DFAC RFP ATTCH 4 - Mission Essential.pdf

ATTACHMENT 4 – MISSION ESSENTIAL SERVICES (09 Sep 2010)

In accordance with AFFTC OPLAN 93-2 and the DoD Instruction 3020.37- “Continuation of Essential

Services During Crises”; with the exception of outside litter removal all portions of the Performance

Work Statement are considered Mission Essential Services.

Guidance:

Performance of Service During Crisis: Full Food Services Dining Facility Edwards AFB is considered mission essential. Service will continue in the event of crisis, whether declared by the National

Command Authority under provisions of DoDI 3020.37 and AFFTC OPLAN 93-2. Contractor employees, with approved background checks, will be allowed unescorted access to the base for performance of work in all FPCONs except “Delta”. The PM or QAP will notify the contractor of a “Delta” condition as soon as possible after security procedures have been implemented. If FPCON

Delta lasts for any extended duration, some facilities may require service, generally for health issues, and they will be approved on a case-by-case basis. The PM or QAP will inform the contractor which facilities are affected.

The Federal Emergency Management Agency's Federal Preparedness Circular #65 directs the United

States to have in place a comprehensive and effective program to ensure continuity of essential Federal functions under all circumstances. DoD Instruction 3020.37 requires the Department to provide reasonable assurance of the continuation of essential services provided by DoD contractors during crisis situations. Components working with contractors performing essential services must develop and implement plans and procedures that will provide reasonable assurance of the continuation of essential services during any crisis situation using contractor employees or other resources as necessary.

Requiring activities shall review contracted services and determine which services would be critical to the support of mission essential functions that, if interrupted, may seriously impair the Government. Class deviation 2009-000 I 0, attached, has been approved in accordance with FAR 1.404 to ensure continuity of such services in the event of any crisis. Contracting officers shall include this deviation so that contractors will ensure that these essential contractor services continue without interruption.

09/16/2010

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DEPARTMENT OF THE NAVY

O F F I C E O F T H E ASSISTANT SECRETARY

(RESEARCH. D E V E L O P M E N T A N D A C Q U I S I T I O N )

1000 NAVY P E N T A G O N

W A S H I N G T O N D C 20350-1 000

SEP 1 1 ; : I '

MEMORANDUM FOR DISTRIBUTION

Subject: Class Deviation to the Department of Defense Federal Acquisition Regulation Supplement (DFARS) for Continuation of Essential Contractor Services

Department of Defense Instruction 3020.37, Continuation of Essential DoD Contractor Services During Crises requires the Department to provide reasonable assurance of the continuation of mission essential functions during crisis situations.

Mission essential functions are those functions that must be performed under all circumstances to achieve missions or responsibilities. Essential contractor services are those contractor performed services that significantly affect the Department's ability to provide vital services or exercise authority, direction or control.

The Director, Defense Procurement and Acquisition Policy, approved the attached class deviation authorizing use of a contract clause in contracts and solicitations for services acquisitions when the requiring activity identifies all or some portion of the required services as essential contractor services which support mission essential functions. Requiring activities should be advised of the contract clause and be requested to identify mission essential services in existing contracts and in requests for new contractor services.

My point of contact on this matter is Bob Johnson at Robert.f.iol~nson(@navy .mil or 703-693-2936.

/5. A d Elliott B. Branch Executive Director

DASN(A&LM)

Attachment:

As stated

Distribution:

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Subject: Class Deviation to the Department of Defense Federal Acquisition Regulation Supplement (DFARS) for Continuation of Essential Contractor Services

Distribution:

CMC (LB)

MARCORSYSCOM (CT)

MSC (Nl 0)

NAVAIRSYSCOM (2.0)

NAVFACENGCOM (ACQ)

NAVICP (02)

NAVSEASYSCOM (02)

NAVSUPSYSCOM (02)

ONR (02)

SPAWARSYSCOM (2.0)

SSP (SPN)

Copy to:

CMC

CNO

AGC (RDA)

DON OSBP

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OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, DC 2030 1-3000

AUG 2 7 2002

ACQUISITION,

TECHNOLOGY

AND LOGISTICS

In reply refer to DAR Tracking Number: 2009-000 10

MEMORANDUM FOR COMMANDER, UNITED STATES SPECIAL OPERATIONS

COMMAND (A?''IN: ACQUISITION EXECUTIVE)

COMMANDER, UNITED STATES TRANSPORTATION

COMMAND (ATTN: ACQUISITION EXECUTIVE)

DEPUTY ASSISTANT SECRETARY OF THE ARMY

(PROCUREMENT), ASA (AL,T)

DEPUTY ASSISTANT SECRETARY OF THE NAVY

(ACQUISITION & LOGISTICS MANAGEMENT),

ASN (RDA)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE

(CONTRACTING;), SAF/AQC

DIRECTORS, DEFENSE AGENCIES

DIRECTORS. DOD FIELD ACTIVITIES

SUBJECT: Class Deviation to the Department of Defense Federal Acquisition Regulation Supplement (DFARS) for Continuation of Essential Contractor Services

Effective immediately, contracting officers are authorized to use the attached clause in solicitations and contracts that are identified by the requiring agency as having essential contractor services which support mission essential functions.

