PWS Military Manpower Policy Integration (MPO-I)(Draft).docx

PERFORMANCE WORK STATEMENT

FOR

MILITARY MANPOWER POLICY - INTEGRATION RESEARCH ANALYSIS

1. Background

1.1. The Military Manpower Policy – Integration (MPO-I) Branch provides a description of the organization and processes that constitute the interactions from recruiting through the separation/retirement of Marines. This branch monitors a complex chain of processes for individual Marines that spans the responsibilities of Marine Corps Recruiting Command (MCRC), Manpower and Reserve Affairs (M&RA), Combat Development and Integration (CD&I), Training and Education Command (TECOM), Installations and Logistics (I&L), Plans Policies and Operations (PP&O), the Marine Corps Operating Forces (OPFOR), and Navy Bureau of Medicine (BUMED) as it relates to monitoring Marine Corps Integration efforts and reporting on the results to Secretary of Defense (SECDEF) and the United States Congress. It encompasses manpower planning, recruitment, Military Occupational Specialty (MOS) classification, and Primary Military Occupational Specialty (PMOS) training, concluding with qualified Marines available for assignment to an available billet in a previously restricted billet within a previously restricted unit. As the poolee flows through the various pipelines in becoming a Marine, accession data is required for collected that often requires cooperation between multiple organizations to provide the appropriate level of monitoring and reporting. Since no one organization owns the entire process and each organization is governed by various rules, regulations, orders and directives, a system of data collection methods and reporting has been codified with established lines of communications to ensure the processes are mutually supporting for data collection efforts from accessions to the end of enlistment/contract for each Marine who serve in a previously restricted MOS. Tracking a Marine’s individual progression by monitoring key data elements made available within the Marine Corps Manpower Reporting Systems will assist the Marine Corps in developing a better understanding of career progression by mapping pathways that inform talent managers in making timely and career broadening decisions.

1.2. In order to benchmark the Marine Corps progress with integration of females into previously restricted PMOSs and units, DC M&RA manages personnel production across the Marine Corps Human Resource Supply Chain (HRSC). To accomplish this, the Marine Corps requires functional analytical support to gain a deeper understanding of process and procedures for receiving, in-processing, managing, and tracking Marines from accession through to a re-enlistment {First Term Alignment Plan (FTAP) / Subsequent Term Alignment Plan (STAP)} to help identify and assist with Talent Management issues as it relates to our integration efforts. Each command operates under uniquely defined rules, regulations, policies and directives; site visits may be required to determine areas of deficiencies to suggest corrections which will assist in better tracking and monitoring practices used by Marine Corps Formal Learning Centers (FLCs) and follow-on organizations.

1.3. This Performance Work Statement (PWS) addresses Business Process Improvement (BPI) by specifically identifying continuing requirements for effective management, production processes, Human Development Resource Planning and Implementation methodologies in order to provide support to DC M&RA Personnel Production Management (PPM) requirements in developing a common integrated process for the planning, sourcing, training, and managing Personnel from recruitment to unit assignment to end of Contract/enlistment.

2. Scope of Work. The focus of this requirement is “Street-to-Fleet” tracking consistent with Marine Corps personnel talent management objectives. This encompasses management of the officer and enlisted initial accession training processes from initial accession through indoctrination training/school completion and PMOS awarding, using various tools, concepts, and methodologies. This enterprise focus will require linkages not only within the established training processes but across the myriad processes within the USMC personnel pipelines.

2.1. The Contractor will provide high-level process management support to M&RA Senior Leadership concentrating on throughout with a high level of documented areas of attrition while providing a consistent program oversight and interpretation of established metrics/measurements. The foundation for a lasting integration effort within the Marine Corps is a disciplined approached and systematic management of the process that delivers exceptionally qualified Marines who are able to compete equally with peers by actively monitoring career progression milestones, promotion rates, and re-enlistment opportunities within their PMOS.

