0200000_Section-J_REV_1_15SEP2023.pdf

Section J – 0200000 Management and Administration

Section J – 0200000 Management and Administration

Attachment Number Attachment Title J-0200000-01 Definitions and Acronyms J-0200000-02 CUI Definitions and Contractor OPSEC Guidance J-0200000-03 Quality Management System Pre-Performance Review Checklist J-0200000-04 Directives, Instructions, and References J-0200000-05 Invoice Form J-0200000-06 Forms J-0200000-07 Exhibit Line Item Numbers (ELINs)

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Attachment J-0200000-01 Definitions and Acronyms

Definition Description Assessment A general term referring to either a survey or inspection of a facility to determine condition.

Asset A general term used to refer to an item, such as a component, system, building or facility, which is managed by an automated data management program.

Competent Person A person who has the professional experience and training necessary to identify existing and predictable hazards at a work or service environment, and who has the authority to take prompt and corrective action to eliminate or remove dangers from the environment.

One who can identify existing and predictable hazards in the working environment or working conditions that are dangerous to personnel and who has authorization to take prompt corrective measures to eliminate them.

Component Inventory Management Unit

(CIMU)

An organization of like-kind real property into manageable maintenance units. CIMU is a building component, group of components or component assemblies, serving a specific purpose in a facility that can be expected to follow a common and predictable lifecycle behavior. This class of non-equipment will include items such as exterior walls, exterior windows, interior finish, and roofs. This class of equipment will include items such as fan coil units, air handling units, lighting, and water closets. CIMUs can include one or more items of installed equipment typically subject to routine scheduled maintenance.

Confined Work Space A space that is large enough and so configured that a person may bodily enter a space (such as in tanks, vessels, silos, storage bins, hoppers, vaults, pits, and like spaces where there is limited means of entry) and is hindered or restricted from escaping during an emergency.

Construction Equipment Construction equipment refers to specialized heavy machinery that covers one industry and is specifically designed for executing construction work. Construction equipment requirements shall include a list of equipment establishing the size, quality, number of units, and unit prices. Construction equipment prices provided by the Contractor shall be the lowest price available considering the availability of equipment and the time constraints of the job. The direct equipment price shall be adjusted by all discounts and rebates that accrue to the Contractor.

All indirect cost associated with construction equipment, such as: the Contractor’s hourly composite trade wage, adjusted to allow for workforce productivity; sub-contractor cost, costs for pre-expended bin materials, shipping and handling, union agreements, crew sizes, hand tools, universal equipment (excluding construction equipment), mobilization, demobilization, payroll burdens and fringes, overtime, job (field) overhead, clerical support, supervision, inspection, fees, taxes, licenses, permits, and insurance, general and administrative (home office) overhead, profit, and all other associated markups shall not be included in the construction equipment price since the cost for these items were included in the labor hour unit price bid. Additionally, time for job preparation, safety standby personnel, and similar indirect labor elements shall not be included.

Contracting Officer (KO) That individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contracting Officer’s Representative (COR)

The individual appointed by the KO responsible for monitoring the Contractor’s technical compliance and progress, relative to assigned contract(s)/orders(s), based on the contract requirements specified in the PWS and in accordance with the PAP. The COR performs a variety of contract administration duties that includes oversight of PA, documenting and rating Contractor performance, reviewing invoices, and acceptance of work. Assignment as a COR is a collateral duty typically performed by the FSCM or

SPAR.

Page 2 of 47, J-0200000 http://en.wikipedia.org/wiki/Vehicle http://en.wikipedia.org/wiki/Construction

Attachment J-0200000-01 Definitions and Acronyms

Definition Description Contractor That entity or its representative responsible for the delivery of the services or materials specified in this contract, as designated by contract award. The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The prime Contractor shall insure that subcontractors comply with the provision of this contract.

Contractor Representative That individual appointed by the Contractor, either orally or in writing, who has been assigned responsibility for executing the requirements of this contract.

Crane, Category 1 Portal cranes, Hammerhead cranes, Locomotive cranes, Derricks, Floating cranes (YD), Tower cranes, Container cranes, Mobile cranes (except those indicated as category 4), including truck, cruiser, crawler, warehouse/industrial cranes, and cranes used for dragline, pile driving, clamshell, magnet, bucket work, and Aircraft crash cranes.

