A16PS00596_-_Attachment_1.pdf

U.S. Department of the Interior Bureau of Indian Education

Science Post-Graduate Scholarship Fund (SPGSF)

Statement of Work (SOW)

May 5, 2016

Bureau of Indian Education (BIE) 1951 Constitution Avenue NW

MS: 312-SIB

Washington, DC 20240

Procurement Sensitive – See FAR 2.101 and 3.104 1

STATEMENT OF WORK (SOW)

SCIENCE POST-GRADUATE SCHOLARSHIP FUND (SPGSF)

SECTION C STATEMENT OF WORK

1. DESRIPTION OF REQUIREMENT

The Bureau of Indian Education (BIE) under the Department of the Interior (DOI) requires contract support under Federal Acquisition Regulation (FAR) 37.203 (b) (3) and

(5) to administer the SPGSF funding programs.

2. BACKGROUND

The Bureau of Indian Education (BIE)’s mission, as described in Title 25 CFR Part 32.3, is to provide quality education opportunities from early childhood through life in accordance with a tribe’s needs for cultural and economic well-being, in keeping with the wide diversity of Indian tribes and Alaska Native villages as distinct cultural and governmental entities. Further, the BIE is to manifest consideration of the whole person by taking into account the spiritual, mental, physical, and cultural aspects of the individual within his or her family and tribal or village context.

3. OBJECTIVE

SPGSF provides funding and awards specifically for post-secondary and post-graduate-level fellowships and training opportunities in the STEM fields such as agricultural, geological, and biological and life sciences, computing, communications, networking, information technology, and biomedical programs. Advanced education in the STEM fields is in greater demand than ever before, particularly in Indian communities.

Many tribal lands are situated on lands with greater natural resource potential that require individuals with educati on, skills, and expertise to sustainably develop resources. Indian students in STEM fields often recognize the importance of reinvesting their knowledge back into their home communities, bringing skills back to home tribes or other tribal communities. There is a high deficiency in STEM fields and urgency for research to understand why. A portion of the SPGSF will be directed towards graduate level (Masters and Doctoral) research to understand the barriers that discourage Indian student participation in these fields and expanding STEM opportunities at Tribal Colleges and Universities.

4. APPLICABLE DOCUMENTS/DEFINITIONS

The following is a list of documents determined to be applicable to this contract.

i. 25 USC 47, Buy Indian Act of 1910, Procurement Sensitive – See FAR 2.101 and 3.104 2

ii. 41 USC 253, Competition Requirements

iii. Federal Acquisition Regulation (48 CFR Chapter 1)

iv. Office of Management and Budget (OMB) Circular A-21

v. Office of Management and Budget (OMB) Circular A-87

vi. Federal Travel Regulations

vii. Joint Travel Regulation, Volume 2

The following definitions apply to this contract.

SPGSF – Science Post Graduate Scholarship Fund STEM – For the purposes of this contract, STEM is defined as studies in graduate programs that the BIE has indicated as high need in American Indian and Alaska Native communities and may include: Medical and Life Sciences; Engineering and Physical Sciences; Mathematics and Computational Sciences; Earth, Environmental and Agriculture Sciences; and Technology.

5. SCOPE OF WORK

5.1 Science and Post Graduate Scholarship Fund

The SPGSF was established in FY2014. The specific purpose of the SPGSF program is to provide financial assistance to eligible American Indian and Alaska Native graduate and professional degree candidates to promote Science, Technology, Engineering, and Mathematics (STEM) research in and opportunities for careers with Bureau of Indian Education (BIE) and BIE funded organizations on and off reservation and tribal governments. Employment with other federal and state agencies and private entities may be eligible if the organization's primary mission is assistance and support to tribal communities or individuals. The SPGSF is a loan for service program to be served on a 1 per 1 basis, i.e., one year of funding per one year of service. Students may only receive funding through one BIE Loan for Service program with the contractor.

