PWS 7.28.2020.pdf

PERFORMANCE OF WORK STATEMENT (PWS)

United States Transportation Command (USTRANSCOM)

Defense Personal Property Program (DP3) Data Scanning Conversion as of 28 July 2020

1. Description of Services.

1.1 Background. The mission of USTRANSCOM is to conduct globally integrated mobility operations, lead the broader Joint Deployment and Distribution Enterprise, and provide enabling capabilities in order to project and sustain the Joint Force in support of national objectives.

Within USTRANSCOM, TCJ9 is the Directorate responsible for overseeing the DP3. DP3 is a department-wide program operating in an integrated program to generate year-round quality, capacity and accountability required to meet the Department of Defense’s (DoD) relocation needs. DP3 performs complete household goods relocation services relocating more families than any other organization in the United States.

1.2 Scope. USTRANSCOM’s J9 Directorate requires scanning services to include: Obtain documents, preparing documents for scanning, digitally scanning and archiving, document counting, indexing, file naming and shredding. The contractor shall provide a digital electronic storage (with retrieval option) for approximately 500,000 double sided images of color and black & white records, memos, photos, and maps. This shall require the contractor to transport approximately 16 boxes of files per trip, resulting in an estimation of 20 trips from the Government/customer’s facility to the contractor facility. Occasionally, files may contain large oversized documents to be scanned. Documents shall be accessible by common viewer Portable Document Format (PDF). Scanned images shall be clear, legible and reproducible. Retrieval shall allow search (documents to be optical character recognition (OCR), view, print, and e-mail.

Documents shall be able to be added, updated, searched, and deleted from desktop computers/scanners. The Government will provide order for files to be scanned currently filed in the Tender of Service/Storage-In-Transit (TOS/SIT) folders in parts one through seven (1-7) and one through four (1-4), respectively. Once files are scanned electronically and verified by the Government, the documents shall be destroyed/shredded by the contractor. The distance (in miles) between Scott Air Force Base (SAFB) and the contractor’s facility/office shall not exceed (shall be no further than) 50 miles.

1.3 Specific Tasks. The contractor shall establish processes and assign appropriate resources to effectively perform the requirement. The contractor shall have a single point of contact between the Government and contractor personnel assigned to support the requirement.

1.3.1 Task Area 1: Obtain and track documents for scanning:

a) The contractor shall obtain documents from Government file cabinets, place into contractor provided boxes, and transport for scanning at their facility. The retired/terminated files shall be retrieved and scanned first (as identified by the Government); active files thereafter. The contractor shall provide an inventory spreadsheet indicating which files have been picked up to be scanned (including the number of boxes), the date picked up, the individual who picked up the files, the date the digital versatile discs (DVDs) were returned, and document destroy date. The contractor shall store obtained files in a locked container, or in a locked and alarmed office, accessible only by employees of the contract while at the contractor’s facility.

1.3.2 Task Area 2: Prepare documents for scanning: Document preparation for scanning shall be performed by the contractor. The contractor shall:

a) Check all original documents for defects (tears, folds, and cleanliness). Defects and bad originals shall be repaired, as needed, to be "made ready" for scanning.

b) Remove all bindings (staples, clips, coil bindings, metal bindings, etc.).

c) Remove all post-it notes and scan separately. The post-it note shall be kept with the original document.

d) Maintain document positional order in files, as received from the Government.

Note: Document order is usually reverse date order, i.e., most recent date on top.

1.3.3 Task Area 3: Digitally scan and archive all documents using PDF file format and burn to contractor furnished DVDs (Read Only, archive quality). The contractor shall store DVDs in a locked container and/or in a secured and alarmed office. The contractor shall:

a) Digitally scan and archive documents using the PDF file format in accordance with (IAW) International Organization for Standardization (ISO) 19005-1, “. . . which provides a mechanism for representing electronic documents in a manner that preserves their visual appearance over time, independent of the tools and systems used for creating, storing or rending the files” (from ISO 19005-1).

b) Scan documents as black & white or color images as described in this scope and as directed by the Government. Archiving shall include scanning, OCR conversion, indexing, and burning of PDF files to Read-Only, archive-quality DVD, duplicate DVDs (one (1) original and one (1) copy).

