PWS Seepage Barriers.docx

PERFORMANCE WORK STATEMENT (PWS)

Seepage Barrier QA Services

PART 1

GENERAL INFORMATION

1. General: This is a non-personal service to provide Seepage Barrier Expert technical review and consultation services related to seepage barrier/cutoff wall construction. As used under this contract, the terms “seepage barrier” and “cutoff wall” are used interchangeably. Under no circumstances will this Contract be utilized in a manner which would require the Contractor to manage or direct another contractor, nor in manner such as where the Contractor might influence official evaluations of other contractors; neither directly nor indirectly.

Work to be performed does not fall under the Brooks Act. Under this contract, the Contractor is prohibited from performing architect-engineer type services which require professional registration or design related services, which require supervision by a registered professional. The Contractor is prohibited from performing survey or mapping services associated with architect-engineer type planning, development construction, design, or alteration of real property.

Services shall not be provided which are considered closely related to inherently governmental functions. Under no circumstances will this Contract be utilized in a manner which would require the Contractor to manage or direct another contractor, nor in manner such as where the Contractor might influence official evaluations of other contractors; neither directly nor indirectly.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to perform all services as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. This contract outlines the basic services to be performed in a broad nature and each task order issued will expand the services to be accomplished which will be unique to each project or task.

1.2 Background: The effort required under this Performance Work Statement is to provide support to the US Army Corps of Engineers, Jacksonville District (CESAJ). CESAJ has an immediate need to provide quality assurance services to support programs administered by CESAJ, as required and at the discretion of the Contracting Officer. The United States Army Corps of Engineers, Jacksonville District is planning several projects that require design and construction of cutoff walls. The purposes of the cutoff walls are to lengthen the underseepage flow path beneath dams and embankments, reduce through seepage and exit gradients to mitigate internal erosion concerns, and to serve as containment walls for environmental applications. The seepage barriers will be constructed by specialty geotechnical contractors utilizing performance-based specifications, and employing a variety of technologies such as slurry supported open trench, deep soil-mixing, and/or jet grouting technologies. The cutoff wall materials will be comprised of jet grout, soil-bentonite, cement-bentonite, and/or soil-cement-bentonite materials. The construction techniques will consist of cutter soil mixing (CSM), hydromill and clamshell, long-reach hydraulic excavator, and single fluid jet grouting technologies.

1.3 Objectives: To provide quality assurances services for cutoff wall installation projects to monitor the construction contractors’ progress and document compliance with the plans, specifications and ancillary documents. Contractor shall report findings to the COR. These services are to be performed during the construction phase of the projects. The Seepage Barrier Contractor must be knowledgeable about specialty design and construction methods (including, but not limited to the methods discussed above), seepage barrier mix designs (including, but not limited to the materials discussed above), and the effects of specific geologic conditions (such as soil containing cobbles and boulders, in situ rock with varying degrees of weathering, peat, fine sands, silt, and clay) on seepage barrier construction and performance.

1.4 Scope: The goal of all work performed by the Seepage Barrier Contractor will be to provide technical findings to the Government, for the Government’s use in rendering a final technical assessment and decision. Provide technical support to the Government, corresponding to all aspects of seepage barrier design, construction, and performance evaluation. The work will include, as a minimum: evaluating seepage barrier design requirements; performance requirements and performance test results; technical review of quality control data and technical reports/documents; and providing engineering during construction support, including conducting site visits and participating in meetings, with the goal of providing technical reports of findings to the Government. Perform reviews of installation parameters monitored and recorded in real-time by data management systems B-Tronic, Drilling Mate System (DMS), and Jean Lutz LT3. Participate in meetings, teleconferences, and site visits; evaluate and analyze construction generated quality control data and provide reports of findings; evaluate and analyze cutoff wall demonstration sections (aka, trial sections, test sections or similar nomenclature), and monitor ongoing production work; perform data collection; and prepare and/or vet post-construction completion reports.

Each task order will incorporate the expanded scope of work that is specific to the services for that task order in accordance with the services categories in the basic contract.

1.5 Period of Performance: This BPA will be for a period of five years.

1.6 Quality:

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The contractor shall submit a QC Plan to the COR within 14 days after contract award. After acceptance of the quality control plan the contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to his QC system.

1.6.2 Quality Assurance: The Government shall evaluate the contractor’s performance under this contract in accordance with the Performance Requirement Summary (PRS). Additionally, the Government will use a Quality Assurance Surveillance Plan (QASP), in the inspection of the services. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.7 Recognized Holidays: The contractor may be required to work holidays depending on the nature of the work. Federal holidays are:

1.8 Hours of Operation: The Contractor is responsible for conducting business, 8 hours a day or more depending on the nature of the work. The Contractor is to conduct business up to seven days a week depending on the nature of the work. The Hours of Operation may be adjusted at the task order level. Exceptions may be federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

1.9 Project Locations: The projects will be located within the continental United States and/or Puerto Rico, with a majority of work located at the Herbert Hoover Dike and within the Florida boundaries of the Jacksonville District. Each task order will incorporate the project location.

