A5 SOW Redacted 1301185532.pdf

(Redacted)

STATEMENT OF WORK

FOR

NAVAL SURFACE WARFARE CENTER PANAMA CITY DIVISION (NSWC PCD)

FINGERPRINTING SERVICE

1.0 SCOPE

NSWC PCD, as part of the security requirements for employment, requires prospective employees and interns to submit electronic fingerprints using the Office of Personnel Management (OPM) approved Secured Web Fingerprint Transmission (SWFT) to support their background investigation. This Statement of Work (SOW) specifies Contractor requirements to provide live scan fingerprinting and file transmission.

1.1 Acronym List

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

AQL Acceptable Quality Level CDRL Contract Data Requirements List CFR Code of Federal Regulations COR Contracting Officer’s Representative DoD Department of Defense FAR Federal Acquisition Regulation FOIA Freedom of Information Act FBI Federal Bureau of Investigation GFE Government Furnished Equipment GFM Government Furnished Material iRAPT Invoice, Receipt, Acceptance, and

Property IT Information Technology

NDA Non-Disclosure Agreement(s) NSA PC Naval Support Activity Panama

City OPM Office of Personnel Management

OPSEC Operations Security PCO Procuring Contracting Officer PII Personally Identifiable Information PM Program Manager PSC Product Service Code SOW Statement of Work QAPP Quality Assurance Program Plan SWFT (a) Secured Web Fingerprint

Transmission QMS Quality Management System

TLS Transport Layer Security 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

(a) Secured Web Fingerprint Transmission (SWFT) Standards

(b) Office of Personnel Management (OPM) Standards

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

3.0 REQUIREMENTS

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

3.1 Fingerprinting Services

The Contractor shall, using SOW paragraphs 2.3(a) and 2.3(b) for guidance, provide electronic fingerprints for submission to the FBI and to the OPM and its successors by collecting fingerprints in the required format to meet SWFT and OPM standards. The Contractor shall provide a live scan fingerprinting solution that includes all equipment (i.e., hardware, software/firmware, facilities, personnel, services, security, support, and all other expenses) required in producing safe and secure electronic fingerprinting applicant services. The Contractor shall support nationwide (including United States territories) SWFT fingerprinting at existing Contractor locations for up to 190 personnel annually, averaging 16 scans per month throughout the period of performance. The Contractor shall submit fingerprints using the Office of Personnel Management (OPM) approved Secured Web Fingerprint Transmission (SWFT), for prospective new-hires who are geographically dispersed around the United States and its territories. Live scan fingerprinting shall allow NSWC PCD to receive the electronic fingerprint file in the required format to meet OPM SWFT requirements.

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

(Redacted)

3.2 Travel: None

3.3 Material Purchases: None

3.4 Status Reporting (CDRL A001)

The Contractor shall report status on a monthly basis.

4.0 GOVERNMENT FURNISHED PROPERTY

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

The base period of performance shall be as shown in attached documentation. The order will contain 4 option periods of 12 months each that may be exercised solely at the discretion of the Government.

7.0 SECURITY

This task involves access to individual electronic fingerprints, which are covered under the Privacy Act of 1974, as amended, 5 U.S.C. § 552a., which is Controlled Unclassified Information (CUI). Performance under this contract shall NOT require access to nor generate CLASSIFIED information.

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 contract shall 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.

7.1 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.

7.2 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 assessable 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)

(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 STATEMENTS

None

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