each offering, or, the Contractor shall bring materials with them on the date of class

Participant materials to be used in delivery of the training activity.

The Contractor shall provide sufficient copies of all materials for every registered participant to receive their own copy.

The Contractor shall provide all materials necessary to conduct training or events, to include participant manuals, worksheets, handouts, slide decks, name tents, or any other materials necessary for successful delivery of each event.

04 No later than 10 business days following receipt of evaluation data from the Government

Training Evaluation Report, including summary of responses, analysis and interpretation of results, and recommendations

05 No later than 10 business days following the end of the last offering of the/each period of performance

Annual Report, outlining services provided, improvements made over the course of the year, and final recommendations

4.0 Task Area: Training Program Design and Development

4.1 Instructional Design Approaches

Work conducted under this task area will be directed toward continuing existing and developing new training and development programs for NAVSEA employees. The Contractor shall assist the Training and Development Branch in designing and developing training curricula and/or course content, leveraging industry standard instructional design models such as ADDIE (Analysis, Design, Development, Implementation, and Evaluation) and/or SAM (Successive Approximation Model). Content and methods shall be informed by needs identified through the annual needs assessment process and emergent requirements identified by the Training and Development Branch or its customers.

Training content may include the use of assessment tools and involve providing feedback to participants on assessment results on the part of the Contractor. Training facilitators and the Contractor Program Manager, may be required to share concerns/themes identified during training with the Training and Development Branch and other BPA TO holders, when applicable and appropriate.

As requested by the Government for a particular TO, the Contractor shall propose and execute strategies for engaging the supervisors of training program participants in support of learning transfer to performance when back on the job. The objectives of proposed strategies should include ensuring supervisors have an understanding of the goals and content of the training and methods for how they can support and reinforce participant learning during and subsequent to the course. Approaches may include, but are not limited to, companion training, targeted communications, round table sessions, or supervisor-as-coach activities.

4.1 Instructional Design Requirements

For any training solutions designed or developed under this BPA, the Contractor shall meet the requirements outlined in this section in addition to any additional requirements included within the specific TO’s Statement of Work.

The Contractor shall develop an instructional design, facilitation plan, and course outline that:

Supports any facilitator in executing delivery of that training event Provides an overview of content, talking points, instructional activities, and major concepts to be covered during each module of the course or program Indicates any proposed pre-work or homework participants would need to complete and the appropriate deadlines for each Indicates how various instructional activities and modules connect back to the identified learning objectives Incorporates a variety of creative strategies and instructional techniques for ensuring participant engagement that are appropriate for the delivery format. (For virtual or hybrid (simultaneous in-classroom and virtual) delivery, strategies must be appropriate for the Microsoft Teams environment or other platform indicated by the Government).

Incorporates strategies for ensuring transfer of learning back on the job Indicates the recommended instructional schedule for the course, to include :

o Total amount of instructional time and number of class days o Class start time, anticipated breaks to include lunch, and class end time, which must incorporate:

A minimum of 10 minutes at the end of the training activity for the purpose of administering course evaluation(s), to be conducted by the Government

A minimum of 30 minutes at the beginning of the training activity for the purpose of conducting administrative opening remarks such as safety procedures, attendance policies, or virtual training platform overview, to be conducted by the Government

Outlines logistical requirements for the physical or virtual training space, to include:

o Recommended table/seating arrangements o Required flip chart or whiteboard setup

Needs for any breakout rooms, to include at what times, how many rooms are required, and for what number of participants

The Government may request changes to instructional design and/or training course content based on evaluation results and/or changing development needs.

5.0 Task Area: Training Program Delivery

5.1 General Requirements

The Contractor shall ensure training is provided in a suitable format for the delivery method to be used (e.g. in-person classroom, live virtual, or hybrid training), to include appropriate instructional approaches and engagement strategies.

At Government request, the Contractor shall provide the Government the opportunity to preview and request adjustments to all proposed training materials and instructional approaches in the form of an overview and/or dry-run of the course.

5.2 Course Announcement/Marketing and Course Administration

The Government shall provide for administrative course management support leading up to, during, and immediately following delivery of each offering of this course. This support will include:

Marketing and advertising the course to potential participants Coordinating registration Collecting necessary participant information

Communicating basic course details to participants Arranging for logistics such as classroom space reservations or Microsoft Teams meeting setup

In support of these processes, all training solutions to be delivered under this BPA, whether an off-the-shelf or custom developed product, must include a course description and overview or other materials that would be appropriate for use in advertising/marketing the course to potential participants.

5.2 Delivery Location and Platforms for Training Events

Live, in-person delivery of classroom or hybrid training or other events will occur at an on-site training location to be determined and provided by the Government.

Unless otherwise specified by the Government, Contractors shall utilize Microsoft Teams as platform for virtual or hybrid training. Facilitator(s) and any other Contractor personnel supporting delivery of the training activity shall be familiar with how to navigate the virtual training platform, with the Government providing support only for any NAVSEA-specific settings or features within the tool. Any training needed for facilitator(s) or other Contractor personnel supporting delivery of the training activity on the virtual training platform will be provided by the Contractor. The Government will conduct a test of the virtual training platform with Vendor prior to start of course at an agreed upon time.