1.10 Security:

1.10.1 AT Level I Training - All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the Contracting Officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html

1.10.2 Access and General Protection/Security Policy and Procedures - All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.10.3 For contractors requiring Common Access Card (CAC) - Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

1.10.4 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something) - The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

1.10.5 Contractor Employees Who Require Access to Government Information Systems - All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter IAW AR 380‐67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors).

1.10.6 OPSEC Standing Operating Procedure/Plan - The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

1.10.7 OPSEC Training - All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html

1.10.8 For Information Assurance (IA)/Information Technology (IT) Training - All contractor employees and associated sub‐contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoD 8570 01-M and AR 25‐2 within six months of employment.

1.10.9 Escort Requirements - All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.10.10 Pre‐screen candidates using E‐Verify Program - The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I‐9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

1.10.11 Threat Awareness Reporting Program - All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized web based TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474

1.10.12 Physical Security -The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.11 Post Award Conference/Periodic Progress Meetings: Each task order will incorporate required meetings.

1.12 Contracting Officer’s Representative: The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.13 Personnel Information:

1.13.1 Key Personnel: Contract manager, Alternate contract manager - The contractor shall provide a contract manager who shall be responsible for the performance of the work. The contract manager shall be responsible for coordinating continual coverage of every project site. This includes providing site coverage in the event that an employee is sick or is in a leave status. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract managers or alternates shall be available for contact by the Government whenever the construction work is being performed. Managers will be responsible for tracking and recording the number of hours each employee worked on each individual project. This breakdown shall be included in the invoice submitted to the Government for payment purposes.

1.13.2 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.14 Contractor Travel: Contractor will be required to travel during the performance of this contract to attend meetings, conferences, and site visits. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR.

1.14.1 Travel Reimbursement: The Contractor shall be reimbursed for the reasonable actual cost of transportation, lodging, meals and incidental expenses. However, actual costs shall be considered reasonable, allowable, and reimbursable only to the extent that they do not exceed on a daily basis the maximum per diem rate in effect at the time of travel as set forth in the DOD Joint Travel Regulations located at http://www.defensetravel.dod.mil/. Actual cost does not include handling charges, general and administrative cost, overhead, profit or any other indirect cost.

1.14.2 The Contractor shall use the allowable Government personnel rate for transportation and lodging. Reimbursement for airfare shall not exceed the lowest customary standard, coach, or equivalent airfare offered during normal business hours. The Contractor will not be reimbursed for travel expenses unless audited records for transportation contain evidence, such as original receipts, substantiating actual expenses incurred for travel. In no event will reimbursement exceed the published rates of common carriers. Expenses for lodging, meals and incidental expenses shall be reimbursed to the Contractor, provided that the overnight stay was documented as necessary.

1.14.3 Each Contract CLIN for travel will include a not-to-exceed funding limitation for travel costs. When the Contractor expects total funding expended for reimbursable travel to reach 85 percent of the total funds available on each travel CLIN, the Contractor shall notify the Contracting Officer and the COR. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Contract. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the Contract.

1.14.4 No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

1.15 Other Direct Costs: All Other Direct Costs not associated with contract line items must be pre-approved by the Contracting Officer.

1.16 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.17 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.18 Phase In /Phase Out Period: Reserved.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1 CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 TECHNICAL MANAGER. This individual is the day-to-day technical point of contact, has no authority to provide technical direction to the Contractor, and does NOT have authority to change the terms and conditions of the contract.

2.1.13 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.14 WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: The Government will provide access to QC and QA data.

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Security Requirements: The Contractor shall meet the requirements of Section 1.10.

4.3 Materials: The Contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4 Equipment: N/A

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

Each task order will incorporate a broadened scope of work based on the service categories in the basic contract.

5.1 Teleconference Meetings: Teleconference meetings will be required to provide a forum for updates and discussion of project design and construction related issues. The Contractor will be required to produce a report of meeting minutes, summarizing and memorializing their understanding of the discussions, and providing any technical recommendations, action items, conclusions, etc. related to the discussion.

5.2 Site Visits: Site visits will be required during cutoff wall design and/or construction phases. Site visits will typically include but, are not limited to, observing site conditions, collecting data, and conducting interviews in order to understand technical issues that arise during construction. The contractor will be required to produce detailed trip reports, summarizing their observations and findings, as well as any technical recommendations, action items, conclusions, etc. related to their observations and discussions.

5.3 Transmittal Reviews: Technical review of transmittals submitted to the Government by construction contractors will be required. Transmittals may include, but not be limited to: construction generated quality control data; reports; requests for information, or value engineering change proposals. The contractor will be required to produce detailed reports, summarizing their comments, as well as any technical recommendations, action items, conclusions, etc. related to their review.