SPGSF provides funding and awards specifically for post-secondary and post-graduate-level fellowships and training opportunities in the science, technology, engineering, and mathematics (STEM) fields such as agricultural, geological, and biological and life sciences, computing, communications, networking, information technology, and biomedical programs. Advanced education in the STEM fields is in greater demand than ever before, particularly in Indian communities. Many tribal lands are situated on lands with greater natural resource potential that require individuals with education, skills, and expertise to sustainably develop resources. Indian students in STEM fields often recognize the importance of reinvesting their knowledge back into their home communities, bringing skills back to home tribes or other tribal communities. There is a high deficiency in STEM

Procurement Sensitive – See FAR 2.101 and 3.104 3 fields and urgency for research to understand why. A portion of the SPGSF will be directed towards graduate level (Masters and Doctoral) research to understand the barriers that discourage Indian student participation in these fields and expanding STEM opportunities at Tribal Colleges and Universities.

Science Post Graduate Scholarship Fund (SPGSF):

The contractor shall furnish the necessary personnel, materials, equipment, services and facilities to perform the following:

• The contractor shall provide comprehensive services to eligible applicants upon their acceptance and enrollment in, and leading to the successful completion of, graduate level programs. For the purpose of this contract, Financial Assistance shall be referred to as Science Post Graduate Scholarships Fund (SPGSF) FELLOWSHIPS and awardees shall be referred to as SPGSF FELLOWS.

• The contractor shall establish and maintain a database on all fellows who graduate. This data will provide statistical information that will help evaluate the efficiency and effectiveness of SPGSF. This database shall be formatted and shall use Microsoft Office or compatible software which shall be designated by the Bureau to ensure compatibility with the Bureau's system for storing collected data.

• The contractor, if funds are available, shall provide financial assistance to fellows who take the professional examinations following their date of graduation. SPGSF support for fellows who are preparing to take professional examinations shall be limited to one calendar year from date of graduation and shall be for only one examination.

• The contractor will develop and implement a marketing plan to advertise, promote the SPGSF Loan for Service Program, provide SPGSF Loan for Service applications upon request, and make applications available through the contractor website. In addition, contractor will create and provide printed materials, public service announcements, advertisements, presentations, outreach to graduate students, electronic applications and agreements, and ongoing collaboration with graduate deans. The COR will review and approve all materials.

• The contractor shall administer the graduate fellowship grants to eligible students. Administration shall include all activities related to receiving and evaluation of applications, determining awardees, computation of award amounts and disbursement of award payments.

The contractor may award a multi-year fellowship that extends no more than four years.

Procurement Sensitive – See FAR 2.101 and 3.104 4

The continuance in future years, if multiple year awards are made, of fellowships is contingent upon availability of funding in subsequent years pursuant to FAR 52.232-18.

The contractor shall establish and maintain contact with the applicants' respective institutions for the purpose the administration of the contract objectives.

The contractor shall establish and maintain information going back at least five (5) years that will provide the number of fellows that have been funded by SPGSF. The contractor will collect data from existing files on the number of graduate students that have been awarded, field of study, type of degree, school attended, and will follow up with students for two years to obtain post degree career/employment information. This information will be used by BlE for reports to Congress, referrals for employment and other reports needed to maintain adequate records.

The contractor shall provide student support services and related activities that will aid fellows in the completion of their degree programs. This shall include, but not be limited to the following: assisting with problems at their college, recommending tutorial assistance when needed, and providing advice regarding academic and financial questions. Since SPGSF is a national program, contractor support services by their very nature will be required to be provided by telephone, correspondence, newsletters, workshops and regional and national meeting. The contractor will be required to confirm completion of degree programs and conferred degrees, and report this information to the BIE.

NOTE: Other than required internships, summer awards to SPGSF students are subject to and conditioned upon the availability of funds, and shall be made available only to continuing students whose summer enrollment is required or will result in completion of their degree at the end of the summer term.

