PWS MCIA Access Control Support DRAFT for RFI.docx

DRAFT Performance Work Statement (PWS) For Marine Corps Intelligence Activity (MCIA) Access Control Support

1.0 BACKGROUND

Only authorized personnel are authorized access to Marine Corps Intelligence Activity (MCIA) facilities. The MCIA Command Security Office (CSO) manages overall security functions, to include access control, for two (2) facilities aboard Marine Corps Base Quantico, Virginia. The CSO requires support to ensure entry control points are monitored, personnel clearances are verified, magnetometer searches are conducted, and only authorized personnel are provided access to MCIA facilities.

2.0 SCOPE

This Performance Work Statement (PWS) is to provide security assistance services to the support Marine Corps Intelligence Activity (MCIA) locations within Marine Corps Base Quantico. These services consist of cleared uniformed access control, personnel support services. The personnel working under this contract shall not perform security-guard functions as that term is used in 10 U.S.C. 2465.

2.1 The contractor shall provide professional, uniformly dressed, and security operations support with Top Secret/Sensitive Compartmented Information (TS/SCI) clearances to perform access control functions required to operate two (2) facilities aboard Marine Corps Base Quantico, Virginia. After hours may be required for various functions.

3.0 REQUIREMENTS

3.1 Access Control Support. The contractor shall provide TS/SCI cleared Access Control Personnel that are professional, uniformly dressed (blue blazer, gray dress slacks, and white dress shirt). Access Control Personnel will provide daily Access Control support and will work within the Command Security Office (CSO).

· Duties: Access Control Personnel. Provide support with access control functions to ensure entry control points are monitored, personnel clearances are verified with appropriate badges exchanged, magnetometer searches are conducted, and only authorized personnel are provided access to MCIA facilities. Contractor support will include clearance verification via the Defense Information System for Security (DISS), Scattered Castles, or other authorized means; issuing visitor and temporary badges to visitors and MCIA employees; properly filling out the MCIA Visitor Log; utilizing the Foreign Visits System – Confirmation Module (FVS-CM) to input all foreign visitors; submission and receipt of visitor and employee visit/perm certifications; validation of Information System Authorization Access Requests (background investigation and clearance information portion); screening incoming and outgoing documents and/or packages that are hand carried by visitors or employees, to ensure that they are properly wrapped and curried in accordance with MCIA policy; conducting magnetometer and other searches of MCIA employees and visitors; become familiar with and utilize MCIA’s Intrusion Detection System (IDS) and alarm station; conduct detailed turnovers with MCIA Command Duty Officers (CDO); conduct and complete end-of-day checklists; and properly open/close MCIA facilities. Required to open and close secured area, which requires the proper use of CDX-09 and CDX-10 style locks. Monitoring of facility control points via line of sight and CCTV.

· Special Requirements: Access Control Personnel must be professionally dressed.

Schedule/Hours of Operation: Contractor personnel shall work in accordance with guidance established by the Government. The Contractor shall provide support services Monday through Friday, between the operating hours of 0600 and 1800. Contractor will work a normal 8 hour shift Monday – Friday. However during special projects there may be a requirement for afterhours or weekend work. Locations include Hochmuth Hall (HH) / Swain Annex, and MCIA West.

4.0 GENERAL REQUIREMENTS

4.1 Program Management - The Contractor shall provide program management support responsible for the oversight of the work. The Contractor will also be responsible for ensuring that contract performance sites have coverage. In addition, the contractor shall provide monthly status report, Quality Control Plan; and an annual Contract Management Review (CMR) to be facilitated by the contractor at a location to be determined by the contractor and the COR. The Program Manager shall have full authority to act on behalf of the Contractor for all issues pertaining to contract administration. The Program Manager will not be required to work on-site.

The Contractor shall take all necessary steps to assure that Contractor and any subcontractor personnel performing under this contract are persons of professional and personal integrity and trust and meet all other requirements stipulated in this PWS.

4.2 Monthly Report - The Contractor shall provide to the COR, on or before the tenth day of each month, a Monthly Report (DEL 0002) to include but not limited to, scheduled, completed and outstanding tasks. A template of the Monthly Report will be provided to the Contractor at the Kickoff meeting.

4.3 Quality Control Program – The contractor shall implement and maintain a Quality Control Plan (QCP) (DEL 0001) to ensure work performed conforms to the scope of work and meets the requirements under this PWS.

