A02.13 Purchase Description - World Fleet Vessel Register Data dated 2024.09.17.docx

PURCHASE DESCRIPTION

Commercial World Fleet Vessel Register Data & Information for Application to Data Verification & Analysis in Support of the Waterborne Navigation Program of the U.S. Army Corps of Engineers (USACE)

September 17, 2024

1.) Overview & Introduction

Overview:

This purchase description (PD) and the scoping outlined herein has been developed to provide explanation and specifications concerning acquisition of commercial vessel registers by the Institute for Water Resources (IWR) of the U.S. Army Corps of Engineers (USACE). The general requirement or specification is for acquisition of commercial vessel registers which contain data and information as typically listed in a commercial register for the world’s fleet of ships with provision or access to such data and information to the fullest extent of fleet coverage (i.e., greatest number of individual hulls or ships) as contained in or as available for a given vendor’s register.

As a general description of primary specifications respective to coverage of the range in vessel size, requirements are for inclusion of all vessels (including both self-propelled and non self-propelled) within a range in size or tonnage rating of approximately 70 DWT\100 GRT and above, or from 70 DWT\100GRT up through the largest vessels currently in the world fleet to the fullest or maximum extent that a given register contains or includes them. Regarding the extent of data required for each vessel or hull, specifications will be for a given set or listing of data fields as listed later in Table 1 of this PD. The set of data fields requested respective to costs or pricing entails two alternative specifications:

-1.) a minimum or reduced set of 33 data or vessel characteristics fields as listed in Table 1.

and

-2.) a full or enhanced set of 108 data or vessel characteristics fields (which is inclusive of the minimum or reduced set of fields). In addition, for the 108 data field set, it is requested the vendor also include or list for pricing any additional fields not listed that pertain to prime mover and auxiliary powering, bunkerage consumption and measures, fitout, or accoutrements for emissions reduction or control.

The PD also contains additional content per the following parts or sections:

· Introduction - An introduction is provided for background and perspective as to the general need for vessel register data and information with regard to how it is used.

· Requirements\Specifications - This section outlines the timeframes or durations for service or provision of register data, provides detail concerning the two alternative data field sets requested for pricing, and provides initial discussion on the two primary entities with USACE-IWR that have needs for the data (IWR-WCSC and IWR-WRC). This section also outlines requirements for the breakout of vessel data (for example by DWT class) to be provided in response to the solicitation for vessel register data so a general appraisal can be undertaken in regard to coverage of a given register versus any competing or alternative products.

· Privileges for Distribution, Sharing & Retention of Data\Information - This part of the PD outlines needs and requirements for USACE concerning distribution and sharing or disclosure of vessel register information as to what extent within and outside the organization subject to appropriate level of detail or aggregation with concerns for protections of the data and information acquired respective to considerations for commercially acquired data and information.

· Summary Statement of Deliverables - Summarizes what is to be provided in compliance with the PD should a given vendor be awarded a contract for provision of subject vessel register data and information; generally reiterates the primary specification(s) summarized at the beginning of this overview).

· Any additional following sections address 1.) general requirements for operational security as applicable, 2.) required terms and conditions (these may be in addition to other terms conditions as required by Government contracting authority handling or processing advertisement for acquisition of vessel register data via the PD as set forth herein), and 3.) instructions for invoicing.

· Interested vendors are encouraged to forward any questions for needed clarification(s) regarding what is required for this PD to the designated point of contact (POC) for the associated contract advertisement.

Introduction:

The purpose of this purchase description (PD) is to provide background and needs pertaining to vessel register information needed by the Waterborne Commerce Statistics Center (IWR-WCSC, located in New Orleans, Louisiana) of the Institute for Water Resources (IWR) and the capital region and headquarters office of IWR (IWR-WRC; located in Alexandria, Virginia) of the U.S. Army Corps of Engineers (USACE). The requirements as set forth are for or in context of an openly competitive announcement and solicitation for fulfillment of requirements and specifications as described or set forth herein. If any interested vendor needs to pose any inquiry for clarification(s) of technical scoping and requirements, they are encouraged to do so via the contact information listed for this posting of PD requirements or as may be described or otherwise listed herein.