c) Ensure double-sided document images are captured. Documents may be single-or double-sided. Documents shall be scanned in file order. A small percentage of the documents may require scanning in color to retain information that would be lost by conversion to black & white. An example would be map data using color to identify separate locations or types of vegetation. Color letterhead on letters or colored paper that does not provide useful information shall be scanned in color if there is no additional charge above the black & white rate.

d) Scan and archive all documents using non-proprietary software (i.e. Adobe Acrobat).

e) Archive the DVD product as Read-Only. The DVD shall be labeled with file numbering, and software & version used to generate the images. At time of award the contractor shall be given labeling details. Contractor shall deliver DVDs of scanned data plus one copy in standard jewel cases to the Government/ customer within fifteen (15) business days of completion. The contractor shall comply with Section 508 of the Rehabilitation Act. If exceptions apply, these shall be immediately identified to the Contracting Officer Representative (COR) in writing.

1.3.4 Task Area 4: Document Count, Indexing, and File Naming: The documents to be scanned are currently filed in separate folders parts one through seven (1-7). A folder may contain up to 200 or more documents and have one (1) or more file folders. Each folder shall be indexed separately by its TOS number, SIT Number, Standard Carrier Alpha Code (SCAC), and location (City, State). The PDF file name shall be the TOS Number (ex. TOS Number.pdf). The contractor shall convert the data into searchable fields indicated in Appendix A.

a) Indexing Non-Temp Storage Requirements for PDF include the following:

(1) Documents shall be scanned in seven (7) parts (Same as the current files are set up).

(2) Part I: TOS/Mods

• Activity Distribution Record

• Modifications in Numerical Order

• TOS

(3) Part II: Correspondence with Transportation Service Provider

• Spreadsheets/Screenshots/Correspondence

• Annual Review Documentation

• Floodplain/ISO

(4) Part III: Certificate of Insurance

(5) Part IV: Financial Statements/Bank Reference Letter

(6) Part V: Corporate/Warehouse Documentations

• Articles of Incorporation/Fictitious Name/Minutes

• Lease/Tax Document

• Hauling Authority

• SCAC

• System for Award Management Registration

• Additional Fire Data

• Warehouse Layout

• DD1811/Pre-Award Survey Of Contractor’s/Carrier’s Facilities And

Equipment

• Pre-Award Survey- Warehouse Requirement Checklist

(7) Part VI: Inspection Forms

• DD Form 1812/Corrective Action

(8) Part VII: Special Actions

• Unusual Occurrence (natural disaster, theft, firearms)

• Transfer Agreement

• Sales (Asset, Stock)

• Novation

• Re-Procurement

b) Indexing SIT Requirements for PDF include the following:

(1) Documents shall be scanned in three parts

(2) Part I: Warehouse Requirements Documentation

(3) Part II: DD Form 1812/Corrective Action

(4) Part III: Special Actions

• Unusual Occurrence (natural disaster, theft, firearms)

• Sales (Asset, Stock)

• Novation

c) All files shall be organized sequentially on DVDs. The contractor shall maximize image storage per DVD.

d) Files shall be scanned by state onto separate DVDs so that the DVDs can be grouped by state.

e) Contractor shall prepare an Excel spreadsheet of document types and image counts included on each DVD as a tracking instrument. The files shall be listed on the spreadsheet by TOS number. Provide spreadsheet monthly to the COR electronically via email.

1.3.5 Task Area 5 Destroying or Shredding Hard Copy Files: The contractor shall destroy or shred all hard copy files after electronic copies of DVDs have been validated by Government COR. The COR will select a random sample of ten (10) files for every 100,000 files scanned to validate electronic DVDs. The COR will notify the contractor when it is ok to destroy the files. Crosscut shred size shall not exceed ½ inch by 1/32 inch.

1.4 Deliverables Schedule. All deliverables shall be submitted directly to the COR electronically in Microsoft Office (Word, Excel, Power Point, Project, etc.) Deliverables shall be identified by Contract Number/Task Order Number, PWS subtask number, and deliverable title.

All deliverables must meet professional standards and comply with the requirements set forth in this PWS.

PWS

PARA

DELIVERABLE FREQUENCY

MEDIUM/

FORMAT

SUBMIT TO

1.3.3 DVD’s of scanned data plus one (1) copy

Within fifteen

(15) business days of completion.

Read-only DVD’s.

