A02.13 Purchase Description Waterborne Trade-Deep Draft Vessel Svc Data dated 2025.05.08.docx

PURCHASE DESCRIPTION

Waterborne Trade & Deep-Draft Vessel Service Data & Information Incorporating Geographic\AIS (Automatic Identification System) Tracking of Vessel Movements for Waterborne Transport Services Serving the United States to Inform Economic & Engineering Evaluations of Federally-Sponsored Waterway Systems under Stewardship of the U.S. Army Corps of Engineers (USACE)

Introduction

This purchase description (PD) provides background and description of specifications for data and information needed by U.S. Army Corps of Engineers (USACE) for the evaluation of waterborne transport services and supporting waterway systems crucial to foreign trade and domestic economies of the United States. USACE is a Federal agency within the Department of Defense (DoD) tasked with administration and technical support of the Federally-sponsored waterborne navigation mission on a nationwide basis as part of its civil works function. Correspondingly, USACE is the primary Federal agency that provides engineering and technical support for development, operation and maintenance of the nation’s waterways and collaboratively works with other Federal authorities including the United States Coast Guard (USCG) and others to formally enforce or uphold jurisdiction and stewardship of the nation’s navigable waterways where or to the extent considered by Congress to be in the national interest.

Organizational elements within USACE which have direct need for acquisition and application of subject data include the Waterborne Commerce Statistics Center (IWR-WCSC, located in New Orleans, Louisiana) of the Institute for Water Resources (IWR), and the primary or capital-region office of IWR (IWR-WRC, located in Alexandria, Virginia). Subject data and information is also collaboratively shared with and used by District-level waterborne navigation project analysts specific to individual project or waterway system improvement studies and evaluations.

IWR-WCSC serves as the primary USACE activity for the primary intake, compilation and processing of waterborne commerce data for USACE. IWR-WRC additionally gathers, processes, refines and analyzes maritime data and information for direct application to waterway project and program evaluations in support of the USACE civil works program for waterborne navigation. Data and information assembled by IWR-WCSC and IWR-WRC are employed in the engineering and economic evaluations of Federally sponsored waterway channel system improvements for deep-draft coastal harbors and approach channels in addition to intracoastal and internal or inland waterway(s) systems. Such improvements include placement of new general navigation features (GNFs) such as channels or vessel maneuvering areas and enhancements to existing features. Enhancements may include deepening and enlargement of transit channels and vessel maneuvering areas to accommodate evolving changes and operational requirements for vessel fleet physical characteristics and fleet service regime driven by trade combined with demand and economies of operation for supporting waterborne transport services.

In the same contexts of evaluations for new GNFs or related periodic enhancements or improvements, subject data and information is routinely employed to inform USACE programmatic decisions for management of operation(s) and maintenance (O&M) within the framework of both agency policy directives and budgetary or fiscal resource constraints of the agency’s waterborne navigation mission and program. Part of the information essential to waterway system evaluations includes the specifications of vessels using Federally-sponsored navigation channels or features. Additionally, data on geographic dispersion of commodity movements, trends, forecasts, vessel loading patterns and other trade and shipping parameters are used routinely in economic and engineering investigations. Findings from investigations are in turn used to assess technical feasibility and economic benefit or return of new construction, physical improvements or enhancements, and O&M initiatives based on transportation cost efficiencies uniquely attributable or made possible by such measures. Associated efficiencies may include (but not necessarily be limited to) loading and operating or maneuvering vessels more efficiently than would otherwise be possible (without specified improvements or enhancements) or realization of operational thresholds for applicability or employment of new, evolving, or larger and more efficient vessel hull types and sizes.