Estimated Number of Awards to be made: The BIE estimates one scholarship or one loan for serve agreement will be awarded to 20 master’s students and 10 doctoral students which will extend over four years. Professional fees for 30 students will be awarded once per student.

Program Requirements: For the purposes of this contract, STEM is defined as studies in graduate programs that the BIE has indicated as high need in American Indian and Alaska Native communities and may include: Medical and Life Sciences; Engineering and Physical Sciences; Mathematics and Computational Sciences; Earth, Environmental and Agriculture Sciences; and Technology.

Eligibility: To be eligible for assistance from funds appropriated by the Bureau of Indian Education, SPGSF Loan for Service Program, an applicant:

• Must be an enrolled member of a United States federally recognized American Indian tribe or Alaska Native group, or possess ¼ degree federally recognized Indian blood;

Procurement Sensitive – See FAR 2.101 and 3.104 5

• Must be (or will be) pursuing a master's or doctorate degree as a full-time student at an accredited graduate school in the United States. Exclusive consideration is paid to degree candidates in the Science, Technology, Engineering and Mathematics (STEM) fields;

• Must agree to pursue a course of study leading to a graduate degree, and understand that failure to complete the said degree by the anticipated date will result in termination of financial assistance and a continued obligation to perform a service payback;

• Complete and sign the "SPGSF Loan for Service Application and Employment

Agreement,” in which the candidate acknowledges both the requirements for continued participation in the Loan Program and the obligations for payback through service;

• Provide two letters of recommendations, in sealed untampered envelopes, from faculty and/or employer, either via postal service or electronically. If electronic, the letter must be sent directly from the recommender;

• Must apply for campus-based aid through the federal financial aid process at the university financial aid office;

5.1.1 Application Review: The contractor shall first determine if the applicant is eligible by applying the standard "Eligible Applicants." If the applicant is deemed eligible and the contractor has received a complete application packet consisting of:

A fully completed and signed application form, either in paper format or electronically via an online application system;

A certificate of tribal eligibility indicating the applicant is an enrolled member of a federally recognized tribe or possesses ¼ degree federally recognized Indian blood;

A financial need form prepared by the institution's financial aid office indicating the applicant has applied for federal financial aid and campus-based aid. It must show the cost of attendance, less resources, which will indicate the applicant's unmet financial need. The contractor will consult with the preparing financial aid office when any questions arise or special situations regarding the applicant's financial need are not clear. Any additions or deletions to costs or resources must be supported with documentation from the preparing financial aid office or other directly involved party. The contractor may recalculate unmet need based on the following criteria:

Procurement Sensitive – See FAR 2.101 and 3.104 6

• In the event a fellow is awarded private or federal student loans, the contractor will subtract those loans to accommodate the ability to receive the SPGSF Loan for Service and notify the institution of such revision(s).

• Completed applications will be reviewed on an individual basis and approved or disapproved by the contractor, according to the standards set forth herein.

• Applications shall be evaluated based on unmet financial need and academic field of study. Tribal affiliation shall be recorded for reporting purposes.

• Applicants who possess "terminal" degrees are not eligible for the SPGSF

Loan for Service Program; the BIE considers doctoral and professional degrees as terminal.

Application Form: Only forms approved by the BIE will be used for fellowships under this contract. The application packet consists of the Application Form (either paper format or electronic application system), Financial Need Form (FNF), Tribal Eligibility Certification Form (TEC), Three Acknowledgment Postcards (for the Application, FNF & TEC) or automated online application system email verifications, and Instructions. The continuing student application packet consists of the Continuing Student Update Form (CSU) in either paper format or electronic application system, Financial Need Form (FNF), Two Acknowledgment Postcards (for the CSU & FNF) or automated online application system email verifications, and Instructions. These forms will need to be approved by BIE in the administration of BIE's graduate fellowship program.

