Type_II_WSB_SOW_02-15-2017.docx

UNCLASSIFIED (UNCLAS)

STATEMENT OF WORK

FOR

CONTINUED INVESTIGATION AND OPERATIONAL TESTING OF TYPE II WATERSIDE SECURITY BARRIERS

1.0 SCOPE

The scope of this effort includes engineering services for the development of critical preliminary documentation leading to the procurement and installation of a fully automated Type II WSB, compliant with the specific technical attributes described within Attachment I for the intended location. For the purposes of this effort, fully automated operation shall be defined as shown within Type II WSB Technical Attributes (Attachment 1).

Background

The Naval Surface Warfare Center, Panama City Division (NSWC PCD) has requirements from multiple program areas to support systems development in support of Anti-Terrorism/Force Protection (AT/FP) and Homeland Security. These programs are high priority with National Security implications. The scope of this Statement of Work (SOW) encompasses several phases of the Integrated Defense Acquisition Management Framework–Concept Refinement, Development, Operations and Life Cycle Support Phases as well as the procurement and installation of the resulting waterside security barrier for operational testing purposes.

Waterside security has historically and continues to be a top priority for the Chief of Naval Operations (CNO). In addition, US Fleet Forces Command (USFFC) has directed the continued investigation, testing, and procurement of a Type II Waterside Security Barrier (WSB). To date, the US Navy has invested heavily in modeling and testing different water barrier designs, and the current Type I WSB (Port Security Barrier (PSB)) has been successfully deployed operationally since 2001. Commander Navy Installations Command (CNIC), the initial sponsor of the Type II WSB Research, Development, Test and Evaluation (RDT&E) effort and Business Case Analysis (BCA), continues to support further and follow-on testing of an operational Type II WSB.

The Naval Facilities Engineering Command (NAVFAC) Anti-Terrorism Force Protection (ATFP) Ashore Program Management Office (PMO) has successfully conducted developmental tests on a semi-automated, uni-directional waterside security barrier in addition to successful demonstrations of fully automated gates by other DoD and USN organizations. Follow-on Research, Development, Test, and Evaluation (RDT&E) have sought to develop definitive requirements for the next generation Type II WSB solution set based on these demonstrations and analyses. A performance-based acquisition for engineering services to develop a fully automated Type II WSB that can be configured to permit entry and exit of Navy ships and small boats at U.S. Navy ports in accordance with standard operations was conducted under N61331-13-D-0004 DO 014.

1.1 Acronym List

2.0 APPLICABLE DOCUMENTS

The following documents of the exact issue shown form a part of this SOW to the extent specified herein. In the event of conflict between the document referenced herein and the contents of this SOW, the contents of this SOW shall take precedence.

2.1 Military Specifications: None

2.2 Military Standards: None

2.3 Other Documents:

a) DoD Instruction O-2000.16, Volume 1 &2 DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, 17 Nov 2016

b) DoD Instruction 2000.12, DoD Antiterrorism (AT) Program, 1 Mar 2012

c) SECNAVINST 3300.2B, DON Antiterrorism/Force Protection (AT/FP) Program, 28 Dec 2005

d) OPNAVINST F3300.53C, Navy Antiterrorism Program, 26 May 2009

e) OPNAVINST 5530.14E, Navy Physical Security and Law Enforcement Program, 28 Jan 2009

f) NTTP 3-07-2-3, Navy Tactics, Techniques, and Procedures for Law Enforcement and Physical Security for Navy Installations, Aug 2011

g) DoD Instruction 8500.01, Cybersecurity, 14 Mar 2014

h) DoD 5220.22-M, National Industrial Security Program Operating Manual, 28 Feb 2006

i) AR 25-1, Information Management, 4 Dec 2008

j) AR 25-2, Information Assurance, 03 Aug 2007

k) DoD Instruction 8510.01, Risk Management Framework (RMF) for DoD Information Technology (IT), 12 Mar 2014

l) DoD Directive 8570.1-M Information Assurance Workforce Improvement Program 10 November 2015

m) NTTP 3-20, Tactical Boat Operations, Feb 2008

n) UFC 04-20, Security Engineering Facilities Planning Manual,11 Dec 2008

o) UFC 04-25, Security Engineering: Waterfront Security, 01 Nov 2012

3.0 REQUIREMENTS

The Contractor shall provide support within the task areas set forth in this SOW as follows.