General Description of Need

Per the general description of need and use for data and information generally outlined in the preceding introduction, IWR (IWR-WRC and IWR-WCSC) have identified technical requirements for the acquisition of maritime-related data and information regarding vessel movements and patterns of vessel service combined with supporting information pertaining to vessel specifications, ports and respective cargo handling facilities and infrastructure (docks or berthing, etc.). Initial research and inquiry regarding readily-available data and information products or services that appear to generally fulfill specifications indicate several such products or services are commercially available. Generally, these products were created for use by commercial maritime interests for market intelligence, logistics evaluation and maritime asset management but in the interest of cost efficiency these same products or services may also fulfill the primary procurement and technical specifications of concern to USACE and the Government. Within this context, additional review of the current and foreseeable products market appears to reasonably affirm that applications employing real-time or near real-time AIS (Automatic Identification System) tracking with integrated or easily-linked information for vessel specifications, tracking of vessel transit, port location and port facilities will acceptably fulfill crucial technical requirements for waterborne navigation evaluations.

Summary of Primary Requirements & Technical Considerations

A summary of primary requirements and considerations includes the following:

1.) Real-time or near real-time tracking of vessel movement(s) or transit(s) with sufficient resolution across time and geography to reasonably assess transit time of occurrence and duration, speed and geographic location for open water or ocean-going transit and transit within protected waterways or harbors. Transit time within protected or internal waterways and harbors with maximized granularity of elapsed time is of particular interests for evaluation of vessel operations and related evaluations for waterway capacity, vessel costs, vessel engine fuel consumption and emissions.

2.) Tracking of vessel movements from origin(s) to destination(s); not only at the general port-to-port level but with capability (to the greatest extent possible) to discern or drill down to the waterway segments or GNFs used in addition to the docks or quays (and associated facilities) employed for a given vessel call.

3.) Ready availability of data for historical vessel movements (subject to 1.) and 2.); preceding) for as many years as possible with a history extending back at least three (3) whole calendar years from the current year in addition to the time elapsed for the current calendar year of operation or available data.

4.) Integral or easily\readily linked location and descriptive information for ports and respective dock facilities.

5.) Integral or easily\readily linked information for individually tracked vessels (including identification and physical parameters in addition to geography or course of transit) 6.) The ability to readily download and extract or export relevant data and information.

7.) Sufficiency in coverage of waterborne or maritime vessel movements worldwide with respective census of the world’s ports and deep-draft fleet. Coverage should capture nearly or virtually all relevant vessel movements by type and size supporting waterborne cargo or commercial vessel service and trade with particular emphasis on vessel services serving the United States.

Primary Procurement & Technical Specifications

The specifications outlined herein set forth explicit specifications for contractual agreement and fulfillment by the vendor in terms of the following items as part of the Terms and Conditions of Commercial Sale and procurement for Government (USACE-IWR) use:

1.) Duration of time and frequency of provision and update of data and information over time - The duration for contractual services or product procurement will be on an annual (365 calendar days in duration) basis with contractual procurement for an initial base year of services with potential to continue annual procurement of products and supporting services up to an additional four (4) years on an optional annual basis for each additional year beyond the base year of initial contract award. Capabilities for access and download of data and information will be made available within four (4) calendar days of the contract award or notice to proceed (NTP) in the base year and availability for all following calendar days of the base year and all calendar days for each succeeding option year where executed or awarded annually in subsequent years with disposition of option for continuance or discontinuation at the convenience of the Government. The Government will provide the contractor with at least thirty (30) calendar days notice before expiration of any pending renewal or continuance to help ensure continuity of product and service availability.

2.) The basis for exercise of option year renewal will be in accordance with annual review and assessment of continued need by the Government. Renewal of procurement for subject products and services may be discontinued if it is determined subject products or services are no longer needed, budgetary or fiscal resource limitations no longer afford acquisition or purchase, or for any other reasonable determination indicating termination of commercial procurement is in the interests of the Government. In addition, based on findings of current market research, in option years two (2) and three (3), the Government will undertake a reasonably detailed review of the market for like or comparable products and if another product becomes available that acceptably fulfills specifications for relative to fair and objective considerations of costs, the Government may choose not to renew the standing contract at its discretion.

3.) While the expectation for intake and rendering of AIS data for related applications is largely or almost real time, the frequency of update for underlying supporting data and information (vessel specifications and port-related information) is often updated by most related commercial services on an annual, monthly, or weekly basis as is considered commercially appropriate relative to needs of the market. The specifications sought under this PD herein are the same as described for the current market with emphasis for update of AIS information real-time or nearly-real time and underlying data on at least a monthly to quarterly basis to the extent technically practical given the data and information involved (i.e., monthly for vessel parameters versus quarterly or annually for port facility-related information, etc.).