Applicants must provide the following required document in conjunction with the application: Tribal Eligibility Certificate (via postal service or electronically to be retained in student paper file), graduate or professional degree program acceptance letter (via postal service or electronically to be uploaded to student online file), proof of full time enrollment, i.e. class schedule (via postal service or electronically to be uploaded to student online file), the SPGSF Loan for Service and Employment Agreement (via postal service or electronically to be uploaded to student online file), academic transcript (via postal service or electronically to be uploaded to student online file), two letters of recommendation (via postal service or electronically to be uploaded to student online file).

The paper application will be made available no later than January 15 and will be due June 1. The Electronic application will be made available no later than January 15 and will be due June 1.

Selection Process and Time Line: The contractor will work with the BIE to develop a ranking system for applicants. The selection committee will consist of three individuals designated by the contractor, and approved by the BIE, who will meet approximately three weeks after the deadline to rank and review applicants. The final list of applicants will be reviewed and approved by BIE prior to final selections. In the case two applicants are

Procurement Sensitive – See FAR 2.101 and 3.104 7 ranked equally, the BIE will make the final decision regarding who is selected. Recipients will be notified by August 15 of each year.

Fellowship Award or Denial: Upon final selection using the ranking system, an applicant is eligible for a fellowship, the contractor shall award a fellowship, which when combined with the applicants other resources, shall not exceed the applicant's total financial need as determined by the institution's financial aid office.

Notification of Award: The contractor shall notify each applicant and the institution financial aid office electronically via email, of a Fellowship Award Agreement indicating the award amount and conditions that must be agreed to and followed if the applicant accepts the fellowship. In the event of an email bounce-back, the Contractor shall notify the applicant and the institution financial aid office by sending via postal mail, the aforementioned document(s).

Notification of Denial: The contractor shall notify each applicant electronically via email of the denial. For those applicants that receive a denial notice, a statement of their right to appeal the determination is indicated along with appeal procedures. The contractor shall call this process a "Request for Reconsideration".

Notification of Prioritized Wait List: In event that a student completes the program or is terminated for any reason, the contractor will return to the prioritized list of original applicants to select a replacement fellow. When the prioritized list is exhausted, the contractor may choose an applicant from an internal scholarship database.

Payment of Fellowship: Before a fellowship disbursement, the contractor shall receive an acceptance letter from the applicant's institution indicating they are admitted as a full-time student in an accredited graduate or doctoral program. Contractor will electronically upload the letter to the applicant’s online application system personal file upon receipt.

• Fellowships will be paid either by check or electronic funds transfer, on behalf of the student to the institution, and then either mailed or electronically submitted to the financial aid office on a semester or quarterly basis, whichever the school follows.

Each payment will be accompanied by an electronic transmittal that identifies the student or students funded, and the amount of each student’s award included in the payment.

• If an institution notifies the contractor in writing that they are unable to disburse funds in excess of direct costs to contractor fellows, with BIE approval the contractor may direct the institution to issue the check directly to the fellow with the requirement that the fellow provides evidence of good standing financially with the institution on a timely basis.

• Financial aid offices will disburse the fellowships issued under this contract to the recipient according to the disbursement policy of the institution.

Procurement Sensitive – See FAR 2.101 and 3.104 8

Refund of Fellowship Award Required in Certain Circumstances: When a recipient of a fellowship does not enroll in a higher education institution, the award check shall be returned to the contractor. Any refunds received from a student or school during the contract period may be re-deposited through the contractor's financial system and awarded to eligible students selected from that awardee’s original application pool in future academic terms. The contractor will provide BIE with written notification of such circumstance.

Academic Standards:

Fellows will continue to be eligible for assistance as long as they maintain the academic requirement stipulated by the program and institution they are attending. Fellowship recipients must meet the following academic requirements:

Maintain institutional Satisfactory Academic Progress (SAP) and be a full-time student in their field of study. If the grading system of the institution differs from the traditional letter grade, the contractor shall consult with the institution to evaluate academic performance and progress.

