Attachment 1 - Performance Work Statement.pdf

Attachment 1 – Performance Work Statement W9124L-26-Q-A001, Power Converter Maintenance

PERFORMANCE WORK STATEMENT 30th AIR DEFENSE BRIGADE CONVERTER’S, and PDU UNITS’ MAINTENANCE PROGRAM l.0 GENERAL SCOPE: This is a non-personal services requirement to provide preventive and corrective maintenance and repair of Solid State Frequency Converter’s, PDU’s,(SSFCs) and Power Distribution Units, (PDUs) for the 30th Air Defense Artillery (ADA) Brigade (BDE).

1.1 Background: The 30th ADA BDE School uses twenty (20) Hobart Ground Power

Systems, PoWerMaster® ADV series 500049 180kVA AC SSFC, nine (9) ITW/GSE Hobart Ground Power Systems, Hobart PoWerMaster® 2400 60SX240, 60kVA Solid State Ground Power Units (GPU), one (1) FCX systems, Inc. Model PFCC048-v-40-AM- 24P 200/115V, 400Hz, 60kVA SSFC, and forty (40) Wolf Power, PDU’s. Contractor shall provide preventive maintenance on a weekly, monthly, quarterly, semi-annually and on an on-call basis as described in the Performance work statement.to supplement the demand for high frequency (400Hz) electrical power needed to train and operate daily. The ADA School requires a service provider to perform the routine scheduled preventive maintenance and unscheduled corrective maintenance to repair its converter’s and PDU’s, reconfigure 400 Hz commercial power converters and PDU’s as needed to meet 30th BDE’s future modernization of the Air Defense Artillery’s technical tactical equipment.

1.2 Due to the high risk presented by the constant high voltage and the intricate nature of the Converter’s, and PDU’s the provision of weekly Converter, PDU maintenance and repair is required to be provided by personnel that specialize in the performance of the required tasks on this equipment.

1.3 Period of Performance: Period of Performance is a twelve (12) month base period with four (4) – one (1) year option periods:

Base Period: 1 June 2026 through 31 May 2027 Option Year One (1): 1 June 2027 through 31 May 2028 Option Year Two (2): 1 June 2028 through 31 May 2029 Option Year Three (3): 1 June 2029 through 31 May 2030 Option Year Four (4): 1 June 2030 through 31 May 2031

2.0 TECHNICAL REQUIREMENTS Contractor shall provide personnel, equipment, materials, and supervision necessary to conduct scheduled preventive maintenance, unscheduled corrective maintenance to ensure continued availability of high frequency (400Hz) electrical power and needed to prevent any disruptions to ADA school training and operations. The contractor shall perform the following checks and services and report all services on the monthly contractor report.

a. Weekly: Check and repair SSFC’s and PDUs as necessary. Intake filters shall be checked and cleaned and replaced as necessary. Verify and repair safety grounds.

b. Monthly: The Contractor shall run diagnostics, clean and service SSFC’s and PDU units, and repair as necessary using Contractor provided repair parts. Contractor shall sweep and ensure Converter, PDU’s and buildings are swept and free of debris.

c. Quarterly: Verify operational state of PDUs, diagnose and provide corrective solutions to COR for approval of repair cost. Verify grounding for safety of equipment and personnel.

d. Semi-annually: The Contractor shall check all connections on SSFC’s and PDUs and repair parts required for repairs will be procured by the contractor and separately invoiced to the assigned COR.

e. As needed: The Contractor shall be available for 24-hour emergency call-out Contractor(s) performing maintenance shall be available in an "on-call" basis within two (2) hours of notification. The primary work locations are Area 4100, Area 2760 and Area 2765, General Instruction Facility Areas, Fort Sill, Oklahoma 73503. The contractor shall perform fault isolation and repair of SSFC’s and PDUs per the applicable technical manual. Repairs shall be performed using Contractor procured and invoiced to the COR for all repair parts. All parts will be listed in the operation and maintenance manual of chapter 4. Contractor shall report within two (2) hours of notification. Load bank SSFC units will be used to ensure PDU’s produce 400Hz required for powering equipment. Contractor shall upgrade converters and the power output to the technical specifications required of the tactical equipment upon the Governments request.

f. Contractor shall provide a status report via email to the COR on any SSFC’s or

PDU’s that are verified to be non-operational within 24 hours and a daily status update for any SSFC or PDU in a non-operational status until repaired.

g. The contractor shall submit a copy of all repair parts invoices to the COR for verification before payment will be authorized.