Crane, Category 2 & 3 Cranes with rated capacities of 20,000 pounds or greater are category 2. Examples are Overhead traveling cranes, Gantry cranes (rail mounted), Wall cranes, Jib cranes, Pillar cranes, Pillar jib cranes, Monorails and associated hoists, Fixed hoists including chain falls. Pedestal mounted commercial boom assemblies (fixed length, telescoping, and articulating types) attached to stake trucks, trailers, flatbeds, or railcars, or stationary mounted to piers, etc., with OEM rated capacities less than 2,000 pounds.

Crane, Category 4 Commercial truck mounted cranes, Truck mounted articulating boom cranes, Pedestal mounted commercial boom assemblies (fixed length, telescoping, and articulating types) attached to stake trucks, trailers, flatbeds, or railcars, or stationary mounted to piers, etc., with OEM rated capacities of 2,000 pounds and greater. Commercial truck mounted cranes and truck mounted articulating boom cranes with OEM capacities of 2,000 pounds and greater require a licensed operator even if the cranes are down rated below 2,000 pounds capacity for administrative purposes.

Direct Material Costs The actual vendor invoice charges for materials used for performance of work under this contract. Direct material costs shall include sales tax and transportation charges when such charges are included on the invoice by the vendor, as well as any discounts allowed for prompt payment and discounts or rebates for core value or salvage value that accrue to the Contractor. When questions arise concerning the cost of direct materials, direct material costs will be based on the lowest of quotes provided by the Contractor from at least three different commercial vendors for the direct material cost. The Government retains the right to obtain additional quotes in questionable situations. The lowest price will be used.

All other cost such as sub-contractor cost, costs for pre-expended bin materials, shipping and handling, union agreements, crew sizes, hand tools, universal equipment, mobilization, demobilization, time for job preparation, safety standby personnel, payroll burdens and fringes, overtime, job (field) overhead, clerical support, supervision, inspection, fees, taxes, licenses, permits, and insurance, general and administrative (home office) overhead, profit, and all other associated markups shall not be included in the direct material price since the cost for these items are included in the UPL Hour unit price bid.

Electronic Operation And Maintenance And Support Information (eOMSI)

A set of consultant-prepared data and document files that contain detailed, as-built technical information that describes the efficient, economical and safe operation, maintenance and repair of a facility, plant, equipment or system throughout its life cycle.

Generally, it is prepared during construction and submitted upon completion of a new facility or major facility upgrade. eOMSI’s typically include asset information, staffing and budgeting information, supply support including critical spare parts, operating procedures, troubleshooting and diagnostic guides, extended warranty data, maintenance task frequencies and documentation, technical data, repair procedures and manufacturer’s product data. eOMSI data and document files are provided in electronic formats.

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Attachment J-0200000-01 Definitions and Acronyms

Definition Description Equipment Tangible asset that is functionally complete for its intended purpose, durable, and non-expendable.

Facility A building or structure designed and created to serve a particular function.

Frequency Of Service Annual (A). Services performed once during each 12-month period of the contract at intervals of 335 to 395 days.

Biennial (B). Services performed once during each 24-month period of the contract at internals of 670 to 790 days.

Daily (D5). Services performed once each calendar day, Monday through Friday, including holidays unless otherwise noted.

Daily (D7). Services performed once each calendar day, seven days per week, including weekends and holidays.

Monthly (M). Services performed 12 times during each 12-month period of the contract at intervals of 28 to 31 calendar days.

Quarterly (Q). Services performed four times during each 12-month period of the contract at intervals of 80 to 100 calendar days.

Semiannual (SA). Services performed twice during each 12-month period of the contract at intervals of 160 to 200 calendar days.

Semimonthly (SM). Services performed 24 times during each 12-month period of the contract at intervals of 14 to 16 calendar days.

Three times weekly (3W). Services performed three times a week, such as Monday, Wednesday, and Friday.

Twice weekly (2W). Services performed twice a week, such as Monday and Thursday or Tuesday and Friday.

Weekly (W). Services performed 52 times during each 12-month period of the contract at intervals of six to eight calendar days.

Government Furnished Property (GFP)

Property in the possession of, or directly acquired by, the Government and subsequently furnished to the contractor for performance of a contract. Government furnished property includes, but is not limited to, spares and property furnished for repairs, maintenance, overhaul, or modification. Government furnished property also includes contractor acquired property if the contractor acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

Hazardous Material (HM) A material that because of its quality, concentration, physical, chemical or infectious nature may pose a threat to human health or the environment if released or spilled into the environment or any material designated by the Department of Transportation (DOT) or any materials that require a SDS form as posing a potential threat while being transported. Hazardous materials are listed in 49 CFR Part 172.

