25Q0023 PWS ANNEX A.docx

PERFORMANCE WORK STATEMENT

FOR

LOCAL EXCHANGE CARRIER

AT

NAVAL AIR STATION

WHITING FIELD

MILTON, FLORIDA

PART 1

GENERAL INFORMATION

This is a non-personal services contract to establish a contract to support the services currently being provided on BellSouth Telecommunications, INC, American Telephone and Telegraph Company (AT&T) Account Number 251 M17-1323 323 supporting services for outlying landing fields (OLF) for OLF Evergreen, OLF Middleton, OLF Silver Hill, and OLF Brewton. The Government will 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. The Government will award a firm fix priced contract. This Performance Work Statement (PWS) establishes the requirements for leased Local Exchange Carrier (LEC) access to commercial network service supporting subscriber service at the site listed above. As used herein, the term Contractor is defined as the Prime Contractor and any resultant Subcontractor(s). The Prime Contractor shall ensure that any subcontractor(s) comply with the terms and conditions of this document.

Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and four (4), 12-month option years. The Period of Performance reads as follows:

Place of Performance. The circuit referenced under this contract provides services for OLF Evergreen, OLF Middleton, OLF Silver Hill, and OLF Brewton.

Hours of Operation.

Normal Duty Hours. The Contractor is responsible for providing performance/service, 24 hours, 7 days a week, except on 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 are essential.

Federal Government Holidays.

(a) When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. This list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination regarding applicable paid holidays.

(b) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel work during the holiday, the Contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked, unless stipulated otherwise. This provision does not preclude reimbursement for authorized overtime work if applicable.

(c) When the Department of Defense grants excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer (KO) or the Contracting Officer’s Representative (COR). Changes in employee work schedules shall comply with the terms and conditions of the contract, to include payment provisions.

(d) If Government personnel are furloughed, the Contractor shall contact the KO or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected as a result of Government shutdown and/or furloughed Government employees. In the event of a Government shutdown or furloughed Government employee(s) impacts contract price/cost, a negotiated settlement will be reached as deemed appropriate by the KO.

1.0 Description of Services/ Introduction. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to establish a contract to support the services currently being provided on BellSouth Telecommunications, INC, supporting services for AT&T Account Number 251 M17-1323 323 as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.1 Background. Establish Business Lines and Net Interface-Outside Single Line circuits, these lines are used to coordinate aircraft movement between NAS Whiting Field, and Outlaying landing Fields.

(a) Establish a contract to provide the services currently provided on Bellsouth Telecommunications, INC, AT&T Account Number 251 M17-1323 323.

(b) The method of payment shall be via Wide Area Workflow.

1.2 Objectives. The objective of this contract is to establish a contract to provide the services currently provided on Bellsouth Telecommunications, INC, AT&T Account Number 251 M17-1323 323 which support the below OLFs and NAS Whiting Field’s mission.

1.3 Navy Complex Telephone Exchange Access Service Requirements

1.4 This PWS provides the requirements for leased Local Exchange Carrier (LEC) access to commercial network service, path/interface to the Public Switched Telephone Network (PSTN) to support simultaneous access, transmission and switching of voice, high-speed data and image services (video teleconferencing). Trunking service shall terminate on the Navy’s HP DL360 G7 with CM6 Telephone switching platform located in the building 1415 Naval Air Station (NAS) Whiting Field, Milton, FL. The Navy also requires one T1/PRI with three dedicated DS1 connections (1.55Mbps).

1.4.1 The Navy will be able to modify the quantity and type of connectivity services provided by the Contract at any time during the contract period and bill to the MISC TELECOMM CHARGES NTE (Not to Exceed) Line Item, in accordance with tariff rates. Present inventory counts on all schedules are not all inclusive and will vary according to service levels requirements during the life of this contract.

1.5 Integrated Services Digital Network Primary Rate Interface (ISDN PRI) Integrated Trunk Facility Setup/Configuration

(a) The ISDN trunks shall be setup to support two-way service selection on a per call basis in a descending sequential hunt pattern.

(b) All trunks shall be configured for 64 kilobits per second (64Kbps); with primary and backup D-channel signaling (DSO) clear channel signaling per location and ISDN specifications, and provide Automatic Number Identification (ANI) for caller ID.