2.1 The assigned Contractor shall comply with Installation Policies, 30th Brigade (BDE), Standard Operating Procedures (SOPs), and policies when performing any actions under this performance work statement (PWS) which are available in Building 1607, Fort Sill, Oklahoma 73503.

3.0 GOVERNMENT FURNISHED PROPERTY

3.1 The government will furnish the following SSFC’s and PDU units.

Description Part Number kVA (kilovolt-amps ampere)

Patriot PDU (40) Wolf Power WPP180 N/A Converter, PDU’s

(20) ITW/GSE Hobart PoWerMaster® ADV series

500049,180SX200

180kVA SSFC

Converter, PDU’s (9)

ITW/GSE Hobart PoWerMaster® 2400, 60SX240 60kVA SSFC

Converter, PDU’s (1)

FCX Systems, Inc. Model PFCC048-v-40-AM-24P 60kVA SSFC

*See Enclosure #1 for Converter’s and Power Distribution Unit (PDU) locations.

4.0 CONTRACTOR FURNISHED PROPERTY

4.1 The Contractor shall provide all tools, repair parts, and equipment necessary for the services performed under this contract.

4.2 The Contractor shall provide all publications such as technical manuals needed for services provided under this contract.

5.0 QUALIFICATIONS

5.1 Contractor personnel performing Converter, PDU unit maintenance and power distribution box services on behalf of the 30th BDE, ADA School shall have at least one year of experience in maintaining digital frequency Converter’s, PDU units and power distribution points.

5.2 Contractor(s) shall submit proof of relevant solid state frequency Converter, and PDU unit experience.

6.0 SPECIAL PROVISIONS

6.1 Contractor's employees shall comply with all rules and regulations of the installation, such as those concerning fire, safety, vehicle registration, wearing of vehicle seat belt, security of property and information, smoking and parking.

6.2 CONTRACTOR SAFETY: Contractor shall comply with all applicable federal, state and local codes and safety standards, including Army Regulation 385-10 – The Army Safety and Occupational Health Program. Contractor shall protect all Government property within the contract work area. Contractor shall report and investigate all mishaps (including near mishaps) and submit a report on every mishap to the COR within five (5) working days of mishap. Contractor shall ensure that subcontractors comply with Safety and Occupational Health (SOH) requirements and are informed of all SOH hazards, precautions and procedures.

7.0 NON-PERSONAL SERVICES: The Government and the Contractor understand and agree that the work described in this task order is a "Non-personal Services Contract" as defined in FAR Part 37.101. Therefore, it is further understood and agreed that the Contractor and/or the Contractor's employees:

a. The Contractor shall perform the services described herein as independent contractors, not as employees of the Government.

b. The Contractor shall NOT be placed in a position where they are under the supervision, direction or evaluation of a federal employee, military or civilian, but shall, pursuant to the Government's right to inspect, accept or reject work, comply with such general direction of the Contracting Officer or the duly appointed representative of the Contracting Officer as is necessary to ensure completion of the contract objectives.

c. The Contractor shall NOT be placed in a position of command, supervision, administration or control over DA military civilian personnel or personnel of other contractors or become part of the Government organization.

d. Further as this contract/task order does not create an employer-employee relationship, the entitlements and benefits applicable to such relationships do NOT apply. Such include, but are not limited to, federal income tax withholding, Federal Insurance Contributions Act (FICA), unemployment compensation and workman's compensation benefits by virtue of this contract/task order.