Hazardous Waste (HW) Any discarded solid waste (liquid, semi-solid, solid, or gaseous) that meets the definition of a hazardous waste by USEPA, state authorities, or the Navy. In accordance with RCRA, a solid waste is a listed hazardous waste if it is specifically listed, or it is a characteristic hazardous waste if it exhibits the characteristics of ignitability, corrosivity, reactivity, or toxicity.

Hazardous Waste Management Plan

In accordance with OPNAVINST 5090.1C, every Navy shore activity that generates HW shall develop and use a Hazardous Waste Management Plan or a Hazardous Waste management component in its P2 Plan and EMS. A Hazardous Waste Management Plan shall:

• Identify applicable federal, state, and local regulations pertaining to the generation and management of hazardous waste.

• Identify training requirements and describe procedures for obtaining training and maintaining training records.

• Assign responsibilities for the generation, designation, handling, storage, treatment, disposal, and all documentation.

• Describe all hazardous waste generation and management procedures.

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Attachment J-0200000-01 Definitions and Acronyms

Definition Description

• Include or reference the hazardous waste minimization plan and goals.

• Include or reference contingency plans and emergency response procedures.

The plan shall be kept up to date to include changes in hazardous waste generation and management procedures, as well as changes in applicable federal, state, and local hazardous waste regulations. The plan shall include or reference minimization procedures sufficient to achieve DOD minimization goals. Tenant activities are covered by the host CO's Hazardous Waste Management Plan.

Hazardous Waste Manifest

A hazardous waste manifest as defined in 40 CFR 260 is required for the transport of hazardous waste. The installation commanding officer (ICO) or the ICO’s designated representative shall retain signature authority for hazardous waste manifests.

Infrastructure Condition Assessment Program

(ICAP)

A Navy automated data management program that utilizes historical asset lifecycle data and a structured assessment process to evaluate the condition facilities and their components.

Inspection A rigorous, detailed assessment of the condition of a facility performed to generate a fundable scope and cost estimate for prioritization and funding of maintenance and repair.

Integrated Maintenance Program (IMP)

IMP is a recurring state-of-the-art, reliability-centered inspection, testing, maintenance and repair program that determines best practices for managing the functions and consequences of failures of facilities equipment and system components. IMP encompasses accepted commercial practices, including reactive, preventive, predictive and proactive maintenance, into one optimal program. The IMP approach gives the Contractor full responsibility to maintain systems and equipment and perform repairs whenever necessary to ensure equipment and systems are operational and remain in a constant state of readiness. Service orders will not be issued for accomplishment of repairs on systems and equipment maintained under IMP.

Job or Work Order An authorization for work that requires planning and estimating and has an individual line of accounting for financial and performance evaluation.

Life-Cycle Costs A form of economic analysis that considers the total cost of owning, operating, and maintaining a building or system over its useful life.

Less-than-90-day Accumulation Areas or Storage Facilities

Temporary HW storage areas where HW may be stored for up to 90 days without a RCRA permit.

Maintenance and Repair The preservation or restoration of a piece of equipment, system, or facility to such condition that it may be effectively used for its designated purposes. Maintenance/repair may be adjustment, overhaul, reprocessing, or replacement of constituent parts or materials that are missing or have deteriorated by action of the elements or usage, or replacement of the entire unit or system if beyond economical repair.

Monthly On-Site Labor Report

A compilation of all Contractor and subcontractor employee-hours involved in delivering contract services on a Government property.

USMC MAXIMO A specially configured software version of MAXIMO®, a commercially available computerized maintenance management system (CMMS), adopted by USMC for enterprise facility asset data management. The terms “MAXIMO”, “USMC MAXIMO” or “Government’s MAXIMO” shall be used interchangeably in the document.

Non-RCRA Regulated Waste

Waste that is not regulated as a hazardous waste under RCRA; however, is waste may be regulated by other federal, state or local regulations including but not limited to TSCA, Clean Air Act, Clean Water Act or other regulations and statues. Examples include Used Oil, Universal Waste, Oily Water, antifreeze, etc.