The Waterborne Commerce Statistics Center (IWR-WCSC, New Orleans, Louisiana) of the capital region office of the Institute for Water Resources (IWR-WRC, Alexandria, Virginia) of the U.S. Army Corps of Engineers (USACE) compiles, processes, and analyzes data and information for waterborne transportation and associated trade, and affiliated services involved with the conduct of both domestic and foreign trade critical to the economy of the United States. The data and information assembled by WCSC and IWR are employed in the engineering and economic evaluation of Federally-sponsored waterway improvements for coastal harbors and associated deep-draft approach channels and waterways in addition to internal or inland waterway(s) systems. Such improvements include placement of new general navigation features (GNFs) such as channels or vessel maneuvering areas and enhancements to existing navigable waterway features. Enhancements may include deepening and enlargement of vessel maneuvering areas to accommodate evolving changes in vessel or fleet characteristics and fleet service regime driven by trade and demand for supporting waterborne transport. In the same contexts of evaluation of new GNFs or related enhancements, subject data and information is also routinely employed to inform agency (USACE) decisions for management of operation(s) and maintenance (O&M) within the framework of budgetary and fiscal resource constraints of the agency’s ongoing waterborne navigation program.

Part of the information essential to waterway system evaluations includes the identity and specifications of vessels including vessel type, physical dimensions, capacities, and other characteristics, including (but not necessarily limited to) age, powering and immersion. IWR-WCSC employs this data and information to help verify the identity of vessels with linkage of vessel and trade tonnage movements to develop a more complete profile of trade statistics used for decision-making and evaluations of waterway system projects. Analysts at IWR-WRC and in the field or District offices use described information to conduct economic and engineering evaluations to assess the feasibility and economic return of new navigation feature construction, and physical improvements or enhancements thereto, and O&M initiatives based on transportation cost efficiencies made possible by such measures. Typical efficiencies evaluated include loading and operating vessels more efficiently than would otherwise be possible (without specified new waterway channels or systems, improvements or enhancements).

2.) Requirements\Specifications

The requirements outlined herein set forth description and specifications for contractual agreement and fulfillment by the data and information services vendor in terms of the following general technical requirements:

· 1.) Duration of time and frequency of provision or update of specified data and information over time.

· 2.) Coverage of the world fleet and respective data, with Individual data fields for physical specifications and descriptive characteristics (IMO hull number, DWT, etc.) needed with consideration to degree of fleet coverage and data fill for respective fields.

· 3.) Privileges for Distribution or Sharing and retention of Data (internal to USACE).

1,) Duration of time and frequency for data provision. The duration for contractual services described herein shall be for a minimum of one (1) base calendar year (or 365 calendar days) with potential for extension of services up to four (4) additional years (of 365 calendar days each in duration) on an optional basis with provision to exercise such option(s) each individual subsequent year or on an annual basis at the discretion of the Government. Each year for provision of subject data and information shall incur update of specified data fields on approximately a monthly basis to the extent available or undertaken by the vendor for ongoing maintenance of currency of related data and information contained in or made available via its vessel register. The contractor will provide for one initial download of vessel register data and information to be provided within five (5) calendar days of contract award or exercise-of-option notice to proceed (NTP) followed by an additional twelve (12) downloads or postings of data at intervals of approximately 29 to 31 calendar days extending from the date of initial download for provision of data products. To additionally emphasize, data downloaded at each interval will be of the same or comparable specification but with update and accounting for more current information as compiled by the vendor for update and maintenance of its vessel register product over the corresponding time period. Each download or posting will be electronically facilitated with placement to agreed-to file transfer protocol (FTP) site address(es) or location(s) to be put in place or devised by the vendor employing vendor data storage assets and safeguarded by reasonable and valid measures for controlled and authorized physical access.