4.) Privileges for access, distribution, use and retention - As indicated previously, the U.S. Army Corps of Engineers (USACE) is tasked with administration of technical and engineering support of the nation’s navigable waterways. Correspondingly, it is the primary Federal agency that supports or executes related directives for the development, operation and maintenance of the nation’s navigable waterways systems and collaboratively works with other Federal authorities including the United States Coast Guard (USCG) and others to formally enforce or uphold jurisdiction and stewardship of the nation’s navigable waterways where considered to be in the national interest. More specifically, jurisdiction and stewardship extends to what are termed General Navigation Features (GNFs) which in context are considered open to all potential users on equal terms of access and use. GNFs include common or open-use vessel transit channels, vessel turning or maneuvering areas, offshore approach channels, anchorages, and structures such as entrance channel jetties or shoreline armoring. GNFs do not generally include berthing or access areas situated immediately dockside of a private commercial interest or port authority, or any supporting reach or location controlled as such near or adjacent to a waterway, or otherwise exclusively controlled by singular private or non-Federal interests.

Commensurate with technical needs and applications for data and information as previously generally described, elements of USACE-IWR (IWR-WRC and IWR-WCSC) have valid and specific needs and requirements for compilation, distribution, and analytical use of maritime data and information. Such requirements include verification, evaluation, and supplementation of data intake by IWR-WCSC and analytical or investigative applications by IWR-WRC. Both IWR-WRC and IWR-WCSC share data and information with USACE District-level analysts engaged in navigation studies as needed on an ongoing or routine basis. Correspondingly, IWR-WRC and IWR-WCSC will need to share or distribute maritime data and information at the detailed level in a controlled manner as acquired from the vendor with other working elements internal to USACE directly engaged in navigation studies or evaluations.

To provide further background on needs and uses data, presently, IWR-WRC employs subject data for waterway systems investigations typically at the national or regionalized level(s) which are undertaken only on an ad hoc, situation-specific, or otherwise somewhat periodic or directed basis (perhaps one or two times a year to every few to several years depending on needs of the organization). IWR-WRC also procures and makes available data and information for use by the field or District offices with civil works missions and responsibilities for waterborne navigation with specific efforts to support the coastal deep-draft navigation and inland waterways centers. The centers routinely undertake economic evaluations for individual ports and waterways projects on a system-wide basis for the nation to include the continental United States and its outlying states or recognized territories, protectorates and possessions. Accordingly, analytical efforts and studies are often in-process for projects or locations geographically dispersed across the nation on any coast or shoreline of navigable waters or the extent of physical expanse encompassing both the coastal and inland waterways system(s). Most or nearly all of these efforts involve project or port-specific evaluations, of which however only a relatively limited number are conducted or in process internal to USACE each year. Some studies and reports produced by IWR-WRC are released for public review and comment or coordination as required by agency directives employing highly aggregated data and information formats. In the contexts described, all data or information shared or distributed by IWR-WRC is only done so in accordance with applicable agreements and restrictions for protections afforded data and information deemed sensitive or proprietary in nature.

As a repository for maritime data for USACE, IWR-WCSC employs related data for verification, research and augmentation of other data and information received from additional contributing sources such as other governmental agencies (including the United States Bureau of the Census and United States Customs Service), waterway system users, ports authorities, and where applicable, other maritime interests. IWR-WCSC comprises the primary repository and activity for the intake or gathering and initial compilation and quality-assurance processing of maritime data and information for USACE concerning vessel movements and trade throughput for the U.S.. Data handling work efforts encompass the tabulation of waterborne vessel movements (by vessel type and size) respective to associated port(s) and facilities served and cargo or commodity tonnage handled via subject movements and services. Resulting data is in turn shared with IWR-WRC and throughout USACE as needed or per request and shared with other Federal agencies in aggregated form and as required within its official mission directives. Data is shared either at the detailed record level or some level of aggregation subject to need. IWR-WCSC is generally not tasked with economic or engineering analysis of data in support of project studies. Subject data are also compiled into various relatively highly aggregated reports or formats for distribution and sharing with non-governmental interests and the public. As with IWR-WRC, any data and information shared by IWR-WCSC is handled subject to applicable agreements and restrictions for protections afforded data and information as may be identified and deemed sensitive or proprietary in nature.