Non-RCRA regulated waste (while not meeting the definition of a Hazardous Waste) must be managed according to its applicable regulations and may not be discarded into the general trash.

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Attachment J-0200000-01 Definitions and Acronyms

Definition Description Non-Regulated Solid Waste (Debris and Rubbish)

Waste not associated with an industrial process such as refuse and scraps resulting from preparation, cooking, dispensing, and consumption of food. Non-hazardous construction and demolition wastes such as dimension and non-dimension lumber, plywood, chipboard, and hardboard are included.

Partnering The terms “partnering” and “partnership” used herein shall mean a relationship of open communication and close cooperation that involves both Government and Contractor personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment within which to achieve contract objectives and resolve issues and implementing actions as required.

Performance Assessment A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Performance Assessment Representative (PAR)

The individual(s) assigned as a Technical Point of Contact (TPOC) / Subject Matter Expert (SME) to the COR to perform duties as the on-site representative who assesses Contractor performance. The PAR periodically observes Contractor performance, reviews delivered services, reviews quality management corrective actions, periodically assesses and documents Contractor performance on PAWs and the MPAS, and communicates findings as necessary with the Contractor, SPAR, and COR.

Pre-Expended Bin Materials And Supplies

The minor materials and supplies that are incidental to the job, for which the total direct cost of any one material line item shown on the material estimate is $10.00 or less.

Examples of pre-expended bin materials and supplies include, but are not limited to, solder, lead, flux, electrical connectors, electrical tape, fuses, nails, screws, bolts, nuts, washers, spacers, masking tape, sand paper, solvent, cleaners, lubricants, grease, oil, rags, mops, glue, epoxy, spackling compound, joint tape, plumbers tape and compound, clips, welding rods, and touch up paint.

Property Administrator An authorized representative of the Contracting Officer who is responsible for administering contract property requirements, terms and conditions of the contract

Property Management Program

A Government program established for the purpose of reviewing and approving the Contractor’s Property Management Plan and System through performance of a system analysis whenever government property is in the possession of the Contractor.

Quality Assurance (QA) The planned and systematic activities implemented in a quality system so that quality requirements for a product or service will be fulfilled.

Quality Control (QC) The observation techniques and activities used to fulfill requirements for quality.

R. S. Means A data collection and organization system developed by R. S. Means Company which can be used to prepare accurate, dependable construction estimates and budgets in a variety of ways. The Contractor shall use the latest edition. Material prices are based on a national average and computed labor costs are based on a 30-city national average.

An estimate prepared using this data is called a "Means estimate"; data may simply be referred to as "Means".

Real Property Land and improvements to land (i.e., facilities). It includes equipment affixed and built into the facility as an integral part of the facility (such as heating systems), but not movable equipment (e.g., plant equipment, industrial equipment, buoys).

Real Property Inventory Equipment (RPIE)

A Government owned or leased individual pieces of equipment, apparatus, or fixture that are essential to the function of the real property (i.e. plumbing, electrical, heating, cooling and elevators). It is physically attached to, integrated into, and built in or on the property.

Individual RPIE’s can be combined to make a CIMU to facilitate facilities management.

An individual RPIE can also be a CIMU if the equipment is complex enough to require its own management planning.

Regulated Waste Any hazardous, non-hazardous, industrial process waste (aka special waste), e-waste, and/or off-specification HM, which because of its physical characteristics, chemical make-up or biological nature requires either special handling procedures and permitting, or poses an unusual threat to human health, equipment, property, or the environment.

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Attachment J-0200000-01 Definitions and Acronyms

Definition Description Examples include (but are not limited to) liquid sludge, pastes, and/or filter cakes, chemical compounds and/or petroleum products, fine powders or highly dusty materials, spent blast media and/or grit, demolition wastes from industrial facilities, debris and/or residues from spill cleanup work, underground storage tank remediation materials, pollution control wastes, ash from fires, furnaces, boilers or incinerators, off-specification products, other materials that have the potential to be a hazardous waste.

All RW may be used or unused excess hazardous materials. Laboratory analysis may be required to verify the waste is not a RCRA-regulated hazardous waste.

Response Time The time allowed the Contractor after initial notification of a work requirement to be physically on the premises at the work site with appropriate personnel, tools, equipment, and materials, ready to perform the work required.