2.) Individual Data Fields and Coverage - The specifications for coverage of the database downloads provided will extend to all commercial vessels (cargo and otherwise) of any or all sizes covered by the vendor’s vessel register. Three (3) general realms of coverage are specified for vessel data register acquisition. These are and extend to all vessels carried and inventoried, and to be made available:

- a.) the active\temporarily inactive or live vessel database (to be provided for both IWR-WCSC and IWR-WRC),

- b.) newbuilds as made available by corresponding monthly update (to be provided for both IWR-WCSC and IWR-WRC).

- c.) the database of vessels assessed as fully inactive or permanently withdrawn from service including those broken or lost (dead ships register database; all specified and related fields as applicable or to the extent available; to be provided only to IWR-WRC) and

- d.) the vessels on-order database (to be provided only to IWR-WRC)

· Specified data fields. The requirements for data to be provided includes fields for various vessel specifications and characteristics totaling108 unique data or information fields in number. Of these fields approximately 33 are required by the Waterborne Commerce Statistics Center (IWR-WCSC) for requirements pertaining to data verification and cross-referencing with additional fields needed by IWR-WRC for other applications relevant to waterway project analysis and evaluation. The data or information fields required according to technical needs of each organization (IWR-WCSC and IWR-WRC) are listed below in Table 1 as follows:

Table 1 – Listing of Vessel Register Data Fields as Identified for Needs of the Waterborne Commerce Statistics Center (Part of IWR located in New Orleans, Louisiana) and IWR Analytical Applications (Alexandria, Virginia)

FIELDS AS IDENTIFIED BY TYPICAL OR COMMON LABELING

WCSC

IWR

FIELD NAME ONLY

Needs

Needs

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

Total Fields

Fields Common to Needs of Both Organizations

Fields Not Common to Both Organizations

Total Number of Unique Fields

Verification

1.) It is recognized that not all field names are common to different registers of varying or different vendors. Field names as listed are based on past or prior experience with vessel registers. Any potentially interested vendor may or is invited to inquire as to compatibility of field names or field name meaning in event they are concerned for comparable or equal data content relative to field names or varying labeling.in addition to the table listing there is also interest in any other fields a given may have to offer concerning vessel powering and emissions.

· The vendor will be required to provide separable costs for the field listing as required or listed for IWR-WCSC (and which are shared with IWR-WRC and other entities within or internal to the U.S. Army Corps of Engineers [USACE]) and related conditions for use or application in addition to the total costs for all fields (needs for WCSC and IWR combined) and specified conditions for use as described by the PD herein.

Coverage and related availability of validated or viable data and information relative to cost will be the primary criteria for evaluation of vendor vessel register products or offerings. To additionally clarify the contexts of coverage, this includes the propensity for coverage of the world fleet largely based on the corresponding number of ships active in open trade world-wide and included in the database as well as the completeness of data for each ship record or profile in the vendor’s vessel register database. Interest also extends to vessel types and size classes commonly or likely to be involved in transoceanic trade and serving ports of the coastal United States as well as the maintenance of record or extend of the database over time or history for vessels permanently withdrawn from, or no longer in, active or commissioned service (dead ships database of the world fleet).

Accordingly, in response to specifications and needs for information set forth herein and to provide better insight as to the likely relevant vessel population covered for vendor product evaluation, any interested vendor will be required to provide in any proposal submitted the number of vessels covered or available in the database according to the following deadweight tonnage (DWT) and maximum summer load line draft delineations subject to one general grouping for all vessels and three (3) groupings or sub-groupings for the specified basic or primary ship types:

1.) Number of vessels below 20,000 DWT; with counts for groupings of a.) all commercial cargo vessels combined, and b.) separately each for tankers (liquid bulk), (dry) bulk carriers, and fully-cellular containerized carriers.

2.) Number of vessels ranging from 20,000 to 60,000 DWT; with counts for groupings of a.) all commercial cargo vessels combined, and b.) separately each for tankers (liquid bulk), (dry) bulk carriers, and fully-cellular containerized carriers.

