N61331-21-SN-Q13 DRAFT_MNS_SOW.pdf

STATEMENT OF WORK

FOR

AN/SLQ-60 AND AN/ASQ-232 MINE NEUTRALIZATION SYSTEMS (MNS)

DEPOT LEVEL REPAIR AND MAINTENANCE

1.0 SCOPE

This Statement of Work (SOW) defines the overarching requirements for providing

Original Engineering Manufacturing (OEM) Depot level repair, engineering, maintenance, modifications; management of explosives safety program-requirements; management of live and inert ordnance program-requirements; management of Qualification & Certification (Ordnance Handler) program-requirements; management of ordnance handling equipment (OHE) program-requirements; and spares and spare parts procurement in support of the AN/ASQ-232 and AN/SLQ-60Mine Neutralization Systems hereafter referred to as the MNS. The equipment included in this SOW is as follows:

a. SeaFox Destructors EX/MK 62 series, MK 63 series and MK 67 series

b. The Operator's Console along with its sub-components and other items related to communication with and control of the destructor.

c. Equipment/sub-system associated with the launch and recovery of the SEAFOX destructors

d. Destructor specific shipboard stowage and handling equipment

e. Modular Mobile Control Unit (MMCU Console) and its sub components

f. MIPS Acoustic Tracking System and related system equipment

g. System related Special Tools and Support Equipment

2.0 APPLICABLE DOCUMENTS

Applicable military specifications and standards that are listed in the issue of the

Department of Defense Index of Specifications and Standards (DODISS), and current on the date of contract award, plus applicable industry standards, or any other program documents may be specified within the individual delivery orders that will be issued for performing specific tasks under this indefinite delivery I indefinite quantity contract (IDIQ). Due to their complexity and criticality, Ordnance requirements and also Explosives-Safety requirements apply in a cross-referencing cascading fashion.

2.1 Military Standards

MIL-STD-129R Military Marking for Shipment and Storage

MIL-STD-130N Identification Marking of U.S. Military Property

2.2 Military Specifications

None

2.3 Other Documents

(a) OPNAVINST 8020.14A, Department of the Navy Explosives Safety Management Policy Manual dated 15 Feb 2013

(b) OPNAVINST 8023.24B, Navy Personnel Ammunition and Explosives Handling Qualification and Certification Program 16 Mar 2010

(c) DoD Instruction 4145.26, DoD Contractor’s Safety Requirements for

Ammunition and Explosives, 9 April 2005

(d) DoD 4145.26-M, DoD Contractor's Safety Manual for Ammunition and Explosives, 13 March 2008

(e) NAVSEA OP 5, Volume 1, of 1 Jul 2011, Ammunition and Explosives Safety Ashore

(f) DFAR 252.223-7002, Safety Precautions for Ammunition and Explosives

(g) MCO 8023.3B, Personnel Qualification and Certification Program for Class V Ammunition and Explosives Directive

(h) OPNAVINST 8023.24B, Navy Personnel Ammunition and Explosives Handling

Qualification and Certification Program 16 Mar 2010

(i) NSWCPCDINST 8023.4E, Naval Surface Warfare Center, Panama City Division Explosives Safety Policies, Requirements, and Procedures

(j) ANSI/ISO/ASQ 9001-2008 Quality Management System

3.0 REQUIREMENTS

The Contractor shall provide technical support, analysis, modification, interface equipment, and engineering support for the systems listed in SOW paragraph 1.0 as specified in individual delivery orders to be issued under the contract. The following paragraphs provide examples of the types of support that will be required.

3.1 Alteration, Modification, Repair, and Overhaul

3.1.1 Design and Fabrication Services

As tasked in individual delivery orders, the contractor shall provide design and fabrication services for the subsequent alteration, modification, repair and/or overhaul of the SEAFOX Destructors EX/MK 62 series, MK 63 series and MK 67 series, the Operator's Console along with its sub-components the Modular Mobile Control Unit (MMCU Console) and its sub components, the MIPS Acoustic Tracking System, and other items related to communication with and control of the destructor, equipment/sub-system associated with the launch and recovery of the SEAFOX destructors, destructor specific shipboard stowage and handling equipment, and system related special tools and support equipment. The contractor shall plan for translation of system design efforts into manufacturing environments. Procedures and methods for work instructions shall be developed, process controls put in place, special processes accounted for, and special tooling and fixtures designed for these efforts. All processes and procedures for these efforts will be made available to the government for review. Overhaul procedures may include structure and platform component inspection, operational testing, stripping and painting, preventative maintenance and nondestructive inspection. Some or all tasking may be performed aboard the ship, in their deployed area of responsibility due to the inability to remove items from the ship.