Contractor support is required for the procurement and the associated installation of the barrier system. Major tasks include, but are not limited to, the initial site survey, preliminary site design, establishment of barrier module characteristics, system configuration, and barrier operation training materials.

3.1 Programmatic Support

3.1.1 The Contractor shall present a Plan of Action and Milestone (POA&M) (in MS Project and Adobe Portable Document Formats) that identifies critical dates and activities for Government review, no later than ten (10) work-days after contract award. (CDRL A002)

3.1.2 The Contractor shall host a post-award contract meeting for this effort within thirty (30) days after contract award. The purpose of the meeting will be to answer or explain any uncertainties pertaining to contract fulfillment requirements, scientific methods, management procedures, reporting formats, and deliverable time schedules. The Contractor shall be responsible for publishing all meeting minutes in a timely manner. (CDRL A003)

3.1.3 The Contractor shall prepare a final report detailing observations, summarizing preventative maintenance actions, and detailing engineering analysis of each corrective maintenance actions. The final report shall include Contractor lessons learned and recommendations to improve operation, performance, sustainability, and lower total ownership cost. The final report shall cover the full period of performance. (CDRL A007)

3.2 Preliminary Site Design

3.2.1 The Contractor shall analyze, design, and provide a suitable mooring plan and present it to the US government Program Manager for approval. The Contractor shall deliver a detailed written report on the mooring design. The report shall be delivered with the data and binary files from the use of a hydrodynamic model (e.g. OrcaFlex). In addition, the Contractor shall provide technical input to the NAVFAC Site Approval Forms. (CDRL A001)

3.2.2 The Contractor shall support the Government in analyzing and designing mechanical attachments to a connection point that may be an intermediary mooring, anchor point, or similar that ensures all forces between the automated Waterside Security Barrier and the existing PSB remain fully isolated.

3.2.3 The Contractor shall provide a Back-Up Operations capability (i.e., other than fully automated gate operations) in their system design.

3.2.4 The Contractor shall provide the Government with control system documentation in support of certification and accreditation efforts undertaken by the Government. (CDRL A008)

3.2.5 The Contractor shall ensure the system meets all minimum specifications included in Attachment 1, Technical Attributes.

3.2.6 The Contractor shall analyze, design, and install suitable automated gate controls at a location on Naval Station Norfolk, as directed by the Government (e.g. at the Port Operations Tower).

3.3 Site Specifications

3.3.1 The Contractor shall ensure the WSB system addresses site characteristics specific to Naval Station (NAVSTA) Norfolk.

3.3.2 The WSB system shall have a gate length of up to four hundred (400) feet.

3.3.3 The WSB system shall have a gate opening/closing time of not greater than thirty (30) minutes the in normal operating mode (i.e., fully automated). Gate opening/closing times shall be measured from when the gate operation procedures are initiated by the operator / watch-stander until the time the gate has moved to the fully open or closed position.

3.4 Barrier Procurement and Installation

3.4.1 The Contractor shall provide all of the necessary materials and conduct all installation services in accordance with the documentation resulting from the services specified above. The Contractor shall conduct installation services in coordination with the Government.

3.4.2 The WSB system shall meet the minimum technical attributes specified under Attachment 1 of this Statement of Work.

3.4.3 The contractor shall provide a minimum warranty period of 12 months starting at final Government acceptance of the installation. Warranty coverage is anticipated to include labor, materials, and associated travel and services required to repair the barrier. During the warranty period, the Government will provide for emergency backup operations (i.e., provide the personnel and water craft required to manually open and close the gate). (CDRL A005)

3.5 Training Support

3.5.1 The Contractor shall provide instructor training and training materials for up to two (2) personnel designated by Naval Station Norfolk. The Contractor shall support the Government Instructor during conduct of initial operator training to one (1) group of up to twenty five (25) personnel. Personnel chosen for operator training will have been vetted by Naval Station Norfolk management to be competent in supporting normal and emergency WSB system operations. It is expected that the mix of the group will be shore-side port operators and harbor-side boat support operators. Training shall include normal and back-up operational procedures. The training should be delivered in a method mixing initial classroom orientation training with hands-on operational use in a controlled environment under the control of Port Operations with oversight by the Contractor.