3.) Number of Vessels above 60,000 DWT; with counts for groupings of a.) all vessels combined, and b.) separately each for tankers (liquid bulk), (dry) bulk carriers, and fully cellular containerized carriers.

4.) Regarding a basic measure for completeness of field coverage, any interested vendor will be required to provide an estimate of valid data fill or entry for each individually requested field based on or measured as a percentage of all vessel entries in the database with DWT equal to and over 5,000 DWT.

5.) Respective to distribution or grouping of maximum summer load line draft, total counts will be provided for all vessels combined as an overall group according to whether Foreign and U.S. Foreign service registry combined and separably for U.S. flag domestic registry (Jones Act qualified) with each respective registry grouping delineated according to hulls with maximum summer load line drafts of less than 12.0 feet, equal to or greater than 12.0 feet but less than 20 feet, 20 feet to less than 46.0 feet, 46.0 feet and greater.

6.) Specific to passenger vessels; deep-draft or ocean-going in general classification of service, any interested vendor will be required to provide hull counts delineated by the following; all vessels with maximum summer load line drafts of less than 20 feet, 20 to less than 28 feet, 28 feet to 36 feet and more than 36 feet (if any or where applicable). Respective to each of these delineations or draft groupings the contractor will also provide average Gross or Gross Registered Tonnage (GRT) and the average capacity for (berthed) passengers to the extent data is available.

3.) Privileges for Distribution, Sharing & Retention of Data\Information

The IWR-WCSC (New Orleans, Louisiana) and IWR-WRC (Alexandria, Virginia) have requirements for distribution or sharing of subject vessel register data and information to be acquired from the vendor. The data fields as identified specific to needs of IWR-WCSC and IWR-WRC are listed separably in Table 1, preceding or as earlier listed Specific to all data fields acquired for IWR-WCSC including those that also have common use to needs of IWR, required privileges for distribution and sharing include:

· Respectve to the base array or list of data fields (33 in number) the ability to share data at the detail or individual ship record level for the active vessel database with any organizational entity within or throughout the U.S. Army Corps of Engineers (USACE) to include District and Division Offices, and any other official organizational entity internal to USACE that acceptably substantiates valid and reasonable need for provision and use of subject data. Subject parties with whom detailed data is shared beyond IWR-WCSC and IWR-WRC will not share or disclose data at the detailed level outside the direct control of USACE, with any other entity whether Governmental (including State or Federal governmental agencies or entities) or in the private sector, or of the public at large. Entities with whom such data is shared will provide signatory concurrence for acceptance of these conditions before data and information are shared.

· Respective to fields identified for the active vessel database identified as unique to needs of IWR-WRC in Table 1, specified fields will only be distributed or shared within IWR-WRC and with the applicable centers of expertise for analysis of waterborne navigation (with centers located in Mobile, Alabama and Huntington, West Virginia). The centers for navigation studies will provide signatory concurrence for acceptance of these conditions before data and information are shared. Data identified as unique to needs of IWR-WRC will not be distributed or shared at the detailed or individual record level with any other entities internal or external to USACE. With further elaboration, detailed-level data will not be distributed to entities outside of USACE such as (and not necessarily limited to) other Governmental agencies (both Federal and non-Federal), commercial entities, regulatory bodies, public interest or research and non-profit organizations, the public at large, or any other entity or organization not expressly identified herein as having need or justification for sharing of subject data external to USACE. Internally to USACE, subject data will not be shared with any additional organizational elements outside of IWR or the designated centers for navigation studies. Such entities with which data will not be shared include (but are not necessarily limited to) any USACE District, Division, HQUSACE headquarters office, field office, laboratory, research entity or activity, contractor or affiliated organization, or any other administrative or technical work element not otherwise specifically and explicitly identified herein as having viable needs for provision of respective privilege(s) regarding distribution and sharing, and use of subject data and information. Regarding provision of the permanently inactive or dead ships database and the ships on order database for contractual requirements described herein, associated data is to be provided only to IWR-WRC, with specifications and limitations on distribution and sharing of all associated data fields as described for active ship data and fields unique to needs of IWR (Alexandria, Virginia) and the applicable centers of expertise for analysis of waterborne navigation (Mobile, Alabama and Huntington, West Virginia).

