AMD01_MPE-S_RFP_Attachment_9_Sample_Task_Order.DOCX

PERFORMANCE WORK STATEMENT (PWS)

as of 28/JUN/2018 v.1

Contract Number:

Contractor Name

Tracking Number:

Follow-on to Previous Contract and Task Order Number:

1. Contracting Officer’s Representative (COR). TBD

2. Task Order Title. Mission Partner Environment (MPE) Enterprise Services

Note: This document describes the Task Order performance objectives for a notional Mission Partner Environment-Services (MPE-S) requirement. This document will be the basis of an Offeror’s technical approach and cost information in support of proposal preparation for the MPE-S Indefinite Delivery / Indefinite Quantity (IDIQ) contract source selection. Sections 6.1, 6.2 and 6.3 of this Sample Task Order contain a set of notional requirements, including specific tasks and deliverables.

All contents provided as a part of this Sample Task Order PWS are notional, and no actual MPE-IS involvement is to be pursued, neither any discussions nor details on specific requirements or deliverables will be provided. This document has been tailored to the unclassified level.

3. Background. On November 30, 2017, the Deputy Secretary of Defense (DEPSECDEF), as Chair of the Department of Defense (DoD) Reform Management Group (RMG), decided to move forward with a proposal to designate the Secretary of the Air Force as the DoD Executive Agent for MPE capabilities, with resources subsequently provided through a Program Budget Decision (PBD) 700Al. This action directed the transfer of all MPE / Coalition responsibilities from the Defense Information Systems Agency (DISA) to the U.S. Air Force (USAF), and instructed Combatant Commands, Services and Agencies (CC/S/A) to coordinate with the USAF on the establishment of new, and the sustainment of existing, mission partner (MP) information sharing capabilities. The “MPE-Services” indefinite delivery / indefinite quantity (IDIQ) contract, under which this Task Order is issued, is a key component in the implementation of the DEPSECDEF’s direction.

4. Objectives: The Contractor shall transition services and tasks from the incumbent “Multinational Information Sharing (MNIS) Design, Transition and Operation (DTO) Support Services” contractor. The Contractor shall perform technical refresh of MPE networks. The Contractor shall perform systems engineering and software-related tasks.

5. Scope.

The Contractor shall supply all the services and associated equipment needed to support the MPE EA in the transition of MPE / coalition responsibilities and tasks from DISA and the incumbent Contractor. The Contractor shall design, implement, operate, refresh and maintain the information systems of the MPE enterprise. The Contractor shall ensure all services and associated equipment conform to MPE directives, instructions, policy, architecture, standards, and specifications.

The Government may require surge support during the base or any option period, and surge modifications will be within the scope of the contract and provide increased support for the defined task areas of this PWS. Surge support over the life of the contract will not exceed 35% of the contractor’s total proposed cost/price for the base and all option periods, excluding any six-month extension of services pursuant to FAR 52.217-8.

6. Performance Requirements.

6.1 Task 1 – Task Order Management – Firm-Fixed-Price (FFP); Operations and Maintenance (O&M)

6.1.1 Subtask 1 – Service Management Plan (SMP). The Contractor shall develop an International Organization for Standardization (ISO) / International Electrotechnical Commission (IEC) 20000 SMP tailored to the specific services required under the Contract and this Task Order. The contents of the SMP shall be in accordance with ISO/IEC 20000-2:2012(E), and must address the transition of services from the DTO incumbent to the Contractor. The Contractor’s adherence to this SMP process shall be reviewed at CPRs, which will assess Contractor performance for the Contract as a whole, and on this Task Order.

Deliverable: Service Management Plan (SMP)

6.1.2 Subtask 2 – Monthly IDIQ Contract Progress Report (MPR) – The Contractor shall submit an MPR that addresses all elements of the Contractor’s SMP, in a format mutually agreed upon with the Government. If not specifically addressed in the Contractor’s SMP content, the MPR shall include:

· A brief description of activities and deliverables during the current month for all Task Orders under the MPE-S IDIQ Contract. This description shall include problem definition and recommendations for program resolution. Particular attention shall be given to cybersecurity activities.