The application of maritime data to analytical efforts by USACE typically takes place over a period of months and often several or multiple years involving the evaluation of trends or patterns in data and information extending across several or many years of history up through recent occurrence or current knowledge. It is not unusual for the timeframe(s) of historical evaluations to extend 5, 10, or 20 or more years depending on the nature of evaluations. IWR-WRC and other elements in USACE also often review prior evaluations in comparison to current findings for waterway system usage to support efforts to better or more fully inform civil works initiatives for waterways system management and planning over time and for the future. Corresponding to these technical and analytical requirements, USACE has valid needs for long-term retention and use of data for evaluations and studies. Accordingly, all data and information once purchased and acquired for a given period or coverage of time shall become and remain the property of the Government in perpetuity for any applicable need to evaluate historical data or trends over time subject to the privileges for distribution and sharing set forth under this purchase description (PD), and subject to the protections from public or external disclosure commensurate with data and information deemed commercially sensitive or proprietary in nature.

To reiterate, respective data and information access(ed) or download(ed) at the detailed or individual record level of the vendor’s products or offerings will only be distributed or shared within IWR (IWR-WRC and\or IWR-WCSC, depending on extent of products acquired) and as appropriate the applicable centers for coastal deep-draft and inland waterborne navigation, and District-level offices engaged in waterway evaluation studies. Data and information accessed or downloaded by IWR-WRC and\or IWR-WCSC will not be distributed or shared at the detailed or individual record level with any other entities internal or external to USACE including (but not necessarily limited to) any USACE internal District or Division, or affiliated office, laboratory, research entity or activity, or field operating activity.

Data and information at the detailed record level will not be shared with any external contractor or affiliated support entity not directly employed by and for purposes specific to official efforts of IWR and USACE, or any other administrative or technical work element not otherwise specifically or explicitly identified herein for respective privilege(s) of access, distribution, sharing, use and retention. Where data and information are shared as described for official work purposes signatory non-disclosure (NDA) and non-alternative use (NAU or NAUA) agreements will be required. Specific to any entity or activity external to USACE such as a contractor, academician or reviewer, or external agency, they will be required via signatory agreement to purge all provided data and information upon completion of any associated analytical or contractual assignment. The manner in which data and information is purged will be compliant with methods and conditions subject to considerations of safeguarding data and information in compliance with NDAs and NAUAs.

Detailed data will be used to assemble internal project study and statistical reports comprised of aggregated statistics such as averages and ranges for data which may be shared with other Federal agencies or outside the realm of Federal agencies as deemed to be in the public interest respective to the missions and duties of USACE. While no further sharing of detailed data will be beyond that generally described, aggregated statistics derived from the compilation of detailed statistical records databases may be used or released to only the extent necessary in documentation and reporting. With intent and by design, any such documentation and reporting will contain sufficient detail and explanation to convey the context or framework of analytical methods, procedures, and findings or conclusions derived from internal analytical, tabulations, investigations, project analyses and evaluations employing subject data and information of concern. Accordingly, such aggregated statistics may be released publicly or shared with other laboratories and agencies for interagency or public coordination and review but when released to any external (to USACE) agency or entity in any public form they shall be released or disclosed only to the extent necessary to acceptably convey the general nature of analytical findings or general description of analytical technique or methodology for analyses or evaluations.

