Attachment 1 PWS for HPB 03312026.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR THE

TRAINING AND EDUCATION COMMAND (TECOM)

HUMAN PERFORMANCE STANDARDS DEVELOPMENT AND SUPPORT

1. Background. Established in 2017, the mission of the Human Performance Branch (HPB) under Training Standards Division (TSD), is to be the service-level organization for development and implementation of policy, standards, guidance, and reporting of all matters related to general physical fitness, occupational fitness, performance nutrition, body composition, martial arts, water survival, and sports medicine/injury prevention based on requirements and direction from higher headquarters. HPB exercises its functions through broad coordination and collaboration with commands and agencies internal and external to the Marine Corps involved in similar responsibilities. This includes, but is not limited to, Semper Fit, Health Services, the Joint Staff, Office of the Secretary of War, other Services and various boards, bureaus, cells and working groups. Contractor support is necessary to support a variety of HPB responsibilities and initiatives to be on the forefront of physical, mental, spiritual and social fitness for the Marine Corps.

2. Scope of Work. TECOM TSD, HPB requires contract support to assist with technical, analytical and administrative support to TECOM for the development, revision, analysis and validation of physical readiness testing, revision / development of physical fitness policies, doctrine, publications, social media content and training standards of the Marine Corps Physical Fitness Programs (MCPFP) and related functions of the Marine Corps Total Fitness (MCTF) strategy.

3. General Requirements.

3.1 Work Location. Primary work location will be contractor provided space. Government provided space and workstations will be provided on an as needed basis.

3.2. Period of Performance. The period of performance for this contract shall be for a seven (7) month base period, plus four (4) option periods of 12 months each, with an option to extend services, but the total extension of performance shall not exceed 6 months.

3.3 Security. The Contractor is not required or expected to have a Facility Clearance and Contractor personnel supporting this effort are not required to possess Personnel Clearance Levels.

3.3.1 The Contractor will not require direct access to classified data systems or materials in support of this contract. The information provided to the Contractor will be unclassified and/or sensitive unclassified information.

3.3.2 Contractor employees performing on this contract will require Common Access Cards (CACs) in order to perform their job function. In accordance with Headquarters, United States Marine Corps issued guidance relative to Homeland Security Presidential Directive – 12 (HSPD-12), all personnel must meet eligibility criteria to be issued a CAC. Contractor CACs are issued with a “ctr@usmc.mil” e-mail account that the individual contractor is responsible to keep active by logging in on a regular basis (at least once per month), sending an e-mail and clearing any unneeded e-mails.

3.3.3 Contractors are prohibited from “forwarding” their (.mil) e-mail account to their (.com) or any other e-mail / item account. CACs will only be issued to those contractors supporting this contract that have been authorized by the Contracting Officer’s Representative (COR). The COR will only authorize CACs for those contractors that meet current Homeland Security Presidential Directive – 12 (HSPD-12) criteria and have a definitive requirement. CACs are not issued for convenience but for meeting the requirements and tasks identified in the contract position of work statement.

3.2.4 All information related to this effort must remain on the Marine Corps Enterprise Network (MCEN) unless proper approvals have been made by the government.

4. Performance Standards.

4.1 The Contractor will provide the necessary resources to manage and administer this requirement and to facilitate communications between TECOM leadership and stakeholders involved in the requirement efforts. The Contractor will identify a Program Manager who will coordinate requirement activities with the COR and Government principals. The name of this person must be designated in writing to the COR, within ten (10) business days from date of contract award. The Program Manager will have full authority to act for the Contractor on all contract matters relating to this requirement. At all times, the Contractor will be responsible for the actions of its teaming partners and subcontractors. The Contractor is responsible for performance quality (e.g. Quality Assurance Surveillance Plan (QASP) compliance), and deliverables associated with the contract. At no time shall any information be subcontracted, farmed, reviewed, analyzed, or processed by any company owned or operated by a foreign nation, or by personnel that are foreign nationals. All labor is to be performed by U.S. owned and operated contractors and their subcontractors must also be U.S. owned and operated. The prime contractor will inform all subcontractors of this limitation and requirement.

4.1.2 This effort is non-personal services. The Government shall neither supervise contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to or prepare work schedules for individual contractor employees. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, the Contractor’s must immediately notify the Procuring Contracting Officer (PCO).

