COMBINED SYNOPSIS- NHHC Exhibit Mount .pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial products, prepared in accordance with the information in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and

FAR Part 13, Simplified Acquisition Procedures 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 SAM.gov.

The reference number is N0018924Q0574. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-2 and DFARS Publication Notice 20230525. 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/browse/index/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

The NAICS code is 339999 and the Small Business Standard is 550 employees. The proposed contract is for fabrication and installation of an exhibit mount product on behalf of the U.S. Naval Undersea Museum (USNUM) at

Keyport, WA for which the Government intends to solicit and award a Firm-Fixed-Price (FFP) contract to the quoter that is most advantageous to the Government. This proposed acquisition is being solicited on a sole source basis to

Kuehnert Consulting LLC. See attached supporting documents for more information.

Performance Work Statement

U.S. Naval Undersea Museum

1 Garnett Way

Keyport, WA 98345

MK V Diving Dress Exhibit Mount Fabrication

Purpose:

This Performance Work Statement (PWS) establishes and sets forth tasks and identifies work that shall be performed by the Contractor for the exhibition of artifacts for the U.S. Naval Undersea Museum (USNUM) in

Keyport, WA. This PWS authorizes the fabrication of an exhibit mount for artifacts within the museum collection.

The artifacts are located at the U.S. Naval Undersea Museum, and while this project is expected to be done both on and off site, the artifacts will remain on site. All questions that arise during the treatment process that are not covered in this PWS, or other documentation attached to this contract, shall be directed to the museum’s collections manager for review and approval. Upon completion of fabrication the USNUM Collections Manager shall be notified for installation, final inspection, and acceptance.

Scope:

USNUM seeks the fabrication and installation of an exhibit mount system for a full MK V diving suit, including helmet, breastplate, dress, gloves, boots, knife, and associated hoses. This shall be a multi-part system of connected mounts [herein referred to as the Mount], supporting the internal structure of the suit and its accessories listed above.

The Mount shall take into special consideration the unique design of the MK V diving dress, with access only at the neckline, and the heavy weight of the MK V helmet (60lbs).

The Mount and artifact shall be displayed in a fixed floor case enclosure provided by the museum, that shall be completed and off-gassed prior to installation.

The Contractor shall conform to the scope and approach of the project as identified in this PWS. The collections manager must approve all materials and processes being used, and any deviations from this plan. The contractor shall not remove any portions of or cut into the artifacts as part of this project.

The contractor must comply with applicable federal, state and local safety regulations. The Contractor shall adhere to the professional standards of the International Mountmaking Community (mountmakersforum.net). The

Contractor is responsible for obtaining all materials needed to complete this project. The government shall furnish only the artifacts intended for display and the case’s floor and wall blocking. The contractor is responsible for the cleanup and removal of all materials and waste from the site.

The Contractor shall submit documentation of work performed and materials used.

Requirements:

In fulfilling the specified requirements, the Contractor shall fabricate the Mount to meet the following display parameter:

The dive suit is intended to be displayed in a standing position with the arms hanging naturally at the sides, in front of a gallery wall that shall be used to hold the suit upright and prevent excessive movement should a seismic event occur. The gloves, boots, weight belt, and knife shall be displayed as if being worn by the diver. The entire display must fit within the museum-provided area. The Mount shall include hardware for attachment to the wall.

The Mount shall meet the challenges of the dive suit, supporting the substantial weight of the helmet and breastplate while maintaining the effect of there being a human inside of the suit, and fabricating a mount when the only opening in the diving dress is at the neckline. As this is a long-term installation, the Mount shall mitigate permanent deformation to any of the elements of the diving suit by fully supporting their weight and shall only use materials deemed appropriate for museum collections based on Oddy testing (https://www.conservation-wiki.com/wiki/Materials_Testing_Results).

Contract Installations:

1. When Contractor test fits the Mount. Contractor arranges with museum collections manager to test fit the Mount on-site. Upon successful test fit, partial payment may be released.

2. When Contractor installs the Mount in exhibit galley, meeting evaluation standards, and provides list of supplies used, remaining partial payment may be released.