3.1.2 Depot Level Maintenance and Overhauls

As tasked in individual delivery orders, the contractor shall conduct Depot Level

Maintenance overhauls, maintenance, or repairs to return the systems to new condition in support of depot level responsibilities defined in the most recent version of OPNAV M-8000.16, and Government approved maintenance plans. Modifications shall be implemented in accordance with approved configuration control documents (i.e. ECPs, RFDs, RFWs, etc.). Modification includes any mod prod (Engineering Change Proposals), spares and MNS conversions. These actions may be part of Scheduled Depot Level Maintenance (SDLM) cycles.

3.1.3 Overhaul, Maintenance, Repairs and Modifications

As tasked in individual delivery orders, the contractor shall conduct Depot Level Maintenance overhauls, maintenance, or repairs to return the systems to new condition in support of depot level responsibilities defined in the most recent revisions of OPNAV M-8000.16, and system maintenance plans, once approved by the government.

3.1.4 Operational Tests

As tasked in individual task orders, operational tests shall be performed on each repaired, overhauled, or modified system to validate reported discrepancies and to aid in the determination of required rework and repairs. The scope of the operational tests shall be of sufficient depth to fault isolate defective components and to verify replacement or repair and to verify that the item(s) are certified to work under specified loads.

3.2 Induction Inspection

As tasked in individual delivery orders, the contractor shall conduct and document induction inspections including documenting discrepancies, inspections performed, technical documentation to be implemented and items required for rework replacement. Systems shall be disassembled and a thorough inspection and evaluation of the exterior and interior surface condition shall be conducted. The inspection shall specifically identify: cracks, corrosion, leaks, damaged controls, excessively worn hinges, faulty attachment fittings, faulty bearings, faulty bushings, worn bolts, distortion, elongation of bolt holes, and technical documentation required to be implemented. Particular emphasis shall be placed on inspection of items that may require special examination and correction as a result of log book information, or specifically requested by the Reporting Custodian. The induction inspection scope shall consist of the following:

(a) Structure: Inspect for corrosion, cracks, distortion, damage, loose and missing fasteners, defective sealant and seals.

(b) Mechanical Linkages and Actuating Mechanisms: Inspect for cracks, corrosion, evidence of improper alignment and adjustment; damage and security.

(c) Electrical Cables and Cable Connectors: Inspect for corrosion, fraying, chafing, kinks, untwisting, broken strands/wires, damaged pins (when disconnected); evidence of improper alignment

(d) Flexible Hoses: Inspect for fraying, chafing, twisting, deterioration, proper routing, and security; and evidence of leakage.

(e) Tubing and Ducting: Inspect for cracks, corrosion and security; evidence of leakage; and fittings and clamps for security and proper installation.

(f) Electrical/Electronic Equipment: Inspect for evidence of overheating;

corrosion, proper bonding and security; defective vibration dampeners; corroded, damaged pins (when disconnected), terminals and connectors.

(g) Inspect for evidence of overheating, chafing, fraying, deterioration, fluid damage and proper routing. Inspect slices and terminals for corrosion and security; connectors for security, damaged pins and deteriorated potting (when disconnected).

(h) Instruments: Inspect for evidence of overheating of electrical units;

damaged faceplates, interference with moving parts, security of units and attached wiring, hoses and tubing.

(i) Operational tests shall be performed to aid in the determination of required rework and repairs. The scope of the operational tests shall be of sufficient depth to fault isolate defective components and to verify replacement or repair.

3.3 Configuration Change and Control

As tasked in individual delivery orders, the contractor shall prepare designated engineering documentation and configuration items including Engineering Change Proposal

(ECP), Request for Waiver (RFW), Request for Deviation (RFD), Notice of Revision, or Specification Change Notice. The contractor shall prepare Preliminary Engineering Change Proposal (PECP) for equipment and computer software changes prior to development of a formal ECP. PECPs, in the format of an Advance Change/Study Notice, shall be submitted for review and approval by the Government.