4.2 Government Responsibilities and Interface. The COR will have technical oversight and will execute responsibilities related to performance, deliverables acceptance, invoice certification, and coordination of work effort. The Regional Contracting Office (RCO) Procuring Contracting Officer (PCO), Admin KO will interface with the Prime Contractor’s representative for payment and administration issues.

4.3 Applicable References. The Contractor will primarily use the below Human Performance Marine Corps and TECOM Orders / references to extent necessary to accomplish the tasks as stated in this requirement. The most recent revision of the references shall be used unless otherwise specified. If during the execution of this requirement the Government uncovers the need for additional references or changes to cited references, the Government will provide these to the Contractor.

1. MCO 6100.14, Marine Corps Physical Fitness Program

1. MCO 1500.62, Force Fitness Instructor Program

1. MCO 6100.13, Marine Corps Physical Fitness and Combat Fitness Tests

1. MCO 6110.3, Marine Corps Body Composition and Military Appearance Program

1. MCO 1500.52, Marine Corps Water Survival Training Program

1. MCO 1500.59, Marine Corps Martial Arts Program

1. Reference Publication (MCRP) Marine Corps Physical Fitness

1. Reference Publication (MCRP) Marine Corps Martial Arts

1. Reference Publication (MCRP) Marine Corps Water Survival

1. Reference Publication (MCRP) Marine Corps Spiritual Fitness

1. OPNAVINSTR / MCO 6400.2 Scope, Procedures of an Athletic Trainer

1. DODI 1300.03

1. TECOMO 6260 USMC Sports Medicine and Injury Prevention Program

1. DODI 3216.02, Protection of Human Subjects and Adherence to Ethical Standards in DoD Supported Research, November 8, 2011

4.4 Data Protection. The Contractor will be required to comply with applicable Human Research Protection Program policy guidelines and directives in support of this requirement including, Defense Federal Acquisition Regulation Supplement (DFARS) section 252.235-7004.

4.4.1 The Contractor is informed and acknowledges that criminal penalties under section 1106(a) of the Social Security Act (42 USC 1306(a)), including possible imprisonment, may apply with respect to any disclosure of information in the file(s) that is inconsistent with the terms of the agreement. The Contractor further acknowledges that criminal penalties under the Privacy Act (5 USC 552a(I)(3), as amended) may apply if USMC determines the Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

4.4.2 The Contractor will generate, collect, distribute and manage records in accordance with the Privacy Act of 1974 (PL93-79), as amended, at all times. The Contractor must ensure compliance with references (a) through (j) as they pertain to non-Governmental holders or users of the data.

4.4.3 The data may be used only for the purposes defined tasks in projects or scientific analyst support approved by the Marine Corps. The data may be used only by personnel authorized to maintain, participate and assist in Contractor efforts that have been approved by the Marine Corps including DoD civilian/military personnel, Contractor employees or Contractors working on Contractor projects under this effort. The Contractor will ensure strict compliance with the DFARS requirements set forth in 252.235-7004 to submit all research protocols and exemption determinations for review and approval by a designated DOD/Marine Corps HRPO. Furthermore, when directed by the COR, the Contractor will be required to comply with MCO 5300.18, the Marine Corps Survey Order.

5. Contractor personnel requirements

5.1 The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default and/or Termination for Cause clause.

5.2 The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the continuity of essential Contractor services during designated operations, unless, after approval from the Contracting Officer, Contracting Officer's representative, or local commander, the Contracting Officer directs withdrawal due to security conditions.

5.3 The Contractor shall ensure that Contractor personnel follow the guidance of the PWS and any specific Commander guidance on reporting offenses alleged to have been committed by or against Contractor personnel to appropriate investigative authorities.

5.4 Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to appropriate U.S. Government authorities at the end of their deployment (or, for non- CAAF, at the end of their employment under this contract).

6. Specific Services. The Contractor will provide technical, analytical and administrative support for the development and sustainment of the Marine Corps physical fitness programs and related functions of the Marine Corps Total Fitness Strategy. The Contractor will provide overall expertise for successful completion of these tasks. The Contractor will provide a Plan of Action and Milestones (POA&M) brief to the COR NLT 14 business days after contract award, quarterly updates, and an annual recap over the contract period.