While no further sharing of detailed data (at the individual ship record level) will be beyond that generally described, aggregated statistics (data averages or ranges, etc.) derived from the detailed statistical records database may be used or released to only the extent necessary in technical documentation and reporting sufficient to convey the context or framework of analytical methods, procedures, and findings or conclusions derived from project analyses and evaluations employing subject data of concern. Additionally, detailed data may be used to assemble statistical reports comprised of aggregated statistics to include averages, median values, ranges, and measures of variance as may be deemed appropriate for evaluation of subject data and information which may be shared with other Federal agencies or outside the realm of Federal agencies as deemed to be in the public interest respective to the missions and duties of USACE.

In addition to the above description of privileges for distribution and sharing of data. USACE periodically has needs to make detailed information available for external independent technical review of project studies and evaluations. Typically, such reviews are performed by specialists in other governmental agencies or academicians affiliated with academic institutions with relevant knowledge, skills, and experience to objectively evaluate USACE studies and analyses. Within these requirements as they arise, data at varying levels of detail employed or relevant to a given project evaluation and technical review sometimes needs to be made available to entities performing a review to independently determine the viability of evaluation methodologies or approach, findings, conclusions, and as applicable, any recommendations associated with a given USACE study or evaluation. Correspondingly, privileges for distribution and sharing of relevant data will be granted on an as-needed basis and only with mandate of requirements for written signatory agreements for both non-disclosure (NDA) and non-alternative use of provided data and information (NAUA; precluding use or reference for any other purpose than as needed for the specified review tasking).

To reiterate and summarize, consistent with the preceding generally described needs for distribution and sharing for both USACE technical or analytical use and technical review, data at the detailed or individual vessel record level will not otherwise be distributed or shared outside of USACE or internally beyond IWR and the navigation centers of study.

Any and all data and information once purchased or acquired via the PD as described herein for a given period or coverage through time shall remain the property of the Government in perpetuity for any applicable need to evaluate historical data or trends for waterborne navigation or maritime activity of interest including vessel fleet structure(s) over time subject to the privileges for distribution and sharing set forth under this purchase description (PD). Under these conditions IWR-WCSC and IWR-WRC will serve as the long-term or ongoing centralized repositories of subject data where or to the extent appropriate given respective technical needs and missions.

Given determination that no one vessel register currently offered in the commercial market assembles or contains all vessels and related data and information for the world fleet at any one time, the procurement action for the PD as presented may be applied for up to two (2) vessel register subscription services offered by differing vendors. For acquisition of any register database, allowances for inflationary uplift from the base year shall be generally limited to three (3) percent annually based on recent trends for Producer Price Indices (PPIs) considered acceptably compatible to subject data and information services.

4.) Summary Statement of Deliverables

With a potential for up to two (2) awards or procurement of two (2) vessel register subscription services from different vendors, subject to the requirements and specifications as set forth herein, the respective vendor(s) or contractor(s) will provide capabilities for access and electronic download for the following:

1.) For a period of up to five (5) total years based on allowances for one (1) base year plus up to four (4) additional option years (available for exercise on an annual basis at the discretion of the Government based on internal determination of need and availability of budgets and resources) the vendor shall provide to the Government continuous access to subject data and information (via access to secure FTP websites or otherwise suitable electronic holding or staging sites or electronic addresses), with a specification of monthly update of releases with initial provision within five (5) calendar days of contract award and notice to proceed (NTP), and every 28 to 31 days thereafter for an additional twelve (12) monthly releases or installments (per calendar year of 365 calendar days). Correspondingly and to further affirm, the period of performance (POP) for each or any year services are provided is 365 calendar days from initial notice to proceed (NTP) (for the first year) or applicable date of exercise and initiation of any applicable option for an upcoming or subsequent (option) year.