At a minimum, Contractor personnel supporting this contract will need to know how to perform the following functions in Microsoft Teams (or other platform as appropriate):

Accessing Microsoft Teams meetings Adjusting/managing settings for personal microphones or audio-in devices and camera Accessing channels Communicating with both individual students and/or the collective participant group using Chat Screen sharing, to include playing system audio for video content Advancing slides and starting/stopping any audio/visual content Monitor attendance and the participant list Starting new meetings from channels

5.3 Facilitator Responsibilities during Training Event Delivery

Facilitator(s) and any other Contractor personnel supporting delivery of a training activity must arrive to the in-person classroom location, or login to the virtual training environment as applicable, no later than 30 minutes prior to the start time of the course.

Facilitator(s) and any other Contractor personnel supporting delivery of a training activity are responsible for running any processes required in the classroom in order to execute the instructional design of the course. For example, this might include facilitating small group activities in a physical classroom or monitoring participant chat activity in the virtual environment. The Government will not provide staff support for these activities.

5.4 Participant Pre-work or Homework

If participants will need to complete any pre-work or homework for a training event, these materials and any corresponding instructions will be provided to the Government no later than 10 business days prior to the start of the first offering unless otherwise specified by the Government. The Contractor shall coordinate with the Government in advance of this deadline regarding how pre-work or homework materials and instructions will be provided to participants.

5.5 Course Materials

The contractor shall provide all course materials, to include hard or soft-copy participant manuals, worksheets, handouts, slide decks, name tents, job aids, or any other materials necessary for successful delivery of the course.

For virtual delivery, the Contractor shall provide participant materials in the form of a fillable PDF that is designed to be used electronically, without the need to print the materials. The Contractor may propose a different format which the Government may approve.

For in-person delivery, the Contractor shall provide sufficient hard copies of all materials for every registered participant to receive their own copy. The Contractor may propose a different format (such as electronic materials) which the Government may approve.

6.0 Task Area: Coaching Services

6.1 General Requirements

In the context of this BPA, coaching refers to coaching for teams and/or one-on-one-guidance for employees, supervisors, and teams to assist with meeting short-term and long-term goals for professional individual and/or team development. Goals may include, but are not limited to, reorganizations, transition management, individual and organizational performance, and interpersonal skills development.

Coaches shall develop and provide their coaching clients with a customized coaching plan tied to established goals for use during the engagement. The Government will determine the number of hours and structure of the coaching engagement as appropriate to support identified needs/requirements. The Government may consider recommendations from the Contractor as to the number of hours or structure appropriate for a particular coaching engagement.

To continue to evaluate the effectiveness of coaching engagements, at the end of each coaching engagement, the Government will conduct an evaluation to collect feedback from coaches, employees, and their supervisors.

7.0 Task Area: Facilitation and Teambuilding Services

Facilitation and teambuilding services will be directed toward addressing identified development needs by conducting retreats, providing meeting facilitation and support, and designing and implementing teambuilding activities. Facilitation and teambuilding services will focus on specific mission-relevant needs related to transition management, organizational and business improvement efforts, enhancement of individual and organizational performance, human capital management efforts, and strategic initiatives.

Facilitation and teambuilding services may include, but are not limited to: meeting the customer to discuss needs and recommend approaches; drafting facilitator and participant agendas; providing informal coaching to participants; and facilitating and ensuring successful run of meetings, activities, and retreats. The Contractor shall meet with the client to recommend approaches, develop agendas, and implement the approach selected.

Facilitation services may include a unique delivery, support of a series, ongoing support, and/or support for major initiatives within the organization.

8.0 Task Area: Developmental Assessments

When needed to support identified individual or team training or workforce development needs, the Contractor shall recommend and administer appropriate developmental and/or climate assessments. Assessments may be conducted as a standalone service, or, may be conducted in conjunction with work performed in other Tasks Areas (such as during the delivery of a training program or to supplement/complement coaching or consulting services). Assessments delivered under this task area would be directed toward enhancing individual or organizational capability through the identification and measurement of various developmental areas; these services should not be used to evaluate employee performance or be used to address identified performance concerns.

Developmental assessment services may include but are not limited to: meeting with the customer to determine needs and recommend assessments that will provide the best data to inform setting goals and objectives to address those needs; administering the appropriate assessment(s) to identified participant(s); compiling and analyzing the results of administered assessment(s); assisting the customer in interpreting the results of the assessment(s) taken; meeting with the customer to identify possible next steps or actions that could be taken based on the results of the assessment.

The following is a non-exhaustive list of examples of possible developmental assessments that could be requested under this task area:

Myers-Briggs Type Indicator (and related assessments) DiSC assessment Social Styles Emotional Intelligence assessments The Leadership Challenge inventory Strength Finders Various 360-degree developmental feedback assessments Climate Assessments

9.0 Task Area: Organizational Development Consulting

Organizational development consulting services will be directed toward needs identified by senior leaders across the HQ HRO service area and will focus on evaluation, technical assistance, business process redesign, strategic planning and transition management, and supporting the success of human capital and organization development initiatives.