Today's changing threat environment has increased the need for continuity of operations capabilities and plans that' enable agencies to continue their essential hnctions across a broad spectrum of emergencies. An example of such a threat to continuity of operations includes. but is not limited to, the 2009 H I N 1 influenza pandemic.

Department of Defense Instruction (DoDI) 3020.37, Continuation ofEssentiaI DoD Contractor Services During Crises. dated November 6 , 1990, requires the Department to provide for a reasonable assurance of the continuation of essential services provided by contractors, including services provided to Foreign Military Sales customers, during crisis situations. This class deviation is necessary to ensure consistency in the implementation of this requirement.

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This deviation is effective until incorporated into the DFARS or otherwise rescinded. Any questions should be addressed to E4r. Juiian Thrash, Senior Procurement Analyst, at 703-602-03 10, or via e-mail at juIian.thrash@,osd.mil.

Procurement and Acquisition Policy

Attachments:

As stated

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Class Deviation 2009-00010

CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES

Subpart 237.XX- CONTINUATION OF ESSENTIAL CONTRACTOR

SERVICES

237.XX00 Scope.

This subpart prescribes procedures for the acquisition of essential contractor services which support mission essential functions.

237.XX01 Definitions.

As used in this subpart-

(1) 'Essential contractor service" means a service provided by a firm or individual under contract to DoD to support mission essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations may be seriously impaired by the interruption of these services.

(2) "Mission essential hmctions" means those organizational activitiee that must be performed under all circumstances to achieve DoD component missions or responsibilities. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

237.XX02 Policy.

Although the excusable del-ays and termination for default clauses generally relieve cont:ractors from delay and default liability when a failure to perform arises from causes beyond their control, contractors providing services designated as essential contractor services by a DoD

Deviation Attachment

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237.XX03 Contract clause.

Use the clause at 252.237-70XX, Continuation of Essential Contractor Services in solicitations and contracts for services that are in support of mission essential functions.

PART 252-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

252.237-70XX, Continuation of Essential Contractor Services.

As prescribed in 23'7.XX03, use the following clause:

CONTINUATION OF ESSENTIAL CONTRA2TOH SERVICES (Aug 2009)

(a) The Contractjag Officer has identi.fied all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. The contractor-provided services that have been determined to be essential contractor servi.cea in support of mission essential functions are liete3 in at,tackment , Mission Essential Contractor Services, dated

(b) The Contractor shall have a plan after award of this contract or incorporatian of this clause in a contract by modificatian, for continuing the performance of essential contractor services identified in (a) above during a crisis.

(1) The Contractor shall identifv in t.he plan provisions made for the acquisition of necessary personnel and resources, if neceseary, for continuity of operations for up to 30 days or until normal. operations can be resumed;

(2) The plan must, at a minimum, address-

Deviation Attachment

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(i) Challenges associated with maintaining contractor essential services during an extended event, such as a pandemic that occurs in repeated waves;

(ii) The time lapse associated with the initiation of the acquisition of necessary personnel and resources and their actual availability on site;

(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home; and

(iv) Any established alert and notification procedures for mohil.i.xing identified "sssential contractor service" personnel; and

(v) The approach for communicating expectations to contractor emplovees regarding their roles and responsibilitien durinu a crisis.

(c) The Con,tractor recopnizes that the services under this contract are vital to the Government and must be continued wi,tb.out ic.terrupt.ion. In the event the Contractor anticipat.ee not Seinq able to perform due to any of the calnsee enumerated in ,the excusable delay clause of this contract, the Contractor shall notify the contracting officer or other designated representative as expeditiously as possible and use its best efforts and cooperate with the Goverrrment in the Government's efforts to maintain the continuity of operations.

(d) The Government reBarveB the ri~ht. in such crisis situatj.ors to use federal enuployeen ~f other agencies or contract sup~ort. from other contractors or to enter into new contract.8 for et:sent i.al conr:ractas services. Any new contracting effort,# would kle. conducted in accordance with OFPP letter, "Emergency Acqui~itions" May 2007 and FAR and DFARS Subparts 1.8 and %I.& respectively or any other subsequent emer915ncp. gui.tta.r~ce issued.

(e) This clause shall be included in subcontracts for the essential ssrvice!w.

Deviation Attwhment

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