2.) Specifications and privileges for distribution and use shall be as described under preceding Sections 2 and 3 of the PD as set forth herein. This requirement pertains to either of two (2) generalized specifications of the database(s) to be provided in terms of the number of fields purchased at the discretion of the Government (either limited to 33 data fields, or 108 data fields plus any additional fields for powering, bunkerage consumption and emissions control as listed or offered by the vendor as described previously for or in association with Table 1.

3.) To reiterate the general encompassing requirement as described in the initial overview, acquisition will be for the vendor’s full or complete vessel register database to include all vessels and hulls as listed or contained in the vendor’s register database with particular concern for all commercial and cargo vessels and hulls including both self-propelled and non self-propelled hulls rated at 70 DWT\100 GRT and greater as contained in the vendor’s vessel register database to the fullest or maximum extent available (alternatively stated, all hulls rated at 70 DWT\100GRT and greater, up through the largest vessels currently in the world fleet to the fullest or maximum extent that a given vendor’s register product contains or includes such vessels).

4.) More specific to defining the general encompassing requirement (for inclusion of data for all hulls or vessels), the vendor shall include and provide the following components of the overall database with or across the full range(s) of vessel size per DWT\GRT rating as previously described and as follows:

a. For IWR-WCSC and IWR-WRC, the active\live ships database (to include all vessel or hull status designations except for dead ships or hulls) with appropriate addition of newbuilds with ongoing periodic monthly updates for all specified fields of the acquired or purchased data field set (limited to either only 33 fields, or 108 fields plus any additional fields acquired pertaining to powering, bunkerage, and emissions control) to be provided to\for both IWR-WCSC and IWR-WRC with agreement between the vendor and Government for described privileges for distribution, sharing, retention, and use of associated data and information.

and

b. The permanently inactive or withdrawn (dead) ships and ships on-order databases (only to\for IWR-WRC) with agreement between the vendor and Government for described privileges for distribution, sharing, retention, and use of associated data and information. Respective to each of these databases, the dead ships database shall be provided extending as far back through history for all such vessels or hulls to the fullest or maximum extent the vendor can provide or that the vendor effectively carries within its vessel database with statistics for all data fields acquired (whether limited to 33 fields or 108 fields plus those additionally described for powering, bunkerage, and emissions control) to the fullest extent available from the contractor. With regard to ships or hulls on order, the criteria or requirement is for associated data and information concerning all vessels or hulls for which the vendor has or periodically obtains data and information extending as far forward into the future as possible and available respective to the data fields as listed for the acquired data field set. Update and adjustment for these databases will be commensurate with overall efforts for update and revision of related data and information for typical or reasonably expected ongoing maintenance of the vendor’s vessel database(s) or product(s) and therefore reasonably included in any ongoing periodic updates as appropriate (monthly, etc.) for any of the database products to be provided to the Government.

In the interests of efficiency for USACE needs for download and use of provided data products, the required format for provision or transmittal of the initial and each periodic provision of update or release thereafter of vessel register database product(s) is a database structure contained within a single electronic file in CSV format readily importable and readable via electronic file format compatible with current versions of ORACLE\Apex and Microsoft Excel with appropriate formatting for full transfer of numerical and text or non-numeric entries appropriate. It is requested that two File Transfer Protocol (FTP) addresses or sites be set up for provision of data products with requirements for data and information specific to needs for the IWR-WCSC be downloaded to one FTP address while data and information as described specific to the needs of IWR be provided or made available via another or separate FTP address or site.

Specific to the preceding and for purposes of costing it is requested that the vendor provide estimates for the grouping of fields respective privileges of use required only for the base number of fields for IWR-WCSC (which are shared with IWR-WRC and other elements of USACE) and another estimate for the total number of all fields for both entities combined subject to considerations of privileges for distribution, sharing, retention and applicable conditions for frequency of update.

