4.02 Attachment 1- SAP Combined Synopsis Solicitation-Performance Work Statement- Final.pdf

Last revised: 7/23/14

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both SAM.gov and NECO (https://www.neco.navy.mil/).

The RFQ number is N0060423Q4033. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-01 and DFARS Change 1/31/2023. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/far/ and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS code is J066 and the Small Business Standard is 19 Million. The proposed contract action is for commercial services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 13.106-1(b).

Interested persons may identify their interest and capability to respond to the requirement or submit quotes.

This notice of intent is not a request for competitive quotes. However, all bids, proposals, or quotations received by the closing response date will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The Small Business Office concurs with the set-aside decision.

The Fleet Logistics Center Pearl Harbor Regional Contracting Department requests responses from PAC LP for providing the items listed below in its entirety:

Item No Supplies/Services Quantity Unit Price Ext. Price 0001 PM-Calibrations IAW PWS 1 Group

Evaluation will be Lowest Price Technically Acceptable Responsible (LPTA) that can support the requirement as identified in the PWS.

Period of performance (POP): 1 Apr 2023 to 30 Mar 2024 Location: Pearl Harbor Hawaii 96860

Submission Requirements:

Quotes shall include a detailed breakdown of the quoted prices. Additionally, quotes shall include a completed copy of 52.212-3 and its ALT I & 4.02 FAR 52.204-24 - Reps Regarding Certain Telecommunications Oct 2020 with quotes.

FAR 52.212-3 ALT I instructions:

This form contains the information that is in your SAM registration, please scroll to page 4 section (2).

- If no update to your company’s information is needed, please type in NA

Payment will be electronic through the wide area workflow (WAWF).

FAR & DFARS provision and clauses applicable to this procurement are listed in the attachment.

Attachment List:

Attachment 1: Combined Synopsis Solicitation N0060423Q4033/PWS Attachment 2: FAR 52.212-3 and FAR 52.204-24 - Reps Regarding Certain Telecommunications Attachment 3: FAR Part 13 MFR for Other than Full and Open Competition Redacted Attachment 4: FAR Part 13 MFR/WD 2015-5689 Rev 19

The basis of award will be low price technically acceptable (LPTA) method. The final contract award will be based on a determination of responsibility and the lowest priced technically acceptable offer.

Price: In determining whether a price is fair and reasonable, the Government may use historical data, independent Government estimates in its price analysis, or any other technique permissible by FAR 13.106-3 and FAR 15.404-1(b).

Technical: To be rated acceptable, the Quoter must provide all items.

Technical Acceptability will be rated on an ACCEPTABLE or UNACCEPTABLE basis using the ratings listed below.

Technical Acceptable/Unacceptable Ratings:

Acceptable Offer clearly meets the minimum technical requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum technical requirements of the solicitation.

System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/.

All quotes shall include price(s), a point of contact, name and phone number, business size.

Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

This announcement will close at 11 AM Hawaii Standard Time on Friday, 17 March 2023. Contact Seaula T.

Pisimaka who can be reached at email Seaula.t.pisimaka.civ@us.navy.mil. All responsible sources may submit a quote which shall be considered by the agency.

All clauses shall be incorporated by reference in the order.

The following FAR & DFARS provision and clauses are applicable to this procurement:

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities NOV 2021 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment NOV 2021 52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or

Equipment NOV 2021 52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment NOV 2021 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services NOV 2021 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services-- Alternate I DEC 2022 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services DEC 2022 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services DEC 2022 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUNE 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation DEC 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023 252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation DEC 2019 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-

-Representation MAY 2021 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. JAN 2023 252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUNE 2013 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION

2020-O0015) MAY 2020

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—

Representation. (DEVIATION 2020-O0015) MAY 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and

Consideration JAN 2023 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JAN 2023 252.244-7000 Subcontracts for Commercial Items JAN 2023 252.247-7023 Transportation of Supplies by Sea--Basic JAN 2023

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter

2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

PERFORMANCE WORK STATEMENT (PWS)

COMMANDER FLEET LOGISTICS CENTER PEARL HARBOR (FLCPH)

LAB EQUIPMENT PREVENTIVE MAINTENANCE SERVICE

1.0 BACKGROUND

1.1 Fleet Logistics Center Pearl Harbor (FLCPH) is one of six regional supply centers providing integrated logistics support to the Navy in six major areas: Material Management, Terminal Services, Contracting, Fuels, Personal Property and Mail.

FLCPH supports 30 home port vessels, 35 shore commands, other DOD activities and the largest employer on the island of Oahu-Pearl Harbor Naval Shipyard. The FLCPH Fuels Department mission is to store, manage and deliver fuels to support the needs of the Pacific Fleet. This includes operating and maintaining infrastructure to support its mission.