4.3.1 The QCP shall, at a minimum provide a method for performing inspections; identifying, correcting and preventing problems/defective service; addressing customer complaints, and improving the quality of services over the life of the contract.

4.3.2 The Contractor shall maintain and update their QCP throughout the performance of this contract. The COR will notify the Contractor of acceptance or required modifications to the QCP. The Contractor shall re-evaluate and submit an updated QCP to the COR for approval six (6) months after contract award, assuming the benefit of lessons learned over the initial six (6)-month period, for approval. Thereafter, the plan shall be reviewed, updated and submitted annually, or as changes occur, for acceptance by the Government. The QCP shall describe the inspection system for the requested services listed in the PWS and shall include the following:

4.3.3 A description of the Contractor's quality control system. The system shall cover all services, specify work to be inspected on either a scheduled or unscheduled basis, the frequency of inspections and describe how inspections will be conducted.

4.3.4 Must also include the name(s) and qualifications of the individual(s) responsible for performing quality control inspections and the extent of their authority. A description of the methods used to record the quality control inspection and corrective actions taken. Corrective action reports shall be provided to the COR no more than one (1) business day from completion of the action.

4.3.5 A description of the methods used for identifying and preventing defects in the quality of service performed.

4.3.6 The approach for filling vacancies in a timely manner, providing qualified personnel and maintaining an ongoing training program to ensure Contractor employees have or acquire the knowledge and skills necessary for new/emerging technology, managing changes in workload requirements and providing timely and accurate invoices.

4.3.7 Additionally, the Contractor shall maintain a complete record of all scheduled and performed Quality Control inspections, inspection results and dates and details of corrective actions.

4.4 Annual Contract Management Review - The Contractor shall coordinate and provide information to support the COR for annual/semi-annual contract review meetings (DEL 0003). The Government will use this time to disseminate information and discuss any contract or operational issues including contract activity. These reviews will be at a time and location of the Government's choice. The Contractor shall submit any agenda item information, task specific documentation, project data to support developing the presentation to the COR no later than five (5) days prior to the scheduled contract review.

4.5 Post Award Kick-Off Meeting - The Contractor shall schedule and coordinate a post award kick-off meeting (DEL 0004) to occur within seven (7) calendar days of Contract award at the Government's primary site at Marine Corps Base Quantico. The meeting will provide an introduction between the Contractor personnel and Government personnel who will be involved with this contract. The meeting will provide the opportunity to discuss technical, management, security issues, and reporting procedures. At a minimum, the attendees shall include vital Contractor personnel (Program Manager), representatives from the directorates, other relevant Government personnel, the COR and the contracting officer.

4.6 Non-Disclosure Agreement – (DEL 0005) All Contractor personnel receiving access to Government data or data from another Contractor through this effort shall provide a signed non-disclosure statement prior to start of work. This statement shall be submitted to the Contracting Officer with a copy for the Contracting Officer Representative (COR). All non-disclosure agreements shall be signed by all Contractor personnel involved in this effort and are required to be provided during Post-Award Kick-Off meeting. Any Contractor employee that joins the contract after Kick-Off is required to provide a signed NDA within five (5) business days of hire.

4.7 – Transition-In and Transition-Out Plan.

4.7.1 – Transition-In. The contractor shall ensure that there will be minimum service disruption to vital Government business and no service degradation during and after transition. Prior to the end of the existing Contract period, the Contractor, in coordination with and agreed upon by the Government and the incumbent contractor, shall provide phase-in support for up to fifteen (15) days. All transition activities shall be completed 15 calendar days after the start date of the order/award. The Contractor shall deliver a draft Transition-In Plan at the time of quote/proposal. The draft Transition-in Plan is subject to changes pending Government comments and recommendations after the kick-off meeting. The final Transition-In Plan shall be approved by the COR.

4.7.2 – Transition-Out. The Transition-Out Plan shall facilitate the accomplishment of a seamless transition from this Contractor to any subsequent incoming contractor and Government personnel at the expiration of this Contract. The Contractor shall provide a Transition-Out Plan NLT 90 calendar days prior to expiration of this Contract.