(c) The dedicated digital (T1/DS1) transport circuits shall be configured for the Extended Super Frame (ESF) using Binary 8-Zero substitution (B8ZS) line coding and terminated by Digital Signal Interconnect (DSX) smart jack (RJ-45connector) in Building 1415.

(d) The ISDN PRI trunks shall provide a stratum-1 timing reference, which will act as the secondary synchronization reference to the telephone-switching platform.

(e) All call set-up and teardown signaling shall be done over the D-channel per ISDN specifications.

(f) The long distance service shall be FTS.

(g) The service shall include access to the FTS/ Commercial circuits.

(h) The Contractor shall provide traffic studies, minimum of one per year, on all trunks at no additional cost to the Government.

(h) The Contractor shall prevent the addition of unauthorized 3rd- party, non-regulated, non-toll, miscellaneous category recurring charges to customer’s accounts (BLOC).

1.5.1 Local Exchange and Access Trunks

ISDN/PRI Subscriber lines are also in use by various Navy customers on Whiting Field. See Enclosure 1.

1.5.2 Local Exchange Digital (ISDN PRI) Direct Inward Dialing (DID) Direct Outward Dialing (DOD) Trunks via T-1 transport.

Current approximate number of ISDN PRI Trunks: 1 Trunk, 3 DS1 circuits.

1.6 ISDN-PRI Trunking Installation for NAS Whiting Field.

In the event that the Contractor must install a Point-Of-Presence (POP) at NAS Whiting Field, Milton FL, the Contractor shall assume all responsibility and cost for implementing network presence at NAS Whiting Field. The Government will provide unconditioned copper pairs to these buildings as required. The Contractor must obtain approval from the Naval Computer and Telecommunications Area Master Station Atlantic (NCTAMSLANT) Base Communications Office (BCO) Pensacola/Whiting prior to installing racks and equipment as required (Vendor Multiplexer (mux/demux) UPS, etc.). The Contractor shall be responsible for extending all required facility services to on-site network equipment (i.e. 12OVAC and grounds from available existing facilities or upgrade facilities to support the additional requirements).

1.7 ISDN-PRI Trunking DID/DOD Number Assignments for the NAS Whiting Field.

The DID/DOD number ranges from 850-623-7000 through 850-623-7999; 850-665-6000 through 850-665-6999 shall be activated/pointed over the ISDN-PRI trunks and operational.

1.7.1 DID/DOD Directory Numbers assigned to NAS Whiting Field approximate number of DID/DOD Lines: 2,000.

1.8 Exchange and Access Lines

The long distance, international, and toll free will be provided by the government using FTS/ Commercial Trunks.

1.8.1 Transport Channels

Number approximate of Transport Channels: 69.

1.8.2 Commercial Subscriber Lines

Number approximate of commercial transport subscriber lines: 2000.

Present inventory counts on all schedules are not all inclusive and will vary according to service levels requirements during the life of this contract.

1.9 Quality Control. Quality Control is the responsibility of the Contractor. The contractor shall implement an effective Quality Control program.

1.10 Quality Assurance. The Government will evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the Contractor has performed IAW the requirements of the contract. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable deficiency rate(s) as illustrated within the PWS and Performance Requirements Summary (PRS). All performance ratings will use (Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory), as defined in FAR subpart 42.15, Contractor Performance Information. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

2.0 General Requirements

2.1 Specific Dialing Capabilities

(a) Emergency 911 (E91 1) Services - The Contractor shall provide access to 911 network services provided by the local city emergency services organization. Emergency service assistance shall be provided for the deaf.

(b) The Contractor shall provide access to existing 800 #’s and maintain all existing and established DIOD hunt groups. 800 #‘s will be provided after contract is awarded.

(c) The Contractor shall provide international operator access/assistance.

(d) The Contractor shall not provide local exchange or long distance operator access/assistance.

(e) The Contractor shall not allow/provide long distance directory service to NPA-555-1212. The local calling area shall remain unchanged from the present area boundaries.

(f) All collect calls, local and long distance directory assistance, operator assistance and 3rd party calls shall be blocked.

(g) Commercial voicemail shall be blocked as the government provides this service.

2.2 Support Services

(a) The Contractor shall provide 24 hours, 7 days a week network assistance and support (operation and maintenance).

(b) The contract shall identify in writing a single point-of-contact for technical support.