5.) Requirements for Operational Security (OPSEC)

General Requirements for or Compliance with, Operational Security (OPSEC)

The requirements for acquisition of data and information as described herein primarily constitute procurement of a services subscription for data and information as the vendor compiles and markets or vends associated user products for access, viewing and interpretation of the data and information assembled. The products under consideration for acquisition are generally standardized products developed for a variety of commercial clients and related technical or analytical needs of maritime industries. Access and use by USACE personnel will be via remote electronic or internet link and website(s). The contractor will not have access to any network, server, or computerized platform or system operated or controlled by USACE other than for possible electronic meetings or email correspondence. There is no standing permission or requirement for contractor personnel to visit or enter any USACE or DoD owned\controlled facilities in fulfillment of this contract.

As indicated, the contractor or vendor will make access to data and information products available via electronic connection to websites operated and maintained by the vendor. The vendor’s established website(s) will have reasonable and sufficient measures to safeguard against unauthorized access or retrieval and infection or corruption from malicious code or software. The contractor will be required to detail or describe the general specifications of measures applied for OPSEC of available website(s) or internet address(es) and the procedures for USACE personnel to properly and securely retrieve subscription data and information to be provided or made available under technical scoping and specifications of the PD herein.

The work or services under this contract will be UNCLASSIFIED and electronic network or facility physical access is not required except for possible participation in meetings therefore the contractor(s) will not require a Common Access Card (CAC) or standing authorization for facilities visitation. Contractor employees may require infrequent pr periodic access to government facilities for meetings or site visits to discuss services, products or performance under the subject contract. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Infrequent or limited as-needed contractor access to a government facility for such needs shall be coordinated by the designated government technical point of contact (TPOC) or the contracting officer representative (COR). The COR or TPOC for each contract is the liaison between the security office and the contractor and will coordinate any visits with the governing security office for the facility to be visited.

The employment of contract personnel and related services or functions are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness contributes to those efforts. The contractor will actively or periodically monitor subject vendor-supported website(s) or address(es) for any unauthorized or suspicious activity or operation any of which should it occur is to be immediately reported to the designated technical points of contact (TPOCs) for IWR respective to this PD via both telephone and email (Ian Mathis; 703-428-7257, ian.a.mathis@usace.army,mil, or Kevin Knight, kevin.p.knight@usace.army.mil, 703-428-7520). Upon any such occurrence of activity the contractor and the designated POCs for IWR will need to confer and agree on remedial measures or alternatives for safe and secure provision of subject data and information. Any questions regarding security matters should be directed to the indicated TPOCs.

Safety Compliance - The contractor or vendor and its subcontractors and affiliated employees shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) for Environmental, Safety, and Occupational Health (ESOH) (DODD 4715.1E). Department of Defense (DoD) participates in the OSHA Voluntary Protection Program (VPP). Contractor personnel performing services on or visitation to a DoD installation shall participate in the local VPP as applicable. Information on the VPP is available at https://www.osha.gov/dcsp/vpp/all_about_vpp.html.

Security and safety requirements as described apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements.

6.) General\Additional Terms & Conditions of Sale Respective to the Purchase description (PD) & Technical Scoping, Specifications & Requirements as Described

Capacity or compliance with needs for (vendor) audit or verification with contract terms and conditions of sale - Periodically it is understood that the vendor of products or services may need to conduct review or audit for verification of compliance with contract conditions, most notably in regard to assignment of user access and application. Such efforts shall not entail rights of physical access or visitation to premises or facilities owned, controlled or occupied by USACE and its personnel. Due to requirements for systems security and integrity, the vendor shall not have or be granted in any manner physical or electronic access to data storage systems or electronic platforms employed for access or application and use of subject vendor products, data and information. The contractor however may employ what generally constitute passive measures such as recording and evaluating IP addresses and product password and identification names, codes or tags directly assigned to and employed by USACE personnel accessing its products, computerized applications, and information. This does not include the right to track or use any such information in any other way or for any other purpose than to verify use at the point of, or via the physical or electronic means of access for the vendor’s products and supporting systems. No other method or mechanism is implied or is allowed outside that described without written permission by the Government or explicit mutual agreement that may be otherwise included in the Terms and conditions of sale.