2.2. Despite the scale of disassociated functions and tasks required to be monitored and to properly track Marine Corps integration efforts which facilitate reporting requirements to DOD and Congress, the Contractor will reinforce tracking metrics required to be monitored with subordinate and adjacent staffs that include: MCRC, TECOM, CD&I, I&L, PP&O, Programs & Resources (P&R), and Marine Forces (MARFORs).

3. General Requirements

3.1. Work Locations. Services will be performed at Government facilities. Primary location of Government facility will be Manpower & Reserve Affairs, James Wesley Marsh Bldg. 3280 Russell Rd, Quantico, VA. 22134. Co-location in Government spaces is required for daily coordination and interaction with the PM Section Head in the performance of this requirement. Requirements identified in this PWS, require access to recruiting tracking data, student tracking data, medical tracking data, and other personal tracking data available through government network systems (4.3), available only at the Government site. The Contractor will not have direct access to the systems/sources of the tracking data and other information offsite, access to the information must be performed at the government facility/site specified within the contract. Contractor facilities will not be used to access, store, or analyze information obtained under this contract. Local and non-local travel is required in support of this requirement (para 10).

3.2. Security

3.2.1. The Contractor will not require direct access to any secure data systems or materials in support of this requirement. The information provided to the Contractor will be unclassified and/or sensitive unclassified information. The Contractor is not required or expected to have a Facility Clearance and Contractor personnel supporting this effort are not required to possess Personnel Clearance Levels.

3.2.2. Contractor employees performing on this contract will require Common Access Cards (CACs) in order to perform their job function and must be eligible for CAC card issue prior to award. In accordance with Headquarters, United States Marine Corps issued guidance relative to Homeland Security Presidential Directive – 12 (HSPD-12), all personnel must meet eligibility criteria to be issued a CAC. In order to meet the eligibility criteria, all contractor employees must be accurately populated in the Joint Personnel Adjudication System (JPAS) under their respective CAGE Code. Each contractor employee’s JPAS record must also reflect a favorably adjudicated Personnel Security Investigation (PSI) or (at a minimum) that a PSI has been submitted and accepted (opened). If a contractor employee’s open investigation closes and is not favorably adjudicated, the CAC must be immediately surrendered/retrieved and revoked. Facility Security Officers are responsible for notifying the TECOM Security Director if any contractor performing on this contract receives an unfavorable adjudication after being issued a CAC. Contractor CACs are issued with a “ctr.usmc.mil” e-mail account that the individual contractor is responsible to keep active by logging in on a regular basis (at least twice a month), sending an e-mail and clearing any unneeded e-mails. Contractors are prohibited from “auto-forwarding” their .mil e-mail account to their .com or any other e-mail/item account. Common Access Cards (CACs) will only be issued to those contractors supporting this contract that have been authorized by the COR. The COR will only authorize CACs for those contractors that meet current Homeland Security Presidential Directive – 12 (HSPD-12) criteria and have a definitive requirement. CACs are not issued for convenience.

3.2.3. Contractor personnel performing on this contract must meet all Marine Corps Network Operations and System Center’s (MCNOSC) certification requirements to request a contractor e-mail account within 10-days of the contract award.

3.2.4. Contractor personnel must be able to obtain a contractor e-mail with access to the Marine Corps Enterprise Network (MCEN) within 45-days of contract award.

3.2.5. The Contractor must receive authorization from the Marine Corps Enterprise Network (MCEN) to operate required software or hardware needed to accomplish the requirements based on the scope of this contract.

3.3. Performance Standards

3.3.1. The Contractor will provide the necessary resources and infrastructure to manage and administer this contract and to facilitate communications between M&RA leadership and stakeholders involved in this effort. This includes establishing lines of authority, administrative processes, and internal protocols to ensure the efficiency and effectiveness of the program efforts. The Contractor will establish a program support model that enables coordination with Government leadership and ensures the integrity of the support process and promotes consistent quality outputs, as well as ensuring alignment with government objectives/priorities. The Contractor will identify a Program Manager who will coordinate with the Contracting Officer’s Representative (COR) and Government principals. The name of this person must be designated in writing to the COR, within ten (10) business days from date of award. The Program Manager should have full authority to act for the Contractor on all contract matters relating to this requirement. At all times, the Contractor will be responsible for the actions of its teaming partners and subcontractors. The Contractor must notify the COR of the use of any subcontractors. At no time will any information be subcontracted, farmed, reviewed, analyzed, or processed by any company owned or operated by a foreign nation, or by personal that are foreign nationals. All labor is to be performed by U.S. owned and operated contractors and their subcontractors must also be U.S. owned and operated.