8.0 ORGANIZATIONAL CONFLICT OF INTEREST, The Contractor shall receive no privileged, proprietary, or otherwise sensitive information without the Government’s knowledge and without both the Government and Contractor implementing appropriate safeguards or agreements thereon. Contractors shall not divulge any information accessed and obtained during the course of performing this task to other Contractor staff or anyone outside the Government. Specifically, in addition to any organizational conflict of interest provision, contractor employees assigned to this project shall be required, prior to performance on contract start date to sign the following NonDisclosure Agreement (NDA) agreeing not to share any information or data with other contractor personnel not assigned to the project or, if assigned to the project, who has not signed an NDA. The company shall include with its submission of the Request for Quotation (RFQ), its plan to "firewall" these employees and enforce this provision (i.e., internal controls, training, etc.). Failure to adhere to these NDA safeguards may result in termination of contract. The Contractor shall identify any organizational conflict of interest clauses they or their subcontractors are subject to, current or within three years of federal government contract services, by providing, with their offer, a copy of the contract a description of the contract services performed, a contract number, a governmental point of contact, and a phone number for that point of contact.

SECURITY: The contractor shall be responsible for safeguarding all Government equipment, information, and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

The contractor shall prohibit the use of Government-issued keys/key cards by any persons other than the Contractor’s employees performing under this contract. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by 30th ADA BDE command staff, COR, or Alternate Contracting Officer Representative (ACOR)

The contractor shall ensure that all assigned personnel understand applicable Security policies and directives. Personnel who knowingly violate security policies or directives are subject to immediate removal from any work relating to this contract.

FACILITY CLEARANCE. All contractor personnel assigned to this task order shall be US citizens and shall be required to maintain active SECRET clearance throughout the period of performance.

The Contractor shall possess or obtain a clearance at the classification level of “SECRET” within 90 calendar days after hired and maintain an active SECRET clearance throughout the contract duration. Approved Interim clearances will be acceptable until the final clearance is adjudicated.

9.0 REQUIRED TRAINING: The following provides information on training requirements.

9.1 SECURITY TRAINING. All contractor employees will in-process with FCoE G32.

The contractor, to include any/all sub-contractors, shall comply with the security and training requirements IAW AR 380-5, AR 380-49, AR 380-67, AR 381-12, AR 525-13, and DoDM 5200.48, and any applicable FCoE policy or regulation. Incumbent contractor employees possessing current Security Training certifications upon contract start date will be considered to have met requirement for that specific training and not be required to complete re-training until expiration of existing certification. The FCoE Security Officer must receive all applicable security training upon initial completion and annually thereafter to valid security access.

Anti-Terrorism (AT) Level I Training: All Contractor employees, including subcontractor employees, who are employed under the contract, shall complete AT Level I Training within (30) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable after employment of new personnel. Contractor personnel travelling overseas shall complete area of responsibility (AOR) specific AT awareness training for U.S. based Contractor employees and associated subcontractor employees. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR (or to the Contracting Officer, if a COR is not assigned) within (3) calendar days after completion of this training by all employees and subcontractor personnel. AT Level I awareness training is available at https://jkodirect.jten.mil. Contractor personnel shall complete refresher training every twelve (12) months except AOR specific AT Level I training which shall be completed as required by local AT policies.

If training cannot be conducted on the website, the Contractor shall coordinate with the COR who will contact the local AT Officer at their assigned location for classroom training.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the AT Officer. Verification of the training shall be provided to the COR within one (1) calendar days after completion of the training.

9.2 OPSEC STANDING OPERATING PROCEDURE. The contractor shall adhere to OPSEC program requirements per AR 530-1, Operations Security. Contractors shall follow the FCoE OPSEC policies and regulations as required.

9.3 OPSEC AWARENESS TRAINING. Contractor employees requiring access to Government installations, facilities, and controlled access areas, will be required to have a current (unexpired) OPSEC Awareness Training certification. All contractor employees not possessing a current OPSEC Awareness Training certification will be required to complete Level I OPSEC Awareness training within 30 calendar days after the contract start date or effective date of incorporation into the contract, whichever is applicable, and annually thereafter. New employees shall be trained within 30 calendar days of their reporting for duty and annually thereafter. (IAW AR 530-1) The contractor shall make certificates of completion for each affected contractor employee and subcontractor employee available to the COR upon request.