If the fellow is not receiving grade reports, an official written report by academic term from the institution is necessary. The department or graduate advisor must confirm the student is full-time and academic progress was satisfactory.

All fellows are required to submit course enrollment verification forms and grade reports for each term they are awarded, either via postal service or electronically.

Effect of Academic Suspension or Probation: Fellows will continue to be eligible as long as they meet the academic standards. However:

• A recipient who does not meet the academic standards will be placed on probation for the next academic term. During the probation term, the recipient can receive support, but must complete any past deficiencies and complete the probation term as a full-time student in good academic standing.

• A recipient who does not complete a term as a full-time student will be placed on probation for the next academic term. During the probation term, the recipient can receive assistance, but must attain the academic standard and be full-time during the probation term to be removed from probation.

• A recipient who is on probation and fails to meet the academic requirement during the probation term will be suspended from receiving any assistance for one year.

Before receiving additional assistance they must be in good academic standing.

Maximum Periods of Eligibility: Fellows are eligible for assistance as long as they maintain the academic requirements in "Academic Standards" are making progress toward their

Procurement Sensitive – See FAR 2.101 and 3.104 9 degree and have not yet reached the maximum terms of support as follows:

• Two academic years (four semesters or six quarters) for a Masters degree.

• Four academic years (eight semester or twelve quarters) for a Doctorate degree (Ph.D.).

• Four academic years including summers (twelve semesters or sixteen quarters) for

Medicine (MD), Osteopathic (DO), Veterinary and Pharmacy or Pharmacology degrees.

Loans will provide financial assistance for the following academic expenses: textbooks, tuition, student fees, professional examination expenses, and those fees normally associated with the graduate degree as identified by the accredited institution as associated with the full cost of attendance.

Fellowship support shall terminate when the fellow receives the degree being sought.

Remaining funds from terminated fellows will be awarded to a student in the fellow’s original application pool.

Fellows working on a dual degree may receive funding to the term limits of the highest degree.

Tracking

The contractor will monitor and track academic status and develop an internal database to document relevant recipient information. The contractor will make referrals as needed and generate reports as needed.

Fellows agree to provide a copy of his/her transcript within 30 days of each grading period during which the fellow is enrolled, and the Fellow agree to submit enrollment, academic and financial information specified by the contractor for continued funding after his/her initial acceptance into the program by deadlines stipulated by the contractor.

Placement

The contractor will refer completed SPGSF fellows to human resources personnel of the BIE and eligible BIE funded organizations to provide fellows employment information and job and career opportunities for meeting SPGSF Loan for Service obligations, and to advertise, promote, and assist in job placement. The contractor will refer SPGSF Loan for Services students to the appropriate BIE office to pursue job placement opportunities.

Upon completion of the approved degree program, the Fellow agrees to accept employment with prescribed tribal and federal organizations and agencies or otherwise with organizations serving significant American Indian populations. The Fellow agrees to

Procurement Sensitive – See FAR 2.101 and 3.104 10 maintain such employment for a period of time necessary to payback the financial assistance received under this program. The period of time required for payback is prorated at one calendar year for one academic year of funding. The fellow agrees that all efforts will be made so that such employment will begin within 6 months following completion of the approved degree program. If employment has not been incurred, the fellow agrees to continue to work with the placement agency with the intent of accepting the next suitable offer or will be required to repay loans on a 1 for 1 basis, i.e., for each year of non-employment, fellow will repay one year of scholarship.

To further stipulate loan repayment terms and work schedule, BIE shall require fellows to begin the repayment process within six months of degree completion;

• Fellows shall work for the Bureau of Indian Education or an entity that primarily serves Native Americans and Alaska Natives 40 hours per week and or a full time work week, and in accordance with the hiring agency's prescribed personnel policies;

• Fellow will be required to repay loans on a 1 for 1 basis (one year of service for each academic year of loan payment where any summer funding is counted toward the associated funding years).