3.4. Government Responsibilities and Interface.

3.4.1. The COR will have technical oversight and will execute responsibilities related to performance, deliverables acceptance, invoice certification, and coordination of work effort. The Regional Contracting Office (RCO) PCO will interface with the Contractor’s representative on administration issues.

3.4.2. Only the Contracting Officer has the authority to authorize deviations from the terms and conditions of this contract, including deviations from specifications and requirements. In the event the Contractor does deviate, without written approval of the Contracting Officer, such deviations will be at the risk of, and any cost related thereto will be borne by, the contractor. Any matter concerning a change to the scope, prices, terms, or conditions of this contract must be referred to the Contracting Officer.

3.4.3. The Government will neither supervise contractor employees nor control the overall methodology by which the Contractor performs the required tasks. Under no circumstances will the Government assign tasks to, or prepare work schedules for, individual contractor employees. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it will be the Contractor’s responsibility to immediately notify the Procuring Contracting Officer (PCO).

3.5. Technical Performance Quality. The Contractor will be responsible for establishing a staff complement capable of handling the responsibilities of contract execution and coordination of team resources. The Contractor will be responsible for staffing, competency training, guidance, and supervision of qualified personnel performing on this effort. The Contractor will develop, implement, and maintain a management capability that facilitates effective performance in consonance with the criteria established in the Quality Assurance Surveillance Plan (QASP). Technical cognizance over performance remains with the prime Contractor at all times. The prime Contractor is responsible for all assigned resources, performance quality (e.g., QASP compliance), and deliverables associated with this requirement.

3.6. Applicable References. The Contractor will use the below references as a guide to the extent necessary to accomplish the tasks as stated in this PWS. If during the execution of the contract the government uncovers the need for additional references or changes to cited references, the government will provide them to the contractor:

Marine Corps Orders (MCO)

Identifiable Information Version 2.0, of 30 November 2011

Training and Readiness (T&R) Manual

Higher Headquarters Orders and Directives

• DODI 1215.06 Uniform Reserve, Training and Retirement Categories for the Reserve Component

Armed Forces

Manuals

DoN Instructions and Policy Manuals

Occupational Specialty (PMOS) Reclassification

3.7. Data Protection. The Contractor will be required to comply with applicable Human Research Protection Program policy guidelines and directives in support of this requirement including, but not limited to, Defense Federal Acquisition Regulation Supplement (DFARS) section 252.235-7004.

3.7.1. The Contractor is informed and 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. The Contractor further acknowledges that criminal penalties under the Privacy Act (5 USC 552a(I)(3), as amended) may apply if USMC determines the Contractor, or any individual employed or affiliated therewith, knowingly and willfully obtained the file(s) or distributed information under false pretenses.

3.7.2. The Contractor will generate, collect, distribute and manage records in accordance with the Privacy Act of 1974 (PL93-79), as amended, at all times. The Contractor will ensure compliance with references (a) through (j) as they pertain to non-Governmental holders or users of the data.

3.7.3. The data may be used only for the purposes defined in projects or scientific analyst support approved by the Marine Corps. The data may be used only by personnel authorized to maintain, participate and assist in Contractor efforts that have been approved by the Marine Corps including DOD civilian/military personnel, Contractor employees or Contractors working on Contractor projects under this effort. The Contractor will ensure strict compliance with the DFARS requirements set forth in 252.235-7004 to submit all research protocols and exemption determinations for review and approval by a designated DOD HRPO.