Site:https://federation.eams.army.mil/pool/sso/authenticate/l/15?client_id=atis.okta.mil&non ce=42zddxZx2KPyiYieycTA24LSsGFZyT2&redirect_uri=https%3A%2F%2Fatis.okta.mil %2Foauth2%2Fv1%2Fauthorize%2Fcallback&response_type=code&scope=openid&state= NUFLTWVtR2hIMHZvWHYvSjFCbHEyWFR0dHlHaEsvS0JKQmF2bmZ5TisxcU1LUEI 0bTRFamMxMDIvQ0w2RzZDcg&u=https%3A%2F%2Fatis.okta.mil. Go to learning, click on ATIS Learning, continue with login of certificate, search the course catalog. If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training.

Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within one (1) duty day after completion of the training.

9.4 CONTROLLED UNCLASSIFIED INFORMATION (CUI). All contract

employees, to include sub-contract employees must complete DoD Mandatory CUI Training. CUI training is to alert personnel of different types of information that require application of controls and protective measures for a variety of reasons but not including those that qualify for formal classification. The contractor shall take CUI training while in-processing and annually thereafter. Incumbent contractor employees possessing current approved CUI training certifications upon contract start date will be considered to have met this requirement and not be required to complete re-training until expiration of existing certification. The contractor shall make the training certificates of completion available to the COR upon request. Site: Updated website to complete training https://securityawareness.dcsa.mil

If training cannot be conducted on the website, the Contractor shall coordinate with the COR, who will contact the local OPSEC Officer at their assigned location for classroom training. Contractor personnel completing training in the classroom will receive a certificate or the training attendance roster signed by the OPSEC Officer. Verification of the training shall be provided to the COR within one (1) duty day after completion of the training.

9.5 Counterintelligence (CI) Awareness and Reporting (CIAR). DoD Directive

5240.06 and the National Industrial Security Program Operating Manual (NISPOM) (32 CFR Part 117) mandate that DoD personnel and cleared industry report suspicious activities, contacts, and indicators of foreign intelligence, terrorist, or insider threats, covering interactions, unauthorized information handling, unusual behaviors (like unexplained wealth), and cyberspace activities to protect national security information.

9.6 Locally developed iWATCH Army training. Training will be conducted in person by the 30th BDE security manger NLT 30 days of contract being awarded.

9.7 SURVEILLANCE: The Government Contracting Officers Representative (COR) will receive complaints from Government personnel and pass them to the contractor's quality control inspector (QCI) for correction.

a. As determined by the Contracting Officer, a COR will be appointed and identified by letter of designation, a copy of which will be provided to the Contractor by the

Contracting Officer. The designation letter states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is not authorized to obligate the Government. If the work is not written in the contract, the COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor meets the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintains written and oral communications with the Contractor concerning technical aspects of the contract, issue written into the contract. The COR is not authorized to request new work. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies, coordinate availability of Government property, and coordinate site entry of Contractor personnel

10.0 STANDARD: Customer complaints shall not exceed the thresholds cited in paragraph 15 for each performance standard. The COR will notify the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions Commercial Items (May 2015) or the appropriate Inspection of Services clause, if any of the above service areas exceed the customer complaint thresholds.

10.1 PROCEDURES: Any Government employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives should immediately contact the COR. The COR will complete appropriate documentation to record the complaint. The COR will consider the customer complaint valid upon receipt from the customer until the complaint is reviewed by the COR and KO, and Contractor for validity. The COR will inform the customer of the approximate time the unacceptable performance will be corrected and advise the customer to contact the COR if not corrected. The COR will consider customer complaints as resolved upon correction of complaint and a inspection is conducted by the COR and KO. unless notified otherwise by the customer. The COR will verbally notify the Contractor's Quality Control Inspector (QCI) to pick up the written customer complaint. The QCI will be given one duty day after verbal notification to correct the unacceptable performance. If the QCI disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the QCI will notify the COR. The COR will conduct an investigation to determine the validity of the complaint. If the COR determines the complaint as invalid, he will document the written complaint of the findings and notify the customer. The COR will retain the annotated copy of the written complaint for his/her files. If after investigation the COR determines the complaint as valid, the COR will inform the QCI.

The QCI will be given an additional one duty day to correct the customer complaint the QCI shall return the written customer complaint document, properly completed with actions taken, to the COR, who will file the complaint for monitoring future recurring performance. Recurring customer complaints are not permitted for any of the above service items.