Indemnification - The Government cannot enter into any terms and conditions of sale with agreement for indemnification, including acceptance of terms for financial liability or otherwise in any form or context in association with access, handling, and use of the vendor’s products, associated data or information, or any derivative product or output thereof. This position also extends to any secondary or third part agreements the prime vendor may have for constituent or sub-contractual relations whether for the provision of any application, data, information or technical labor or staff support or any other professional services.

Ownership and Retention of Data, Information, Algorithms or any Product(s) uniquely created by or for Government at Government expense - Data and information downloaded or obtained via the vendor’s systems or products shall become property of the Government for retention and use as long as the data and information is deemed of value or purpose to the Government for studies, evaluations and analyses conducted by the Government or purchaser (IWR and its designated constituent organizations IWR-WRC and WCSC and the entities they in turn support as so described in the PD herein). The Government will, as long as subject data and information is held or retained, continue to treat subject data and information as a commercially acquired product in appropriate and fair contexts of protection(s) from non-disclosure to the public in addition to limitations on distribution, sharing, or otherwise common, joint or collaborative provision and use other than as described by the respective PD requirements herein. Data, information, algorithms, formulae, methodologies or any products acquired by the Government under the terms and conditions of this contract which are considered and reasonably verifiable to be common knowledge, readily available within the public realm of data, information and knowledge, or as may be developed by the Government shall not be subject to restrictions, treatment, or protections reasonably afforded commercially acquired data, information, and products acknowledged as or acceptably considered proprietary in nature or which have exclusivity for valid sale or resale value for the subject vendor in the marketplace. Subject protections for what may in some contexts be typically considered common knowledge for data or information may be applicable where such data and information is being provided with reasonable identification by the vendor as a commercially recognized source with professional reputation of verification for quality or accuracy and completeness of the data and information of concern. In similar contexts, some formulae, analytical relationships models, data and information assembled or developed by the Government may be considered sensitive and entitled to specific protections from release or disclosure outside of IWR and the Government when based on critically developed with data and information deemed or determined to be sensitive or proprietary in nature.

Non-Personal Services - The contractor shall provide strictly non-personal services as contractor employees are not subject to direct supervision and control by the Government. The contractor’s technical staff and personnel in regard to use and application of the vendor’s products may advise and support the Government but shall not make determinations, decisions or certifications on behalf of the Government considered to be in the realm of Government functions or analyses for this contract nor perform any inherently governmental functions. The contractor and its employees shall not represent the government nor appear to represent the government in performance of these contract services. Contractor personnel shall clearly identify themselves as contractor or vendor employees (or otherwise if applicable) in all interactions during contract performance.

Data & Information Privacy & Protections - Where applicable any data or information furnished by the government for this purchase description (PD) are not to be further disclosed or distributed except where expressly permitted in compilation form and shall be used for no work product beyond this scope of this purchase description. Any data furnished by the government shall be handled in accordance with established Government procedures for safeguarding proprietary information against unauthorized disclosure. Where such exchange of data and information is required, agreements for non-disclosure (NDA) and non-alternative use (NAU) may be required of the vendor or contractor.

Government Representation & Points of Contact (POCs) - The government’s contract Project Manager and Contracting Officer’s Representative (PM/COR) for this Task Order will be appointed. A technical point of contact (TPOC) may also be identified for working with the vendor and staff concerning any technical issues inquiries during the course and period of performance. The PM/COR nor the TPOC has no authority to direct the contractor in any way to alter the contractual obligations as agreed to under the terms and conditions of sale. The official Contracting Officer (KO) to be identified at the time of work or contract award is the only individual authorized to make changes to specification, requirements, and conditions of the contract as assigned or awarded.