4. Specific Services to be Provided

4.1. Task 1: Analysis and validation of requirements. The Contractor will assist in the gathering, analysis, and validation of requirements by coordinating resources and providing production oversight within the scope of integration efforts. This effort includes, but is not limited to, tracking the flow of Marines through various pipelines to the Operating Forces and then following an individual’s career progression from unit, B-billet, career progression schools, promotion, injury rates, discipline issues, and finally departure from the Marine Corps. The Contractor will provide an assessment report of previously restricted PMOS production; enlisted Marines in a previously restricted MOS; and by unit assigned snapshot that details integration efforts which is to be delivered to the COR and the Section Head on a weekly basis in electronic format. This contract is focused on three primary areas for analysis and therefore requires support from three different contract support personnel able to analyze all aspects of the contract but to also have a unique qualification and an in-depth understanding of their specific field of interest. Distribution of findings or deliverables under this contract are restricted to authorized Government personnel who exercise control of this contract. The contractor has no rights to the information obtained, learned, or discovered within this study and will not distribute, in parts or as a whole, any of the information through any verbal communications or other published forms outside the scope of this contract except to the government office exercising control over this contract. The contractor, having no legal rights to the information obtained, learned, or discovered within this study, will not summarize information in any verbal communications or other published forms except to the government office exercising control of this contract. The Government will maintain exclusive rights, at all times, to the material that was obtained, learned, or discovered by the contractor and may choose to use, publish or distribute the information royalty-free, without restriction, in perpetuity, as a whole or in parts, for any purpose.

Contractor support may include human subject research. The Contractor will take appropriate administrative, training, technical, and physical safeguards to ensure the security of the records and prevent compromise or misuse of Personally Identifiable Information (PII) and Protected Health Information (PHI)/ electronic Protected Health Information (e-PHI). Only such information as is relevant and necessary to accomplish this task order will be collected, used, or maintained. The Contractor will have experience following human subjects’ protection protocols including, but not limited to, obtaining informed consent, following anonymization procedures, and managing data protections as may be required in support of this task. Data Safeguards. Data under review must maintain reasonable and appropriate administrative, technical, and physical safeguards to prevent intentional or unintentional use or disclosure of protected health information in violation of the Privacy Rule and to limit its incidental use and disclosure pursuant to otherwise permitted or required use or disclosure. For example, such safeguards might include shredding documents containing an individual’s personal protected information before discarding data, securing PII/PHI/ePHI records with lock and key or pass code, and limiting access to keys or pass codes.

Unless otherwise directed by the COR, the Contractor will, at a minimum, complete, or maintain currency (every three years), the Collaborative Institutional Training Initiative (CITI) training and certification in support of this requirement. Unless otherwise directed by the COR, at a minimum the Contractor will complete training in the social behavioral research element for “Investigators and Key Research Personnel.” The CITI training can be accessed at www.citiprogram.org. Moreover, the Contractor will, at the direction of the COR, successfully complete other training as needed for this effort including, but not limited to PHI/HIPAA training. All contractor furnished equipment and software must be authorized in writing by the Marine Corps agency responsible for the management of the security protocols of the Marine Corps Enterprise Network (MCEN). If the use of a contractor furnished equipment/software is authorized it will only be authorized for use at a designated Marine Corps facility under Marine Corps security protocols. No data from this system, or any other system, will be authorized for removal from the Government facility where it resides, remote access from outside the building will not be authorized and is forbidden. At the conclusion of the contract, the contractor furnished equipment/software may be removed from the facility but all data stored on any storage device (Hard Drives, Solid State Drives, CD Rom, or any other current or future storage medium) becomes the property of the United States Marine Corps. No data obtained/collected/ discovered/learned during this study may be used, removed, or distributed by the contractor without written consent by the Marine Corps for each event or circumstance; blanket waivers will not be given/allowed and the contractor should not assume permission is authorized. All data being analyzed will be done from daily/weekly/monthly database extracts. The extracts will be database files from the mainframe system of record which are actual copies of the real-time data based on official records. However, to prevent data corruption, inadvertent manipulation, or accidental modification of master files stored, access to real-time data will not be permitted by the contractor. The contractor will only have access to a set of core data that is pulled and copied from the raw dataset on a daily/weekly/monthly basis. The Contractor will sign the Government provided Investigator Affirmation Agreement, and submit to the COR and TECOM Project Lead NLT 7 days after task order award.