Period of performance for the contract:

Start date: The museum will be available to the contractor on the date of contract award.

Desired delivery date: Installation of the Mount is anticipated by May 2025.

Contractor qualifications:

The successful contractor must have documented experience in museum mount fabrication at AAM accredited museums, specifically with large and heavy artifacts.

Performance Location:

U.S. Naval Undersea Museum, 1 Garnett Way, Keyport, Washington 98345

Work Site:

Collections Storage Area of the U.S. Naval Undersea Museum, Keyport, WA. As this area is a restricted space, contractor will be escorted at all times by museum staff.

Work Hours:

Monday-Friday, 7:30 am to 4:30 pm.

Government-furnished equipment:

The Government will not furnish any equipment or products. The contractor will furnish all equipment. The

Government will only furnish access to the artifacts and case blocking. The vendor will not require any access to government IT equipment, and will be escorted at all times while working onsite on this contract.

Travel expenses:

The bid should include cost of freight, rental, and travel expenses.

Inability to meet deadline:

The contractor shall notify the Collections Manager and the NHHC COR a minimum of two weeks in advance if unable to meet the contracted period of performance.

Payment:

All payment requests shall be submitted via electronic invoicing through Wide Area Work Flow. Partial payments will be allowed. Payments will be authorized when each installation, as described above, has been completed, inspected, and deemed satisfactory by the museum’s Collections Manager.

Evaluation standards:

The Mount must be completed in accordance with the above proposal to the satisfaction of the museum Collections

Manager. Any adjustments must be approved in advance by the museum’s Collections Manager. The Contractor must remove all worksite materials and debris from the worksite.

Documentation of materials used must be submitted to USNUM Collections Manager.

Technical Points of Contact:

Beth Sanders

Collections Manager

360-315-1179 beth.a.sanders5.civ@us.navy.mil

Alternate POC:

Lorraine Scott

Collections Manager

360-396-5806

Quotes shall be submitted to Claudette Jones at Claudette.j.jones.civ@us.navy.mil no later than 8:00am EST

September 9th, 2024. Quote submissions received after the stated submission deadline may not be considered for award.

All responsible small business sources may submit a quote, which shall be considered by the agency. A determination has been made by the Government to compete this proposed effort as a total small business set aside, based upon responses to this notice, this determination is solely within the discretion of the Government. Oral communications are not acceptable in response to this notice. Procedures in FAR Subpart 12.6, Streamlined

Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13 Simplified Acquisition

Procedures are applicable to this procurement. While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors- price and, if necessary, past performance.

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) showing any and all materials and labor, FOB destination, a point of contact, name and phone number, business size, and payment terms. The quote shall explicitly confirm that the quoter can meet all of the Technical Requirements and provide all of the Deliverables for the period of performance specified above.

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

ADDENDUMS:

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items” and any other instructions contained elsewhere in this solicitation, the following instructions are provided. The Government intends to award a Firm

Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Subpart 12.6, Streamlined

Procedures for Evaluation and Solicitation of Commercial Items and FAR Part 13, Simplified Acquisition

Procedures. Award will be made to the quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial quotes. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a Non-Price and

Price standpoint.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

(1) Quote shall be submitted electronically no later than the due date of the solicitation Quote shall include the following legend on each page:

Source Selection Information

FAR 2.101 and FAR 3.104

QUOTE CONTENT:

The Quote should contain the following items in addition to other information required by this solicitation. The cover page should indicate the following:

• Solicitation Number

• Name and Address of Quoter, and Cage Code

• Point of Contact name, telephone number, and email address

• Quote valid of 120 days following the solicitation closing date

Price

No partial bids or additional items will be accepted. Failure to quote all CLINs or add additional items will result in ineligibility for award. In order to assist in the contracting officer’s price analysis, additional price information may be required and may consist of copies of applicable published price lists with effective dates, catalog pages of products, evidence of discounts off the published price lists, historical price/sales information supported by copies of paid invoices OR price breakdown of all cost elements.

The price submission is not page limited but is strictly limited to price information.