2.0 SCOPE/OBJECTIVE

2.1 FLCPH seeks a contractor to perform comprehensive preventative maintenance and calibration services on Alcor USA, Herzog, Lauda Proline, Phase, Lindberg, Antek equipment under its control. All equipment, labor and material to perform the work shall be provided by the contractor.

2.2 Semi-annual preventative maintenance, calibration and certification service is required on the following equipment located at FLCPH Fuels Laboratory, Pearl Harbor, Hawaii:

MFR Model

Number Description Serial Number

Alcor USA JFTOT 230 III Jet Fuel Thermal Oxidation Tester 10I-1054 Alcor USA JFTOT 230 IV Jet Fuel Thermal Oxidation Tester 14C-1462 Herzog HVM 472 Auto Viscometer 034720056 Herzog HVU 482 Viscometer (Low Temperature) 164820164 Herzog HVM 472 Viscometer 194721333 Herzog OptiDist Distillation Unit 05605 Herzog OptiDist Distillation Unit 07380 Herzog OptiDist Distillation Unit 09793

Phase PSA-70Xi Pour, Cloud, and Freeze Point Analyzer 201730657

Phase JFA-70Xi-PC

Jet & Diesel Fuel Analyzer:

Pour, Cloud and Freeze Point, Viscosity, Density 202131096

Antek ElemeNtS Total Elemental Combustion Analyzer NL91010310

Lauda Proline RP 1290 Chiller LBT8251-15-0010 Lindberg BF51766A Box Furnace X08G-354591-NH

3.0 PERFORMANCE REQUIREMENTS

3.1 The Contractor shall perform all necessary tasks described in this PWS. This includes:

a. Performing all Original Equipment Manufacturer’s (OEM) recommended preventative maintenance (PM) procedures, diagnostics and calibrations, to ensure reliable and continuous performance of equipment within tolerances and specifications of the manufacturer. PM includes incidental parts replacement, as required, to maintain equipment operability and performance. The contractor shall submit to the Technical Point-of-Contact (TPOC) a Preventative Maintenance Check list for each instrument serviced no later than five (5) business days after performance via email. Each check list shall be unique to each instrument type.

The following are the OEM recommended PM, diagnostic and calibration procedures:

Alcor

USA

JFTOT III/IV Jet Fuel Thermal Oxidation Tester

Internal/external cleaning as needed, replacement of manufacturer specified maintenance components, power supply within limits for 3.3, 5, 12, 21, 24 and 48VDC, fuel system cleaning, sample/bus-bar thermocouple and circuit zero, heater tube thermocouple two point temperature measurement calibration, check System/Differential(DP) Transducers are zeroed and within limits, DP transducer standardization, system pressure measurement verification, pump flow rate control verification, power level required to control stable at 260C and record final fuel spent volume.

Herzog HVM472/HVM 482 Auto Viscometer

Internal/external cleaning as needed, check Right and Left Baths; level, over temp sensor, heater 1-3 resistance within limits, power supply within limits for 5, 15 and 24VDC, bath temperature measurement circuit calibration, NTC 1-4 within limits, sample management system diagnostics, valve 1-11 operation, vacuum pump operation; solvent pump and air pump operation.

Herzog OptiDist Atmospheric Distillation

Internal/external cleaning as needed, flush and refill cooling system, verify and/or calibrate; volume measurement system, vapor temperature measurement circuit, ambient pressure measurement sensors, power supply within limits for 3.3, 2.5, 5, 12 and 24VDC, system tempering test, verify operation of receiver/exchanger temperature probes, clean/verify and calibrate Optimizer©, align flask/cylinder supports and verification test with secondary working standards. If local safety permits - Verify operation of system safety fire sensor and emergency off button.

Phase PSA-70Xi/70Xi- PC Pour, Cloud and Freeze

Validation and recertification of analyzer calibration. Complete analyzer inspection including purge and pressure delivery system, optics and test chamber, electronics, tubing and connectors Full range of performance checks including cooling system testing, leak tests, pressure control tests, and system diagnostics. Replacement of critical components most prone to wear (purge pumps, o-rings, etc.) Thorough internal cleaning;

replacement of filters and desiccant. Test runs using QC samples and Phase Technology ASTM standards. Review of analyzer performance, test run results, and phase plot analysis Preventive Maintenance Checklist and Proactive Service Recommendations Report

Antek ElemeNts/749 Internal/external cleaning as needed. Check cables, connections, switches, and operation of buttons and LEDs. Check furnace zones. Open, clean and replace O-rings, excitation filters, silver sleeve and UV-Lamp for sulfur detector. Open, clean and replace O-rings, excitation filter, ozone generator, pyro tube, septum, glass elbow, membrane-dryer, particle filter, gas-dryer, tubing, and vacuum pump for nitrogen detector. For the autosampler, check operation, teaching modules, and wash/waste bottles, grease rails, replace syringe and septum.