3.5.2 The Contractor shall provide electronic and hard copy versions of the training materials to the Government for retention and usage. These materials shall include general training information for the system components as well as site-specific usage information. (CDRL A006)

3.6 Logistical Support

3.6.1 The Contractor shall be responsible for scheduling and managing all crane and dive support services required to execute this Statement of Work.

3.6.2 The Contractor shall provide product-specific and site-specific routine preventative maintenance and corrective maintenance procedures. The actions required within these procedures shall be demonstrated to Government personnel after final Government acceptance. Materials shall be provided in electronic and hard copy formats. (CDRL A007)

3.6.3 The Contractor shall provide twelve (12) months of routine preventative maintenance and corrective maintenance starting at final Government acceptance of the installation.

3.7 Travel

Travel is anticipated to the installation site, Naval Station Norfolk, VA as well as Panama City, FL for the conduct of the kickoff meeting and Washington, DC for conducting programmatic support. As part of the proposal, the Contractor shall propose the number of trips, number of personnel, and length of stay to provide the required technical services and information to meet the requirements of this SOW.

The Contractor shall coordinate the utilization of any required transportation associated with conducting site visits for information gathering purposes. This includes, but is not limited to, Navy-approved work boats to accommodate necessary Contractor and Government personnel. Actuals cost, resulting from the performance of travel requirements, shall be reported as part of the contractor's monthly status report. The reportable cost shall also be traceable to the contractor's invoice.

3.8 Material Purchases

3.8.1 Only items directly used for this Contract, for work within the scope of the SOW, shall be purchased under this Contract. The Contractor shall include a list of all material purchases associated with the effort described above within their initial proposal.

3.8.2 Information Technology (IT) equipment, or services must be approved by the proper approval authority. All IT requirements, regardless of dollar amount, submitted under this Task Order shall be submitted to the Contracting Officer for review and approval prior to purchase. The definition of information technology is identical to that of the Clinger-Cohen Act; that is, any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. Information technology includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

3.9 Space and Access to Government Facilities and Networks

3.9.1 The Task Order will be performed primarily at Contractor's and Subcontractor's facilities. Access will be required to Naval Surface Warfare Center, Panama City Division (NSWC PCD), and Norfolk Naval Station, Virginia.

3.9.2 The Contractor may access the Washington Navy Yard locations for Commander Naval Installations Command (CNIC) and Naval Facilities Engineering Command (NAVFAC), Washington, DC on occasion for meetings, working groups, presentations and technical/programmatic information exchanges.

3.10 Inspection and Acceptance

The Technical Representative or COR shall perform inspection and acceptance of deliverables, and quality assurance of the contractor's performance. The COR shall remain apprised of the contractor's performance status. Contractor shall provide detailed Monthly Status Reports (MSRs) to include weekly accomplishments, finance planning/expenditures and all activities in accordance with paragraph 3. (CDRL A004)

3.11 Government Support

The Government shall provide the necessary personnel to assist with the Contractor’s site visits, including but not limited to, Government site escorts and Government approved photographers. The Contractor shall include, in their proposal, a preliminary list of all necessary Government accommodations required to successfully complete the aforementioned site visits to obtain the necessary information for completion of this contracting effort. During the contract kickoff meeting, the Contractor shall provide the Government with a finalized list of all Government accommodations necessary for successful completion of the site visits.

The Government will provide the Contractor a lay-down area for assembly, deployment, and a contractor-provided work trailer / “connex” box. The Government will provide the Contractor access to the installation area, existing toilet facilities, dumpster services, and an electrical power hookup. The Government will coordinate infrastructure, environmental, and site approvals, and provide personnel for operational training as subject matter experts to train additional required operators.

The Government will only provide support craft and associated craft personnel services for emergency backup operations during the warranty period.

4.0 GOVERNMENT FURNISHED INFORMATION AND PROPERTY

4.1 Government Furnished Information (GFI).

All documentation requested by the Contractor to perform the tasks under this contract will be provided to the Contractor within 10 days of issuance of the contract. Any other requests for information shall be submitted to the COR. All GFI shall be returned, to the COR, at the conclusion of the period of performance, unless earlier return is required.

The Government shall provide details requested by the Contractor regarding the specifics of a representative pier installation for their design, development, and modeling efforts.

4.2 Government Furnished Equipment (GFE)

None

4.3 Government Furnished Materiel

None

5.0 DATA DELIVERABLES

Data deliverables shall be in accordance with the attached Contract Data Requirements List (CDRL) DD Form 1423.