COR

1.3.4

Tracking Instrument

As documents are picked up or at least Monthly

Electronic copy via email

COR

2. Service Delivery Summary (SDS). The SDS represents important contract objectives that, when met, shall ensure contract performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is fully expected to comply with all requirements in the PWS. The SDS serves as a point of reference for the contractor and Government to measure the services provided. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum satisfactory levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

PWS Para Performance Threshold Method of Surveillance

Digitize into PDF format.

1.3.3 Scanned data should be clear, legible, and accurate and verified

Random sampling.

that text has been properly recognized 97% of the time.

Tracking Instrument 1.3.4 The contractor submits document count in excel format with correct information on time 99% of the time.

100% Inspection

3. Government-Furnished Property and Services. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform scanning 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.

Both the Government and the contractor shall retain copies of any Government Furnished Equipment (GFE)/Government Furnished Information (GFI) listings for traceability and accountability. GFE/GFI provided to the contractor team and used at the contractor facility shall be managed and controlled by the contractor. Software provided by the Government and used at contractor facilities shall be treated as GFE.

4. General Information. This is a non-personal service contract to provide scanning services.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the Government.

4.1 Quality Control/Assurance: The contractor shall check all original documents for defects (tears, folds, and cleanliness). Defects and bad originals shall be repaired, as needed, to be “made ready” for scanning. The contractor shall check all scanning (100% of documents) for clarity, readability, search ability, and reproducibility to original dimensions. Unclear images or skipped documents shall be rescanned or re-filmed at no cost to the Government. Products shall be spot-checked by the Government for clarity, readability, search ability, reproducibility, and printability. Product shall be compatible with Adobe software. The contractor shall provide a certification of completeness verifying that all documents have been scanned. The certification shall include a spreadsheet of paper document and image counts for each file, with a separate column showing scanned document and image counts for each file.

4.2 Period of Performance (PoP): The PoP shall be six (6) months from 1 October 2020 through 31 March 2021.

4.3 Recognized Holidays: The contractor is not expected to perform work on Holiday’s listed below:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

4.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 0800-1600 Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

4.5 Place of Performance: The work shall be performed at the contractor’s facility. Documents to be scanned shall be picked up from USTRANSCOM, Bldg. 1900, third floor, 508 Scott Drive, SAFB, IL 62225. The contractor shall coordinate pick-up and delivery of hard copy files with the

COR.

4.6 Type of Contract: The Government shall award a firm fixed price service contract.

4.7 Training: The contractor shall ensure that all personnel employed to perform services under this contract are qualified, trained, certified, and licensed, in accordance with applicable laws and regulations. A file containing the qualifications and certifications of each employee shall be maintained by the contractor and made available to the Government for review, upon request.

4.7.1 Awareness Training (AT) Level I Training: All contractor employees, to include subcontractor employees, requiring access to the installation, facilities, controlled access areas, or require network access, 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. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or Contracting Officer (CO) within five (5) calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at/

4.7.2 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): The contractor and all associated sub-contractors shall receive a briefing/training on the local suspicious activity reporting program. This locally developed training shall 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 or CO no later than five

(5) calendar days after the completion of the training.

4.7.3 Operational Security (OPSEC) Training: All new contractor employees shall 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 CO within five (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; or it can be provided by the OPSEC Officer in presentation form which shall be documented via memorandum.

https://atlevel1.dtic.mil/at/ https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html

4.7.4 Identifying and Safeguarding Personally Identifiable Information (PII). All new contractor employees shall complete identifying and safeguarding PII Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual safeguarding PII training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or CO within five (5) calendar days after completion of training.

4.8 Cyber Security Safeguarding Covered Defense Information and Cyber Incident Reporting:

4.8.1 Handling and Protection of Non-Public Information: In performance of this contract, the contractor may have access to sensitive, non-public information. The contractor agrees (a) to use and protect such information from unauthorized disclosure IAW DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting; (b) to use and disclose such information only for the purpose of performing this contract and to not use or disclose such information for any personal or commercial purpose; (c) to obtain permission of the Government Program Manager before disclosing/discussing such information with a third party; (d) to return and/or electronically purge, upon Government request, any non-public, sensitive information no longer required for contractor performance; and (e) to advise the Government Program Manager of any unauthorized release of such information.

4.8.2 Handling and Protection of Controlled Unclassified Information: In performance of this contract, the contractor may have access to Controlled Unclassified Information (CUI), which for the purposes of this section shall mean any information developed or received in the course of planning, ordering, shipping, tracking, and invoicing in support of the requirements of this contract. To adequately protect this CUI, contractor information systems (IS) involved in the performance of this contract shall comply with the security requirements in the current version of the National Institute of Standards and Technology Special Publication (SP) 800-171, "Protecting CUI in Nonfederal Information Systems and Organizations."