6.1 Analysis and Assessment –the Contractor, in collaboration / coordination with TECOM HPB personnel will support the development, modification, validation, and analysis of physical fitness programs and readiness e.g. (MOS Specific Physical Standards MSPS, Physical Fitness Test (PFT)/Combat Fitness Test (CFT), Initial Strength Assessment (ISA) and MOS Classification Standards (MCS) tests). The Contractor will:

6.1.1 Prepare, review and provide data analysis findings including collated data with trend analysis reporting to TECOM / HPB. Standard suspense for task is due to the COR and designated HPB government leads as agreed upon date after assignment. Urgent tasks may require a response within 24 hours.

6.1.2 Develop methodologies and tools to validate current requirements and assist in the modification and /or development of new requirements.

6.1.3 Recommend courses of action (COA) for proposed changes and impacts to selected tests based on analysis findings.

6.1.4 Support development of executive based briefs, information papers, policy and other high-level materials.

6.1.5 Monitor physical readiness programs, to include the Physical Fitness and Combat Fitness Tests, the Marine Corps Water Survival Program, Marine Corps Martial Arts Program, Force Fitness Instructor Program, Sports Medicine and Injury Prevention Program, Body Composition Program, and Resiliency, to TECOM Leadership as requested by the COR.

6.1.6 Support the development of Measures of Effectiveness (MOE’s) to align mission objectives to the achievement of desired results. Ensure the MOE’s relating to performance, are simple, testable, complete, easy to measure, and state any time dependency and environmental conditions. Ensure the MOE’s can be measured quantitatively.

6.1.7 Support the initiation of program modifications and then analyze the impact of new policies and analyze the program goals against the identified MOE’s.

6.1.8 Support the use of Artificial Intelligence (AI), Power BI, Power Automation and other data driven platforms to create interactive visualizations in reports and dashboards.

6.2. Policy and Doctrine. The Contractor will support the development and review of physical fitness policies and measures of effectiveness. The Contractor will:

6.2.1 Support the development of proposed policies for Government review with administrative support to include writing, editing, and drafting.

6.2.2 Support the use of DON-ETMS2 with access to draft and review required tasks.

6.2.3 Participate in working group meetings and provide in progress reviews (IPRs), as requested by the Government project Lead on status of requirement.

6.2.4 Draft high-level briefings, information papers, and graphics solutions for general officer/Senior Executive Service (SES) and Department of Navy briefings.

6.2.5 Support the creation, revision and maintenance of manuals, guidebooks, and handbooks (e.g. Training and Readiness manuals, Pregnancy / Post Partum Guidebook, MOS Manuels) that support the Marine Corps Physical Fitness Program mission and Resiliency initiatives through authorship and completion of required training.

6.2.6 Support the development of Marine Corps doctrine to include Tactical and Reference Publications through the planning, research, writing, submission, and publication processes,

6.2.7 Support the Human Performance communication strategy initiatives to include but not limited to the Human Performance website, social media platforms and other forward-facing initiatives to the general public

6.2.8 Support the review and response process of the Force Fitness Organizational Mailbox.

6.2.9 Support the use of Artificial Intelligence (AI), Power BI, Power Automation and other data driven platforms in the development of writing policy and doctrine.

6.2.10 Support the review and maintenance of Training and Readiness Manuals for compliance to policy of:

(a) Body Composition (BCP) program

(b) Common Skills

(c) Force Fitness Instructor (FFI) program

(d) Martial Arts Instructor (MAI) program

(e) Military Occupational Specialty Specific Physical Standards (MSPS)

(f) Physical Fitness / Combat Fitness Test (PFT / CFT)

(g) Water Survival Instructor (WSI) program

7. Contractor Qualification and Experience. The Contractor is responsible for providing personnel with the expertise and knowledge required to perform the services of this PWS. The contractor is required to provide personnel with good communications skills; both verbal and written; as there will be considerable interaction with military, and civilian. The Contractor shall take all necessary steps to assure that all contractor personnel who are selected for assignment to the resulting contract are persons of professional and personal integrity, trust, and meet all other requirements stipulated herein.