The fellow understands and accepts the following payback reporting requirements:

• If the fellow proposes a work-related payback, the written Notice of Intent must include information detailing the work-related services to be provided in the approved organizational service area.

• For work-related service, the Director, Bureau of Indian Education designated administrator will review the work-related payback plan to determine whether the work meets the applicable statutory and regulatory requirements and whether the service relates to the degree received. Based on, but not limited to, these criteria.

The Director, Bureau of Indian Education administrator is authorized to approve the plan or not.

• The work related Payback Plan must identify where, when, type of work, and for whom the work is to be performed. Information about the proposed location and its intended population must be included.

• A Fellow on a work-related payback plan must submit a written certification, signed by the Fellow's employer to the Bureau of Indian Education programs administrator that the work was performed without interruption.

• As the Fellow nears the end of his/her degree program, the Bureau of Indian

Education agrees to notify tribal and federal agencies of the availability of Fellow for employment. The contractor will provide the BIE with contact information for all

Procurement Sensitive – See FAR 2.101 and 3.104 11 fellows expected to complete degree programs at the end of the spring semester by April 1 of each year. December degree recipients will be disclosed to BIE by November 1 of the graduation year.

6.0 Deliverables/Deliverable Schedule

To fulfill this effort, the contractor shall complete the following deliverables. Unless otherwise specified, the government will have a maximum of fifteen (15) working days from the day the draft deliverable is received to review the document, provide comments back to the contractor, approve or disapprove the deliverable(s). The contractor will also have a maximum of fifteen (15) working days from the day comments are received to incorporate all changes and submit the final deliverable to the government. All days identified below are intended to be workdays unless otherwise specified.

# Milestone/Deliverable

Responsibility Date

1 Kickoff Meeting Government Within ten business days after award 2 Monthly Status Report Contractor 10th Calendar day of the Month 3 Progress Meetings Contractor As needed

7.0 Anticipated Period of Performance:

Base Period: [Date of Award] through July 29, 2017 Option Period #1: July 30, 2017, through July 29, 2018 Option Period #2: July 30, 2018, through July 29, 2019 Option Period #3: July 30, 2019, through July 29, 2020 Option Period #4: July 30, 2020, through July 29, 2021

8.0 Administrative Considerations

Correspondence

To promote timely and effective administration, correspondence shall be subject to the following procedures:

a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the COR with an information copy to the CO listed below.

Procurement Sensitive – See FAR 2.101 and 3.104 12

b) All other correspondence (that proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this SOW) shall be addressed to the CO, with an information copy to the COR.

8.1 Points of Contact

Contracting Officer’s Representative (COR)

a) The COR is the individual within the Program Management function who has overall technical responsibility for this effort. The COR supports the CO during administration of this effort by:

1) Making final decisions regarding any recommended rejection of deliverables;

2) Providing technical clarification relative to overall workload matters;

3) Providing advice and guidance to the contractor in the preparation of deliverables and services;

4) Providing acceptance of deliverable products to assure compliance with requirements.

b) The COR also provide technical direction to the contractor, i.e., shifting work emphasis between areas of work, fills in details, or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general PWS for this effort. The COR does NOT have the authority to and may NOT issue any technical direction which:

1) Constitutes an assignment of work outside the general scope of this effort;

2) Constitutes a change as defined in the “Changes” clause;

3) In any way causes an increase or decrease in cost or the time required for performance;

4) Changes any of the terms, conditions, or other requirements of this effort; and

5) Suspends or terminates any portion of this effort.

c) All technical direction shall be issued in writing by the COR or will be confirmed by the

COR in writing within 10 calendar days after verbal issuance. A copy of the written direction shall be furnished to the CO.

d) In addition to providing technical direction, the COR will:

1) Monitor the contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO, any changes in the requirement;

Procurement Sensitive – See FAR 2.101 and 3.104 13

2) Assist the contractor in the resolution of technical problems encountered during performance; and

3) Perform inspection and acceptance or recommendation for rejection of contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within this PWS.

e) The Contractor will be provided with a copy of the COR letter of appointment after the establishment of the contract.