3.4 Configuration Audits and Reviews

The Contractor shall establish a configuration audit and review program that will ensure that the functional and physical characteristics match those characteristics specified by the configuration identification. It will be the responsibility of the Contractor to provide the hardware and software to be audited, facilities, personnel, documentation (including drawings), and other support as may be required.

3.4.1 Configuration Status Accounting (CSA)

The Contractor shall develop and maintain procedures that will delineate the status of changes from the baseline, and proposed effectiveness and status of implementation of Government approved changes.

3.5 Safety Support

The Contractor shall provide certified assistance experienced in executing system testing involving explosive and/or laser safety. The Contractor shall interface with Fleet forces and facilities, both afloat and ashore to coordinate local Ordnance Handling Equipment (OHE) capabilities and requirements to support system events. The cascading requirements of OPNAVINST 8020.14A Chapter 20 (DON Contractor Ammunition and Explosives Operations) apply, directly when interfacing with live & inert ordnance, and indirectly when executing peripheral tasks (for example when updating operating manuals) that impact explosives safety.

3.6 Hazardous Materials Management Program (HMMP)

The Contractor shall develop and maintain a Hazardous Materials Management Program (HMMP. Explosives (DOT Class 1 hazardous materials) will not be stored, transported, shipped, or trans-shipped under this contract. All hazardous materials will be identified in each individual delivery order.

3.7 Training and Technical Manuals

As tasked in individual delivery orders, the Contractor shall prepare and maintain system level training materials and technical manuals. The system technical manuals may be Interactive Electronic Technical Manual (IETM) and the training materials may be for either instructor lead or Computer Based Training (CBT).

3.8 Packaging, Handling, Storage and Transportation (PHS&T)

As tasked in individual delivery orders, the contractor shall review, document changes and revise information pertaining to PHS&T. The contractor shall assist in the shipment of identified items to supply point and in support of Mine Countermeasure (MCM) units, CONUS or OCONUS, ensuring compliance with all foreign import/export procedures. The cascading requirements of OPNAVINST 8020.14A Chapter 20 (DON Contractor Ammunition and Explosives Operations) apply to the PHS&T of live or inert ordnance. The contractor shall provide Unique Identification (UID) labels in accordance with MIL-STD-129, Military Marking of U.S. Military Property. All packaging for shipments shall be prepared in accordance with MIL-STD-130 unless otherwise specified in the delivery order.

3.9 Spare and Repair Parts

As tasked in individual delivery orders, the Contractor shall provide original equipment manufacturer (OEM) parts to support the AN/SLQ-60 and AN/ASQ-232 systems and their related equipment.

3.10 Basic Contract Monthly Status Report

In accordance with DD Form 1423, Exhibit A, the contractor shall prepare a monthly status report that documents the status of contractor effort towards achieving contract objectives.

The report shall identify accomplishments to date and difficulties encountered, and compare the status achieved to planned goals and the resources expended. Each report shall summarize the progress and status for each active delivery order during the period of the report.

3.11 Engineering and Technical Services

As tasked in individual delivery orders, the Contractor shall provide engineering and technical support. Travel in support of the AN/SLQ-60 and the AN/ASQ-232 will, on average, be quarterly for one or two person(s) and typically be to/from one of the following locations for a two week duration, San Diego, CA, Norfolk, VA, Bahrain, Panama City FL, Korea, and/or Japan. The contractor will supply engineering and technical support consisting of engineering, technicians, drafting and other integrated logistics support (ILS) functions as defined above and in individual delivery orders.

3.12 Live & Inert Ordnance Support

Due to their complexity and statutory criticality, Explosives Safety requirements (including requirements for Ordnance Handling, and also requirements for Ordnance Handling Equipment) apply in a cascading fashion, with top-level requirements issued and promulgated by Chapter 20 of OPNAVINST 8020.14A (DON Contractor Ammunition and Explosives Operations).

As an example of cascading Explosives Safety requirements promulgated by Chapter 20 of OPNAVINST 8020.14A: (a) Contractor personnel shall be qualified and certified in handling explosive materials in accordance with OPNAVINST 8023.24B. (b) The Contractor shall assume administrative responsibility for contract employee training, medical exams, and recertification.

As an example of cascading Explosives Safety requirements promulgated by Chapter 20 of OPNAVINST 8020.14A, specifically for contractor personnel operating at NSWC PCD, the requirements of NSWCPCDINST 8023.4E apply.

Hence, within that framework of cascading requirements, the Contractor shall provide certified personnel for handling and loading ordnance on the AMNS system as required to support system test events. Ordnance handling personnel shall be able to frequently lift loads up to 40 lbs. Ordnance handling personnel shall report to NSWC PCD within 30 days of task order award to complete system-specific training. Training will be conducted by NSWC PCD personnel, using only Inert Components, certified Ordnance Handling Equipment (OHE), and valid/approved Written Procedures.

Prior to initial operations and/or training, for each location Afloat or Ashore, operating personnel shall contact the local Explosives Safety Officer (ESO) or appropriate explosives-safety authority to (a) disclose the scope of work and to (b) obtain written explosives-safety guidance applicable to the specific proposed-operations.

3.13 Quality Control

This functional area consists of applying engineering and analytical disciplines to ensure that the processes and products used in the performance of this SOW result in quality products. The Contractor will establish, implement, document, and maintain a quality system that ensures conformance to Delivery Order requirements and meets the requirements of ANSI/ISO/ASQ 9001-2008 (Reference Section E HQ-E-2-0015 Quality Management System Requirements), or an equivalent quality system model.

No later than 30 days after award, the Contractor shall submit an updated Quality Control Plan (QCP) for review and approval. The QCP shall describe the Quality Management System methodology and approaches used under the contract. Within seven calendar days of any change during period of performance, the Contractor shall submit to the COR a revised QCP for review and approval. Reference NAVSEA FY13 Standard Item 009-04 (29 Jul 2011) - Quality Management System; Provide and NAVSEA FY13 Standard Item 009-06 (17 Oct 2012) - Protection During Contamination-Producing Operations and Maintaining Cleanliness Accomplish.

3.14 Safety & Health

Performance under this contract may require Contractor personnel to come in contact with or be exposed to hazardous conditions. All systems will be provided complete with the respective Material safety data sheet (MSDS) and instructions on disposal and the use of the respective material.

The Contractor shall abide by all applicable federal, local and state occupational safety and health requirements. No later than 30 days after award, the Contractor shall provide a copy of the Safety & Health Program documentation they will utilize for this requirement to the COR for review and approval. The Contractor's Safety & Health Program (S&HP) shall identify the personnel responsible for managing, implementing, training of and enforcement of the S&HP process to ensure employees have appropriate Personal Protection Equipment (PPE), and the process to ensure employees have all required training and certifications related to Occupational Safety and Health Requirements. When applicable, the COR will provide the Contractor the Government Agency's mission specific Standard Operating Procedures (SOP) that may include safety & health requirements.

3.15 Accident Reporting

The Contractor shall maintain an accurate record of and shall report all accidents to the COR and/or the appropriate Security Department as prescribed by OPNAVINST 5102.1D dated 07 January 2005.

3.16 Damage Reporting

The Contractor shall maintain an accurate record of and shall report to the COR all damages to Government Furnished Equipment and Facilities as prescribed by OPNAVINST 5102.1D dated 05 October 2010.

4.0 GOVERNMENT FURNISHED PROPERTY (GFP)

GFP will be specified in individual delivery orders to be issued under the contract.

5.0 SECURITY

This task is UNCLASSIFIED. The cascading requirements of OPNAVINST 8020.14A Chapter 20 (DON Contractor Ammunition and Explosives Operations) apply to the security-management of live or inert ordnance, leading to the physical security requirements of OPNAV 5530.13C (Department Of the Navy Physical Security Instruction for Conventional Arms, Ammunition, and Explosives).

5.1 Release of Information

(a) Release of information shall be in accordance with Section I, 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.

5.2 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.

5.3 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.

5.4 Minimum Protection Requirements for Controlled Unclassified Information

Security classification guides and unclassified limited documents (e.g., For Official Use Only (FOUO), 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.

5.5 For Official use Only (FOUO)

FOUO is a document designation, not a classification. This designation 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 Freedom of Information Act (FOIA). This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974, as amended. FOUO must be marked, controlled and safeguarded in accordance with DoDM 5200.01, Vol. 4, DoD Information Security Program: Controlled Unclassified Information (CUI), February 24, 2012

5.6 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.

5.6.1 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.

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. 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.

5.7 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.

6.0 DISTRIBUTION LIMITATION STATEMENT

Documentation generated under this order shall have the following Distribution Limitation Statement and Destruction Notice affixed to the front cover and title page (if any):

DISTRIBUTION STATEMENT D: DISTRIBUTION AUTHORIZED TO DEPARTMENT OF

DEFENSE AND U.S. DOD CONTRACTORS ONLY (ADMINISTRATIVE/OPERATIONAL USE)

(DATE STATEMENT APPLIED). OTHER REQUESTS FOR THIS DOCUMENT MUST BE

REFERRED TO PEO-LCS (PMS495).

DESTRUCTION NOTICE – FOR CLASSIFIED DOCUMENTS, FOLLOW THE PROCEDURES

IN DOD 5220.22-M, NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING

MANUAL, CHAPTER 5, SECTION 7 OR DOD 5200.1-R, INFORMATION SECURITY

PROGRAM REGULATION. FOR UNCLASSIFIED, LIMITED DOCUMENTS, DESTROY BY

ANY METHOD THAT WILL PREVENT DISCLOSURE OF CONTENTS OR

RECONSTRUCTION OF THE DOCUMENT. DISCLOSURE OF CONTENTS OR

RECONSTRUCTION OF THE DOCUMENT.

7.0 GOVERNMENT AND CONTRACTOR RELATIONSHIP

(a) The services to be delivered under this Contract are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the Contract 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.

(b) All Contractor, subcontractor, and consultant personnel shall wear prominently displayed identification badges at all times when performing work on NSWC PCD property or attending meetings in the performance of this Contract. The badge shall contain the individual's name, the company name and logo. When participating in such meetings (e.g., as a speaker, panel member), those individuals in Contractor employ must supplement physical identification (e.g., badges, place markers) with verbal announcements so that it is clear to the assembled group that they are employees of the Contractor, not NSWC PCD employees. In addition, when working on NSWC PCD property, all contractor, subcontractor, and consultant personnel shall have signs visible on their desks or at their work sites that clearly state that they are not NSWC PCD employees.

(c) The Contractor is responsible for supervision of all contractor personnel assigned to this contract. The Contractor shall exercise ultimate over all aspects of Contractor personnel day-to-day work under this contract 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 contract including the work of its Contractor personnel.

Contractor personnel under this contractor 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 the Government organization.

(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.

(d) Employee Relationship:

(1) The services to be performed under this Contract 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.

(2) 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 to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal service Contract.

(e) Inapplicability of Employee Benefits: This Contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this Contract are not subject to the Federal income tax withholdings.

(2) Payments by the Government under this Contract are not subject to the Federal Insurance Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance of this Contract.

(4) The contractor is not entitled to workman's compensation benefits by virtue of this Contract.

(5) The entire consideration and benefits to the Contractor for performance of this Contract are contained in the provisions for payment under this Contract.

(f) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor Contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated.

(1) 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.

(2) 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:

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

(ii) Countermand any communication regarded as a violation

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

(iv) 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.

8.0 ANTICIPATED DELIVERABLES

Hardware and data deliverables will be specified in individual delivery orders issued under the contract. Specific technical data will be ordered under CDRLs attached to individual delivery orders issued under the contract. It is anticipated that data items ordered under individual orders will be required to be prepared using standardized Data Item Descriptions (DIDs) listed in the DoD 5010.12-L, Acquisition Management System and Data Requirements Control List (AMSDL) current at the time of order issuance. After issuance of the first delivery order, CDRL Item A001 shall be delivered as specified in Exhibit A for the contract as a whole.

It is anticipated that data deliverables prepared under this contract may be required to be delivered as either hardcopy or on electronic media or both as specified in the individual delivery orders.