Conduct and verify final systems check.

Lauda RP 1290 Chiller Verify operating voltage, calibrate temperature sensor/measurement, clean external as needed, clean heat exchanger, verify coolant level and top off as needed

Lindberg BF51766A Box Furnace

Verify operating voltage, calibrate temperature sensor/measurement, clean internal/external as needed

b. Providing telephone and technical service support during the hours identified in section 10.1, Monday through Friday for the duration of the contract.

c. Provide all software and firmware updates

d. Inspecting system operation and verifying operational usage before leaving.

e. Parts, calibration materials, labor and travel expenses are included in the comprehensive preventive maintenance and contract.

3.2 Every year, during the scheduled preventative maintenance service, the contractor shall provide training for up to six (6) people on the proper use, one off calibration, and troubleshooting of one of the seven (7) units listed below. The contractor will be given a minimum of six (6) months’ notice of which one (1) instrument the customer would like training on. NAVSUP FLC JBPHH instrument will be used for training purposes if the Contractor cannot provide a loaner unit. At the completion of the training, attendees shall know how to use the instrument, what the instrument is used for, how to one off calibrate and troubleshoot the instrument, and answers to any user’s questions.

Instruments to choose from to conduct training on:

JFTOT III

JFTOT IV

HVM 472

HVU 482

OptiDist PSA-70Xi JFA-70Xi-PC ElemeNtS

3.3 WORKMANSHIP: The Contractor shall perform all work in a professional manner with skilled personnel that are trained and certified to work on the instruments listed in paragraph 2.2 above.

3.4 REPORTS: The contractor shall deliver a field report, no later than five (5) business days after performance, which shall describe the PM performed, any parts replaced and operational test results of equipment to ensure that equipment is performing within OEM tolerances and specifications. This report may be combined with the PM Check list described in paragraph 3.1 above.

3.5 TRAVEL: Travel up to one (1) trip maximum per year during the contract period is required. All travel shall be in accordance with FAR 31.205-46.

3.6 SERVICE DELIVERY SUMMARY TABLE A

DELIVERY

REQUIREMENT

PWS

PARAGRAPH

NOTES DELIVERY

THRESHOLD

1. Deliver all Preventative Maintenance (PM) check Lists for each instrument serviced no later than five (5) business days after performance via email

Paragraph 3.1 100% - delivery of the PM Check Lists

2. Training Paragraph 3.2 100% - Training attendees complete training with knowledge of what the instrument is used for and how to use the instrument and the ability to one off calibrate and troubleshoot the instrument,

3. Provide a field report after PM is completed no later than five (5) business days after performance

Paragraph 3.4 100% - delivery of the field report

4.0 ADDITIONAL REPAIR WORK

4.1 If additional repair work is necessary to complete the PM, the Contractor shall submit a quote to the Contracting Officer for the additional parts, repairs, and travel (if travel is necessary). After pricing has been determined fair and reasonable a modification to the contract will be issued for the additional work.

4.2 Additional repair work should not exceed two (2) incidences.

5.0 QUALITY ASSURANCE

5.1 The Contractor shall be responsible for implementing and maintaining a Quality Control

Plan (QCP) to ensure that the work performed meets or exceeds contract requirements and results in the correction of potential and actual problems. The QCP shall be implemented on the first day of contract performance and a copy of QCP shall be provided to the TPOC prior to contract performance.

a. The QCP shall outline the Contractor’s plan to ensure the quality of performance requirements as outlined in this PWS. The QCP shall address what will be reviewed and shall outline actions to be taken by the Contractor, should the review(s) identify areas requiring remedial action.

b. The Contractor shall keep records of any inspections and corrective actions taken, as outlined in the QCP and shall make such records available to the TPOC upon request.

5.2 Periodic Progress Meetings: The TPOC and/or other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor’s performance. At these meetings, the TPOC will apprise the Contractor of how the government views the Contractor’s performance and the Contractor will apprise the government of Problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

6.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

6.1 GENERAL: The Government will not provide any material, services, equipment or facilities to the Contractor.

6.2 UTILITIES: The Contractor may utilize existing facility electrical outlets to perform work. However, the Contractor shall be responsible for any damages that may result from the operation of Contractor’s equipment.

6.3 RECORDS, DOCUMENTS AND WORK PAPERS: The government will not provide technical information, technical reference manual and/or drawings of systems or equipment.

7.0 CONTRACTOR QUALIFICATIONS/REQUIREMENTS:

7.1 In accordance with current Department of Defense and Homeland Security requirements, performance of all work under this contract is restricted to US Citizens and US Nationals only. The Contractor shall provide proof of this requirement upon request of the TPOC.

