A5 Redacted SOW PDF 1301294834v2.pdf

REDACTED

STATEMENT OF WORK

FOR

FORKLIFT EVALUATION AND REPAIR

1.0 SCOPE

The Naval Surface Warfare Center Panama City Division, (NSWC PCD) requires contractor support to evaluate and possibly, repair a malfunctioning hydraulic pump on a John Deere forklift. The forklift has been previously evaluated in the past. The following potential issues were identified: the hydraulic pump seal, or the hydraulic pump needs to be replaced. The contractor shall provide all facilities, materials, and labor to accomplish Statement of Work (SOW) tasking specified below.

1.1 Acronym List

Following is a list of acronyms used in this Statement of Work.

CDRL Contract Data Requirements List CUI Controlled Unclassified Information DoD Department of Defense FAR Federal Acquisition Regulation FOUO For Official Use Only FOIA Freedom of Information Act GFE Government Furnished Equipment GFI Government Furnished Information GFM Government Furnished Material GFP Government Furnished Property HAZMAT Hazardous Material HM/HW Hazardous Materials/Hazardous Waste IT Information Technology NDA Non-Disclosure Agreement(s) NMCI Navy and Marine Corps Internet NSA PC Naval Support Activity Panama City OEM Original Equipment Manufacturer OPSEC Operations Security OSHA Occupational Safety and Health

Administration PCO Procuring Contracting Officer

PII Personally Identifiable Information PM Program Manager PSC Product Service Code QMS Quality Management System SDS Safety Data Sheet(s) USN United States Navy

2.0 APPLICABLE DOCUMENTS

The following documents, of the exact issue shown, form a part of this SOW to the extent specified herein. In the event of conflict between the documents referenced and the contents of this SOW, the SOW shall take precedence. Second tier and lower references, (i.e., those referenced in the primary references) shall be used for guidance only.

2.1 Military Specifications: None

2.2 Military Standards: None

2.3 Other Documents: None

3.0 REQUIREMENTS

3.1 Evaluation Support

3.1.1 The contractor shall transport the forklift from NSA PC to its shop. The forklift will be provided as Government Furnished Equipment per statement of work paragraph 4.1.

3.1.2 The contractor shall evaluate the faulty hydraulic pump to determine the necessary level of effort to repair the pump.

3.1.3 Upon completion of the pump evaluation, the contractor shall prepare and submit an evaluation report that contains the estimated scope of repair, repair time, and estimated cost of repair. (CDRL A001).

3.1.4 The contractor may submit a separate report of any additional issues found during the inspection and/or teardown of the forklift. This report shall contain each problem/issue found and the complete estimated scope of repair, repair time, and estimated cost of repair for each problem/issue found. (CDRL A002).

Option 1: Repair Hydraulic Pump.

Option 2: Additional Repairs.

The decision to exercise the above options shall be based upon the judgment of the Contracting Officer. If the cost of repair(s) exceeds a predetermined threshold, or if the needs of the Government change, some or all options may not be exercised.

4.0 GOVERNMENT FURNISHED PROPERTY

4.1 Government Furnished Equipment (GFE)

The Contractor shall visit NSAPC within five (5) days after award of purchase order to transport the forklift for evaluation.

Item Part

Number Serial

Number John Deere Forklift 624KR N/A

4.2 Government Furnished Information (GFI):

None.

5.0 DATA DELIVERABLES

Data shall be provided in accordance with the Contract Data Requirements List (CDRL) DD Form 1423.

6.0 PERIOD OF PERFORMANCE

Base Period of Performance: The base service shall be completed no later than ten (10) weeks after receipt of award. The order will contain 2 option services. The options may be exercised solely at the discretion of the Government.

7.0 SECURITY

This task involves access to Controlled Unclassified Information (CUI). Performance under this contract shall NOT require access to nor generate CLASSIFIED information.

7.1 Release of Information

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

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

7.2 Controlled Unclassified Information (CUI)

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

7.3 Minimum Requirements for Access to Controlled Unclassified Information (CUI)

Access to CUI, user level access to DON or DoD networks and information systems, system security and network defense systems, and to system resources providing visual access and/or ability to input, delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information, requires security clearance eligibility, based on a Tier 3 Background Investigation, and a favorable adjudication by the Defense Counterintelligence and

Security Agency, Consolidated Adjudications (DCSA CAS), or Interim/Temporary access to CUI based on a determination by the NSWC PCD Security Manager based on a favorable review of an individuals completed Electronic Questionnaire for Investigation Processing (SF 86), and favorable FBI fingerprint results. Contact NSWC PCD Personnel Security (NSWCPCD_PERSEC@us.navy.mil) for initiation of the SF86 and FBI fingerprinting, the CUI determination, and validation that employees have the required eligibility, prior to providing access to CUI.

7.4 Minimum Protection Requirements for Controlled Unclassified Information

Security classification guides and unclassified limited documents (e.g., CUI, Distribution Statement Controlled) are not authorized for public release and, therefore, cannot be posted on a publicly accessible webserver or transmitted over the Internet unless appropriately encrypted.

7.5 CUI

CUI is a designation, not a classification. CUI is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material, which although unclassified, disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the FOIA. This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974, as amended. CUI must be marked, controlled and safeguarded in accordance with DoDI 5200.48, DoD Information Security Program: Controlled Unclassified Information (CUI).

7.6 Security of Unclassified DoD Information on Non-DoD Information Systems (DoDI

8582.01) DoD Policy

7.6.1 DoD Policy

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

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

7.6.2 Information Safeguards

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

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

mailto:NSWCPCD_PERSEC@us.navy.mil

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Current and regularly updated malware protection services, e.g., anti-virus, anti-spyware.

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

(3) Prompt application of security-relevant software patches, service packs, and hot fixes.

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

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

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

7.7 Operations Security

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

Critical information includes information regarding:

• Operations, missions, and exercises, test schedules or locations;

• Location/movement of sensitive information, equipment, or facilities;

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

• Capabilities, vulnerabilities, limitations, security weaknesses;

• Intrusions/attacks of DoD networks or information systems;

• Network (and system) user IDs and passwords;

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

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

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

• Practice OPSEC and facilitate OPSEC awareness;

• Immediately retrieve documents from printers accessible by the public;

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

• Protect information from personnel without a need-to-know;

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

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

8.0 GOVERNMENT AND CONTRACTOR RELATIONSHIP

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

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

(c) The Contractor is responsible for supervision of all Contractor personnel assigned to this

Task Order. The Contractor shall exercise ultimate over all aspects of Contractor personnel day-to-day work under this Task Order including the assignment of work, means and manner of Contractor employee performance and the amount of Contractor supervision provided. The Contractor shall be ultimately responsible for all aspects of performance under this Task Order including the work of its Contractor personnel.

Contractor personnel under this Task Order shall not:

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

(2) Be placed in a position of command, supervision, administration or control over

Government personnel, or over personnel of other Contractors under other NSWC PCD contracts, or become a part of the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

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

(d) Employee Relationship:

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

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

(e) Inapplicability of Employee Benefits: This Task Order does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this Task Order are not subject to the Federal income tax withholdings.

(2) Payments by the Government under this Task Order are not subject to the Federal

Insurance Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits under the

Social Security Act, as amended, by virtue of performance of this Task Order.

(4) The Contractor is not entitled to workman's compensation benefits by virtue of this

Task Order.

(5) The entire consideration and benefits to the Contractor for performance of this Task

Order are contained in the provisions for payment under this Task Order.

(f) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor Task

Order activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated.

(1) The Contractor should notify the Contracting Officer in writing promptly, within three

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

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

(i) confirm the conduct is in violation and when necessary direct the mode of further performance,

(ii) countermand any communication regarded as a violation

(iii) deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or

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

9.0 DISTRIBUTION LIMITATION STATEMENT

Distribution Statements and Warning Notices: The Contractor shall place the appropriate Distribution Statement on information associated/generated with this contractual effort, per the applicable Security Classification Guide, and carry forward the markings on documents provided by the government, along with the following statements on all technical documents/media, as applicable.

WARNING - THIS DOCUMENT CONTAINS TECHNICAL DATA WHOSE

EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (SECTION

2751 OF TITLE 22, UNITED STATES CODE) OR THE EXPORT CONTROL

REFORM ACT OF 2018 (CHAPTER 58 SECTIONS 4801-4852 OF TITLE 50,

UNITED STATES CODE). VIOLATIONS OF THESE EXPORT LAWS ARE

SUBJECT TO SEVERE CRIMINAL PENALTIES. DISSEMINATE IN

ACCORDANCE WITH PROVISIONS OF DOD DIRECTIVE 5230.25 AND DOD

INSTRUCTION 2040.02.

DESTRUCTION NOTICE - CLASSIFIED INFORMATION, DESTROY IN

ACCORDANCE WITH SECNAVINST 5510.36, (DON INFORMATION SECURITY

PROGRAM) OR NISPOM RULE. UNCLASSIFIED LIMITED DOCUMENTS, (E.G.,

CUI, DISTRIBUTION STATEMENT CONTROL) DESTROY PER DODI 5200.48.

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