(c) The Contractor shall describe in writing their trouble reporting and escalation procedure, including telephone numbers to be used in reporting troubles 24/7 and a single point-of-contact to serve as the trouble management coordinator.

(d) The Contractor shall provide to the Government in writing a list of management personnel contacts to be used by the Government POC in an escalation process in situations where troubles are not likely to be corrected within an acceptable time frame, reference paragraph 2.2.1.

(e) The Contractor shall provide progress reports in writing to the Government POC throughout problem resolution efforts. The nature/extent of the problem will determine the number of progress reports required.

2.2.1 The Government’s definition for catastrophic, major and minor outages and remedial service required response time for each are as follows:

(a) Catastrophic: Demands immediate attention, such as a total loss of service, loss of network control, and loss of call processing capability to 95 percent or more of equipped lines and/or trunks. The Contractor shall make commercially reasonable efforts to dispatch technical service on-site within two (2) hours or less from the time the outage is reported to the contractor.

(b) Major: Demands rapid action. Includes loss of service to a subscriber line group; fuses for common groups of channels and control of groups of channels and control to groups of changes; one of a redundant subsystem (e.g., one processor or one memory) fails but the other is working without problems; loss of battery charging current; dial-tone delay over three (3) seconds on 20 percent or more of calls when line load control is not implemented; post-dialing delay over ten (10) seconds on all intra-office calls. . The Contractor shall make commercially reasonable efforts to dispatch technical service on-site within four (4) hour or less from the time the service call is reported to the contractor.

(c) Minor: Non-emergency conditions that cause degraded service or a fault condition that makes the system perform at a level less than that for which it is designed; condition discovered in automatic routing which has not shown in the operation of the equipment, but requires attention; dial-tone delay over three (3) seconds on 1.5 percent to 20 percent of calls when line-load control is not implemented; post dialing delays on all intra-office calls for one (1) to ten (10) seconds. . The Contractor shall make commercially reasonable efforts to dispatch technical service on-site no later than 1200 noon the next business day.

2.2.2 Level of Support

The Contractor shall dispatch the appropriate level of support required to successfully respond to the outage for diagnosis and repairs as described in paragraph 2.2.3 of this document. At any level, the response time shall not exceed that set forth in paragraph 2.2.1 of this document.

2.2.3 Diagnosis and Repairs

The Contractor shall diagnose and repair outages. A diagnosis report shall be provided to the Contracting Officer’s Representative (COR) as soon as available but no later than one (1) hour from the time the technician reports on-site. The diagnosis report, at a minimum, shall include a definition of the problem and an estimated repair timeframe. The repair window for each level of outage is provided in paragraph 2.2.1 of this document. At the end of the repair window, the contractor shall provide the COR with a written status report summarizing the problem and repairs made.

2.2.4 Re-sale of Existing Service

If during the period of performance of this contract, there is an initial resale of services, the Prime contractor shall remain responsible for ensuring that all services and performance standards are met as per the contract terms and conditions.

2.2.5 Traffic Studies

The Contractor shall provide to the COR a minimum of one traffic study per year, on all trunks covered by the SOW, at no additional cost to the Government.

2.2.6 Support Service Fees

The Contractor shall include the fees for support services in the monthly recurring charges, determined by the contract, for the Telephone Exchange Access Services, at no additional cost to the Government. Connectivity services shall adhere to International Telecommunications Union (ITU) and American National Standards Institute (ANSI) standards.

3.0 Standards

(a) The Contractor shall conform to, and be compliant with, established International Telecommunications Union (ITU) and American National Standards Institute (ANSI) Standards.

(b) When performing work for the Government, the Contractor shall make every effort to employ only qualified Telecommunications Technicians with no less than five (5) years of experience in the telecommunications field for the specified work task.

(c) The Contractor is responsible for maintaining personnel, who are fully qualified, certified, versatile, and competent to perform the specified telecommunications services both on an emergency and routine basis during the established contract period.

(d) The Contractor shall keep areas in a clean, neat and safe condition at all times.

(e) Contractor equipment approved by the Government for connection to the Base Telecommunications network(s), including all wiring and connectors, shall be tested and approved in accordance with approved telecommunications, International Telecommunication Union (ITU) and/or American National Standards Institute (ANSI) standards.

