C14 - Redacted SOW.docx

STATEMENT OF WORK

FOR

SEAL DELIVERY VEHICLE (SDV) MK8 REGULATOR, COMPRESSOR

(PURCHASE REQUEST # 1301062173)

1.0 SCOPE

The Naval Surface Warfare Center Panama City Division (NSWC PCD) has a requirement for procurement, test, cleaning, individually packaging, and delivery of thirty (30) SDV MK8 regulators.

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 herein and the SOW, this SOW shall take precedence.

2.1 Military Standards: MIL-STD-1622

2.2 Military Specifications: None

2.3 Other Documents:

a. NAVSEA Drawing 8437059, Rev D01, Poseidon Xstream Deep MK3 Regulator

b. NSWC PCD Pre-Installation Test B-328, Rev. -

3.0 REQUIREMENTS

The Contractor shall provide all labor, equipment, parts, and consumables required to deliver thirty (30) MK8 regulators in accordance with all the Notes and requirements on NAVSEA Drawing 8437059, Rev D01. Any deviation without prior approval will result in rejection. The CAGE Code on the NAVSEA Drawing 8437059, Rev D01 is for Scuba.com, not Poseidon; the part must be from the manufacturer, Poseidon and the part number is 0110-000. Each regulator, compressor shall be individually wrapped, boxed, labeled, and shipped to NSWC PCD.

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 material shall be completed no later than eight (8) weeks after receipt of award.

7.0 SECURITY

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

7.1 Release of Information

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

b) All technical data provided to the Contractor by the Government will 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 may not be disclosed by any means without prior approval of the appropriate NSWC PCD authority. Dissemination or public disclosure includes, but is not limited to, permitting access to such information by foreign nationals or by any other person or entity; publication of technical or scientific papers; advertising; or any other proposed public release. The Contractor shall provide adequate physical protection to such information to preclude access by any person or entity not authorized such access by the Government.

7.2 Controlled Unclassified Information (CUI)

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

7.3 Minimum Requirements for Access to Controlled Unclassified Information (CUI) Prior to access, Contractor personnel requiring access to Department of the Navy (DON) controlled unclassified information (CUI) or "user level access to DON or DoD networks and information systems, system security and network defense systems, or to system resources providing visual access and/or ability to input, delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information" contractors must have clearance eligibility, or submit an Electronic Questionnaire for Investigation Processing (SF 86) to NSWC PCD Security for processing and subsequent adjudication by the DON Central Adjudication Facility.

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

7.5 CUI

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

7.6 Security of Unclassified DoD Information on Non-DoD Information Systems (DoDI 8582.01) DoD Policy: Adequate security shall be provided for all unclassified DoD information on non-DoD information systems. Appropriate requirements shall be incorporated into all contracts, grants, and other legal agreements with non-DoD entities.

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

Information Safeguards

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7.7 Operations Security

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

Critical information includes information regarding:

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

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

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

· Capabilities, vulnerabilities, limitations, security weaknesses;

· Intrusions/attacks of DoD networks or information systems;

· Network (and system) user identifications 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.

7.8 DISTRIBUTION LIMITATION STATEMENTS

Technical Documents generated under this contract shall carry the following Distribution Limitation Statements. Word-processing/CAD files shall have the statements included in the file such that the first page of any resultant hard copy shall display the statements. For drawings, the statements shall be as near to the title block as possible without obscuring any detail of the drawing. Additionally, each diskette delivered shall be marked externally with the statements.

DISTRIBUTION STATEMENT D: DISTRIBUTION AUTHORIZED TO DOD AND U.S. DOD CONTRACTORS ONLY: ADMINISTRATIVE/OPERATIONAL USE (DATA STATEMENT APPLIED). OTHER REQUESTS SHALL BE REFERRED TO COMNAVSEASYSCOM (PMS 377).

WARNING – THIS DOCUMENT CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22, U.S.C., SEC 2751, ET Q.) OR THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED, TITLE 50, U.S.C., APP. 2401 ET SEQ. VIOLATIONS OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES. DISSEMINATE IN ACCORDANCE WITH PROVISIONS OF DOD DIRECTIVE 5230.25., WITHHOLDING OF UNCLASSIFIED TECHNICAL DATA FROM RELEASE.

DESTRUCTION NOTICE – CLASSIFIED INFORMATION, DESTROY IN ACCORDANCE WITH SECNAV M-5510.36, (DON INFORMATION SECURITY PROGRAM) OR DOD 5220.22-M, (NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL). UNCLASSIFIED LIMITED DOCUMENTS, (E.G., FOUO, DISTRIBUTION STATEMENT CONTROL) DESTROY BY ANY METHOD THAT WILL PREVENT DISCLOSURE OF CONTENTS OR RECONSTRUCTION OF THE DOCUMENT.

7.9 GOVERNMENT / CONTRACTOR RELATIONSHIP

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.

The Contractor is responsible for supervision of all Contractor personnel assigned to this task order. The Contractor shall exercise ultimate control 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 Government procurement activities.

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.

5) Employee Relationship:

6) 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.

7) 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 be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

8) 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.

9) Payments by the Government under this task order are not subject to the Federal income tax withholdings.

10) Payments by the Government under this task order are not subject to the Federal Insurance Contributions Act.

11) The Contractor is not entitled to unemployment compensation benefits under the Social security Act, as amended, by virtue of performance of this task order.

12) The Contractor is not entitled to workman’s compensation benefits by virtue of this task order.

13) The entire consideration and benefits to the Contractor for performance of this task order are contained in the provisions for payment under this contract.

14) 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.

i) 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.

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

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

(b) Countermand any communication regarded as a violation,

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

(d) 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.

7.10 RELEASE OF INFORMATION: None.