11.0 Deliverables: Deliverables shall be in the form of reports, briefings, courseware, IPRs and any other format appropriate to the specific initiative and as identified by the Government. The Contractor shall be responsible for delivering all items specified to the Government Contracting Officer’s Representative.

The following deliverables shall be submitted by the Contractor:

TITLE FREQUENCY/Format DUE DATE Submit to

Non-Operational Converter, PDU’s

Status Report Para 2.0(f)

As needed/ one (1) electronic or hard copy

24 hours after non-operational status identified.

COR

Itemized repair parts invoice Para 2.0(g)

As needed/ one (1) electronic or hard copy

Before Repair Authorization payment

COR

Safety Report Para. 11.0

After all Safety incidents / One (1)Hard

Copy and One (1) Electronic copy

NLT five (5) working days after incident

COR

Anti-Terrorism (AT) Level I

Training Para. 9.1

One (1) electronic or hard copy

(30) Calendar days from effective date of incorporation.

Annually thereafter

COR/KO

OPSEC Training Para. 9.3

One (1) electronic or hard copy

(30) Calendar days from effective date of employment.

Annually thereafter

COR/KO

CUI Training Para. 9.4

One (1) electronic or hard copy

(30) Calendar days from effective date of employment.

Annually thereafter

COR/KO

CIAR Training Para.9.5

One (1) electronic or hard copy

(30) Calendar days from effective date of employment.

Annually thereafter

COR/KO

iWatch Para. 9.6

One (1) electronic or hard copy

(30) Calendar days from effective date of employment.

Annually thereafter

COR/KO

Non Disclosure report

One (1) electronic or hard copy

(30) Calendar days from effective date of employment.

Annually thereafter

COR/KO

12.0 PERFORMANCE REQUIREMENTS SUMMARY

Duties include the successful accomplishment of these Critical Tasks:

PERFORMANCE

OBJECTIVE

PERFORMANCE

STANDARD

ACCEPTIBLE

QUALITY

LEVEL

REMEDY

AMOUNT

Weekly: Check Clean and service 95% free of A Corrective

Action Request

(CAR)

will be generated and placed into the permanent file and repair Converter, PDU’s customer Converter, PDU units, PDU’s and complaints / units. PDU’s repair as 95% of clean filters as necessary Converter’s, necessary and PDU units

Para 2.0a FMC on a weekly basis.

Perform monthly All diagnostics 95% free of A Corrective

Action Request

(CAR)

will be generated and placed into the permanent file.

checks are run, clean and customer

Para 2.0b service

Converter’s, PDU complaints /

95% of units and PDU Converter, and units, repair as PDU units necessary, Sweep FMC on a and clean monthly basis.

Converter, PDU units buildings

PERFORMANCE REQUIREMENTS

SUMMARY MATRIX

Perform quarterly All diagnostics 95% free of A Corrective

Action Request

(CAR)

will be generated and placed into the permanent file.

checks are run, clean and customer

Para 2.0c service

Converter’s, complaints /

95% of PDU units and Converter’s, repair as and PDU units necessary FMC on a quarterly basis.

Perform Semi- Check all 95% free of A Corrective

Action Request

(CAR)

will be generated and placed into the permanent file.

annual checks connections on customer

Para 2.0d Converter’s, and PDU units and complaints / 95% of repair as Converter’s necessary and PDU units FMC on a semi-annual basis.

24 hour Will be available An emergency A Corrective

Action Request

(CAR)

will be generated and placed into the permanent file.

availability for 24 hours a day maintenance emergency call- and will respond response time outs. within two hours of two hours to

Para 2.0e after being called for emergency begin troubleshooting services and repair of any NMC Converter’s, or PDU units.

Status reports Provide COR A Corrective

Action Request

(CAR)

may be generated and placed into the permanent

Para 2.0f with notification of NMC Converter, and PDU units, within 24hours. Provide status updates on any NMC Converter’s, and

PDU units or daily until repaired file

DEPARTMENT OF THE ARMY UNITED STATES ARMY FIRES CENTER OF

EXCELLENCE AND FORT SILL NON-DISCLOSURE AGREEMENT

I, , an individual official, employee, consultant, or subcontractor of or to (the authorized non-Federal entity), intending to be legally bound, consent to the terms in this agreement in consideration of being granted access to Controlled Unclassified Information, specified below.