The Contractor shall identify how it will coordinate with any subsequent incoming contractor and/or Government personnel to transfer knowledge regarding the following:

· Project management processes

· Points of contact

· Location of technical and project management documentation

· Status of ongoing technical initiatives

· Appropriate contractor–to-contractor coordination to ensure a seamless transition. Transition of Key Personnel

· Schedules and milestones

· Actions required of the Government

· Any other item identified by the COR

4.7.3 – The Contractor shall also establish and maintain effective communication with the incoming contractor/Government personnel for the period of the transition via weekly status meetings. All transition activities shall be completed 15 days after the start of the successive contract.

5.0 SECURITY REQUIREMENTS

5.1 The Contractor shall take all necessary steps to assure that Contractor and any subcontractor personnel performing under this contract are persons of professional and personal integrity and trust and meet all other requirements stipulated in this PWS

5.2 The Contractor shall be responsible for ensuring all contract personnel are U.S. citizens and possess an in-scope (per current DoD 5-year reinvestigation requirement), favorable, Single Scope Background Investigation (SSBI) / T5 investigation (to include SBPR, PPR or T5R), or currently enrolled in the DoD Continuous Evaluation (CE) / Continuous Vetting (CV) program, adjudicated for Sensitive Compartmented Information (SCI) eligibility by DCSA Adjudication and Vetting Services (AVS) without conditions, exceptions, or waivers at the time of award and prior to performance under this contract.

5.3 All Contractors are subject to random Counterintelligence Scope Polygraph (CSP) examinations as part of the Director of Intelligence's Continuous Evaluation Program.

5.4 The Contractor shall ensure it, and any subcontractors have completed all DD Form 254 requirements prior to commencing any work under this contract.

5.5 The Contractor shall safeguard all Government property and information provided in performance of this contract. Contractor employees shall be subject to all MCIA security procedures and any other applicable installation access and security regulations.

5.6 The contractor shall have an active final Top Secret Facility Clearance (access to COMSEC and NATO) without any Special Limitations that restrict access.

5.7 Before any subcontracting can take place, approval from the MCIA SSO is required. DD Form 254 is required.

5.8 The contractor performance will be at the Marine Corps Intelligence Activity, 2033 Barnett Avenue or 27402 MCB1 Road.

5.9 FAR 52.204-2 Security Requirements. This clause applies to the extent that this contract involves access to information classified “Confidential,” “Secret,” or “Top Secret.”

5.10 The Contractor shall comply with- The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); and Any revisions to that manual, notice of which has been furnished to the Contractor.

5.11 If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

5.12 The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

5.13 For any contractor personnel conducting Intelligence or Intelligence-related activities or supporting those efforts under Department of Defense authorities shall timely report any Questionable Intelligence Activity (QIA) or Significant or Highly Sensitive Matter (S/HSM) to the MCIA Intelligence Oversight Manager (IOM) or Senior Intelligence Officer (SIO).

5.14 Questionable Intelligence Activity (OIA): Any Intelligence or Intelligence-related activity when there is a reason to believe such activity may be unlawful or contrary to an Executive Order, Presidential Directive, Intelligence Community Directive, or applicable Department of Defense policy governing that activity.

5.15 Significant or Highly Sensitive Matter (S/HSM): An Intelligence or Intelligence-related activity (regardless of whether the Intelligence or Intelligence-related activity is unlawful or contrary to an Executive Order, Presidential Directive, Intelligence Community Directive, or applicable Department of Defense policy), or serious criminal activity by Intelligence personnel, that could impugn the reputation or integrity of the Intelligence Community, or otherwise call into question the propriety of Intelligence activities. Such matters might involve actual or potential Congressional Inquiries or investigations, Adverse Media Coverage, Impact on Foreign Relations or Foreign Partners, or Systemic Compromise, loss, or unauthorized disclosure of protected information.

5.16 All personnel involved in support to this contract will comply with the measure and procedures identified in MCIA Order 3070.1, Operations Security (OPSEC) Program. Personnel shall safeguard sensitive information and preserve operations readiness by diligently managing OPSEC risks and applying proportionate countermeasures. To adhere to this guidance, the following requirements will be met:

5.17 All Contract personnel will be required to obtain Government Common Access Cards (CACs) to work under this PWS

5.18 Access to US military sites is a privilege that may be granted, denied, or withdrawn by the Marine Corps. Denial or withdrawal may occur as a result of any type of misconduct or incident determined contrary to the best interest of the Marine Corps mission, protection of property, welfare of personnel and for any other infraction determined justifiable for denying access.

5.19 The Contractor shall comply with the following:

5.19.1 No employee or representative of the contractor will be admitted on a Marine Corps site unless they furnish satisfactory proof of United States citizenship or, if an alien, that their residence and employment within the United States is legal.