Restoration Restoration of real property to such a condition that it can be used for its intended purpose. Includes repair or replacement work to restore facilities damaged by inadequate sustainment, excessive age, natural disaster, fire, accident or other causes.

Sampling Plan Plan and procedures to conduct sampling, field testing and laboratory analysis for a defined testing objective.

Satellite Accumulation Areas

Designated approved areas, at or near the point of generation and under the control of the operator generating the waste, where no more than 55 gallons (cumulative total) of all types of HW or 1 quart of acutely HW may be accumulated. The 55-gallon limit does not include non RCRA regulated waste, universal waste and used oil etc.

Spill Prevention Control and Countermeasure (SPCC) Plan

The SPCC Plan establishes engineering controls including procedures, methods, equipment and other requirements to prevent the discharge of oil into or upon navigable waters. The Plan includes procedures for oil spill prevention, measures to contain spills and an established spill drill exercises to ensure effective countermeasures in the event of oil spill.

Sustainment Maintenance and repair activities necessary to keep a typical inventory of facilities in “normal working condition”. Sustainment includes regularly scheduled maintenance as well as cyclical major repairs or replacement of components that occur periodically over the expected service life of the facilities.

System An assemblage of mechanically and/or electrically interlocked parts, equipment and/or components forming a unitary whole.

Unit Priced Labor (UPL) Hour

The fully burdened unit price bid by the Contractor to perform one hour of work-in-place. With the exception of direct material and construction equipment costs, the unit priced labor hour price shall include all indirect and direct costs associated with performing work, such as: the Contractor’s hourly composite trade wage, adjusted to allow for workforce productivity; sub-contractor cost, costs for pre-expended bin materials, shipping and handling, wage determinations, union agreements, crew sizes, hand tools, equipment, universal equipment (excluding construction equipment), mobilization, demobilization, payroll burdens and fringes, overtime, job (field) overhead, clerical support, supervision, inspection, fees, taxes, licenses, permits, and insurance, general and administrative (home office) overhead, profit, and all other associated markups. Any indirect cost or additional markups not allowed in the definition of direct materials shall be included in the UPL price. Additionally, time for job preparation, safety standby personnel, and similar indirect labor elements are included.

Uniformat Classification A standard classification of building components established by the National Institute of Standards and Technology.

Universal Equipment Universal equipment refers to equipment that can cover two or more industries and is commercially employed in execution of operation, maintenance, and repair work, such as: Aerial Work Platforms, Backhoes, Cranes, Dump Trucks, Excavators, Generators, Graders, Lifts, Loaders, Man Lifts, Monitoring and Test Equipment, Pumps, Tractors, Trailers, etc.

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Attachment J-0200000-01 Definitions and Acronyms

Definition Description Universal Waste (UW) Universal Waste (UW) (defined in 40 CFR Part 273) means batteries, fluorescent lamps, some pesticides, and mercury-containing equipment formally classified as a HW, but that are now subject to less stringent regulations, when recycled if recycling is available.

Utility Infrastructure Condition Assessment Program (UICAP)

A comprehensive assessment processes for planning, managing, and executing Navy utility infrastructure inspections.

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Attachment J-0200000-01 Definitions and Acronyms

Acronym Title ACO Administrative Contracting Officer AFFF Aqueous Film Forming Foam BFR Basic Facility Requirements BW Biweekly CBMM Condition Based Maintenance Management Program CDR Contract Discrepancy Report CIA Controlled Industrial Area CIMU Component Inventory Management Unit CMMS Computerized Maintenance Management System CNSSI Committee on National Security Systems Instruction COR Contracting Officer Representative COR Condition of Readiness DBH Diameter at Breast Height DCR Direct Condition Rating DoD Department of Defense DoDI Department of Defense Instruction DoN Department of Navy DRMO Defense Reutilization Management Office EPA Environmental Protection Agency EPCRA Emergency Planning and Community Right-to-Know Act FAR Federal Acquisition Regulation FFP Firm Fixed Price FIFRA Federal Insecticide, Fungicide, and Rodenticide Act FSC Facility Support Contract FSCM Facility Support Contract Manager GIS Geospatial Information System GFE Government-furnished Equipment GFF Government-furnished Facilities GFM Government-furnished Materials HCA Head Contracting Agency ICAP Infrastructure Condition Assessment Program ICP Integrated Contingency Plan IDIQ Indefinite Delivery Indefinite Quantity iNFADS Internet Navy Facilities Asst Data Store IPM Integrated Pest Management IPMIS Integrated Pest Management Information System IPMP Integrated Pest Management Plan KO Contracting Officer LAN Local Area Network M Monthly MAP Maintenance Action Plan MDI Mission Dependency Index MEP Mechanical, Electrical and Plumbing MILCON Military Construction MPAS Monthly Performance Assessment Summary MRI Mission Readiness Index MSDS Material Safety Data Sheets NAVFAC Naval Facilities Engineering Command NIST National Institute of Standards and Technology NIST SP National Institute of Standards and Technology Special Publication NMCI Navy Marine Corps Intranet