7.1 Contractor personnel must have documented professional knowledge of Marine Corps leadership and culture, Marine Corps Total Fitness, Resiliency and Spiritual Fitness, physical fitness standards, and job-related physical performance standards from entry-level (1000-level), core plus (2000-level), and the collective/unit training (3000 +) T&R Manual standards.

7.2 Contractor personnel must have documented experience conducting human subjects research protocols and Marine Corps survey policy.

7.3 Contractor personnel will have documented and established knowledge of Marine Corps Physical Fitness Programs and the Marine Corps Total Fitness Strategy.

7.4 Contractor personnel will have documented professional experience with collection, organization, analysis, and interpretation of statistical data.

7.5 Contractor personnel will have documented and professional experience with biomechanics; strength and conditioning; sports medicine, dietician principles; fatigue and sleep management; exercise and data science are required.

7.6 Contractor personnel will be familiar with the Marine Corps training and education pipeline, method and processes. Contractor personnel must be capable and effective in a military staff environment that requires coordination within TECOM enterprise and with external commands and organizations. The Contractor must be familiar with and adhere to established command and staff procedures, especially those involving staff coordination and chain of command.

8. Deliverables. The Contractor willl provide all documents and other deliverables required by this PWS to the Contracting Officer’s Representative (COR) for review using best commercial practices for quality. Unless otherwise agreed to by the parties, the Government will provide written acceptance, comments, and/or change requests, if any, within fourteen business days from receipt of any formal deliverable. If written acceptance, comments, and/or change requests are not provided within fourteen business days, the deliverable shall be deemed acceptable as written by the Contractor. If the Government provides comments and/or change requests, the Contractor shall have ten business days from receipt of the government correspondence to incorporate the comments and/or change requests and resubmit the deliverable. Unless otherwise directed by the COR, the Contractor shall provide all deliverables in electronic form using MS Office applications with additional hard copies as requested. The Contractor will provide a Plan of Action and Milestones (POA&M) brief to the COR NLT 14 business days after contract award, quarterly, and annually over the contract period.

8.1 The Contractor will submit a monthly report to the COR. The report will be due no later than the last day of the following month for the work accomplished from the first (1st) day through the final work day of the previous month. It shall contain a detailed status of all tasks, clearly identifying the relevant PWS task to the work performed or to be performed. This report shall be provided in electronic form using MS office applications, with additional paper copies as requested by the COR. The monthly report shall include, at a minimum the following:

- Contractor’s name, contract number, reporting period

- Work accomplished for the month and it’s relation to contract deliverable, PWS task requirement(s)

- Deliverables accepted or rejected, inclusive of the final day of the month to include early, on time, or late submittal of products with a brief explanation provided for late submittal rejection and timeline for resubmission;

- Name and contact information of the Government representatives who received the support/products identified within the technical requirements.

- Meeting minutes over the reporting period including meeting date, attendees, discussion items, action items

- Projection of significant work to be accomplished during the upcoming 30-day period

- Description of any concerns or issues that may impact performance, schedules, or functionality etc. with proposed resolutions

- Significant changes to the Contractor’s organization

- Financial milestones (authorized payment, current period and cumulative expenditures, total invoiced, and remaining balance)

8.2 Deliverables are identified within the Tasks and/or are summarized within this PWS. Execution of the PWS tasks will frequently yield deliverables in the form of, but not limited to, reports, papers, and presentation packages such as PowerPoint briefings, slides, computations with backup information, databases and database-related items, website and website-related items, graphics, visual aids, and meeting minutes. Reports shall contain information in sufficient detail to ensure that a professionally qualified third party can follow the logic of the report(s). The Contractor shall provide all documents to the COR for review using best commercial practices for quality.

8.3 Decision briefs to the COR, and selected TECOM staff will be on an as necessary basis. The Contractor willl provide other reporting and documentation as are requisite to the task activities of this task order such as trip reports, meeting agenda, meeting minutes, and briefs. These shall be provided to the COR within five (5) days of conclusion of the event or on a date TBD by the COR.

CHART 1:

8.4 Unless otherwise directed by the COR, all documents produced or revised by Contractors or developed through Contractor participation must be marked as "Contractor generated documents" or otherwise identified in a manner that discloses the Contractor's participation.