Signer acknowledges the category or categories of information that they may have access to, and the signer’s willingness to comply with the standards for protection, by placing their initials in front of the applicable category or categories below:

Initials: Controlled Unclassified Information (CUI) Categories:

As used in this agreement and as defined in 32 CFR Part 2002, Controlled Unclassified Information (CUI) is information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy (LRGWP) requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information [Information that Executive Order 13526, Classified National Security Information, December 29, 2009 (3 CFR, 2010 Comp., p. 298), any predecessor or successor order, or the Atomic Energy Act of 1954, as amended, requires agencies to mark with classified markings and protect against unauthorized disclosure] or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency.

The LRGWP may require or permit safeguarding or dissemination controls in three ways:

(1) Requiring or permitting agencies to control or protect the information but providing no specific controls, which makes the information CUI Basic; (2) Requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified; or (3) Requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with CUI Basic controls where the authority does not specify.

I attest that I am familiar, and will comply, with the standards for accessing, disseminating, handling, and safeguarding the information to which I am granted access as cited in this agreement and in accordance with 32 CFR Part 2002, applicable LRGWP, and with the guidance provided to me by the Department of Defense, Department of the Army, or FCoE relative to the category of information.

I understand and agree to the following conditions for access to the information indicated above:

1. Non-disclosure: I agree to not disclose any CUI to which I am granted access to anyone who, or anything that, is not granted such access pursuant to an applicable lawful Government purpose. I understand my responsibilities to protect and not disclose CUI except for, and to people with, an appropriate lawful Government purpose. To ascertain whether someone or something is authorized access, pursuant to an applicable lawful Government purpose, to CUI that is under my control or in my possession, I will do so according to 32 CFR Part 2002, Department of Defense guidance, Department of the Army guidance, and applicable

LRGWP.

2. Scope of CUI: I understand that the CUI to which I am granted access includes any CUI I create or use on behalf of or for the Government, CUI I receive from the Government to maintain, handle, transmit, or use (for research, in derivative documents, etc.), or CUI originating from another source (such as CUI generated for the Government by a contractor or research entity).

a. CUI covered by this agreement includes but is not limited to: (1) data marked

Limited Distribution; (2) information marked CUI; (3) personnel data protected by the Privacy Act; (4) data, information and material (including software documentation and computer databases) of a technical, scientific, or government pre-deliberative nature;

(5) contractor proposals, acquisition plans, government cost estimates, draft statements of work, source selection plans, and evaluations of contractor proposals; (6) financial and management data used for contract award or administrative purposes; (7) test reports; (8) government requirements documents; (9) financial statements and reports;

(10) manpower reports; (11) planning, cost and program development documents, resources forecasts, Program Objective Memorandums, Program Budget submissions, Congressional Justification Books, President’s Budget Submissions, Program Budget Decisions, and Five Year Plans; and (12) computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled.

b. CUI does not include information that: (1) Has fallen into the public domain by operation of law or through no action of the undersigned in breach of this agreement or any other party’s breach in any other obligation of confidentiality owing to the Government or the owner of the CUI; (2) has been lawfully obtained by the recipient outside the course of performance of a Government contract; (3) has been properly licensed or provided directly by the owner (or other authorized source) of the CUI to the extent so licensed or provided; (4) is owned by the recipient or was developed independently of the disclosure hereunder; (5) has been used or disclosed by the recipient in response to an order of a court or administrative body of competent jurisdiction to the extent permitted by that authority; or (6) has been disclosed to the recipient by the Government who has explicitly authorized the recipient to use or disclose the information for another purpose, to the extent so authorized in writing.

3. Training: I acknowledge that I have undergone training concerning the nature and protection of the CUI to which I have been provided access, including procedures to follow in ascertaining whether other people to whom I contemplate disclosing this information are approved to access it pursuant to an appropriate lawful Government purpose, and that I understand this training and these procedures.

4. Security/control: I am obligated to protect CUI to which I am granted access from unauthorized disclosure, in accordance with the terms of this agreement, 32 CFR Part 2002, Department of the Army guidance, and the LRGWP applicable to the specific categories of CUI to which I am granted access.