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Attachment J-0200000-01 Definitions and Acronyms

Acronym Title NOSC Navy-On-Scene Coordinator PAP Performance Assessment Plan PAR Performance Assessment Representative PAW Performance Assessment Worksheet PEO Program Executive Officer PM Project Manager PM Planned Maintenance or Preventative Maintenance POAM Plan of Action and Milestones PRCSP Permit Required Confined Space Program PWS Performance Work Statement PWO Public Works Officer Q Quarterly QC Quality Control RSIP Regional Shore Infrastructure Plan RPIE Real Property Inventory Equipment RSL Remaining Service Life SC Security Clearances SM Semimonthly SPAR Senior Performance Assessment Representative TE Technical Exhibit VIQ Variation in Quantity WBS Work Breakdown Structure

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Attachment J-0200000-02

CUI DEFINITIONS

In accordance with FAR 4.1901 “Federal contract information” means: information, not intended for public release, that is provide by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on a public Web site) or simple transactional information, such as that necessary to process payments.

In accordance with DFARS 252.204-7012 “Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at https://www.archives.gov/cui/registry/category-list, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government wide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

In accordance with 32 CFR Part 2002 “Controlled unclassified information” means information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls.

However, CUI does not include classified information (see paragraph (e) of this section) or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency.

In accordance with DFARS 252.204-7012 “Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

In accordance with DFARS 252.204-7012 “Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

In accordance with DFARS 252.204-7012 “Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

In accordance with DFARS 252.204-7012 “Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013 , Rights in Technical Data—

Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

CONTRACTOR OPSEC GUIDANCE

1. Purpose.

This document provides Operations Security (OPSEC)* guidance to Offerors/Contractors (i.e., corporations and businesses, etc.) who are provided Federal Contract Information (FCI) and process or store the same on a covered contractor information system)(FAR 52.204-21). This OPSEC guidance also applies to covered defense information (CDI), controlled technical information (CTI) or other information (as described in the controlled unclassified information (CUI) Registry at https://www.archives.gov/cui/registry/category-list (DFARS 252.204-7012); and said information is referred to in a solicitation, contract, task order, or delivery order (hereinafter called “acquisition”).

Page 11 of 46, J-0200000 https://www.archives.gov/cui/registry/category-list https://www.acquisition.gov/dfars/252.227-7013-rights-technical-data%E2%80%94noncommercial-items.#DFARS-252.227-7013 https://www.archives.gov/cui/registry/category-list

May also include contractor attributional/proprietary information (CPI), personally identifiable information (PII), critical information (CI) or sensitive information (SI)) that is inappropriate for release to the public and that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government wide policies (DoDI 5200.48, Controlled Unclassified Information (CUI)(06 Mar 2020).

*OPSEC involves the protection of critical information focusing on unclassified information that may be susceptible to adversary exploitation. Pursuant to DoDD 5205.02E, Department of Defense Operations Security (OPSEC) Program (May 11, 2018) and NAVFACFEINST 3432.1 (24 AUG 2017), NAVFAC FE's OPSEC program implements requirements in the DoD 5205.02-M - OPSEC Program Manual. OPSEC requirements are applicable when contractor personnel have access to or generate CDI as defined in DFARS 225.204-7012. As such, OPSEC Measures (i.e., the planned action to conceal or protect identified critical information and indicators from disclosure, observation, or detection and to protect the same from collection) are applicable to this requirement. Contractor employees shall not discuss or disclose any information provided to them in the performance of their duties to parties other than authorized Government and/or Contractor personnel who have a "need to know." Contractor shall not use any information or documentation provided by the Government or developed under this acquisition for other purposes without the consent of the Government Contracting Officer IAW DFARS 252.204-7000. Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, etc.), pertaining to any part of this acquisition or any program related to the same, unless the Contracting Officer has given prior written approval IAW DFARS 252.204-7000. Markings: All deliverables/submittals generated by the Contractor shall be properly marked. For Official Use Only information generated and/or provided under this contract shall be marked in accordance with DoDI 5200.48. Technical information shall also be marked with appropriate Distribution Statements and Export Control warnings in accordance with DoDD 5230.24 and program Security Classification Guidance.