9. INTELLECTURAL PROPERTY, USE OF DATA, INFORMATION AND MATERIALS

All reports, materials (including, but not limited to, all reports including any associated charts, graphs, and/or other media methods; briefings; design, development, implementation, sustainment and change recommendations; lessons learned, analyses/evaluations and analyses/evaluation criteria and other related items; all training and training-related materials including, but not limited to, all SOPs, lessons learned, analyses/evaluations and analyses/evaluation criteria; on-line course materials, computer software/applications and hardware, source code, interfaces, tools, works, and other related items), data, information, and all electronic/digital files and other items described herein, and any other items that are first created, generated, or produced and required to be delivered under, or as a result of, this PWS shall be provided to the U.S. Government/Marine Corps with the highest level of intellectual property/data rights provided by the applicable DFARS data rights clauses and the terms and conditions of this contract.

9.1 General. The Contractor shall provide deliverables pursuant to the terms and conditions of this contract. All data, items, materials, and works developed, created, generated, or produced by the Contractor or its Subcontractors and required to be provided or delivered, regardless of format or medium of expression, shall be the property of the Government and solely owned by the Government. The Government shall have unlimited rights in the data, items, materials, and works developed, created, generated, or produced by the Contractor or its Subcontractors under this contract. The Government’s unlimited rights license shall be perpetual, irrevocable, and royalty free. Data, items, materials, and works developed, created, generated, or produced by the Contractor or its Subcontractors that are required to be provided or delivered to the Government may include, but is not limited to information, reports, summaries, analyses, products, reviews, documentation, budgets, agendas, procedures, diagrams, software, briefings, advisories, records, surveys, policy, training, requirements, references, curriculum, presentations, and any works as the term is defined in DFARS 227.7106 (Class Deviation 2026-O0036). The Contractor shall deliver all contract data, items, materials, and works developed, created, generated, or produced by the Contractor or its Subcontractors and all associated intellectual property, completed or in progress, to the Government, if not already delivered, upon contract completion, or when directed by the COR. At time of delivery, ownership of the data, items, materials, and works vests in the Government. The Government’s unlimited intellectual property rights in all contract data, items, materials, and works developed, created, generated, or produced by the Contractor or its Subcontractors vests when the data, items, materials, and works are created or fixed in a tangible medium of expression.

9.1.1 To the extent the scope of Government’s use of third-party intellectual property rights may be dependent on contract/license terms the contractor negotiates with third parties, the contractor will ensure such third-party contract/license terms provide the Government all necessary rights and licenses to accomplish the Contract effort worldwide, including but not limited to providing the Government with unrestricted, royalty-free, and perpetual use of the third party’s intellectual property necessary for the Contract effort.

9.1.2 Compilation Works that include newly created and/or third-party intellectual property are assigned to the Government as a compilation work.

9.1.3 The Government shall have unrestricted access and use of all deliverables upon delivery and the Contractor shall provide the Government with intellectual property rights of sufficient scope to allow unrestricted access and use of the data, items, materials, and works, and other deliverables for future competitions or acquisitions. Moreover, the Contractor shall distribute data in the forms and quantities to the COR in accordance with the deliverables section of this contract.

9.1.4 The contract includes all applicable DFARS clauses (including, but not limited to, DFARS 252.227-7989 and -7990) to ensure protection and ownership of all technical data and other items generated. The Contractor shall provide all deliverables in a version, format, and media used/useable and modifiable by the Government. For this effort, deliverables will be provided in the format specified in the contract.

9.1.5 Unless intellectual property rights are licensed (and approved by the Contracting Officer (CO)) to provide all necessary rights and permissions to accomplish the effort/mission worldwide to the U.S. Government/Marine Corps, the Government shall be the sole owner of all intellectual property and other rights in or to the data, items, materials, and works delivered under this contract. Therefore, any restricted data rights, information, software, materials and/or other items, including the Contractor’s or a third-party’s proprietary data, information, software, materials and/or items, shall not be used under this Contract without the specific written approval by the CO prior to the start of any work that includes the use of any such restricted use data, items, materials, and works.

9.2 Management/Acquisition of Contractor and Third-Party Software Licenses:

9.2.1 All third-party software licenses the Contractor provides under this contract shall be transferable to the Government, shall not conflict with Federal law, and will meet the Government’s requirements under this contract. The Contractor shall obtain the CO’s concurrence prior to proceeding with any software and license acquisition in connection with this contract. Prior to the Contractor’s either (i) acquisition of any license to furnish the Government pursuant to this contract, or (ii) provision of any third-party license to the Government pursuant to this contract, the Contractor shall submit the license to the CO and Contracting Officer’s Representative (COR) for review and acceptance. If the CO determines license provisions are inconsistent with Federal law or regulation, the Contractor shall negotiate changes with the software vendor at no additional cost to the Government. Thereafter, the contractor shall submit the software and revised license to the CO and COR for review and acceptance prior to the delivery of the software and license to the Government. If the contractor is unable to negotiate changes that are acceptable to the Government, the contractor shall notify the CO and COR immediately.

9.2.2 Licenses or Terms and Agreements for third party software the contractor acquires in connection with, or furnishes under, this contract shall not include the following:

9.2.2.1 Indemnification by the Government. See 31 USC § 1341.

9.2.2.2 Representation by any party of the United States or its Interests by any entity except the Department of Justice (DOJ). Only DOJ has authority to represent the United States or its interest in litigation, including but not limited to any Intellectual Property, Patent, and Copyright litigation concerning the Government. See 28 USC § 516.

9.2.2.3 Jurisdiction or venue outside United States Federal Courts or governing law that is not the laws of the United States of America. Any and all license terms and agreements will be governed, interpreted and enforced in accordance with the laws of the United States of America. See 41 U.S.C. Chapter 41; FAR 52.212-4(d).

9.2.2.4 Binding arbitration.

9.2.2.5 Automatic renewal of the license. See 31 USC 1341.

9.2.2.6 Any order of precedence except for FAR 52.212-4(s).

9.2.2.7 Any Audit Clause except the following: "upon conclusion of the license and upon written request of the licensor, the government will provide a certificate of compliance duly executed by an official with authority to provide such certification."

9.2.2.8 Any warranty except for that provided in 52.212-4(o). The software shall be warrantied under 52.212-4(o) for a period of 180 days.

9.2.2.9 Termination rights belonging to the licensor or the Contractor that do not require prior consent of the Government.

9.2.2.10 Click licenses or click terms akin to those described in FAR 52.212-4(u).

9.2.2.11 Terms that do not comport with installation or mission requirements.

9.2.3 Embedded Third Party Software. The Contractor will ensure any third-party software and applicable third-party software provided to the Government under this contract meet the terms set forth throughout this Section 9. INTELLECTURAL PROPERTY, USE OF DATA, INFORMATION AND MATERIALS, including but not limited to the submission of applicable license terms and software to the CO for review and concurrence.

9.2.4 All databases, analyses, evaluations, papers, training- or curriculum-related materials, studies, applications, information, programming code, instructions, reports, studies, Works, materials, Items, and anything else developed in regard to this contract are the property of the Government and may not be reused without prior written permission of the Government. Likewise, presentation of these Items/Works to the general public or any third party is prohibited without written permission of the Government.

9.2.5 Publicity and Marine Corps Brand. Neither the Contractor nor its Subcontractors are authorized to use, modify, reproduce, or display Marine Corps branding, copyrights, trademarks, or other intellectual property without prior written authorization from the CO.

9.2.6 The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

9.2.7 Compliance with this Section 9. INTELLECTURAL PROPERTY, USE OF DATA, INFORMATION AND MATERIALS is a material requirement of this contract.

9.3 Access to Proprietary Data or Computer Software:

(a) Performance under this contract may require that the Contractor (through the Government or otherwise) to have access to technical data, computer software, or other sensitive data or information of another party (including an affiliated party) who asserts that such data or software is proprietary or its use is otherwise restricted. Therefore, the Contractor must comply with DFARS 252.227-7994 when appropriate. If access to such data or software is required and needs to be provided, the Contractor shall enter into a written agreement (NDA) with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary (or restricted). In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer prior to the start of any work under this effort. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data as to the restrictions under which access is granted; (2) not disclose the data to another party or other Contractor personnel except as authorized by the above-described NDA and the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data to any other party, including, but not limited to, joint venture, affiliate, successor, or assign of the Contractor; and (5) reproduce any restrictive stamp, marking, or legend on each use of the data whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor will include this requirement in subcontracts of any tier which involve access to information covered by this Section 8, substituting "subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

10. Quality Assurance and Performance.

10.1 The Government shall monitor contractor performance in accordance with the Quality Assurance Surveillance Plan (QASP).

10.2 The contractor shall develop a Quality Control Plan (QCP) as a means for gauging overall effectiveness of performance. The contractor shall provide their QCP to the COR within thirty (30) days of award for review and comment.

10.3 Performance Requirement Summary (PRS). Performance of a service will be evaluated to determine whether or not it meets the performance standard. Inspections may be performed by the COR or any tenant of the facilities designated by the COR. Re-performance/correction of action is the preferred method of correcting any unacceptable services8 If an unacceptable service is annotated on a Contract Discrepancy Report (DA Form 5479-R), the contractor shall provide the Government written response stating why the performance standard was not met, how the performance will be returned to acceptable levels, and how recurrence of the cause will be prevented in the future.

CHART 2

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Upon initial submission (within 14 days of award), reviewed quarterly, and updated as required over the contract period.

Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

Quarterly as soon as possible (ASAP) but NLT the end of the following month Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

Annually ASAP but NLT the last day of January Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

Due ASAP but NLT the last day of the of the month following the completion of a quarter Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

Due ASAP but NLT the last day of October Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

Due to COR and designated HPB government leads as required Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

Due to COR and designated HPB government leads ASAP but NLT the last day of the following month upon completion of data collection Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

As required Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

As required Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

Due to COR and designated HPB government leads NLT 60 days after completion of the T&R conference Re-accomplish at no additional cost to the government.

Consequential impacts to timelines and performance may warrant financial consideration, negative CPARS entry or contract termination.

11. Meetings. Periodic meetings involving the Government and the Contractor may be necessary to facilitate or report progress, documentation, and analytical support efforts. Date, time, and location for these meetings will be determined by mutual agreement between the Contractor and COR. Minutes of these meetings will be provided by the Contractor to the COR within five (5) days of conclusion of the event.

11.1 Post-award Kick-off Meeting. The Contractor will schedule and conduct a post-award kick-off meeting within seven (7) days of the task order award. The purpose of this meeting is to ensure the Contractor, and the Government understand their roles and responsibilities, to validate understanding of the requirement (including external influences and missions), and to establish a schedule for updates and communications.

11.2 In-Progress Review (IPR). The Contractor shall participate in IPRs as requested, by the COR to review progress of the requirement.

12. Government furnished materials, equipment, property and services.

12.1 Government provided space and access will be provided on an as needed basis. The Government will not furnish computers and related peripherals.

13. Contractor furnished materials, equipment, property and services.

13.1 The Contractor must have access to the Government network via a (.ctr@usmc.mil) address in order to gain access to the Government required information for analysis. Contractor personnel shall obtain U.S. Government issued Common Access Cards (CAC) including a (.ctr@usmc.mil) email address in order to access required network sites. Contractor personnel must be eligible for a CAC card at time of award.

13.2 The Contractor will provide each employee with an identification badge, which identifies by photograph the individual as an employee of the Contractor. These badges shall be worn at all times and presented for examination upon the request from the Contracting Officer, COR, QA Personnel, Military Police or any other Government official with a need to see the badge. All Contractor personnel attending meetings, answering Government telephones, communicating by email, working on site, where their contractor status is not known to third parties, must identify themselves as Contractors, to include wearing ID badges, which identify them as Contractor personnel. Contractor personnel shall also ensure that when logged onto Government equipment that their profile shows them as Contractor personnel. Unless otherwise directed by the COR, all documents produced or revised by Contractors or developed through Contractor participation must be marked as "Contractor generated documents, the U.S. Government’s rights to use are unrestricted" or otherwise identified in a manner that discloses the Contractor's participation, and the Government’s rights to use such documents (if less than unrestricted).

13.3 The Contractor will furnish materials and equipment to include MCEN-approved computers and related peripherals necessary to accomplish the required task require.

14. Service Contract Reporting (SCR) (NMCARS 5237.102-90).

14.1 Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM/.

14.2 Inputs for the labor will be executed as required for fiscal year (FY) and calendar year based on the reporting requirement. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM/.

15. Period of Performance. The period of performance of this effort will be a base period, followed four, twelve months options from the date of award.

END

DISTRIBUTION: DoD COMMUNITY ONLY