Administration The COR(s) shall be:

To be determined

The Contracting Officer (CO) is:

To be determined

9.0 Acceptance

The COR will review, for completeness, preliminary or draft documentation and final documentation that the contractor submits within fifteen (15) calendar days after receipt of documents, and may return it to the contractor for correction. Absence of any comments by the COR will not relieve the contractor of the responsibility for complying with the requirements of this work statement. Final approval and acceptance of documentation required herein shall be in writing. The contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

Acceptance Criteria

General quality measures, as set forth below, will be applied to each deliverable received from the contractor under this SOW.

• Accuracy - work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

• Clarity - work products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to the supporting narrative.

• Consistency to requirements - all work products must satisfy the requirements of this

PWS.

• File editing - all text and diagrammatic files shall be editable by the government.

Procurement Sensitive – See FAR 2.101 and 3.104 14

• Format - work products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified Directives or Manuals.

• Timeliness - work products shall be submitted on or before the due date specified in this SOW or submitted in accordance with a later scheduled date determined by the government.

10.0 Limited Distribution or Use of Certain Data and Information

(a) Performance of this contract may require the contractor to have access to and use of data and information which may be considered proprietary by other customers, or which may otherwise be of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interests of the government and others.

(b) The contractor agrees that contractor personnel will not divulge or release data or information developed or obtained in connection with the performance of this contract until made public by the government, except to authorized government personnel, or upon written approval of the COR. To the extent of the work under this contract requires access to business confidential or financial data of other companies, the contractor shall protect data so acquired from unauthorized use and disclosure and agrees not to use it for any purpose other than the performance of this contract. This data may be in various forms, such as documents, raw photographic prints, computer printouts or it may be interpretative results derived from analysis, investigation or study efforts. Further, the contractor shall not use nor copy any of this data or derivations thereof, for the purpose other than as may be necessary in the performance of this contract.

The contractor shall establish policies and procedures to implement the substance of this clause at the individual employee level that will ensure that affected employees are made aware of the contract provisions and the contractor’s implementing policies and procedures. Particular attention will be given to keeping employees advised of the statues and regulations applicable to the handling of other contractor business confidential of financial data.

(c) Except as may be otherwise agreed to with a data owner, the contractor further agrees it will not use, disclose or reproduce proprietary data belonging to customers and which bears a restrictive legend, other than as required in the performance of this contract;

provided, however, that nothing herein shall be construed as:

(1) Precluding the use of any such data independently acquired by the contractor without such limitation; or

(2) Prohibiting an agreement at no cost to the government between the contractor and the data owner that provides for greater rights to the contractor.

(d) The contractor shall include the above clause (paragraphs a b and c) in all subcontracts.

Procurement Sensitive – See FAR 2.101 and 3.104 15

11.0 Restriction Against Disclosure

The contractor agrees in the performance of this contract to keep all information supplied by the government and all information obtained in conducting the research in the strictest confidence, said information being the sole property of the government. The contractor agrees not to publish, reproduce, or otherwise divulge such information in whole or in part, in any manner or form, nor authorize others to do so, taking such reasonable measures as are necessary to restrict the information to those employees who must have the information to perform the work provided herein. Contractor employees shall sign a Restriction Against Disclosure Statement. The contractor shall establish policies and procedures to implement the substance of this clause at the individual employee level which will assure that affected employees are made aware of the contract provisions and the contractor’s implementing policies and procedures. Particular attention will be given to keeping employees advised of the statutes and regulations applicable to the handling of other contractor confidential financial data.