4.1.1. Specifically the Contractor with a focus on Talent Management and accessions will be required to:

4.1.2. Specifically the Contractor with a focus on Talent Management, medical, and discipline will be required to:

4.1.3. Specifically the Contractor with a focus on Talent Management and combat effectiveness will be required to:

4.2. Task 2: Sustainment and Refinement of the Production Management Process. The Contractor will assist DC M&RA in the refinement of the talent management process in order to provide efficient loading of all manpower production pipelines, development of analytical tools, database management, metrics reporting, and prioritization of manpower production management requirements. The Contractor will provide updates as requested to ensure Marine Corps integration efforts are properly being managed.

Specifically, the contractor will:

5. Contractor Qualification and Experience. Contractor personnel must:

5.1. Have knowledge of Marine Corps doctrines, values and ethos, leadership traits and principles and the culture of leadership within the Marine Corps is desired.

5.2. Have the ability to derive and present statistical data in logical spreadsheets, with graphs, for briefing or presentation to Senior leaders.

5.3. BPI certification for one or more personnel (Delphi, Lean-Six Sigma, or equivalent) with documented experience using Business Process Improvement (BPI) and Continuous Process Improvement (CPI) principles to identify areas for efficiency improvements is required.

5.4. Documented experience using or understanding at least one of the following; ODSE, TFDW, MCTFS, MCTIMS, MCRISS, or AHLTA database management systems is preferred. Any additional documented experience using MROWS, TFSMS, DASH, JAMRS, SORTS, PBIS, or 3270 database systems is desirable.

5.6. Be able to produce consistently reliable products. Proficiency in Microsoft Office Suite software products for reporting purposes, as required.

5.7. Be familiar with Structured Query Language (SQL) programs for standard database management practices. At least one (1) of contractor’s personnel must have expert competency in Tableau and/or RStudio, DOD preferred system analysis tools.

6. Meetings. Periodic meetings involving the Government and the Contractor may be necessary to facilitate or report progress, documentation, and analytical support efforts. Date, time, and location for these meetings will be determined by mutual agreement between the contractor and COR. Minutes of these meetings will be provided by the Contractor to the COR in the next Monthly Progress Report. A summary of all action items, responsible parties, and estimated dates shall be included with the minutes. The Government reserves the right to cancel any meeting or to require any meeting to be scheduled at critical points during the period or performance.

6.1. Post-award Kick-off Meeting. The Contractor will schedule and conduct a post-award kick-off meeting within seven (7) business days of the task order award. The purpose of this meeting is to ensure the Contractor and the Government understand their roles and responsibilities, to validate understanding of the requirement (including external influences and missions), and to establish a schedule for updates and communications. 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, travel authorization and reporting procedures. At a minimum, the attendees shall include contractor key personnel, designated Government Program Leads, the COR, and the Contracting Officer.

6.2. In-Progress Review (IPR). The Contractor will participate in quarterly IPRs, or as requested, with the M&RA PM to review progress of the requirement.

6.3. The Contractor will participate in other briefings/meetings as identified and approved by the Government in support of the PWS requirements.

7. Deliverables. The Contractor will provide all documents and other deliverables required by this PWS to the Contracting Officer’s Representative (COR) for review using best commercial practices for quality. Unless otherwise agreed to by the parties, the Government will provide written acceptance, comments, and/or change requests, if any, within five business days for weekly reports, ten business days for monthly reports, and thirty business days for all other reports from receipt of any formal deliverable. If written acceptance, comments, and/or change requests are not provided within the time outline above, the deliverable will be deemed acceptable as written by the Contractor. If the Government provides comments and/or change requests, the Contractor will have ten business days from receipt of the government correspondence to incorporate the comments and/or change requests and resubmit the deliverable. Unless otherwise directed by the COR, the Contractor will provide all deliverables in electronic form using MS Office applications with additional hard copies as requested.