4.8.3 Cyber Incident Reporting: When the contractor discovers a cyber-incident, as defined in DFARS Clause 252.204-7012, that affects the contractor's ability to perform the operationally critical support as identified in the contract, the contractor shall, as soon as practicable, but no later than 72 hours after discovering the incident, notify the USTRANSCOM Deployment and Distribution Operations Center (DDOC) Chief at 618- 220-7700. If the contractor does not immediately reach the DDOC Chief via phone, the contractor shall send a notification email to transcom.scott.tcj3.mbx.ddoc-chief@mail.mil. The contractor shall provide an initial description of the incident that will include the information known at the time of the notification and shall provide a company POC who shall work with USTRANSCOM DDOC through the resolution of the incident.

4.8.4 Handing of Non-Public Information: In performance of this contract, the contractor may have access to Covered Defense Information. The contractor agrees (a) to use and protect such information from unauthorized disclosure IAW DoD Instruction 8582.01: Security of Unclassified DoD Information on Non-DoD Information Systems;

(b) to use and disclose such information only for the purpose of performing this contract and to not use or disclose such information for any personal or commercial purpose; (c) to comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, critical program information (CPI), personally identifiable information, export controlled); (d) to obtain permission of the Government Requiring Activity before disclosing/discussing such information with a third party; (e) to return and/or electronically purge, upon Government request, any DoD information no longer required for contractor performance; and (f) to advise the Contracting Officer (CO) and/or Contracting Officer's Representative (COR) of any unauthorized release of such information.

4.9 Operations Security: All information furnished to the Contractor is FOR OFFICIAL USE ONLY (FOUO) and not releasable to the public or anyone who does not have a need to know.

The Government shall furnish OPSEC awareness briefings to the Contractor, ensuring OPSEC is maintained. The Contractor and any of his employees or subcontractors will not to release to the general public information determined as FOUO, or included as part of the OPSEC Essential Elements of Friendly Information.

4.10 Non-Disclosure Agreements (NDA): During performance of this contract, the contractor shall have access to sensitive, non-public information. The contractor agrees (a) to use and protect such information from unauthorized disclosure IAW DoDI 8582.01 Series, Security of Unclassified DOD Information on Non-DOD Information Systems; (b) to use and disclose such information only for the purpose of performing this contract and to not use or disclose such information for any personal or commercial purpose; (c) to obtain permission of the Government before disclosing/discussing such information with a third party; (d) to return and/or electronically purge, upon Government request, any non-public, sensitive information no longer require for contractor performance; and (e) to advise the Government of any unauthorized release of such information. Upon request, the contractor shall have its employees assigned to this contract execute a NDA (Appendix C) for delivery to the Government. The Government will require contractor personnel to sign a NDA to protect non-public information of other contractors and/or the Government. The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of1974, Public Law 93-579, December 31,1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

4.11 ENTERPRISE-WIDE CONTRACT MANPOWER REPORTING APPLICATION

(eCMRA): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for USTRANSCOM via a secure data collection site. The contractor is required to completely fill-in all required data fields at http://www.ecmra.mil. Reporting inputs shall be for the labor executed during the PoP for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no http://www.ecmra.mil/ later than 31 October of each calendar year. Contractors shall direct questions to the Contract Manpower Reporting Application help desk.

The eCMRA site associated with this contract is: UNITED STATES TRANSCOM Command of the Requiring Activity is: UNITED STATES TRANSCOM The Unit Identification Code for this requirement is: F3ST94 The Federal Service Code for this contract is: R799

4.12 COR: 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 the CO of any deficiencies; coordinate availability of Government furnished property, and provide site entry of contractor personnel. A letter of designation will be issued to the COR, a copy of which will be 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 contract.

4.13 Key Personnel: The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person, and an alternate who shall act for the contractor when the Contract Manager is absent, shall be designated in writing and shall be provided to the CO. 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 Manager, or alternate, shall be available between 0800-1600, Monday thru Friday, except Federal holidays or when the Government facility is closed for administrative reasons.

4.14 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 CO. 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.