7.3 Security Requirements: This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Should contractor personnel receive or suspect they have learned of classification information beyond their level of clearance, the Contractor shall identify and immediately report suspicions to the TPOC.

7.4 Confidentiality: This project, all materials provided to the Contractor by the Government, test results, conclusions, and recommendations obtained thereof from the Contractor shall be considered Government property. The information shall not be disclosed, copied, modified, used (except to fulfill contract requirements) or otherwise disseminated to any other person or entity at any time to include, but not limited to, inclusion in any database external to the Government without the Government’s express consent.

8.0 OTHER REQUIREMENTS:

8.1 The Contractor shall furnish experienced personnel to perform all work specified within this PWS. The Contractor is required to comply with Public Law 105-270, Section 5 (2) (A). This law states that contractors will not perform inherently governmental functions.

Section 5(2)(A) of this Public Law defines the term “inherently governmental function” as “a function that is so intimately related to the public interest as to require performance by Federal Government Employees.” Per Section 5 (2)(B), inherently governmental functions include management of Government programs requiring value judgments, conduct of foreign relations, selection of program priorities, and the direction of intelligence and counter-intelligence operations. Per Section 5(2) (C), inherent governmental functions DO NOT include (i) gathering information for or providing advice, opinion, recommendations, or ideas to Federal Government officials; or (ii) any function that is primarily ministerial and internal in nature.”

8.2 When performing work associated with this PWS, the Contractor personnel shall make clear to all individuals they deal with that they are Contractor employees and not DoD employees.

8.3 The Contractor shall not manage, supervise or task DoD civilian employees or military personnel while performing the tasks within this PWS. The Contractor shall not make any commitment to non-DoD personnel which commit the expenditure of US Government resources.

8.4 All Contract personnel shall be clearly identified (i.e. company shirt, pin, visible company ID, etc.) in a visible location s to who their employer is.

8.5 The Contractor shall not establish an employee-employer relation with FLCPH and shall not provide personnel services to FLCPH under this PWS.

8.6 Base Access: All contractors, suppliers, and vendors who wish to have base access to Joint Base Pearl Harbor-Hickam (JBPHH) must have a Defense Bio-metric Identification System (DBIDS) credential. DBIDS is a force protection program designed to manage personnel, property and installation access. The Nimitz Pass & ID office is open 24 hours, seven days a week to accommodate DBIDS requests and is located at 1250 South Drive, Bldg. 3455, outside Nimitz Gate. Contractors and vendors may retrieve fillable forms from www.cnic.navy.mil/om/dbids.html.

All new contractors, vendors, and suppliers will be required to obtain a DBIDS credential. There is no cost to obtain a DBIDS credential.

For more information on DBIDS, visit www.cnic.navy.mil/om/dbids.html. For updates, visit JBPHH Facebook or www.cnic.navy.mil/pearlharbor-hickam, or 449-0865.

9.0 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (July 2013) 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.

9.1 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 by DON 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.

9.2 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 Navy Command’s Security 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.

9.3 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) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts 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 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 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.

9.4 INTERIM ACCESS

The Navy 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.

9.5 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.

9.6 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.

9.7 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. Navy recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work requires 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 by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC 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 Navy Command’s Security 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. 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 Navy Command Security Manager. The Navy Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy 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 Navy 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 DON 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.

9.8 BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY

APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING

NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

• Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

• Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

• SF-85 Questionnaire for Non-Sensitive Positions

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

• Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM

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.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

10.0 PLACE OF PERFORMANCE:

300 Neches Avenue, FLCPH Fuels Department Laboratory, Joint Base Pearl Harbor Hickam, Oahu, Hawaii 96860.

10.1 Work Hours: Monday through Fridays, excluding Federal Holidays between the hours of 7:30 A.M. to 4:00 P.M. daily. Access to the FLCPH Fuels Department Laboratory, Pearl Harbor shall be during normal working hours. No access is available after hours or weekends/holidays.

10.2 Federal Holidays:

New Year’s Day 1st of January New Year’s Day (in lieu) Jan 02 Dr. Martin Luther King’s Birthday Jan 16, 3rd Monday in January President’s Day Feb 20, 3rd Monday in February Memorial Day May 29, Last Monday in May Juneteenth Jun 19 Independence Day 4th of July Labor Day Sep 04, 1st Monday in September Columbus Day Oct 09, 2nd Monday in October Veteran’s Day 11th of November, Saturday Veteran’s Day (in lieu) Nov 10, Friday Thanksgiving Day Nov 23, 4th Thursday in November Christmas Day 25 Dec

11.0 PERIOD OF PERFORMANCE:

12 months from time of award.

12.0 POINTS OF CONTACT:

TECHNICAL POC: Benjamin Fegurgur, Supervisory Chemist, (808) 473-7989; email:

benjamin.p.fegurgur.civ@us.navy.mil