· Trips, technical visits, and related results for the reporting period

· Identification of key personnel and personnel reassignments, including personnel added or removed from the IDIQ, Task Orders and all subtasks they will or did support

· Cost-reimbursement estimates, estimated date of funds depletion, and the status of invoicing. Status of Contract line item numbers (CLIN) ceilings, obligations and projected demand.

Deliverable: Monthly Progress Report (MPR)

6.1.3 Subtask 3 – Monthly IDIQ Contractor Performance Report – The Contractor shall develop a rolling 90-Day Action Plan and shall update it monthly. The plan, in conjunction with the MPR, will serve as a baseline for the monthly Contractor Performance Report (CPR) meeting with the Government program office, and the Contracting Officer, in person or via teleconference, video-teleconference or collaborative software applications as agreed to by the Government. The CPR shall review the Contractor’s cost, schedule and performance for the IDIQ as a whole, this Task Order and, at a more general level, all other task orders under the IDIQ. The Contractor shall prepare a CPR PowerPoint briefing for the CPR meeting, which shall address staffing, progress, risks, milestones, task order owners’ feedback, invoicing, other direct costs (ODC), and status of Government Furnished Equipment (GFE), including Contractor-purchased, Government-owned items. The Contractor shall address cost, schedule and performance of each task order and the IDIQ as a whole, noting any problems or risks and alternative courses of action (COA), recommending solutions and identifying tasks requiring Government decision or interaction. The Contractor shall proactively identify and prioritize risks and alternative COAs sufficiently in advance to permit Government intervention and action before a risk becomes an issue.

The Contractor shall ensure the CPR and an updated 90-Day Action Plan are provided to Government participants via the COR no less than three (3) days prior to the meeting, and that data presented at program reviews is correct and not more than ten (10) workdays old as of the date of the meeting. The Contractor shall deliver meeting minutes to the Government within five (5) working days following the CPR Review.

6.2 Task 2 – Design, Development and Transition of MPE Services, Programs, Releases and Projects – CPFF; Cost; FFP; O&M

6.2.1 Subtask 1 – Systems Engineering (CPFF) – The Contractor shall perform systems engineering and software-related tasks in accordance with the latest versions of Institute of Electrical and Electronics Engineers (IEEE) Standards 1220-2005 and 1362-1998, and ISO/IEC 15288.

6.2.2 Subtask 2 – Virtual Data Centers (VDC) and Associated Enclaves (CPFF) – The Contractor shall design, install and sustain VDC global nodes in Germany, Japan and Bahrain. The Contractor shall implement up to fifteen (15) enclaves per VDC node. The Contractor shall provide the Germany and Japan VDC nodes as a service (VDCaaS). The Contractor shall purchase as Other Direct Costs (ODC) – and provide to the Government as items of supply – all equipment, software and parts required for the Bahrain node. The Contractor shall also supply, as ODCs, all software, tools, and parts required for the implementation of enclaves.

6.2.3 Subtask 3 – Cryptographically Isolated Network (CPFF) – The Contractor shall develop, install and sustain a cryptographically isolated network in Germany. The Contractor shall provide access through the Secret Internet Protocol (IP) Data service (formerly known as Secret Internet Protocol Router Network (SIPRNet)). The Contractor shall provide remote connection support to exercise partners. The Contractor shall configure the necessary equipment and coordinate the installation with on-site engineers.

Deliverable: Cryptographically Isolated Network

6.2.4 Subtask 4 – Test and Evaluation (T&E) / Verification and Validation (V&V) Environment (CPFF) – The Contractor shall establish and operate a test node within the existing MPE T&E / V&V environment for an MPE network. The Contractor shall gather network test requirements from MPs; formulate test plans; and, coordinate test activities with the MPs. The Contractor shall acquire, modify as necessary, and implement a commercial-off-the-shelf (COTS) tool to manage T&E / V&V Environment data, track the workflow of the T&E / V&V Environment’s processes, and perform data analysis for environment governance and decision-making.

6.2.5 Subtask 5 – Change Management and Configuration Management (CPFF) – The Contractor shall prepare MPE Request for Change (RFC) forms for changes the Contractor proposes to make to an MPE configuration item (CI) as a result of work under this Task Order. The Contractor shall provide any additional information required during the RFC approval process. The Contractor shall upload approved RFCs to the MPE configuration management database (CMDB). The Contractor shall certify monthly that the CMDB accurately reflects the configuration of CI’s affected by the requirements of this Task Order.

Deliverable: Monthly CMDB Verification Report

6.3 Task 3 – Steady State Operation of the MPE – CPFF; FFP; O&M

6.3.1 Subtask 1 – Information Assurance (IA), Cybersecurity, and Risk Management Framework (FFP) – The Contractor shall analyze Information Assurance Vulnerability Alerts (IAVA) and Information Assurance/Cybersecurity Vulnerability Bulletins for node and enclave impacts, and provide recommended actions. The Contractor shall ensure node and enclave design services employ Information Systems Security Engineering and incorporate DoD-directed IA vulnerability solutions. The Contractor shall apply all cybersecurity/IA vulnerability solutions. The Contractor shall develop and maintain Risk Management Framework (RMF) documentation.

Deliverable: Risk Management Framework Documentation

6.3.2 Subtask 2 – Exercise Services (CPFF) – The Contractor shall design and establish an episodic enclave for a North Atlantic Treaty Organization (NATO) exercise. The Contractor shall perform Tier III services for this exercise. The Contractor shall disestablish the episodic enclave at the completion of the exercise.

Deliverable: Episodic Enclave

7. Performance Standards.

90-Day Action Plan schedule and performance

90-Day Action Plan tasks accomplished and deliverables produced in accordance with the Quality Assurance Surveillance Plan (QASP) and Section 11, “Delivery Schedule.”

“On-time” for a task is defined as the due date specified in the 90-Day Action Plan. On-time for Deliverables is specified in PWS Section 11, “Delivery Schedule,” and the 90-Day Action Plan. For on-time, if the 90-Day Action Plan and PWS Section 11 conflict, the PWS section shall prevail.

“Quality” for a task or Deliverable is defined as meeting the task requirements in the PWS, applicable directives, and PWS Section 11 format requirements.

Minimum Acceptable:

Tasks and Deliverables 100% on time, in accordance with the 90-Day Action Plan. For quality, no more than 2% of completed Tasks or Deliverables are reworked or re-performed.

Calculation:

At the monthly Contractor Performance Report (CPR) meeting described in 6.1.3 Subtask 3 – Monthly IDIQ Contractor Performance Report, the Contractor shall present the 90-Day Action Plan, which shall cover the 30-days preceding the CPR, and the 90 days following the CPR, for a total of 120 days. For the preceding 30 days, the Contractor shall display: 1) The number of Tasks and Deliverables not performed or delivered on time; and, 2) Separately display the number of Tasks and Deliverables that had to be re-performed or reworked. The Government will determine at the CPR, after discussions with the Contractor, whether any of these failures were beyond the Contractor’s control. Any Task or Deliverable determined by the Government to be beyond the Contractor’s control, will be subtracted from the numbers initially displayed by the Contractor. The resultant net figure for on-time and rework (quality) will be the numerators of two separate ratios. All Tasks and Deliverables listed for the 120-day period of the 90-Day Action Plan shall comprise the denominator of both ratios. For the on-time ratio, the resultant decimal shall not be less than 1.00, in order to meet the AQL. For the quality or rework ratio, the resultant decimal shall not be less than .98, in order to meet the AQL.

8. Incentives. Both positive and negative incentives may be applied. In general, positive incentives, in the form of favorable Contractor Performance Assessment Reporting System (CPARS) assessments, may be used to recognize outstanding performance on Task Orders. Conversely, negative incentives in the form of negative Contractor Performance Assessment Reporting System (CPARS) assessments, may be utilized to document marginal or unacceptable quality of services or products, which is defined as performance below the AQLs identified in the QASP.

In addition to CPARS ratings, negative incentives will also include financial disincentives for the underperformance of the PWS Section 7 Performance Standards. The Contractor’s schedule and quality performance of its 90-Day Action Plan (ref: 6.1.3 Subtask 3 – Monthly IDIQ Contractor Performance Report) will be assessed on a monthly basis in accordance with PWS Section 7 – Performance Standards. If the AQL for schedule / on-time is not met, a negative 1% fee of the total monthly invoice will be assessed. If the AQL for quality/rework is not met, an additional negative 1% fee of the total monthly invoice will be assessed.

9. Place of Performance. The primary place of performance shall be Warrenton, Virginia. Additional places of performance are Germany, Japan and Bahrain.

All travel requirements shall be in accordance with both FAR Part 31.205-46, “Travel Costs,” and Joint Travel Regulation (JTR) requirements and limitations. Reimbursement for FAR 31.205-46 “Travel Costs” will be made in accordance with the Federal Travel Regulations. Reimbursement for FAR 31.205-35 “Relocation Costs” may be made. Travel must be approved by the COR in writing prior to the travel occurring.

Alternate Place of Performance - Contingency Only. As determined by the Contracting Officer’s Representative (COR), contractor employees may be required to work at an alternate place of performance (e.g., home, the contractor's facility, or another approved activity within the local travel area) in cases of unforeseen conditions or contingencies (e.g., pandemic conditions, exercises, government closure due to inclement weather, etc.). Additionally, the contractor may be required to account for the whereabouts of their personnel should this information be requested by the COR. Non-emergency/non-essential contractors should not report to a closed government facility. Contractor shall prepare all deliverables and other contract documentation utilizing contractor resources. To the extent possible, the contractor shall use best efforts to provide the same level of support as stated in the PWS. In the event the services are impacted, reduced, compromised, etc., the Contracting Officer or the contractor may request an equitable adjustment pursuant to the Changes clause of the contract.

10. Period of Performance. This Task Order’s period of performance is a one-year base and four, one-year options. This Task Order also includes the 6-month Extension of Services in accordance with FAR 52.217-8. As directed by the COR, the Contractor shall continue performance in emergency or mission essential conditions.

11. Delivery Schedule.

Updates – As changes necessitate

PowerPoint 3 business days prior to the CPR meeting

Updates – Monthly at least 3 business days prior to CPR meeting

*Standard Distribution: 1 copy of the transmittal letter without the deliverable to the Contracting Officer; 1 copy of the transmittal letter with the deliverable to the Primary COR.

12. Security Requirements. This section shall be considered a supplement to Block 13 of the Government provided DD Form 254, Contract Classification Specification. The following security requirements shall apply to this effort.

References:

a. DoDM 5200.01, Vol 1-4 Information Security Program, 24 February 2012

b. DoDM 5200.02, Procedures for the DOD Personnel Security Program (PSP)

c. DOD 5220.22-M, National Industrial Security Program Operating Manual, February 2006 Incorporating Change 02 May 2016

d. DOD 5220.22-R, Industrial Security Regulation

e. DoDM 5105.21 Sensitive Compartmented Information (SCI) Administrative Security Manual: Administration of Information and Information Systems Security (if applicable)

12.1 Facility Security Clearance. The work to be performed under this Contract is up to the Top Secret level and will require Sensitive Compartmented Information (SCI) access eligibility for some personnel. Therefore, the Contractor must have an interim or final Top Secret Facility Clearance from the Defense Security Service Facility Clearance Branch.

12.2 Security Clearance and Information Technology (IT) Level. All personnel performing on or supporting this Contract in any way shall be U.S. citizens. The personnel security requirements for this Contract cover the individuals supporting the Task Areas delineated in the table below. Contractor personnel must possess the interim or final security clearance and interim or final IT-level eligibility delineated in the table below when performance starts.

12.2.1 Individuals supporting PWS Tasks / Subtasks that require an interim or a final Top Secret security clearance and an interim or a final IT-I (privileged level systems access) will, immediately upon hire, require Sensitive Compartmented Information (SCI) access eligibility adjudicated by the Defense Intelligence Agency or other Federal adjudication facility to perform their duties. SCI processing for SCI eligibility will be coordinated with the supporting Government Security Manager and will begin immediately upon start of duty performance under this Contract.

All SCI work under this Contract will be monitored by: TBD

12.3 Investigation Requirements. All personnel requiring SCI, Top Secret or IT-I access under this Contract shall undergo a favorably adjudicated Tier 5 investigation (formerly known as a Single Scope Background Investigation (SSBI)) as a minimum requirement. The Tier 5 will be maintained current within 5-years and requests for Tier 5 reinvestigation (T5R formerly known as Single Scope Background Period Reinvestigation (SBPR) or Phased Periodic Reinvestigation (PPR)) will be initiated prior to the 5-year anniversary date of the previous Tier 5.

12.3.1 All personnel requiring Secret or IT-II access under this Contract shall undergo a favorably adjudicated Tier 3 (T3) Investigation formerly known as a National Agency Check, Local Agency Check and Credit Check or Access National Agency Check and Inquiries as a minimum investigation. The Tier 3 Investigation will be maintained current within 10-years and requests for Secret Periodic Reinvestigations will be initiated by submitting a Tier 3R investigation prior to the 10-year anniversary date of the previous Tier 3 Investigation.

12.3.2 Contractor personnel that do not meet the investigation requirements for Secret IT-I access may be granted such access provided there is no disqualifying information within the adjudicative guidelines that cannot be mitigated. The Contractor personnel must complete an Electronic Questionnaire for Investigation Processing (e-QIP). The e-QIP will be reviewed and barring disqualifying information, the individual may be eligible for Interim Secret IT-I access. Once favorable results are returned from the Federal Bureau Investigation (FBI) name and fingerprint check, the National Agency Check portion of the investigation is completed favorable, the Interim Secret IT-I may be granted, provided all other conditions are met. Contract personnel found ineligible for Interim Secret IT-I access will not be allowed to support this Task Order requiring Secret IT-I access and must wait for final favorable adjudications by the appropriate adjudication facility.

12.4 Adjudication for Secret IT-I access. Favorable Adjudication of any previous T5, T5R, SSBI, SBPR or PPR by any of the DoD Central Adjudication Facility or other federal adjudications facilities within a five-year period will automatically be accepted for final Secret IT-I access.

12.4.1 Prior to granting interim Secret IT-I authorization, the supporting security manager will forward a written request for approval. The request for SSBI (e-QIP, FBI name and fingerprint check) will be forwarded to OPM.

12.5 Visit Authorization Letters (VAL). Visit requests shall be processed and verified through the Joint Personnel Adjudication System (JPAS) to SMO DKABAA10 and SMO DKADAL. JPAS visits for Contract / Task Orders are identified as “Other” or “TAD/TDY” and will include the Contract / Task Order Number and ADP / IT-Access level of the Contract / Task Order in the Additional Information section. Contractors that do not have access to JPAS may submit visit authorizations by e-mail in a password protected pdf to the Contracting Officer Representative (COR) or Alternate COR specified in PWS Section 1.0.

If JPAS is not available, the VAL must contain the following information on company letterhead:

• Company name, address, telephone number, CAGE Code, facility security clearance

• Contract/Task Order Number

• Name, SSN, date and place of birth, and citizenship of the employee intending to visit

• Certification of personnel security clearance and any special access authorizations required for the visit (type of investigation & date, adjudication date & agency, and IT access level)

• Name of COR/Alt COR

• Dates or period the VAL is to be valid

12.6 Security Contacts. TBD

12.7 Information Security and other miscellaneous requirements.

12.7.1 Contractor personnel shall comply with all local security requirements including entry and exit control for personnel and property at the Government facility.

12.7.2 Contractor employees shall be required to comply with all Government security regulations and requirements. Initial and periodic safety and security training and briefings will be provided by Government security personnel. Failure to comply with Government security regulations and requirements shall require the Contractor to provide the Government with a written remediation/corrective action plan. Furthermore, failure to comply with such requirements can be cause for removal and the Contractor will not be able to provide service on this Contract.

12.7.3 Contractor employees with an incident report in JPAS who have had their access to classified suspended will not be permitted to provide to fill positions requiring access to classified information on this Task Order.

12.7.4 The Contractor shall not divulge any information, classified or unclassified, about DoD files, data processing activities or functions, user identifications, passwords, or any other knowledge that may be gained, to anyone who is not authorized to have access to such information. The Contractor shall observe and comply with the security provisions in effect at the DoD facility. Identification shall be worn and displayed as required.

12.7.5 The Government retains the right to request removal of contractor personnel regardless of prior clearance or adjudication status, whose actions, while assigned to this Task Order, clearly conflict with the interests of the Government.

12.7.6 Contractor personnel will generate or handle documents that contain For Official Use Only information at the Government facility. The Contractor shall have access to generate and handle classified material only at the location(s) listed in the place of performance section of this document. All Contractor deliverables shall be marked in accordance with DoDM 5200.1, Vol. 3, Vol. 4, Information Security, and DoD 5400.7-R, Freedom of Information Act Program, unless otherwise directed by the Government. The Contractor shall comply with the provisions of the DoD Industrial Security Manual for handling classified material and producing deliverables.

12.7.7 The Contractor shall afford the Government access to the contractor’s facilities, installations, operations, documentation, databases and personnel used in performance of the contract/order. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of data or to the function of information technology systems operated on behalf of DoD, and to preserve evidence of computer crime.

12.7.8 Public release of information pertaining to this contract is strictly forbidden without the express written consent of the Government.

13. Government Furnished Property (GFP)/Government-Furnished Equipment (GFE) / Government-Furnished Information (GFI). Office space, laptops, and phones for four (4) contractor personnel shall be provided in government space in the Warrenton, VA area. The Contractor will be given access to Sensitive but Unclassified (SBU) Internet Protocol (IP) Data and Secret IP Data – the latter only accessible from Government sites. The Contractor shall track and maintain all Government furnished property provided under this Task Order.

14. Other Pertinent Information or Special Considerations.

a. Identification of Possible Follow-on Work. None

b. Identification of Potential Conflicts of Interest (COI). The Contractor shall reassess the Non-Organizational Conflict of Interest (OCI) declaration or OCI Mitigation Plan submitted by the Contractor during the IDIQ proposal process to determine if the declaration or plan may be affected by the work required under this Task Order. If the declaration or plan is affected, the Contractor shall submit a new or revised OCI Mitigation Plan to the Contracting Officer for approval.

c. Identification of Non-Disclosure Requirements. All contractor personnel will be required to complete a Non-Disclosure Agreement (NDA) prior to performance of work under this Task Order.

Deliverable: NDA Monthly Status Report. The Contractor is responsible for identifying that all personnel, to include any new personnel on the Task Order, have executed an NDA and the NDA is current as of the date of the monthly status report. Monthly status reports shall be sent to the KOs and CORs.

d. Packaging, Packing and Shipping Instructions. Preservation, packaging, and packing of deliverable items called for hereunder shall be in accordance with the Contractor's best commercial methods to prevent deterioration and damage during shipment, handling, and storage and to ensure safe arrival at destination. Additional requirements may be included at the TO level.

e. Inspection and Acceptance Criteria. All Deliverables in section 11 will be received and inspected by the COR, and evaluated by the Government in accordance with the QASP. Acceptance shall be done by the COR in DoD’s Wide Area Workflow (WAWF) system in accordance DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013). WAWF authorizes entitlement and payment of invoices. Additional requirements may be included at the TO level.

f. Property Accountability. The Contractor shall submit the attached Electronic Product List (see below) in addition to complying with all requirements of DFARS 252.211-7003. See DARS 252.211-9000, Requirement to Submit an Electronic Product List for additional information.