7.1. The contractor will submit a weekly report to the COR in accordance with Table 1. The report will be due no later than noon, local time, on the Monday following the week that is the subject of the weekly report, and will cover all of the work accomplished from the preceding week. It will contain the status of all tasks. This report will be provided in both paper (as requested) and electronic form using Microsoft Office Suite software applications. The weekly report will include, at a minimum the following:

7.2. The Contractor will submit a monthly report to the COR in accordance with Table 1. The report will be due no later than the 10th day of the following month for the work accomplished from the first (1st) day through the final work day of the previous month. It will contain a detailed status of all tasks, clearly identifying the relevant PWS task to the work performed or to be performed. This report will be provided in electronic form using MS office applications, with additional paper copies as requested by the COR. The monthly report will include, at a minimum the following:

7.3. The Contractor will submit other reports that are due on a quarterly or annual basis based on Table 1 of this document. The report will be due no later than thirty business days prior to the due date of the report to the next higher authority. It will contain a detailed status of all tasks, clearly identifying the relevant PWS task to the work performed or to be performed. This report will be provided in electronic form using MS office applications, with additional paper copies as requested by the COR. These other reports will include, at a minimum the following:

7.4. The Contractor will provide all documents and other deliverables to the Contracting Officer’s Representative (COR) for review. The COR will have five business days to review weekly reports, ten business days to review monthly reports, and thirty days to review all other types of reports (and, the COR will provide the timeframe for review of other deliverables, as appropriate). The COR will provide comments to the Contractor before the deliverables are finalized within the specified timeline outlined above.

TABLE 1-Deliverables

8. Data, Software and Intellectual Property Rights. In accordance with the DFARS data rights clauses associated with this effort, without limitation, all reports, materials (including, but not limited to: all reports including any associated charts, graphs, and/or other media methods; design, development, implementation, sustainment and change recommendations; lessons learned, analyses/evaluations and analyses/evaluation criteria 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) that are first created, generated, or produced and required to be delivered under, or as a result of, this PWS, will be provided to the U.S. Government / Marine Corps with the level of intellectual property/data rights provided by such DFARS data rights clauses.

Such data rights and related clauses include, but may not be limited to: DFARS Clauses 252.227-7013 Rights in Technical Data--Noncommercial Items; 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation; 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; 252.227-7025 - Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends; 252.227-7027 Deferred Ordering of Technical Data or Computer Software; and 252.227-7028 - Technical Data or Computer Software Previously Delivered to the Government.

The contractor will not use the contractor’s or a third-party’s proprietary data, information, software, items and/or other materials for any purpose without meeting the requirements of DFARS clauses 252.227-7020 and/or 252.227-7025, and without the specific, written approval by the Contracting Officer, prior to start of any work.

Moreover, except as provided in writing by the Contracting Officer, no Work, information, material and/or other item created, generated, produced and required to be delivered under, or as a result of, this PWS/effort will 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. Still further, the Contractor is obligated to protect from unauthorized use or disclosure all Government confidential or classified material and/or Government-owned proprietary, and/or Personally Identifiable Information or Personal Privacy Items obtained in the course of performance under the Government contract, as long as such data remains proprietary, confidential, sensitive, or classified.

8.1. Access to Proprietary Data or Computer Software:

(a) Performance under this contract may require that the Contractor (through the Government or otherwise) to have access to technical data, computer software, or other sensitive data or information of another party (including an affiliated party) who asserts that such data or software is proprietary or its use is otherwise restricted. Therefore, the Contractor must comply with DFARS 252.227-7025 when appropriate. If access to such data or software is required and needs to be provided, the Contractor will enter into a written agreement (NDA) with such party prior to gaining access to such data or software. The agreement will 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 (or restricted). In addition, the agreement will not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement will 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 will include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor will include this requirement in subcontracts of any tier which involve access to information covered by this Section 8, substituting "subcontractor" for "Contractor" where appropriate.

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

8.2. Distribution, Media and Format: The Contractor will ensure that the Marine Corps will have unrestricted access and use of all…