(f) Materials provided under this contract, including additional features, optional equipment and basic software, shall be commercially available as an off the shelf item (standardized) requiring no further development and shall have been fully tested, approved or demonstrated in the commercial or Government marketplace to meet the intended usage.

(g) The Contractor shall staff, provide, and maintain, at its own expense, during the entire performance of the contract, the appropriate insurance coverage in accordance with “Insurance-Work on a Government Installation” clause Federal Acquisition Regulation (FAR) Reference 52.228-5.

(h) The Contractor shall provide all necessary material, supervision, management communications, and administrative support services (printing, reproduction, and miscellaneous support) as necessary to support this contract.

(i) All personnel, vehicles, labor, tools, materials, supplies, test equipment, diagnostics, manuals, schematic

(j) Drawings, facilities, and major/minor components required to provide the BCO with telephone exchange access services and support under the terms of this contract shall be furnished by the Contractor.

(k) All Contractor personnel are required to conform to base regulations and concerns, (i.e.):

(1) Designated routes

(2) Parking regulations

(3) Base vehicle speed limits

(4) Automotive liability insurance

(5) Excavation permits

(6) Cell phone usage while on base

(7) Base access requirements/regulations

(l) The Contractor will correctly label all demarcation points/cables with a clearly defined and readable tag to include but not limited to circuit ID and number.

4.0 Special Access

(a) Some work areas are controlled access areas that require an escort of all Contractor personnel. Access will be approved and controlled by station Point of Contact (POC) and NAS Whiting Field Security Officer. Prior contact will be required before access will be granted to contractor personnel. The Contractor shall submit a list, in accordance with established policies, of any and all contractor personnel needed on each job will be submitted to station POC prior to start of work in a controlled access area.

(b) All contractor personnel will require a picture ID to gain access to the NAS Whiting Field. Contract personnel shall have a company I.D card with picture in plain view at all times when onboard the NAS Whiting Field.

(c) All Contractor-owned or private transportation modes to and from the NAS Whiting Field may be subject to search each and every day to gain access to the NAS Whiting Field.

(d) All Contractor personnel shall sign in and out of in the logbook provided by the Government in the BCO and all switch area locations.

5.0 Deliverables

In addition, the support described above, the contractor shall submit the following paper deliverables:

· Minimum of one Yearly Traffic Study

· Add Hoc Reports, as necessary

6.0 Security

6.1 Physical Security. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use IAW OPNAVINST 5530.14E CH-2, Navy Physical Security and Law Enforcement Program. Contractor shall maintain a physical security checklist/log which will be forwarded to the COR on a quarterly basis. At the close of each work period, Government facilities, equipment and materials shall be secured.

6.2 Security of Classified Items, Systems and Information. The Contractor shall not access, view, possess, or use classified information under this contract. The Contractor shall immediately contact the COR for instructions if access to classified information becomes necessary or if the Contractor falls into the possession of classified information while performing services under this contract.

6.3 Personally Identifiable Information (PII). Work under this contract requires access to personally identifiable information (PII) and information protected by the Privacy Act of 1974. At a minimum, the Contractor shall meet eligibility requirements for a position of trust. The Contractor shall comply with all applicable DoD security regulations and procedures during the performance of this contract. Contractor personnel shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data, sensitive but unclassified (SBU) information, and all Government personnel work products that are obtained or generated in the performance of this contract.

6.4 National Agency Check, Local Agency Check and Local Credit Check (NACLC). At a minimum, Contractor employees are required to have a favorable National Agency Check, Local Agency Check and Local Credit Check (NACLC) investigation IAW DoD Instruction 8500.2. Local Agency Check and Local Credit Check shall be submitted and results received 10 calendar days prior to commencement of work. An “unfavorable” or “no determination” adjudication of the Contractor employees’ investigation will result in immediate termination of access to the workspace and records.

6.5 Facility Access Determination (FAD). The Department of the Navy (DoN) has determined that all DoN Information systems are sensitive regardless of whether the information is classified or unclassified. All personnel accessing DoN Computer systems shall undergo investigation for a position of trust to verify their trustworthiness. The Government will include Facility Access Determination (FAD) program requirements in the contract specifications when determinations for facility access only will be required on the Contractor employees.