4.15 Access to SAFB or USTRANSCOM Facilities. The contract personnel assigned to this contract will require access to the base and USTRANSCOM Facilities. Visits to SAFB by contractor personnel will be facilitated by the Contract Manager and COR sponsoring the employee through the online base access system. The Contractor employee will coordinate with COR to obtain a visitor’s badge to be escorted to TCJ9 spaces to pick-up/delivery of documents/DVDs, respectively. Contractor personnel assigned to this contract who are on-site at USTRANSCOM, will wear and display the Escort Area badge at all times while in Government facilities.

4.16 Visits by Non-Assigned Contractors to USTRANSCOM/SDDC Buildings. Any visit(s) by contractor personnel not permanently assigned to this task order (i.e., company presidents, company security managers, contractor personnel not permanently assigned to this task order, etc.) will require at least five (5) business days advance notice to the COR, to facilitate access to SAFB and USTRANSCOM facilities. All visit requests shall annotate the task order number and the name/title/phone number of person or persons requesting a visit. Visit requests shall be sent to email address: transcom.scott.tcj9.mbx.pp-smo@mail.mil. All visitors will be required to execute a NDA (Appendix C) for access to base and USTRANSCOM/SDDC Buildings. The Government will require visitors to sign a NDA to protect non-public information of other contractors and/or the Government.

APPENDICES.

A. Searchable Words B. Acronyms and Definitions C. Non-Disclosure Agreement

APPENDIX A

SEARCHABLE WORDS

STATE and City Corp Name

SCAC

TOS #

Facility ID

MOD#

CAGE CODE

ASSETS

LIABILITIES RATIO

INTRA STATE

INTER STATE

DUNS DIAGRAM

1811 and 1812

PRE AWARD

UNUAL OCCURANCE

mailto:transcom.scott.tcj9.mbx.pp-smo@mail.mil

APPENDIX B

ACRONYMS

ADP Automated Data Processing AT Awareness Training CAC Common Access Card CO Contracting Officer COR Contracting Officer Representative CUI Controlled Unclassified Information DDOC Deployment and Distribution Operations Center DP3 Defense Personal Property Program DoD Department of Defense DoDI Department of Defense Instruction DoDM Department of Defense Manual DVD Digital Versatile Disc FAR Federal Acquisition Regulation FBI Federal Bureau of Investigation FOUO For Official Use Only FSO Facility Security Officer GFE Government Furnished Equipment GFI Government Furnished Information eCMRA Enterprise-Wide Contract Manpower Reporting Application IAW In Accordance With ID Identification IS Information System ISO International Organization for Standardization IT Information Technology JPAS Joint Personnel Adjudication System NACI National Agency Check with Inquiries NBIB National Background Investigations Bureau NISPOM National Industrial Security Program Operating Manual OCR Optical Character Recognition OPSEC Operational Security PII Personally Identifiable Information PoT Position of Trust PWS Performance Work Statement PDF Portable Document Format SAFB Scott Air Force Base SCAC Standard Carrier Alpha Code SDS Service Delivery Summary SIT Storage-In-Transit SP Special Publication TOS Tender of Service USTRANSCOM United States Transportation Command

DEFINITIONS

Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

Contracting Officer (CO): 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.

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 the 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.

Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

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 officer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

Physical Security: Actions that prevent the loss or damage of Government Property.

Quality Assurance (QA): The Government procedures to verify that services being performed by the contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control (QC): All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with subcontractor.

Work Day: The number of hours per day the contractor provides services IAW the contract.

Work Week: Monday through Friday, unless specified otherwise.

APPENDIX C

NONDISCLOSURE AGREEMENT AND AGREEMENT TO DISCLOSE POTENTIAL

CONFLICTS OF INTERESTFOR CONTRACTOR EMPLOYEES ON USTRANSCOM

CONTRACTS

NOTE: This Agreement is a standard agreement designed for use by contractor (including sub-contractor) employees assigned to work on USTRANSCOM contracts. Its use is designed to protect non-public Government information from disclosure, identify potential conflicts of interest, and prevent violations of federal statutes/regulations. The restrictions contained in this agreement also serve contractors by promoting compliant behavior that keeps contractors eligible to compete for Government contracts. In addition to the potential impact on future business opportunities, failure to abide by this agreement could result in administrative, civil, or criminal penalties specified by statute or regulation.

1. I, _________________, currently an employee of _________________________, hereby agree to the terms and conditions set forth below.