5.19.2 All Contractor employees must possess a valid picture identification card issued by a State or Federal agency.

5.19.3 Contractor employees shall conduct themselves in a proper, efficient, courteous and business-like manner.

5.19.4 Contractor employees entering Marine Corps sites shall comply with all security requirements in effect during the contract periods and shall be subject to such checks as may be deemed necessary. The Contractor should contact each installation prior to beginning work on-site to ensure the Contractor understands and can comply with individual installation security requirements.

5.20 The Contractor and his employee shall be subject to all traffic, security and registration regulations for personnel and vehicles, to include Marine Corps Base Order 4200.3 "Contractor Screening Policy."

5.21 Contractor personnel shall ensure that when logged onto Government equipment that their profile and email signature blocks identify them as Contractor personnel. Unless otherwise directed by the COR, all documents produced or revised by Contractors or developed through Contractor participation must be marked as "Contractor generated documents" or otherwise identified in a manner that discloses the Contractor's participation.

5.22 Work on this project requires that Contractor personnel have access to Privacy Information. In addition, personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Contractor personnel will be expected to sign a Non-Disclosure Form, which will be provided to the Contracting Officer or the COR prior to commencing work. Contractor acknowledges that criminal penalties under section 1106(a) of the Social Security Act (42 USC 1306(a)), including possible imprisonment, may apply with respect to any disclosure of information in the file(s) that is inconsistent with the terms of the agreement. Contractor further acknowledges that criminal penalties under the Privacy Act (5 USC 552a(I)(3), as amended) may apply if USMC determines Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

6.0 DELIVERABLES

The Marine Corps shall have unrestricted access and use of all deliverables upon delivery. The Contractor shall provide all deliverables in a version, format and media used/useable and modifiable by the Marine Corps. Therefore, unless otherwise directed by the COR, the deliverable items identified in this PWS shall be delivered in a media and an electronic format compatible with resources currently being used by the Government.

Table 1 - Deliverables Schedule

Deliverable Content

Copies Due Date

Electronic format via Microsoft Word format

4.1 IAW PWS 4.2

4.1 IAW PWS 4.2

The Contracting Officer will receive an invitation to the annual CMR.

Electronic format via Microsoft Word format

Within seven (7) calendar days after award

Electronic format via PDF

NOTE: The USMC will maintain full data rights to all products and deliverables. Furthermore, the Marine Corps shall have unrestricted access and use of all deliverables upon delivery. The Contractor shall provide all deliverables in a version, format, and media used/useable and modifiable by the Marine Corps.

7.0 TRAVEL

No travel is authorized or required for this effort.

8.0 HOURS OF OPERATION

8.1 Federal Holiday Observances - The Government observes and the contractor may not have access to federal work space or the COR on the following legal holidays and any other day determined to be a holiday by the President of the United States and Public Law:

Service will not be required on the below listed holidays. Government holidays include:

Independence Day

8.2 Inclement Weather - Local determinations relating to adverse weather conditions, national emergencies, energy conservation, MCIA/Organizational determinations, etc., may require the center to close. However, in the event these should occur, the contractor shall be available for support in the event of an emergency.

9.0 PLACE OF PERFORMANCE

The Marine Corps will provide access to any site where on-site work is required. Work will be performed at the following locations:

10.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Contracting Officer’s Representative (COR) assists in the technical monitoring or administration of a contract. The Contracting Officer’s Representative (COR) designation will be provided upon contract award.

11.0 GOVERNMENT FURNISHED EQUIPMENT

The Government will provide such support as office space and furniture, computers, forms, normal office supplies, and telephone access. The computer, laptop and telephone shall be for Official Use Only and shall be subject to communications management monitoring and security monitoring.

12.0 GOVERNMENT FURNISHED INFORMATON

The Government will provide the Contractor necessary access to Government personnel with technical, functional, activity, management information, and planning process expertise required to perform the tasks outlined herein.

13.0 INTELLECTUAL PROPERTY

Data, Software and Intellectual Property Rights. All reports, materials (including, but not limited to, all training and training-related materials including all SOPs, lessons learned, analyses/evaluations and analyses/evaluation criteria, computer software/applications and hardware, source code, interfaces, tools, works, and other related items) data, information, and all electronic/digital files and other items described herein, and any other items, (hereinafter referred to individually or collectively as the Work or Works), and all intellectual property rights in or to such Works, in whatever form, created, generated, or produced under, or as a result of, this PWS shall become the property of the U.S. Government/Marine Corps, i.e., the U.S. Government/Marine Corps shall be the owner of all of these Works and all intellectual property rights in or to these Works. The Contract will include DFARS Clauses 252.227-7015 Technical Data–Commercial Items, 252.227-7017 - Identification and Assertion of Use, Release, or Disclosure Restrictions, 252.227-7020 - Rights in Special Works and 252.227-7027 - Deferred Ordering of Technical Data or Computer Software. The Contractor will provide the COR with a data rights assertion listing for all deliverables including both non-commercial and commercial technical data and computer software.

Moreover, except as provided in writing by the Contracting Officer, no Work, information, material and/or other item created, generated, produced or provided under, or as a result of, this PWS/effort shall be used by the Contractor or any of its employees/agents, subcontractors and/or representatives, for any purpose other than for the support and performance of this PWS.

13.1 Access to Proprietary Data or Computer Software:

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party (including an affiliated party) who asserts that such data or software is proprietary. If access to such data or software is required and needs to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer prior to the start of any work under this effort. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data as to the restrictions under which access is granted; (2) not disclose the data to another party or other Contractor personnel except as authorized by the above-described NDA and the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data to any other party, including, but not limited to, joint venture, affiliate, successor, or assign of the Contractor; and (5) reproduce any restrictive stamp, marking, or legend on each use of the data whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting "subcontractor" for "Contractor" where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

13.2 Organizational Conflict of Interest:

(a) “Organizational Conflict of Interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. “Person” as used herein includes corporations, partnerships, joint ventures, and other business enterprises.

(b) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the contractor does not have any organizational conflict of interest(s) as defined in the PWS.

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict of interest on the instant contract or on a future acquisition. In order to avoid potential conflict of interest, and at the same time to avoid prejudicing the best interest of the Government, the right of the contractor to participate in future procurement of equipment and/or services that are the subject of any work under this contract shall be limited as described below in accordance with the requirements of FAR 9.5.

(d) (1) The contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the government any information provided to the contract by the government during or as a result of performance of this contract. Such information includes, but is not limited to, information submitted to the Government on confidential basis by other persons. Further, the prohibition against release of Government provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in contractor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a 3-year period.

(2) The contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure or any party outside the government any information generated or derived during or as a result of performance of this contract. This prohibition shall expire after a period of three years after completion of performance of this contract.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the contractor, any subcontractor, consultant, or employee of the contractor, any joint venture involving the contractor, any entity into or with which it may merge or affiliate, or any successor or assign of the contractor. The terms of paragraph (f) of the Special Contractor Requirement relating to notification shall apply to any release of information in contravention of this paragraph (d).

(e) The contractor further agrees that during the performance of this contract and for a period of three years after completion of performance of this contract, the contractor, any affiliate of the contractor, any subcontractor, consultant, or employee of the contractor, any joint venture involving the contractor, any entity into or with which it may subsequently merge or affiliate or any other successor or assign of the contractor, shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as a consultant to a prime contractor or as a subcontractor, any system, component or services which is the subject of the work to be performed under this contract. This exclusion does not apply to any re-competition for those systems, components, or services on the basis of work statements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor affiliate, or assign of either, during the course of performance of this contract or before the three year period following completion of this contract has lapsed, the contractor may, with the authorization of the cognizant contracting officer, participate in a subsequent procurement for the same system, component, or service. In other words, the contractor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest; it shall make immediate and full disclosure in writing to the contracting officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action, which the contractor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the contracting officer in making a determination on this matter. Notwithstanding this notification, the government may terminate the contract for the convenience of the government if determined to be in the best interest of the government.

(g) Notwithstanding paragraph (f) above, if the contractor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the contracting officer, the government may terminate this contract for default.

(h) If the contactor takes any action prohibited by this requirement or fails to take action required by this requirement, the government may terminate this contract by default.

(i) The contracting officer's decision as to the existence or nonexistence of the actual or potential organization conflict of interest shall be final and is not subject to the clause of this contract entitled "DISPUTES" (FAR 52.233.1).

(j) Nothing in this requirement is intended to prohibit or preclude the contractor from marketing or selling to the United States Government its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the contractor from participating in any research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The contractor shall promptly notify the contracting officer, in writing, if it has been tasked to evaluate or advise the Government concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the government's interest.

(l) The contractor shall include this requirement in subcontracts of any tier which involve access to information or situations/conditions covered by the preceding paragraphs, substituting "subcontractor" for "contactor" where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

(n) Compliance with this requirement is a material requirement of this contract.

14.0 OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS:

14.1 Non-Disclosure Agreement: All Contractor personnel receiving access to Government data or data from another Contractor through this effort must provide a signed non-disclosure statement prior to start of work. This statement shall be submitted to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR). All non-disclosure agreements shall be signed by all Contractor personnel involved in this effort and returned within five (5) business days after receipt of award. If company hires new employees to support this effort a NDA must be signed within 5 days of employment.

14.2 Privacy Act: Work on this project requires that Contractor personnel have access to Privacy Information. In addition, personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Contractor personnel will be expected to sign a Non-Disclosure Form, which will be provided to the Contracting Officer or the COR prior to commencing work. Contractor acknowledges that criminal penalties under section 1106(a) of the Social Security Act (42 USC 1306(a)), including possible imprisonment, may apply with respect to any disclosure of information in the file(s) that is inconsistent with the terms of the agreement. Contractor further acknowledges that criminal penalties under the Privacy Act (5 USC 552a(I)(3), as amended) may apply if USMC determines Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

15. PERFORMANCE MEASUREMENTS

The Performance Requirement Summary identifies the Performance Objectives that are considered critical in determining successful contractor performance for the mission support contract. It identifies both the Performance Objectives and the performance standard required for each Performance Objective from the Performance Work Statement.

15.1 Performance Evaluation. Performance of a service will be evaluated to determine whether or not it meets the performance standard. Inspections may be performed by the COR or any tenant of the facilities designated by the COR. Re-performance/correction of action is the preferred method of correcting any unacceptable services. If an unacceptable service is annotated on a Contract Discrepancy Report (DA Form 5479-R) the contractor shall provide the Government written response stating why the performance standard was not met, how the performance will be returned to acceptable levels, and how recurrence of the cause will be prevented in the future. The methods of performance evaluation may be; inspection (I), analysis (A) or demonstration (D).

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

Para #

4.2 95% accuracy & completed on time.

Less than 5% rework required for completed task.

Observation Random Monitoring

Re-accomplish at no additional cost to the Government

Consequential impacts to performance may warrant financial consideration, negative CPARS entry or contract termination

95% of work completed on time.

Less than 10% rework required for completed task.

Observation Random Monitoring Consequential impacts to performance may warrant financial consideration, negative CPARS entry or contract termination

4.1

Staffing: Includes selection of qualified staff to meet requirements:

- Adequacy of skills, experience of staff to meet program requirements

- Use of team members, subcontractor staff to ensure most qualified capabilities are applied; and Responsiveness and use of staff within the WBS framework for workload management.

4.1 95% accuracy & completed on time.

Less than 5% rework required for completed task.

The PRS provides the base line requirement, basic structure and minimum standards for program operation. Throughout performance, the Contractor shall ensure that all personnel, based upon their selected staff complement, are fully trained and possess the tactile skills required to execute the functions of the assigned role to the standards of quality outlined in the PRS. The Contractor is responsible for developing and implementing a support structure to meet program objectives set forth in the PRS.

(a) APPENDIX A

APPLICABLE DOCUMENTS

All documents listed within the table below are applicable to this Contract.

(ICD) 704

https://www.intel.gov/articles/1163-icd-704-personnel-security b.

DoDM 5105.21:

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/510521m_vol1.PDF?ver=F59H2ogpwypm25E3o7Tnw%3d%3d https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/510521m_vol2.PDF?ver=QY_uwQ_yH-hF6dXzPgdPuA%3d%3d https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/510521m_vol3.pdf?ver=2020-09-15-132603-533 c.

DoDM 5200.01 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol1.PDFver=_231UT7kXidUDWsvEF0yEQ%3d3dhttps://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol2.pdf?ver=2020-08-04-112507-683 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/510521m_vol3.pdf?ver=2020-09-15-132603-533

i.

Marine Corps Base Order 4200.3 http://www.quantico.marines.mil/Portals/147/Adjutant/SSIC/04000/MCBO%20 4200.3%20- %20CONTRACTOR%20SCREENING%20POLICY.pdf?ver=2012-12-17- 085628-320