Organizational development consulting services may include, but are not limited to (1) clarifying and assisting in the refinement of the organization’s goals and needs; (2) conducting gap analyses between the existing organizational state and the desired state; (3) securing management commitment; (4) developing individual and organizational timelines for implementation; (5) creating buy in; (6) executing and/or supporting implementation; and (7) developing an innovative forward-thinking organization.

10.0 Rights in Technical Data

10.1 Definitions. As used in this clause-

(1) "Commercial item" does not include commercial computer software.

(2) "Covered Government support Contractor" means a Contractor (other than a litigation support Contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the Contractor-

(i) Is not affiliated with the prime Contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime Contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and

(ii) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

(3) "Form, fit, and function data" means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.

(4) The term "item" includes components or processes.

(5) "Technical data" means recorded information, regardless of the form or method of recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

10.2 License.

(1) The Government shall have the unrestricted right to use, modify, reproduce, release, perform, display, or disclose technical data, and to permit others to do so, that-

(i) Have been provided to the Government or others without restrictions on use, modification, reproduction, release, or further disclosure other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party;

(ii) Are form, fit, and function data;

(iii) Are a correction or change to technical data furnished to the Contractor by the Government;

(iv) Are necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data); or

(v) Have been provided to the Government under a prior contract or licensing agreement through which the Government has acquired the rights to use, modify, reproduce, release, perform, display, or disclose the data without restrictions.

(2) Except as provided in paragraph (b)(1) of this clause, the Government may use, modify, reproduce, release, perform, display, or disclose technical data within the Government only. The Government shall not-

(i) Use the technical data to manufacture additional quantities of the commercial items; or

(ii) Release, perform, display, disclose, or authorize use of the technical data outside the Government without the Contractor's written permission unless a release, disclosure, or permitted use is necessary for emergency repair or overhaul of the commercial items furnished under this contract, or for performance of work by covered Government support contractors.

(3) The Contractor acknowledges that-

(i) Technical data covered by paragraph (b)(2) of this clause are authorized to be released or disclosed to covered Government support Contractors;

(ii) The Contractor will be notified of such release or disclosure;

(iii) The Contractor (or the party asserting restrictions as identified in a restrictive legend) may require each such covered Government support Contractor to enter into a non-disclosure agreement directly with the Contractor (or the party asserting restrictions) regarding the covered Government support Contractor's use of such data, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for a non-disclosure agreement; and

(iv) Any such non-disclosure agreement shall address the restrictions on the covered Government support

Contractor's use of the data as set forth in the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. The non-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosure agreement.

10.3 Additional license rights.

The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose technical data. However, if the Government desires to obtain additional rights in technical data, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights. All technical data in which the Contractor has granted the Government additional rights shall be listed or described in a special license agreement made part of this contract. The license shall enumerate the additional rights granted the Government in such data.

10.4 Release from liability.

The Contractor agrees that the Government, and other persons to whom the Government may have released or disclosed technical data delivered or otherwise furnished under this contract, shall have no liability for any release or disclosure of technical data that are not marked to indicate that such data are licensed data subject to use, modification, reproduction, release, performance, display, or disclosure restrictions.

10.5 Applicability to subcontractors or suppliers.

(1) The Contractor shall recognize and protect the rights afforded its subcontractors and suppliers under 10 U.S.C. 2320 and 10 U.S.C. 2321.

(2) Whenever any technical data related to commercial items developed in any part at private expense will be obtained from a subcontractor or supplier for delivery to the Government under this contract, the Contractor shall use this same clause in the subcontract or other contractual instrument, including subcontracts and other contractual instruments for commercial items, and require its subcontractors or suppliers to do so, without alteration, except to identify the parties. This clause will govern the technical data pertaining to any portion of a commercial item that was developed exclusively at private expense, and the clause at 252.227-7013 will govern the technical data pertaining to any portion of a commercial item that was developed in any part at Government expense.

11.0 Government Furnished Facilities and Information

11.1 Government Furnished Training Facility

For all in-person classroom training events, the Government will provide a training facility that comfortably accommodates the required number of participants for that event, as well as the facilitator(s). Unless otherwise specified within a given TO, the facility will include the following:

• Seating for participants set in small table groups, layout of which can be adjusted based on contractor recommendations

• A projector and other necessary A/V equipment for showing slides or other course materials

• A white board and/or flip chart paper with easels and appropriate markers

11.2 Government Furnished Evaluation Data

The Government will provide the Contractor with a copy of the evaluation data received from participants within five business days of the end of each training event by way of an email to the primary Contractor point of contact. This evaluation data will either be in the form of a raw data file/Excel spreadsheet containing responses from electronic course evaluations, or, if the evaluation is administered using paper copies, the Government will provide a scanned PDF copy of the originals.

ADDITIONAL INFORMATION

A. PERIOD OF PERFORMANCE / REQUIRED DELIVERY DATES

TBD

B. PLACE OF PERFORMANCE

TBD

C. SHIPPING ADDRESS

TBD

D. INSPECTION AND ACCEPTANCE

TBD

E. TECHNICAL POINT OF CONTACT

TBD