In addition to the above description of privileges for distribution and sharing of data and information, USACE (whether IWR-WRC, IWR-WCSC, the Navigation Centers, or any relevant organization internal to USACE) occasionally needs to make detailed information available for external independent technical or external peer reviews (ITR\IEPR) of project studies and evaluations conducted in the interests of the public. Typically, such reviews are performed by specialists in other governmental agencies or professionally-recognized subject matter experts (SMEs) and academic institutions or academicians affiliated with academic institutions with relevant knowledge, skills, and experience. Within these requirements as they arise, data at varying levels of detail employed or relevant to a given project evaluation and technical review occasionally needs to be made available to entities performing the review to independently determine the viability of analytical approach and methodologies, findings, conclusions, and as may be appropriate, any recommendations as a result of subject analytical efforts. Correspondingly, privileges for distribution and sharing of relevant data will be granted on an as-needed basis only to the extent necessary and with mandate of requirements for written signatory agreements for both nondisclosure (NDA) and non-alternative use (NAUA) for any other purpose including (but not necessarily limited to) other analytical assignments, applications, or publication other than as needed and approved by IWR for the specified review tasking of provided data and information. Integral to agreements for external entities will be the requirement for signatory agreement to purge and expunge all data and information provided in a manner consistent with measures to ensure ongoing compliance with requirements for NDAs and NAUAs previously described.

To additionally emphasize, consistent for compliance regarding preceding described needs for distribution, sharing and use, subject data and information at the detailed level will not be distributed or shared outside of USACE with any other governmental, non-governmental (including commercial or private sector) entities or entities to include the public at large not specifically and explicitly identified for privileges of distribution set forth by the PD herein.

Summary Statement of Deliverables

Subject to the description of technical needs and requirements set forth herein, the selected vendor or contractor will provide the following respective to applicable products and services:

1.) For a period of one (base) year plus up to four (4) additional optional years (with exercise of option years at the discretion of the Government based on review of need and resources), daily access and use of the vendor’s data and information product(s) which:

a. To the maximum extent possible or available incorporates real-time or near real-time AIS vessel tracking and an AIS data viewer combined with integrated data for port, dock, and dock facilities information and location additionally combined with integrated data on individual vessel specifications for vessels tracked and identified via the AIS data assembled for the vendor’s product (for review of additional information reference sections titled Summary of Primary Requirements & Technical Considerations and Primary Procurement &Technical Specifications; preceding).

b. To the maximum extent possible or available incorporates availability or history of movements extending historically at least three (3) full calendar years plus the elapsed time of the present or current operating calendar year.

c. Provides for capabilities to download and extract or export detailed data and information as needed with rights for ownership, use and retention of subject data and information per described needs of the Government with agreement for reasonable treatment and handling of data and information to prevent disclosure and use to other parties not addressed or included in the purchase description (PD).

d. Provides for product and data\information availability to be made within four (4) calendar days of the notice to proceed (NTP) for subscription support of up to ten (10) designated or concurrent users (depending on the level of subscription to be secured by the Government with either designated or concurrent use and five (5) users or ten (10) users as needed by either IWR-WRC or IWR-WCSC or both IWR-WRC and IWR-WCSC combined). The period of performance shall be one full calendar for the base year and each option year exercised. In addition, it should be understood that where insufficient or relatively minimal cost efficiencies are gained for increasing from 5 to ten 10 total users or a differentiation of products (i.e., with varying features or capabilities) versus costs may be available from a given vendor, USACE may choose to award two separate contracts to better accommodate IWR-WRC’s versus IWR-WCSC’s needs and technical requirements after final appraisal on any vendor offerings.

e. Subject product and services availability are to be made available on a subscription basis within four (4) calendar days of the notice to proceed (NTP) for up to ten designated or concurrent users* (depending on the subscription model provided to the Government for either five (5) users or ten (10) as described individually for IWR-WCSC, IWR-WRC, or as combined for both IWR-WCSC and IWR-WRC). Product and services availability for option years where exercised (on an annual basis) shall be continuous for 365 additional calendar days without a stoppage in availability subject to 30 calendar days notice for (each) option year renewal.

* Designated User: Individuals who are given a specific user identification and access code/password and only that individual can use the user identification and access code/password for access and use of the product. Capacity for reassignment of user identification and access code/password to another designated user can be authorized via notification and agreement with the provider of the product.

*Concurrent User: Individuals may have shared user identification labels and/or shared access codes/passwords. Concurrent users are limited by the number of individuals that can access the product at the same time.

2.) Additionally to ensure clarity of understanding, the period of performance (POP) will be 365 calendar days for the base year and 365 days for each and any additional option year exercised at the discretion of the Government with the start of each yearly or annual period beginning with date of initial notice to proceed (NTP) for the base year and the applicable effective date for exercise of each or any given option year period.