Certain information provided by the government may require unique handling, storage and or release/dissemination procedures. Contractors are cautioned to study the “CONTRACTOR DUTIES & RESPONSIBILITIES" provided herein and comply accordingly.

Note: the following provisions/clauses have been incorporated in this solicitation/contract – FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems, DFARS 252.204.7000 Disclosure of Information, 252.204- 7008 Compliance with Safeguarding Covered Defense Information Controls, 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, and 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. DFARS Clause 252.204-7000 restricts the release of unclassified acquisition information outside contractor's organization without prior Contracting Officer permission, with exceptions; DFARS Clause 252.204-7008 requires contractor compliance with Safeguarding Covered Defense Information Controls; DFARS Clause 252.204-7009 limits the use and disclosure of 3rd party cyber incident information; and DFARS 252.204-7012 requires contractor to provide adequate security for all covered contractor information systems (including implementation of National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” in effect at the acquisition is issued) and to comply with cyber incident reporting requirements.

2. Applicability.

NAVFAC FE has determined that additional safeguards are essential for acquisitions where access to unclassified NAVFAC FE information marked “CUI” via an information system is required and/or where access to the same is provided to Offerors/Contractors or when such information may be generated by the same in response to such an acquisition. Offerors/Contractors must adhere to the OPSEC guidance stipulated below when receiving unclassified NAVFAC FE information marked to indicate the same must be safeguarded (e.g., “CUI”)(see DoDI 5200.48) or when generating such information in response to an acquisition in order to protect the same and to avoid an OPSEC compromise or access to the same by unauthorized third parties including but not limited to an adversary (in order to maintain essential secrecy and/or for information security purposes). NAVFAC FE has determined that the OPSEC guidance stipulated below is required because this acquisition refers to and requires Offerors/Contractors to have access to unclassified NAVFAC FE information which has/have been marked “CUI,” in accordance with DoDI 5200.48.

CONTRACTOR DUTIES & RESPONSIBILITIES

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(i) Offeror/Contractor shall limit disclosure of unclassified NAVFAC FE information marked in accordance with DoDI

5200.48 within its own organization to its directors, officers, partners, members, and/or employees, collectively referred to as its affiliate(s), having a need to know.

(ii) Offeror/Contractor is required to provide adequate security for all unclassified NAVFAC FE information marked in accordance with DoDI 5200.48 on covered contractor information systems.

(iii) 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 NAVFAC FE 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 NAVFAC FE information on publically available computers (e.g., those available for use by the general public in kiosks or hotel business centers).

b) Protect unclassified NAVFAC FE 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 NAVFAC FE information before external release or disposal.

d) Encrypt all unclassified NAVFAC FE information marked in accordance with DoDI 5200.48 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 NAVFAC FE 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 herein, the contract or other written agreement.

f) Transmit e-mail, text messages, and similar communications containing unclassified NAVFAC FE 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 NAVFAC FE 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 TLS 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, etc.) as specified herein, in contracts, grants, and other legal agreements.

l) Report loss or unauthorized disclosure of unclassified NAVFAC FE information in accordance with the terms herein, the contract, grant, or other legal agreement requirements and mechanisms.

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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.

(iv) Offeror/Contractor’s personnel shall not discuss unclassified NAVFAC FE information marked in accordance with DoDI 5200.48 in public or over unprotected or unencrypted communications. NAVFAC FE information marked in accordance with DoDI 5200.48 may only be transmitted as directed by the Contracting Officer.

(v) Offeror/Contractor shall not transmit unclassified NAVFAC FE information marked in accordance with DoDI

5200.48 electronically over the Internet unless it is encrypted in accordance with appropriate Federal regulations. If in doubt, contact the Contracting Officer.