6.6 Employment Eligibility Verification. No foreign national will be employed on this Government contract. This clause does not apply to employees hired overseas in accordance with Status of Forces Agreements, Diplomatic (memorandums) of understanding or other Host Nation Agreements. Employees hired under these agreements are subject to local pre-employment checks. Each Contractor employee shall comply with the HSPD-12 E-Verify Federal Acquisition Regulations FAR Clause 52.222-54, Employment Eligibility Verification.

6.7 Joint Personnel Adjudication System (JPAS). All Contractors, working within DoN Spaces must be entered into the Joint Personnel Adjudication System (JPAS), and then owned by their contracting company Facility Security Officer (FSO). The receiving command Security Manager will then service those individuals in JPAS for tracking and monitoring of their investigation status. If no previous investigation exists the contractor personnel shall complete the requirement for a NACLC. NACLCs for positions of trust will be processed through the FRCSE Security Manager.

All work is expected to be unclassified or unclassified sensitive data including Personally Identifiable Information (PII). The Contractor shall meet all requirements of the Privacy Act; DoD 5239 & 8570 instructions. No requirement exists for the handling of classified data.

7.0 Safety. The Contractor shall establish and maintain a safety plan.

7.1 In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with 29 CFR 1910, Occupational Safety and Health Standards. The Contractor shall comply with the above and all other applicable DoD, Navy, and Federal, State and Local safety and health requirements.

7.2 Environment and OSHA. The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution. The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

7.3 Reporting Mishaps. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contactor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract. The Contractor shall adhere to reporting of mishaps IAW OPNAVINST 5102.1D MCO P5102.1B, Navy & Marine Corps Mishap and Safety Investigation, Reporting, And Record Keeping Manual. In addition the Contractor shall report injury or occupational illness to on-duty Contractors and Contractor accidents involving Navy property and personnel.

7.4 Emergency Services.

7.4.1 The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor of their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall, in turn, notify the KO or COR within 30 minutes of the incident.

7.4.2 Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

7.5 Personnel Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, designated representative or COR, and shall notify the KO of the corrective action to be taken.

8.0 Personnel. For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or subcontractor. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance. The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general wellbeing, or operational mission of the Navy. All Contractors’ personnel shall comply with installation security and access procedures and the Contractor’s final Safety Plan.

8.1 Motor Vehicle Operators. Contractor’s personnel, whose tasks involve operation of any vehicles, shall possess a valid U.S. state driver’s license, certificates and permits, applicable for the type and class of vehicle being operated.

8.2 Authorization to Work. Contractor’s personnel shall either be a United States Citizen or authorized to work in the United States or possess a valid U.S. Immigration T-151 or I-94, Alien Registration Card. If Contractor person is not a US Citizen they must submit a foreign national visit request through the State Department and their embassy. This process can take up to 60 days.

8.3 Speaking, Reading, and Understanding English. Contractor shall hire and staff personnel who can communicate with Government representatives and where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties, Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

8.4 Identification of Contractor Employees.

8.4.1 The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employee shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the KO prior to the contract performance date and updated as needed to reflect Contractor and subcontractor personnel changes.

8.4.2 All Contractor personnel attending meetings, answering Government telephones, 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.

8.4.3 Contractor personnel shall ensure that all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

8.5 Conflict of Interest.

8.5.1 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, Organizational and Consultant Conflicts of Interest. The Contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect 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.

8.5.2 Employment of Government Personnel. The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the Contractor shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DoD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR. In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QAR) whom the Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the service provider.

8.6 Conduct of Employees. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with Department of Defense (DOD) Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid being improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on United States of America (USA) Facilities.

8.7 Contractor Advertising. The Contractor shall not place or display advertising of any kind on Government property.

8.8 Key Personnel: The following personnel are considered key personnel by the Government:

8.8.1 Project Manager (PM)/alternate PM.

1) The Contractor shall provide a PM 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 manager is absent shall be designated in writing to the KO within 10 calendar days after contract award; thereafter any changes shall be provided five (5) business days prior to expected change and no less than 24-hours after unplanned changes. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

2) The PM or alternate shall be available between 0730 and 1600 Monday through Friday excluding Federal holidays or when the Government facility is closed for administrative reasons.

8.9 Supervision of Contractor Employees. The Government will not exercise any supervision or control over Contractor or Subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or Subcontractor employees.

8.10 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 KO. 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.

Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (Jan 2017)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD- 12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

Applicability

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”.

The SAAR-N shall be forwarded to the Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non- Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

· SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

· Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

· Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF- 86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and…