5. Reporting breaches: I agree that I shall promptly report to appropriate officials, in accordance with the guidance issued for the applicable category of CUI, any unauthorized disclosure that I have knowledge of whether or not I am personally involved. I also understand that my anonymity will be preserved to the extent possible when reporting such violations.

6. Time: I understand that all conditions and obligations imposed upon me by this agreement apply during the time I am granted access to CUI, and at all times thereafter while such information remains controlled These conditions and obligations may no longer apply if I am explicitly released in writing by an authorized representative of Department of Defense, Department of the Army, or the United States Government.

7. Breach: If I violate the terms and conditions of this agreement, such violation may result in cancellation of my access to CUI, and, depending upon the LRGWP that governs the CUI, may result in civil and criminal sanctions. This may also serve as a basis for denying me access to other types of information under Department of the Army’s control.

8. Assignee: I assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of CUI to which I am granted access that is inconsistent with the terms of this agreement.

9. Remedies: This agreement is made and intended for the benefit of the United States

Government and may be enforced by the United States Government or the authorized nonFederal entity. By granting me access to CUI in this context, the United States Government may seek any remedy available to it to enforce this agreement, including, but not limited to, application for a court order prohibiting disclosure of CUI in breach of this agreement. I understand that if I violate the terms and conditions of this agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the LRGWP applicable to the category of CUI involved, and neither the United States Government nor the non-Federal authorized entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any CUI to which I have been given access under the terms of this agreement.

10. Severability: Each provision of this agreement is severable. If a court should find any provision of this agreement to be unenforceable, all other provisions shall remain in full force and effect.

11. Other agreements: My execution of this agreement shall not nullify or affect in any manner any other secrecy or non-disclosure agreement(s) that I have executed or may execute with Department of the Army, the United States Government, or any of its other departments or agencies.

12. Signing this agreement does not bar disclosures as required by superseding authorities of existing or future LRGWP.

13. I read this agreement carefully and my questions, if any, were answered. I acknowledge that Department of the Army has made available to me any agency guidance, LRGWP, or other laws, regulations, or directives referenced in this agreement so that I may read them at this time, if I so choose.

Acknowledgement

ACCEPTANCE:

Signature:

Signature:

DEPARTMENT OF THE ARMY UNITED STATES ARMY FIRES CENTER OF

EXCELLENCE AND FORT SILL NON-DISCLOSURE AGREEMENT

Typed/Printed Name: Government/Department/Agency/Business

Address Telephone Number:

Typed/Printed Name: Government/Department/Agency/Business Address

Telephone Number:

I make this agreement in good faith, without mental reservation or purpose of evasion.

PDU LOCATIONS ENCLOSURE #1

Convertor Unit # Converter Serial # Converter Location Convertor Output PDUs

1 308PS 14635 B4135 ECS/RS/ICC/LS 2 PDUs

2 308PS 14641 B4135 ECS/RS 1 PDU

3 308PS 14634 B4135 ECS/RS 1 PDU

4 308PS 14616 B4135 ECS/RS 1PDU

5 308PS 14636 B4135 ECS/RS 1 PDU

6 308PS 14294 B4135 ECS/RS 1 PDU

7 308PS 14277 B4132 ECS/RS 1 PDU

8 308PS 14275 B4132 ECS/RS 1 PDU

9 308PS 14295 B4132 ECS/RS 1 PDU

10 308PS 14296 B4132 ECS/RS 1 PDU

11 308PS 14276 B4132 ECS/RS 1 PDU

12 309PS 14617 B4132 ECS/RS/ICC/LS 2 PDUs

13 309PS 14661 B4137 LS (units are both connected in series to all 9

9 PDUs

(1-9) 14 309PS 14660

15 309PS 14643 B4140 LS (units are both connected in series to all 9

9 PDUs

(10-18) 16 308PS 14659

17 408PS 13917 Overhead Cover near B4102 ECS/RS/LS 2 PDUs

18 408PS 13899 Overhead Cover near B4102 ECS/RS/LS 2 PDUs

19 408PS 13878 Overhead Cover near B4102 ECS/RS/LS 2 PDUs

20 308PS 14642 Overhead Cover near B4102

ECS/RS/LS 2 PDUs