5.4 Evaluation Reports: Upon completion of a segment (segment to be determined by the Government) of cutoff wall, the Contractor shall prepare a report to be submitted to the Government. This report will provide the contractor’s independent technical evaluation of the cutoff wall segment regarding its compliance to performance criteria, contract requirements (plans and specifications), and applicable construction submittals (e.g., work plan, mix designs, etc.). The report will discuss the adequacy of the contractor’s means and methods for production work and provide recommendations including, but not limited to additional testing, investigations, and/or recommended procedures to ensure the Government receives an acceptable cutoff wall that is in conformance with the project specifications and full contract documents. Include in the report, discussion of issues (if any) noted during site visits and during construction and the recommendations/measures made to resolve these issues.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

Technical Publications: All work performed under this contract shall be in accordance with the following publications, and contractor's personnel shall be familiar with and comply with same. Publications may found at http://140.194.76.129/publications/.

· Corps of Engineers Manual EM 385-1-1 - Safety and Health Requirements Manual.

PART 7

EXHIBITS AND ATTACHMENTS

7. EXHIBITS AND ATTACHMENTS LIST:

8.1 Exhibit A – Task Orders

8.2 Exhibit B – Performance Requirements Summary

8.3 Exhibit C – Deliverables Schedule

8.4 Exhibit D – Wage Determinations

8.5 Attachment 1 - Employees in the Government workplace

EXHIBIT A

Task Orders

Task orders will be issued to meet the Government’s requirements. For each task order issued, the contractor will be given the opportunity to propose the level of effort in meeting the task order requirements. The level of effort could be increased or decreased depending on the government’s needs. Each task order will provide the following:

1. Scope of Work

2. Period of Performance

3. Location of Work

4. Government provided property, equipment and services

5. Contractor furnished items and responsibilities

6. Special Equipment Requirements

7. Reports to be submitted

8. Performance Requirements Summary (PRS)

9. Deliverable Schedule

10. Technical Exhibits

EXHIBIT B

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

A Performance Requirement Summary like the one listed below, shall be included in each task order.

Performance Objective

Method of Surveillance

PRS # 1

Quality of Service: The contractor shall attend all scheduled meetings and provide accurate and complete meeting minutes.

PRS # 2

Quality of Service: The contractor shall provide accurate and complete reports

PRS # 3

Quality of Service: The contractor shall provide accurate and complete Payment Estimates.

PRS # 4

Adherence to schedule

EXHIBIT C

Deliverable Schedule

A deliverable schedule like the one listed below, shall be included in each task order. The deliverable schedule could be expanded to meet the task order requirement.

COR: Sherelle Barber, sherelle.n.barber.civ@mail.mil

EXHIBIT D

Wage Determination

In the performance of this contract, the Contractor shall comply with the requirements of the U.S. Department of Labor Wage Determination. Wage Determinations are available on line at www.beta.sam.gov. Standard Services WDs are required for all applicable counties in the State of Florida, as follows: www.beta.sam.org. Current wage determinations for areas that are applicable will be issued at the task order level.

ATTACHMENT 1

Non-Disclosure Statement

CONTRACTOR EMPLOYEES IN THE GOVERNMENT WORKPLACE

a. The Contractor shall ensure that any employee (including employees of subcontractors) who attends meetings, answers Government telephones, or otherwise works in a situation where the employee’s actions could be construed as official Government acts, identifies himself or herself as a Contractor employee at the earliest opportunity.

b. If performance of this contract requires that Contractor employees have access to sensitive information, the Contractor may be required to sign a non-disclosure agreement similar to the following:

SAMPLE NON-DISCLOSURE AGREEMENT

For the United States Army Corps of Engineers (USACE)

USACE Office: Jacksonville District

Contract Number:

Contractor:

Contracting Officer:

Whereas Contractor is performing work for the USACE under the above contract, and, in connection with this contract, is being given access to information that is sensitive or related to critical financial matters as defined by the terms of the contract, Contractor agrees:

1. That when provided information that is sensitive or related to critical financial matters, the Contractor will use reasonable care (the same being not less than that used by the Contractor to protect the Contractor’s own information that is sensitive or related to critical financial matters) to protect the information against unauthorized use or disclosure.

2. Contractor will share information that is sensitive or related to critical financial matters only with those employees, subcontractors or agents who need to know the information in order to perform the contract.

3. Contractor will inform employees, subcontractors or agents having access to information that is sensitive or related to critical financial matters of the sensitive nature of the information.

4. Any copies or reproductions of information that is sensitive or related to critical financial matters must include the notices of its sensitive nature that are contained in the original.

5. Contractor, upon completion of the contract, or upon demand of the Contracting Officer, whichever is earliest, must return to the Contracting Officer any and all copies of information that is sensitive or related to critical financial matters.

6. Contractor immediately will notify the Contracting Officer in writing if Contractor learns that one of Contractor’s current or former employees, subcontractors or agents has made unauthorized use or disclosure of information that is sensitive or related to critical financial matters.

7. Contractor agrees that the use or disclosure of information that is sensitive or related to critical financial matters in a manner inconsistent with this contract will cause irreparable harm to USACE and the Government of the United States, and that USACE has the right to take any action deemed appropriate to prevent unauthorized disclosure.

Signatures: