Draft - 9-04-25 - PWS Linguist TCU.pdf

DRAFT - PERFORMANCE WORK STATEMENT (PWS)

Naval Criminal Investigative Services (NCIS) Transnational Crimes Unit (TCU) Linguistic Support

Background: The Naval Criminal Investigative Service (NCIS) is a federal law enforcement agency charged with conducting investigations of felony-level offenses affecting the Navy and Marine Corps. The NCIS Middle East Field Office (MEFO) Transnational Crimes Unit (TCU) is comprised of five Special Agents and one Supervisory Special Agent. Through a self-sustained, agile and rapidly deployable cadre of agents, TCU supports maritime interdicts of dhows transiting the Indian Ocean smuggling illicit cargo. Linguist support is integral to the success and furtherance of the mission of the NCIS MEFO TCU located in the Kingdom of Bahrain. TCU maintains a proactive operation in support of U.S. Naval Central Command (USNAVCENT), Combined Maritime Forces (CMF), Combined Task Force (CTF)-150, and maritime security operations in an effort to counter illicit cargo smuggling to include narcotics and weapons.

Acting as Law Enforcement Advisors, TCU agents provide law enforcement investigative and operational support to the U.S. and CMF assets conducting maritime security operations and supporting the facilitation of maritime interdictions of vessels trafficking illicit cargo throughout the NCIS Middle East Field Office (MEFO), U.S. Central Command (CENTCOM) and U.S.

Africa Command (AFRICOM) Area of Responsibility (AOR). This operation also facilitates Law Enforcement information exchanges with U.S. and CMF naval assets focusing on maritime security operations and criminal intelligence collection.

Description of Services/Introduction: This proposed acquisition is to obtain Balouch (Balochi)/Urdu linguistic services to support the NCIS TCU mission and operational requirements in Bahrain and other countries within the TCU Area of Responsibility (AOR). The missions TCU supports are often short fused with limited notice to coordinate and plan, and may require a short fused response time. These missions range from deployments aboard coalition warships, to travel to partner nations to assist with interdictions and Subject Matter Exchanges (SME). Linguistic support is integral to TCU mission operations and continued success.

Linguists who support this operation are critical to mission success and enabling TCU personnel to communicate with the masters and crews of the interdicted Dhows, translate documents and various items located, as well as other sensitive tactics, techniques and procedures utilized in mission success.

Scope: TCU requires Category Two (Cat 2) Certified Linguists with Balouch (Balochi) and Urdu language capabilities who can flex with new missions and assignments at short notice (i.e., within hours of notification of new mission needs) in order to sustain, maintain, and ensure mission success for the NCIS TCU. Linguistic services include Title III translation/ Transcription Services including translator/transcriber, interpreter and monitor/linguist/transcriber to enhance TCU’s ability to operate effectively and safely while conducting a variety of missions. Linguist support will include the translation of any forms of communications to include both verbal and written from target language to English and vice versa. Workload is estimated to require a total of two (2) full-time equivalents (FTE) to support the TCU. Linguists must be qualified DoN equivalent to a 3rd Class Swimmer, however, a 2nd class is preferred. Additionally, they must be able to successfully complete US Coast Guard maritime vessel boarding training and water survival equipment skills assessment testing (provided on location).

DEFINITIONS AND ACRONYMS:

DEFINITIONS:

CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations.

This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

ACRONYMS:

ACOR Alternate Contracting Officer's Representative CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative DBA Defense Base Act DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation KO Contracting Officer OCONUS Outside Continental United States (includes Alaska and Hawaii) PWS Performance Work Statement

TCU Transnational Crime Unit

Performance Requirements/Tasks:

1. The Contractor shall provide on-site (Government facilities) Title III translation/ Transcription Services including translator/transcriber, interpreter and monitor/linguist/transcriber for Balouch (Balochi)/Urdu languages.

2. The contractor shall provide Category 2 linguists/translators who possess a valid SECRET level clearance and are certified and validated as fluent/proficient in Balouch (Balochi)/Urdu languages. The linguists/translators shall possess an Interagency Language Roundtable (ILR) proficiency of ILR 3.

3. The contractor shall have experience in translating written material and interpreting speech from one language to another.

4. The contractor shall translate and interpret conversations derived from face to face interactions.

5. The contractor shall translate or transcribe any verbal or written documentation as necessary and in an approved format for the COR.

6. The contractor shall provide Linguistic personnel who are available and can maintain on-call availability and be able to respond to short fuse missions or taskers.

7. The Contractor shall furnish all necessary supplies, equipment, Personal Protective Equipment (PPE), and services required to perform the work under this contract for each contractor. PPE includes the MATBOCK Berserker Swim Plate Carrier with air bladders and a pair of Pro MUSTANG water wings.

8. The contractor shall ensure the linguists possess and maintains valid passports, visas, and any other required documents that may be needed to travel in and out of the Kingdom of Bahrain and any other countries within the TCU AOR during the entire contract performance period.

9. The contractor shall ensure the linguists have the appropriate medical evaluation to deploy and language testing level required by NCIS to conduct mission requirements.

The Contractor shall ensure the linguist meet all countr(ies) requirements for working or residing in the MEFO TCU AOR including travel documents, insurance and vaccinations.

10. There are no age or gender restrictions. However, due to the type of missions routinely executed by TCU, linguists should be physically capable of sitting, standing, climbing and some level of physical exertion for extend periods of time with limited to no assistance. The linguist should be physically fit to climb aboard vessels, walk on board vessels and transfer themselves to and from various modes of transportations. The linguists must be qualified DoN equivalent to a 3rd Class Swimmer, however, a 2nd class is preferred. Additionally, they must be able to successfully complete US Coast Guard maritime vessel boarding training and water survival equipment skills assessment testing (provided on location). Ship boardings are uncontested and done by partner nation boarding teams. TCU members and partner nation boarding teams will provide additional training prior to operations. The linguists should be able to travel in and out of the Kingdom of Bahrain when the operational need arises without delay or hindrance at points of entry.

Special Qualifications:

1. Contractor shall adhere to the policies and procedures of the Defense Base Act (DBA) for all personnel providing support for this effort. Contractor proof of DBA insurance shall be made available to the Government upon request.

2. During the performance period of the contract, contractor personnel shall be physically located within the Kingdom of Bahrain no more than 30 miles from MEFO TCU offices located on board Naval Support Activity (NSA) Bahrain.

3. Contractor support shall be reachable via telephone to respond to TCU offices or deploy for mission support.

4. Equipment: there are no pre-determined government furnished items or services provided, although based on mission requirements, equipment may be provided at the mission point as needed (e.g., personal floatation devices).

5. The linguist must have knowledge of the TCU’s mission and requirements; possess a SECRET level security clearance; and have operational experience performing in the Middle East, Africa or CENTCOM AOR. No minimum amount of operational experience is required.

Contractor Responsibilities:

Contract Management: The contractor shall designate a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the COR. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. All contract 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. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

Linguistic Services (FFP CLIN): With the exception of travel chargeable to the travel CLIN(s) in Schedule B (and addressed below), the Contractor’s linguistic services costs shall include all allowable costs (as determined in accordance with FAR Part 31) associated with performance of the tasking efforts (including DBA insurance), both pre- and post-arrival of contractor personnel in-country, as detailed in this contract, unless otherwise precluded herein. Please note that the Government will not provide for housing, PPE, or transportation for Contractor personnel. This is the responsibility of the Contractor and should be accounted for in the FFP CLIN(s).

However, note that per diem costs are only allowable for travel conducted under the Travel CLIN(s).

Travel (Cost CLIN): Contractor personnel will be required to travel in and around the Middle East, Africa or CENTCOM AOR. The contractor linguists will be expected to travel to locations in support of the TCU mission as described in this PWS. The linguist will need to have and maintain the appropriate documents such as passports and visas that will allow them to travel in and out of the Kingdom of Bahrain and in and out of countries within TCU’s AOR.

The contractor linguists will be expected to make their own travel arrangements. In accordance with Federal Acquisition Regulation (FAR) 31.205-46, travel costs are to be reimbursed at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals, and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint Travel Regulation (JTR), and Standards Regulations, Section 925, as applicable. All travel shall be approved by the COR. All invoices for travel reimbursement shall be accompanied by supporting receipts and be charged under the applicable travel CLIN in Schedule B.

Quality

Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor’s Quality Control Plan (QCP) shall be delivered to the COR within 30 days after date of contract award and evaluated with an after action report within 10 business days following each deployment mission. The evaluation shall be based on conduct in operations and translation. After acceptance of the quality control plan the contractor shall receive the COR’s acceptance in writing of any proposed change to the

QCP.

Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Deliverables

This section refers to a deliverable produced by the contractor as a result of the work performed as detailed in the Performance Requirements section above. These documents shall be provided in a Microsoft Office compatible format as mutually agreed to between the Contractor and the

Government and will be submitted electronically. The Deliverables shall be submitted to the COR. The Performance Requirements Deliverable Summary is below.

Deliverable Frequency Monthly Status Reports The contractor shall provide this report within

20 business days following completion of each prior month of performance

Documentation- After action reports, logs, records, files, written notes that are produced and/or maintained in performing contracted functions

The contractor shall provide this information within 10 business days of the conclusion of each mission.

Trip Reports Trip reports shall be submitted within seven (7) business days of the completion of each trip.

1. Monthly Status Report (MSR). The Monthly Status Report (MSR) is to be prepared by the contractor in contractor format as approved by the COR. The MSR is designed to provide a comprehensive review and analysis of cost, schedule and technical performance of the contract. The MSR report data is used by the COR to evaluate task performance and deliverables provided, to identify the magnitude and impact of actual and potential problem areas which could cause cost or schedule variances from plan, and to provide, valid, timely and auditable task information.

2. Documentation- After action reports, logs, records, files, written notes that are produced and/or maintained in performing contracted functions. Must ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

3. Trip Reports: Trip reports shall be submitted within seven (7) business days of the completion of each trip. At a minimum, these reports shall include the following: the named traveler, the purpose of the trip, destination, dates travelled, organizations and/or persons contacted, synopsis of the results, actual costs associated with the trip, and a list of action items with associated assignments.

Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, if any, and provide site entry of Contractor personnel. A letter of appointment issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the contract.

Quality Assurance Surveillance Plan (QASP):

The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to, random or planned sampling, periodic inspection, and validated customer complaints. Performance will be measured in accordance with the QASP (included as attachment hereto).

Security Requirements:

Contractor personnel performing work under this contract must possess a valid SECRET clearance at time of the quote submission, and must maintain the level of security required for the life of the contract. Security clearances must be properly adjudicated by the DoD CAF who has adjudication authority. NCIS does not have adjudication authority. There is no reciprocity.

The Contractor shall pre-screen all persons proposed for work under this contract for suitability.

To facilitate this process, the Contractor shall designate a Security Officer (and an alternate in case of primary Security Officer’s absence) with the authority and responsibility for performing personnel security screening to the maximum extent practical. At a minimum, pre-screening shall include, but not be limited to, verification of current home address, phone number, and prior work experience.

Other duties shall include, but not be limited to, the following: ensuring that all security forms are filled out correctly and completely and that only cleared employees are authorized access to work sites.

The Contractor’s Security Officer shall make every effort to prevent unnecessary cost to the Government by pre-screening all applicants to ensure that all personnel furnished are reliable and of reputable background and sound character.

The security requirements are in accordance with the attached DD 254.

Physical Security- Depending on each mission requirement, the contractor shall be responsible for safeguarding all government equipment, information and property if provided for contractor use.

Period of Performance: The performance period shall be for a base period of twelve (12) months and one (1) twelve (12) month option year starting 09 January 2026. The base period of performance is expected to begin no later than 60 days after date of contract award.

Base/Option Year Period of Performance Base Year 09 January 2026 through 08 January 2027 Option Year I 09 January 2027 through 08 January 2028

Place of Performance: Contractor efforts will support the facilitation of maritime interdictions of vessels trafficking illicit cargo throughout the NCIS Middle East Field Office (MEFO), U.S.

Central Command (CENTCOM) and U.S. Africa Command (AFRICOM) AORs. As such, the work to be performed under this contract will be performed at various locations within the coverage AOR and surrounding areas. Linguists who support this operation are critical to enable TCU personnel to communicate with the masters and crews of the interdicted Dhows. Linguists are needed to travel with agents to various locations within the area of responsibility (AOR) to assist with interdictions of dhows by foreign partners. Historically, linguists have supported NCIS aboard U.S. Naval vessels at sea approximately 15% annually. However, there is no planned or fixed time for linguist to be aboard U.S. Naval vessels as services will be determined on an “as needed” basis.

Recognized Holidays: The contractor will be required to perform in accordance with schedule missions, regardless or irrespective of U.S. or host nation holidays including:

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

Hours of Operation: The contractor is responsible for conducting business, as needed, based on mission requirements. In TCU’s operational AOR the work schedule is typically a 5-day work week of 12 hours regular time/on-call status (Sunday through Thursday) but they are not limited to a set schedule for days of week or hours in the day. As such, the Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

Periodic Progress Meetings: The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer 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 and may be conducted via telephone or teleconference.

Data Rights: The Government shall have unlimited rights to all documents/material produced under this contract. All documents and materials 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 Contracting Officer. 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.

PHASE IN Period: The Contractor shall have personnel on board and with the appropriate clearance, base accesses, and appropriate travel documents such as passports and visas and be ready to begin performance of tasking efforts within 60 days of when the contract is awarded.

During this period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

NON-PERSONAL SERVICE STATEMENT: The contractor employees performing services under this contract will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in this performance work statement (PWS).

Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in this contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the FAR. The Government will control access to Government facilities when applicable, and will perform the inspection and acceptance of the completed work.

1.SPECIAL INSTRUCTIONS/CONSIDERATIONS:

The contractor agrees to enter into a written agreement with any firm whose proprietary data is used in connection with performance of the purchase order, to protect all proprietary information from unauthorized disclosure or use for as long as it remains proprietary, to furnish the contracting officer with executed copies of all such agreements, and to refrain from using any proprietary information in supplying to the Government goods or services, or for any purpose other than that for which it was intended. The contractor agrees that any information furnished by the Government to the contractor not generally available to other contractors shall be used only for performance under this purchase order, and all copies of such information shall be returned to the Government upon completion of the effort. Any information furnished by the Government containing trade secrets or commercial or financial data of other contractors shall be treated as proprietary data. Additionally, the contractor shall not disclose outside the Government any information generated in the performance of this purchase order.

2. NMCARS 5237.102(90) – ENTERPRISE-WIDE CONTRACTOR MANPOWER

REPORTING APPLICATION (ECMRA)

In accordance with NMCARS 5237.102-90 “ECMRA”, the contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this purchase order for Salesforce CRM Software and Licenses Integration and Support Services via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY

The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs 01 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

3. INSTALLATION SECURITY:

Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (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.

Per DFARS 211.106, contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

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, 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 purchase order is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the purchase order 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 purchase order.

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 of the performance start date.

Definition of “productive”:

a. Visit Authorization Request (VAR)

b. Contractor Information Sheet (CIS)

c. Completed EQIP (Electronic Investigation)

d. All contractor resource(s) must have an active JPAS profile.

e. Common Access Card (CAC)

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 sot the functional/system side of Enterprise Resource Planning (ERP).

ACCESS TO DOD INFORMATION TECHNOLOGY (IT) SYSTEMS

In accordance with (IAW) Secretary of the Navy (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 sensitive information. Sensitive information includes information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this purchase order 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 System Security Manager (ISSM)/Information Assurance Manager (IAM).

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the purchase order) 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 CSM and ISSM/IAM upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the purchase order. 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 Cyber Awareness 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 purchase order 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 purchase order within the timeframes specified in the purchase order.

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 purchase order are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the purchase order 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 purchase order 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 CSM upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the purchase order. 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 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 contractor 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 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 purchase order. 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 purchase order.

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 of 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) or T1 investigation equivalent 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 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 30 days prior to the individual’s start date may result in delaying the individual’s start date.

* Consult with your CSM and ISSM/IAM for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

CLAUSES INCORPORATED BY FULL TEXT

(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.

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:

NAME: Jacob Segal ADDRESS: jacob.a.segal.civ@us.navy.mil TELEPHONE: not available