(vi) Because specific restrictions are needed to preclude unintentional release of unclassified NAVFAC FE information marked in accordance with DoDI 5200.48 to unauthorized parties including an adversary, unauthorized disclosure of the same may be punishable under 18 USC § 793 and/or any other applicable laws and/or regulations. Therefore, Offeror/Contractor’s personnel shall not disclose to unauthorized third parties, post to unofficial sites (including Social Networking sites) any images, data or information related to unclassified NAVFAC FE information marked in accordance with DoDI 5200.48.

(vii) Unauthorized disclosure and/or attempts to solicit unclassified NAVFAC FE information marked in accordance with DoDI 5200.48 by unauthorized third parties or others not affiliated with this acquisition shall be reported to the Contracting Officer, and/or the NAVFAC FE and/or installation Security Office, and your company Facility Security Officer and/or the Defense Security Service. Non-Disclosure requirements remain in effect during the duration of the awarded contract for this acquisition and indefinitely thereafter.

(viii) Practice OPSEC and implement countermeasures to protect unclassified NAVFAC FE information marked in accordance with DoDI 5200.48.

(ix) It is strongly recommended the Offeror/Contractor mark and protect related internal business information related to the acquisition and/or unclassified NAVFAC FE information marked in accordance with DoDI 5200.48. Internal company markings e.g., Business Sensitive, etc., are appropriate for identifying the aforementioned as sensitive information.

(x) Offeror/Contractor agrees to return or destroy unclassified NAVFAC FE information marked in accordance with DoDI 5200.48 upon notice of award of a contract under this acquisition which required disclosure of said unclassified NAVFAC FE information or not later than 10 days after such award.

(xi) Offeror/Contractor agrees it shall identify all derivative works produced using unclassified NAVFAC FE information marked in accordance with DoDI 5200.48 to the Contracting Officer, not later than the above referenced date and request instructions on disposition or retention of such derivative works. A “derivative work,” that is, a work that is based on (or derived from) one or more already existing works, in this case unclassified NAVFAC FE information marked in accordance with DoDI 5200.48.

(xii) Upon request by the Contracting Officer, Offeror/Contractor shall certify in writing or by email that he or she has destroyed the unclassified NAVFAC FE information within 10 days from such a request.

TERMS

Access – The ability or opportunity to obtain knowledge of controlled unclassified information.

Adequate security – means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Adversary - Individuals, organizations, or countries that must be denied critical information in order to preserve mission integrity and maintain friendly mission effectiveness and the element of surprise. Adversary, in this context, includes any individual, organization, or country with which specific information should not be shared to preserve mission integrity or the element of surprise.

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Covered Contractor Information System – means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Controlled Unclassified Information (CUI) - Unclassified information to which access or distribution limitations have been applied according to national laws, policies, and regulations of the United States Government (U.S.

Government). It includes U.S. information that is determined to be exempt from public disclosure according to DoDD 5230.25, DoDD 5400.7, and so on, or that is subject to export controls according to the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR). This includes FOR OFFICIAL USE ONLY, Unclassified-NNPI, and PII etc. or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list/.html).

Critical Information - Critical information is defined as information important to the successful achievement of U.S.

objectives and missions, or which may be of use to an adversary of the United States. Critical information consists of specific facts about friendly capabilities, activities, limitations (includes vulnerabilities), and intentions needed by adversaries for them to plan and act effectively so as to degrade friendly mission accomplishment. Critical information is information that is vital to a mission that if an adversary obtains it, correctly analyzes it, and acts upon it will prevent or seriously degrade mission success. Critical information can be classified information or unclassified information.

Critical information can also be an action that provides an indicator of value to an adversary and places a friendly activity or operation at risk.

Critical infrastructure - Systems and assets, whether physical or virtual, so vital that the incapacity or destruction of such may have a debilitating impact on the security, economy, public health, or safety, environment, or any combination of these matters, across any Federal, state, regional, territorial, or local jurisdiction. INCLUDES -

Critical Energy Infrastructure Information: specific engineering, vulnerability, or detailed design information about proposed or existing critical energy infrastructure that: (i) relates details about the production, generation, transportation, transmission, or distribution of energy; (ii) Could be useful to a person planning an attack on critical infrastructure; … and (iii) Does not simply give the general location of the critical infrastructure.

Critical utility infrastructure - (e.g., electrical, water, gas, steam, communications, IT, security, industrial Control Systems): a. Inventory of IP-based control systems consisting of network capable digital controllers and user interfaces used to monitor and control equipment (i.e., building control systems, utility control systems, electronic security…