General Requirements for or Compliance with, Operational Security (OPSEC)

The requirements for acquisition of data and information as described herein primarily constitute procurement of a services subscription for data and information as the vendor compiles, markets or otherwise vends associated user products for access, viewing, evaluation and interpretation of the data and information assembled. The products under consideration for acquisition are generally standardized products developed for a variety of commercial clients and related technical or analytical needs of various maritime industries and affiliated industries and other entities. Access and use by USACE personnel will be via remote electronic or internet link and website(s). The contractor will not have access to any network, server, or computerized platform or system operated or controlled by USACE other than for possible electronic meetings or email correspondence. There is no standing permission or requirement for contractor personnel to visit or enter any USACE or DoD owned\controlled facilities in fulfillment of this contract.

As indicated, the contractor or vendor will make access to data and information products available via electronic connection to websites operated and maintained by the vendor. The vendor’s established website(s) will have reasonable and sufficient measures to safeguard against unauthorized access or retrieval and infection or corruption from malicious code or software. The contractor will be required to detail or describe the general specifications of measures applied for OPSEC of available website(s) or internet address(es) and the procedures for USACE personnel to properly and securely retrieve subscription data and information to be provided or made available under technical scoping and specifications of the PD herein.

The work or services under this contract will be UNCLASSIFIED and electronic network or facility physical access is not required except for possible participation in meetings therefore the contractor(s) will not require a Common Access Card (CAC) or standing authorization for facilities visitation. Contractor employees may require infrequent or periodic access to government facilities for meetings or site visits to discuss services, products or performance under the subject contract. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures. This includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Infrequent or limited as-needed contractor access to a government facility for such needs shall be coordinated by the designated government technical point of contact (TPOC) or the contracting officer representative (COR). The COR or TPOC for each contract is the liaison between the security office and the contractor and will coordinate any visits with the governing security office for the facility to be visited.

The employment of contract personnel and related services or functions are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness contributes to those efforts. The contractor will actively and periodically monitor subject vendor-supported website(s) or address(es) for any unauthorized or suspicious activity or operation any of which should it occur is to be immediately reported to the designated technical points of contact (TPOCs) for IWR respective to this PD via both telephone and email (Ian Mathis; 703-428-7257, ian.a.mathis@usace.army,mil, or Kevin Knight, kevin.p.knight@usace.army.mil, 703-428-7520). Upon any such occurrence of activity the contractor and the designated POCs for IWR will need to confer and agree on remedial measures or alternatives for safe and secure provision of subject data and information. Any questions regarding security matters should be directed to the indicated TPOCs.

Safety Compliance - The contractor or vendor and its subcontractors and affiliated employees shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) for Environmental, Safety, and Occupational Health (ESOH) (DODD 4715.1E). The Department of Defense (DoD) participates in the OSHA Voluntary Protection Program (VPP). Contractor personnel performing services on or incurring visitation to a DoD installation shall participate in the local VPP as applicable. Information on the VPP is available at https://www.osha.gov/dcsp/vpp/all_about_vpp.html.

Security and safety requirements as described apply to all contract personnel including employees of the prime Contractor (“Contractor”) and all subcontractor employees supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements.

General\Additional Terms & Conditions of Sale Respective to the Purchase description (PD) & Technical Scoping, Specifications & Requirements as Described

Capacity or compliance with needs for (vendor) audit or verification with contract terms and conditions of sale - Periodically it is understood that the vendor of products or services may need to conduct review or audit for verification of compliance with contract conditions, most notably in regard to assignment of user access and application. Such efforts shall not entail rights of physical access or visitation to premises or facilities owned, controlled or occupied by USACE and its personnel. Due to requirements for systems security and integrity, the vendor shall not have or be granted in any manner physical or electronic access to data storage systems or electronic platforms employed for access or application and use of subject vendor products, data and information. The contractor however may employ what generally constitutes passive measures such as recording and evaluating IP addresses and product password and identification names, codes or tags directly assigned to and employed by USACE personnel accessing its products, computerized applications, and information. This does not include the right to track or use any such information in any other way or for any other purpose than to verify use at the point of, or via the physical or electronic means of access for the vendor’s products and supporting systems. No other method or mechanism is implied or is allowed outside that described without written permission by the Government or explicit mutual agreement that may be otherwise included in the Terms and Conditions of Sale.