(End of Text)

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION – COMMERCIAL ITEMS:

a) The Government will award a FFP order resulting from this solicitation to the responsible Quoter whose offer conforming to the solicitation will be most advantageous to the Government, technical, price and other factors considered. The Government will be utilizing FAR part 12 and FAR part 8.4 procedures. The following factors shall be used to evaluate offers:

Technical and Price

In order to be considered Acceptable, quoters must receive an acceptable rating for Factor I in its entirety.

Unacceptable technical rating will not be further evaluated and will not be considered for award.

Factor 1 – Technical

Rating Description

Acceptable Quote meets the requirements of the solicitation

Unacceptable Quote does not meet the requirement of the solicitation

The rating table above will be used to determine the technical capability of the quoter.

Factor II – Price

The quoters quoted price will be evaluated on the basis of price reasonableness in accordance with FAR 15.404-

1(b)(2).

The evaluation may include, but is not limited to the following:

A. Price comparison with other quoters;

B. Comparison with independent government estimates

By submitting a quote, the quoter affirms that they are capable of performing and completing the work described in the Solicitation.

The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

The Government intends to award a firm-fixed priced purchase order to the responsible quoter whose quote represents the best value after evaluation in accordance with the factors in the solicitation.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.247-34 F.O.B. Destination NOV 1991

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7048 Export-Controlled Items JUN 2013

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) 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

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF

WORK/PERFORMANCE WORK STATEMENT.

NAVSUP ___FLC Norfolk________ may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the

Government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial

Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel in order to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non-Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.

Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the

Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the

AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP __FLC Norfolk______ contract.

(1) SUPTXT204-9400(4-22) CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED

FACILITIES, SENSITIVE INFORMATION, INFORMATION TECHNOLOGY (IT) SYSTEMS OR

PROTECTED HEALTH INFORMATION

The security text does not apply in cases where the contractor/vendor does not have access to Navy Marine Corps

Intranet (NMCI) computers, is not issued a Common Access Card (CAC) and is involved in training or other short term duties of less than 30 days duration that allow for the use of a visitor request. In these cases, the government employee must submit a Visitor Access Request (VAR) to the main gate or applicable processing entity for your facility and assume responsibility to escort those without CAC Credentials.

This local text does not apply to non-United States (U.S.) Nationals (foreign nationals) who are contactor employees performing work overseas. This text is applicable to the U.S. Nationals living in the U.S. or overseas who are performing work on a Navy contract.

The investigation of a non-U.S. national at a foreign location must be consistent with a National Agency Check with

Written Inquiries (NACI), to the extent possible and include a fingerprint check against the Federal Bureau of

Investigation (FBI) criminal history database, an FBI investigations file (name check) search and a name check against the terrorist screening database. Also, the above cited reference notes that Foreign Nationals may not be granted CAC credentials until completion of their investigation and not in the interim.

Per Department of Defense Memorandum (DoDM) 5200.2, Department of Defense (DoD) components must initiate and ensure completion of a background investigation before applying the credentialing standards to a non-U.S.

national at a foreign location. The background investigation must be favorably adjudicated before a CAC can be issued to a non-U.S. national at a foreign location. The type of background investigation may vary based on standing reciprocity treaties concerning identity assurance and information exchanges that exist between the U.S. and its allies or agency agreements with the host country.

CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE

INFORMATION, IT SYSTEMS OR PROTECTED HEALTH INFORMATION

Executive Order 13467, Reforming Processes Related to Suitability for Government Employee, Fitness for

Contractor Employees and Eligibility for Access to Classified National Security Information, Homeland Security

Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The 5 CFR 32 Part 157 in concert with DoD Manual 1000.13, Vol

1, implements the Federal Standards.

APPLICABILITY

This text applies to all DoD sponsored individuals who require CAC eligibility (or login and P/W if acceptable per contract) for: Physical access to DoD facilities or non-DoD facilities on behalf of DoD; Logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication, or access to sensitive and protected information. This applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint

Staff, the Combatant Commands, the Office of the Inspector General of the DoD, the Defense Agencies, the DoD

Field Activities and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD

Components").

Each contractor employee providing services at a Navy command under this contract is required to obtain a 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

Definition. As used in this clause - Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department, or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (see 10

U.S.C. 2801(c)(4)).