Enclosure 4a, PWS Page 1 of 11 Pages 2015/Version 9

Page 5 of 9 Pages Attachment 9 – MPE-S Sample Task Order image2.emf

Electronic Products List (EPL) Template - 22 May 2015.xls Sheet1

Columns O through V must also be completed when an IUID tag is required.

Manufacturer Name Manufactuer Part/Model Number Description Covered by OEM Warranty (type and duration) HW Unique Item Identifier (See DFARS 252.211-7003) HW Serial Number/Key Code Software License Included (Duration) Software Serial Number/Key Code Contract Number Delivery Order Number (if applicable) Funding Document Number Contract Line Item No. (CLIN) SubCLIN (SLIN) Customer Organization Delivery Address UNIT OF ISSUE UNIT PRICE IUID Type Issuing Agency Code Enterprise Identifier Lot or Batch Number Type Designation Special Tooling or Special Test Equip

Note: Columns O through V must also be completed when an IUID tag is required.

&F

Sheet2

Sheet3 image1.emf

NonDisclosure Agreement for DISA Contractors v8 - 19 Sep 2017.docx

DEFENSE INFORMATION SYSTEMS AGENCY

NON-DISCLOSURE AGREEMENT FOR CONTRACTOR PERSONNEL

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTICIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.

I, (print or type name), as an employee of

(insert employer name) (“the Company”), a contractor or subcontractor for the Defense Information Systems Agency/Defense Information Technology Contracting Organization (DITCO) or other relevant DoD entity, performing under Contract Number (insert contract number), understand that as a result of my assignment under this contract, I may have access to, become aware of, or possess information/data that is considered sensitive or proprietary and may be protected by law from unauthorized use or disclosure.

I agree not to disclose to any individual, business entity, organization, or anyone within or outside of the Company who has not signed a non-disclosure agreement for the purposes of performing this contract: (1) any planning, programming, and budgeting system information; (2) any contractor bid or proposal information or source selection information as defined in Federal Acquisition Regulation (FAR) 3.104-4; (3) any information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552(b), including any trade secrets, proprietary, or financial information protected under § 552(b)(4); (4) any personally-identifiable information or protected health information; and (5) any other sensitive information considered Confidential or For Official Use Only (FOUO). I also agree to use such information/data solely for the purposes of performing this contract, and not to use such information/data to obtain anything of value or to provide a financial benefit or a competitive advantage to any third party and/or my employer.

I continue to be bound by the obligations of this Agreement after my performance under the contract has ended, and after the contract has been terminated or closed, until such time as the information/data protected by this Agreement is approved by the United States Government for public release. Any sensitive or proprietary information/data in my possession at the end of my performance under this contract must be returned to the Government. I understand that I may be subject to administrative, civil, and criminal sanctions for violating this Agreement, and any violation of this Agreement may result in my removal from assignment to this contract.

This Agreement does not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law, and this Agreement does not prohibit disclosures which are required under order of a court of competent jurisdiction. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the obligations, rights, or liabilities created by existing statutes or Executive orders relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. These controlling Executive orders and statutory provisions include Executive Order No. 13526, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 USC 3121 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC 783(b)).

My execution of this Agreement shall not nullify or affect in any manner any other Confidentiality or Non-Disclosure Agreement, including any Standard Form 312 or 4414, which I have executed or may execute with the United States Government or any of its departments or agencies.

I have carefully read this Agreement and understand my obligations under it.

Signature of Contractor Employee Date