Indemnification - The Government cannot enter into any Terms and Conditions of Sale with agreement for indemnification, including acceptance of terms for financial liability or otherwise in any form or context in association with access, handling, and use of the vendor’s products, associated data or information, or any derivative product or output thereof. This position also extends to any secondary or third part agreements the prime vendor may have for constituent or sub-contractual relations whether for the provision of any application, data, information or technical labor or staff support or any other professional services.

Ownership and Retention of Data, Information, Algorithms or any Product(s) uniquely created by or for Government at Government expense - Data and information downloaded or obtained via the vendor’s systems or products shall become property of the Government for retention and use as long as the data and information is deemed of value or purpose to the Government for studies, evaluations and analyses conducted by the Government or purchaser (IWR and its designated constituent organizations IWR-WRC and IWR-WCSC and the entities they in turn support as so described in the PD herein). The Government will, as long as subject data and information is held or retained, continue to treat subject data and information as a commercially acquired product in appropriate and fair contexts of protection(s) from non-disclosure to the public in addition to limitations on distribution, sharing, or otherwise common, joint or collaborative provision and use other than as described by the respective PD requirements herein. Data, information, algorithms, formulae, methodologies or any products acquired by the Government under the terms and conditions of this contract which are considered and reasonably verifiable to be common knowledge, readily available within the public realm of data, information and knowledge, or as may be developed by the Government shall not be subject to restrictions, treatment, or protections reasonably afforded commercially acquired data, information, and products acknowledged as or acceptably considered proprietary in nature or which have exclusivity for valid sale or resale value for the subject vendor in the marketplace. Subject protections for what may in some contexts typically be considered common knowledge for data or information may be applicable where such data and information is being provided with reasonable identification by the vendor as a commercially recognized source with professional reputation of verification for quality or accuracy and completeness of the data and information of concern. In similar contexts, some formulae, analytical relationships, models, data and information assembled or developed by the Government may be considered sensitive and entitled to specific protections from release or disclosure outside of IWR and the Government when based on critically developed applications based on or incorporating data and information deemed or determined to be sensitive or proprietary in nature.

Non-Personal Services - The contractor shall provide strictly non-personal “data as a service” as contractor employees are not subject to direct supervision and control by the Government. The contractor’s technical staff and personnel in regard to use and application of the vendor’s products may advise and support the Government but shall not make determinations, decisions or certifications on behalf of the Government considered to be in the realm of Government functions or analyses for this contract nor perform any inherently governmental functions. The contractor and its employees shall not represent the government nor appear to represent the government in performance of these contract services. Contractor personnel shall clearly identify themselves as contractor or vendor employees (or otherwise if applicable) in all interactions during contract performance.

Data & Information Privacy & Protections - Where applicable, any data or information furnished by the government for this purchase description (PD) are not to be further disclosed or distributed except where expressly permitted in compilation or aggregated form and shall not be used for any work product beyond the scoping of this purchase description. Any data or information furnished by the government shall be handled in accordance with established Government procedures for safeguarding proprietary information against unauthorized disclosure. Where such exchange of data and information is required, agreements for non-disclosure (NDA) and non-alternative use (NAU) may be required of the vendor or contractor.

Government Representation & Points of Contact (POCs) - The government’s contract Project Manager and Contracting Officer’s Representative (PM/COR) for this Task Order will be appointed. A technical point of contact (TPOC) may also be identified for working with the vendor and staff concerning any technical issues inquiries during the course and period of performance. The PM/COR nor the TPOC will have no authority to direct the contractor in any way to alter the contractual obligations as agreed to under the Terms and Conditions of Sale. The official Contracting Officer (KO) to be identified at the time of work or contract award is the only individual authorized to make changes to specification, requirements, and conditions of the contract as assigned or awarded.