2. I understand that I may have access to confidential business information, contractor bid or proposal information (as defined by Federal Acquisition Regulation (FAR) 3.104-1), and/or source selection information (as defined by FAR 2.101) either for contract performance, as a result of working in a USTRANSCOM facility, or of working near USTRANSCOM personnel, contractors, visitors, etc. I fully understand that such information is sensitive and must be protected in accordance with 41 US Code Section 423 and FAR SubPart 3.1.

3. In the course of performing under contract/order # or some other contract or sub-contract for USTRANSCOM, I agree to:

a) Use only for Government purpose any and all confidential business information, contractor bid or proposal information, and/or source selection sensitive information to which I am given access.

I agree not to disclose “non-public information” by any means (in whole or in part, alone or in combination with other information, directly, indirectly, or derivatively) to any person except to a US Government official with a need to know or to a non-Government person (including, but not limited to, a person in my company, affiliated companies, sub-contractors, etc.) who has a need to know related to the immediate contract/order, has executed a valid form of this non-disclosure agreement, and receives prior clearance by the Contracting Officer. All distribution of the documents will be controlled with the concurrence of the Contracting Officer.

b) “Non-public information,” as used herein includes trade secrets; confidential or proprietary business information (as defined for Government employees in 18 USC 1905); advance procurement information (future requirements, acquisition strategies, statements of work, budget/program/planning data, etc.); source selection information (proposal rankings, source selection plans, contractor bid or proposal information); information protected by the Privacy Act (social security numbers, home addresses, etc.); sensitive information protected from release under the Freedom of Information Act (pre-decisional deliberations, litigation materials, privileged material, etc.); and information that has not been released to the general public and has not been authorized for such release (as defined for Government employees in 5 CFR 2635.703).

c) Not use such information for any non-Governmental purposes, including, but not limited to, the preparation of bids or proposals, or the development or execution of other business or commercial ventures.

d) Store the information in such a manner as to prevent inadvertent disclosure or releases to individuals who have not been authorized access to it.

4. I understand that I must never make an unauthorized disclosure or use of confidential business information, contractor bid or proposal information, and/or source selection sensitive information unless:

a) The information has otherwise been made available without restriction to the Government, to a competing contractor or to the public.

b) The Contracting Officer determines that such information is not subject to protection from release.

5. I agree that I shall not seek access to “non-public information” beyond what is required for the performance of the services I am contracted to perform. I agree that when I seek access to such information, attend meetings, or communicate with other parties about such information, I will identify myself as a contractor. Should I become aware of any improper or unintentional release or disclosure of “non-public information,” I will immediately report it to the Contracting Officer in writing. I agree that I will return all forms (including copies or reproduction of original documents) of any “non-public information” provided to me by the Government for use in performing my duties to the control of the Government when my duties no longer require this information.

6. Because the Government expects unbiased judgment and recommendations from contractors performing work under its contracts and orders, I agree to advise the Contracting Officer of any actual or potential personal conflicts of interest I may have related to any work I perform under this contract/order with the Government. Personal conflicts of interest include any matter in which I or my spouse, minor child, or household member has a financial interest. A financial interest is any interest in, or affiliation with, a prime contractor, subcontractor to a prime contractor, any offerors, or any prospective subcontractor to any offeror for the program, contract, or other matter for which I am performing a support task under this contract. The financial interest can take the form of any ownership interest (including but not limited to: stock;

ownership of bonds; vested or unvested retirement benefits; a loan or other financial arrangement that is other than an arm’s-length transaction; employment, or an arrangement concerning prospective employment including negotiations therefore; or any non-arm’s length loan, any gift from or other non-arm’s length financial arrangement with any person who is directly communicating with the government on behalf of the prime contractor, subcontractor, or any prospective subcontractor or offeror). With respect to conflict of interest disclosures required under this agreement, a financial interest in, or affiliation with, the prime contractor that is my employer under this contract does not have to be disclosed to the Contracting Officer. If any potential conflicts of interest, real or otherwise, do present themselves, then I shall immediately disclose the pertinent information to the Contracting Officer.

By signing below, I certify that I have read and understand the terms of this Non-Disclosure Agreement and Agreement to Disclose Potential Conflicts of Interest, and voluntarily agree to be bound by its terms.

Signature of Contractor Employee Date

Printed Contractor Employee Name

Government Contracting Officer’s Representative Date

Contracting Officer