6.0 PERIOD OF PERFORMANCE

The period of performance is twenty-four (24) months after the date of contract award. This includes: twelve (12) months to deliver the fully installed and operational waterside security barrier; and twelve (12) months of sustainment following the date of Government acceptance. Per paragraph 3.2.1, the POA&M will show critical path items for the combined Government and Contractor organizations.

7.0 SECURITY

This requirement is UNCLASSIFIED (UNCLAS).

Personnel will regularly be required to have access to and/or handle material up to the Controlled Unclassified Information level. Deliverables will be UNCLASSIFIED with the For Official Use Only (FOUO) caveat. The Contractor will not be required to generate or store classified material to perform this requirement.

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.

7.1 Controlled Unclassified Information (CUI)

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

7.2 Minimum Requirements for Access to Controlled Unclassified Information (CUI)

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

7.3 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.

7.4 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

7.5 Security of Unclassified DoD Information on Non-DoD Information Systems (DoDI 8582.01) DoD Policy

Adequate security shall be provided for all unclassified DoD information on non-DoD information systems. Appropriate requirements shall be incorporated into all contracts, grants, and other legal agreements with non-DoD entities.

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

Information Safeguards

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

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

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

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

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

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

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

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

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

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

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

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.

7.6 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.

8.0 DISTRIBUTION LIMITATION STATEMENTS

8.1 Scope of Work Product Control Guidance. Technical documentation generated under this Task Order shall carry the following distribution limitation statements. Word processing/CAD files shall have the statements included in the file such that the first page of any resultant hard copy shall display the statements. For drawings, the statements shall be as near to the title as possible without obscuring any detail of the drawing. Additionally, any electronic media (i.e. CD-ROM) delivered shall be marked externally with the statements.

Prior to distribution/release/destruction of any documentation developed for this effort, the sponsor’s guidance is provided in section 8.2. In the event of conflict between the SOW product control guidance, and the sponsor-mandated product control guidance, the SOW guidance shall prevail. Conflicts identified by the Contractor should be forwarded to the COR for mitigation and/or resolution.

SOW Product Control Guidance:

DISTRIBUTION STATEMENT C: Distribution authorized to U.S. Government Agencies and their contractors; premature dissemination; [insert date of determination]. Other requests shall be referred to NAVFAC AT/FP Ashore PMO, Mr. Joe McConnell, 1332 Patterson Ave, Suite 1000, Washington Navy Yard, Washington DC 20374.

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.

8.2 Sponsor-Mandated Product Control Guidance. The programmatic sponsor has provided the following guidance on handling of informational products developed under this statement of work.

Data Rights. The Contractor will provide the government a description of Intellectual Property (IP) with the report.

Distribution Release. All data provided to the Contractor by the Government and/or developed by the Contractor for the Government will be protected from disclosure per the markings contained on the document and as described in the following text. All other information relating to the items to be delivered or services to be performed under this delivery order may not be disclosed by any means without prior approval by the Government.

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.

Distribution of any product resulting from the Statement of Work will be limited to the Department of Defense (DoD) and U.S. DoD contractors. No data, technical or otherwise, derived from this project will be discussed with third parties or released through publication or in any other forum, except with specific, written authorization from the Anti-Terrorism Force Protection Ashore Program Manager.

The proposed effort is UNCLASSIFIED/FOR OFFICIAL USE ONLY. All contract reports, briefings, data, and specifications derived from the execution of this effort will be UNCLASSIFIED/FOR OFFICIAL USE ONLY.

9.0 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 Government property or attending meetings in the performance of this Contract. The badge shall contain the individual's name and company name. 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 Task Order. The Contractor shall exercise ultimate control over all aspects of Contractor personnel day-to-day work under this Task Order including the assignment of work, means and manner of Contractor employee performance and the amount of Contractor supervision provided. The Contractor shall be ultimately responsible for all aspects of performance under this Task Order including the work of its Contractor personnel.

Contractor personnel under this Task Order shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other NSWC PCD contracts, or become a part of 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 Task Order do not require the Contractor or its personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

(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 services Task Order.

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

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

(2) Payments by the Government under this Task Order 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 Task Order.

(4) The Contractor is not entitled to workman's compensation benefits by virtue of this Task Order.

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

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

(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 shall 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.

UNCLASSIFIED (UNCLAS)

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