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 (CSM) upon arrival to the command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

Training. Contractor employees who require routine physical access to a Federally controlled facility or military installation shall complete “Level I Antiterrorism Awareness Training” prior to gaining access to a facility and annually thereafter in accordance with DoDI O-2000.16 Vol. 1. In accordance with Department of Defense

Instruction O-2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I

Antiterrorism Awareness Training shall be completed by:

1. Completion of “Level I Antiterrorism Awareness Training” available at https://jkodirect.jten.mil/pdf/atl1/launch.html; or

2. Under the instruction of a qualified Level I Antiterrorism Awareness instructor; or

3. By providing a training certificate for “Level I Antiterrorism Awareness Training” training showing completion within the last calendar year.

The contractor will submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, prior to being granted access to a

Federally controlled facility or military installation.

Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts, including subcontracts for commercial items, when subcontractor performance requires routine physical access to a

Federally-controlled facility or military installation.

OPERATION SECURITY (OPSEC)

It is DoD policy according to DoD Directive 5205.02E, “DoD Operations Security (OPSEC) Program,” June 20, 2012, as amended to establish and maintain OPSEC programs to ensure national security-related missions and functions are protected.

Training: Contractor employees shall comply with all DoD OPSEC requirements and complete “OPSEC Awareness for Military Members, DoD Employees and Contractor” training within 30 days of onboarding the contract and annual refresher training thereafter. Training shall be completed through a DoD sponsored and certified computer or web-based learning instruction available at https://securityawareness.usalearning.gov/opsec/index.htm.

The contractor will submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after training is completed by all employees and subcontractor personnel.

START-UP PERIOD

All contractor resource onboarding documents must be submitted via the prime contractor. The prime contractor shall make all necessary preparations to assume full responsibility for productive performance as of the performance start date.

Definition of "productive":

a. OF-306 signed by contractor employee

b. FD-258 Fingerprint Card (Contingent upon availability of electronic fingerprinting submission)

c. Completed Electronic Investigation (e-QIP)

d. All contractor employees with need for a Common Access Card (CAC) must have an active Defense Information

System for Security (DISS) profile.

e. Common Access Card (CAC)

f. DISS Visit Request submitted (Contingent upon classification of work being performed, Confidential, Secret, Top

Secret).

Note (1): Invoicing by the contractor will begin as of the commencement of the performance period of services and no reimbursement will be paid by the government for efforts expended during the start-up period.

Note (2): Foreign Nationals are not allowed access to the functional/system side of Enterprise Resource Planning

(ERP).

ACCESS TO DOD INFORMATION TECHNOLOGY (IT) SYSTEM

In accordance with DON CIO Memorandum (IT LEVEL DESIGNATION ON DD FORM 2875 SYSTEM

AUTHORIZATION ACCESS REQUEST) 08 September 2020, contractor employees who require access to

Department of the Navy (DoN) or DoD networks are categorized as Privileged, Enhanced, or Authorized users. All user level accesses may include positions which require access to Controlled Unclassified Information (CUI). CUI includes sensitive information protected under the Privacy Act, to include Protected Health Information (PHI). IT

System levels are determined by the requiring activity's Command Information System Security Manager

(ISSM)/Information Assurance Manager (IAM).

Contractor employees requiring privileged access, (when specified by the terms of the contract) require a Tier 5 (T5) or T5R equivalent investigation, which is a higher level investigation than the Tier 3 (T3) and 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 (IA) Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Contractors requiring Enhanced access, (when specified by the terms of the contract) require a T3, T3R, or equivalent investigation, which is a higher level investigation than the Tier 1 (T1) described below. Due to the enhanced system access, an investigation suitable for Moderate Risk national security positions is required.

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 CSM and ISSM/IAM 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 IT 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 Contracting Officers Representative (COR) shall sign the SAAR-N as the supervisor.

The SAAR-N shall be forwarded to the CSM upon contractor employee acquiring a Common Access Card (CAC) credential. Failure to obtain a CAC credential 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 contractor employees requiring access complete annual Cyber Awareness training, and maintain a current requisite background investigation. The contractor's security representative shall contact the CSM for guidance when reinvestigations are required.

INTERIM ACCESS

The CSM 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.

ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION

Safeguarding sensitive unclassified information is critical to achieve NAVSUP Modernization efforts and deliver cutting-edge and uncompromised capabilities. The Secretary of Defense’s operations security (OPSEC) campaign plan stresses the importance of protecting controlled unclassified information (CUI). CUI encompasses OPSEC, critical technology, intelligence, and personally identifiable information that, if not properly identified, marked, and controlled, could impair NAVSUP’s ability to conduct its mission. Contractor employees with access to Controlled

Unclassified Information (CUI) shall comply with DoDI 5200.48 - Controlled Unclassified Information (CUI) and complete DoD approved initial and annual refresher CUI training.

a. Whenever Government provides CUI to, or CUI is generated by, non-DoD entities, all CUI records must be handled as required by the approved mandatory disposition authority.

b. All CUI records must follow the approved mandatory disposition authority whenever the Government provides CUI to, or CUI is generated by, non-DoD entities in accordance with Section 1220-1236 of Title

36, CFR, Section 3301a of Title 44, U.S.C., and the DoDI 5200.48.

c. Contractor employees shall monitor CUI aggregation and compilation based on the potential to generate classified information pursuant to security classification guidance addressing the accumulation of unclassified data or information.

d. Contractor employees shall submit unclassified government information for review and approval for release in accordance with the Standard DoD Component Processes, DoDI 5230.09, and DoDM 5205.07, Volume 1.

CONTRACTOR'S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the contractor's security representative. Within three (3) 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 CSM.

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. If the Security Office validates the contractor’s position is Non-Critical

Sensitive or if the IT system user level is determined to be Enhanced, at a minimum, each contractor employee must be a US citizen and have a favorably completed T3, T3R, or equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or Enhanced position. The investigation consists of a standard National Agency Check and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or Enhanced position is required to complete:

• SF-86 Questionnaire for National Security Positions (or equivalent Office of Personnel Management

(OPM) investigative product)

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

• Original Signed Release Statements

Failure to provide the required documentation at least thirty (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 ten (10) years) throughout the contract performance period. The

Contractor’s Security Representative shall contact the CSM for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the CSM 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 ISSM/IAM. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy IT resources. The SAAR-N shall be forwarded to the CSM upon the contractor employee acquiring a Common Access Card (CAC) credential. Failure to obtain a CAC credential or provide the required documentation 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

Cyber Awareness training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the CSM. The CSM will review the submitted documentation for completeness prior to submitting it to the 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 CSM 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.

For classified contracts, if the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Access Request (VAR) via the Defense Information Security System (DISS). If the contractor employee does not have a current favorably adjudicated investigation, the contractor shall submit the

Visit Access Request in DISS until the contractor employee has at a minimum an interim clearance. If the contract only requires access to unclassified information, even if the contractor takes a DISS “owning” role over the contractor employee, the Navy Command will also take a DISS “owning” role over the contractor employee during the hiring process and for the duration of assignment under that contract. If the contract requires access to classified information, the contractor’s Facility Security Office (FSO) will take a DISS “ownership” role and the Navy command will take a DISS “servicing” role during the hiring process and the duration of assignment under that contract. All VARs 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 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 U.S. citizen or a U.S. permanent resident with a minimum of 3 years of legal residency in the U.S. (as required by the Deputy Secretary of Defense DTM 08-006 or its subsequent DoD Instruction

(INST)) and

• Must have a favorably completed NACI or T1 investigation or equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the CSR must submit for all employees each of the following:

• SF-85 Questionnaire for Non-Sensitive Positions

• Two FD-258 Applicant Fingerprint Cards (or the preferred method - electronic fingerprint submission)

• Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed NACI or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

Failure to provide the required documentation at least thirty (30) days prior to the individual's start date may result in delaying the individual's start date.

THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF

WORK/PERFORMANCE WORK STATEMENT.

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the

Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

***To be filled out at time of award***

NAME: ______________________

ADDRESS: __________________

TELEPHONE: ________________

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and

10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable…