HDQMWR-19-R-0003_NOFFS.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 43

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE

NUMBER

HDQMWR-19-R-0003 13MAR2019

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than item 7)

COMMANDER, NAVY INSTALLATIONS COMMAND

NAF ACQUISITIONS BRANCH N945

716 SICARD ST. SE BLDG 111 STE 1000

WASHINGTON, DC 20374

POC: CONTRACTING OFFICER, 202-433-9158

CHRISTOPHER.SAUNDERS@NAVY.MIL

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in 716 SICARD ST. SE BLDG 111 STE 1000 until 1600 local time 10APR2016 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. L-6. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

CHRISTOPHER.SAUNDERS

AREA CODE NUMBER EXT. CHRISTOPHER.SAUNDERS@N

AVY.MIL 202 433-9158

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 21-29

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-5 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6-12 X J LIST OF ATTACHMENTS 29

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 12 X

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 30-32 X F DELIVERIES OR PERFORMANCE 13

X G CONTRACT ADMINISTRATION DATA 13-14 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 32-41

X H SPECIAL CONTRACT REQUIREMENTS 14-20 X M EVALUATION FACTORS FOR AWARD 42-43

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%) (See Section I, Clause No. 17) NET 30

14. ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

NON APPROPRIATED FUNDS

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( ) SEE BLOCK 7

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

See Section G

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

PART I, SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

A. GENERAL: This is a procurement of the Commander, Navy Installations Command (CNIC) Morale, Welfare, and Recreation (MWR) Nonappropriated Funds Instrumentality (NAFI), hereinafter referred to as NAFI.

B. TYPE OF CONTRACT: It is anticipated that this solicitation is to be awarded as Indeterminate Delivery Indeterminate Quantity (IDIQ) type contract with a Base Year of One (1) year with Four (4) One Year option years.

C. SUPPLIES AND/ORSERVICES PRICE/COST SCHEDULE: Offeror is to fill in the proposed pricing table below. The Government anticipates a labor mix from the below list of CLINS that will be utilized for responding to anticipated task orders based on the scope of the contract.

D. AWARD: Upon award of contract, Sections K, L, and M of the solicitation will be removed, and the Contractor’s technical proposal, including any revisions will be incorporated by reference subject to Clause 16, Order of Precedence.

B.1 SCHEDULE

Base Year CLIN Description QTY U/I Unit Price Total Price

NOFFS Training Program - onsite instructor training based on including lecture and coaching workshops

5 EA $ - $ -

Program Development - develop follow-on series’ to the Navy Operational Fitness and Fueling System

2 EA $ - $ -

0003 Master Trainer Program Training 1 EA $ - $ - 0003a Develop a Master Trainer Program 1 EA $ - $ -

0003b Delivery Master Trainer Program -onsite training including lecture and coaching workshops

1 EA $ - $ -

0003c Delivery Master Trainer Program updates

1 EA $ - $ -

0004 Program handbooks and miscellaneous

1 EA $ - $ -

0005 Travel – Joint Travel Regulations 1 LT $ - $ - Base Year Total $ -

Option Period 1 – 12 months CLIN Description QTY U/I Unit Price Total Price

NOFFS Training Program – onsite instructor training based on including lecture and coaching workshops

5 EA $ - $ -

Program Development – develop follow-on series’ to the Navy Operational Fitness and Fueling System

2 EA $ - $ -

1003 Master Trainer Program Training 1 EA $ - $ - 1003a Develop a Master Trainer Program 1 EA $ - $ -

1003b Delivery Master Trainer Program – onsite training including lecture and coaching workshops

1 EA $ - $ -

1003c Delivery Master Trainer Program updates

1 EA $ - $ -

1004 Program handbooks and miscellaneous

1 EA $ - $ -

1005 Travel – Joint Travel Regulations 1 LT $ - $ -

Option Period 2 – 12 months

NOFFS Training Program - onsite instructor training based on including lecture and coaching workshops

5 EA $ - $ -

Program Development - develop follow-on series’ to the Navy Operational Fitness and Fueling System

2 EA $ - $ -

2003 Master Trainer Program Training 1 EA $ - $ - 2003a Develop a Master Trainer Program 1 EA $ - $ -

2003b Delivery Master Trainer Program -onsite training including lecture and coaching workshops

1 EA $ - $ -

2003c Delivery Master Trainer Program updates

1 EA $ - $ -

2004 Program handbooks and miscellaneous

1 EA $ - $ -

2005 Travel – Joint Travel Regulations 1 LT $ - $ -

Option Period 3 – 12 Months

NOFFS Training Program - onsite instructor training based on including lecture and coaching workshops

5 EA $ - $ -

Program Development - develop follow-on series’ to the Navy Operational Fitness and Fueling System

2 EA $ - $ -

3003 Master Trainer Program Training 1 EA $ - $ - 3003a Develop a Master Trainer Program 1 EA $ - $ -

3003b Delivery Master Trainer Program -onsite training including lecture and coaching workshops

1 EA $ - $ -

3003c Delivery Master Trainer Program updates

1 EA $ - $ -

3004 Program handbooks and miscellaneous

1 EA $ - $ -

3005 Travel – Joint Travel Regulations 1 LT $ - $ -

Option Period 4 – 12 Months

NOFFS Training Program - onsite instructor training based on including lecture and coaching workshops

5 EA $ - $ -

Program Development - develop follow-on series’ to the Navy Operational Fitness and Fueling System

2 EA $ - $ -

4003 Master Trainer Program Training 1 EA $ - $ - 4003a Develop a Master Trainer Program 1 EA $ - $ -

4003b Delivery Master Trainer Program -onsite training including lecture and coaching workshops

1 EA $ - $ -

4003c Delivery Master Trainer Program updates

1 EA $ - $ -

4004 Program handbooks and miscellaneous

1 EA $ - $ -

4005 Travel – Joint Travel Regulations 1 LT $ - $ -

Base Year & All Option Years Total Estimated Price $ ___________

(END OF SECTION B)

PART I, SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

C.1 INTRODUCTION: Commander, Navy Installations Command (CNIC) Fleet and Family

Readiness (N92) Navy Operational Fitness and Fueling System Training and Program Development. The primary goal of the development and distribution of the Navy Operational Fitness and Fueling System (NOFFS) is to provide the Navy with a “best in class” fitness training resource, and offer physical training guidance to Sailors that builds resiliency and durability. The NOFFS presents safe and effective methods to perform physical training and how to make healthy nutritional choices in shore-based and operational environments.

C.2 SCOPE: The objective is to develop specific and comprehensive fitness programs that are delivered by trained MWR fitness professionals. This will include program design, training design and staff training.

C.3 BACKGROUND: The Center for Personal and Professional Development (CPPD) sought input from over 750 Sailors in the 2nd and 3rd Fleet to develop the framework for a quality workout program. The NOFFS exercise program combines human performance and injury prevention strategies which result in safe, smart training while yielding positive human performance outcomes. The Navy is advancing these training techniques to the deck plate.

The NOFFS contains a specialized series of exercises to be utilized specifically on submarines, surface ships, large decks, and for group physical training by Command Fitness Leaders (CFLs). The goal of this product is to satisfy the physical training requirements for CFLs and Sailors’ individual workout programs. To that end, no exercise program can remain static, thus follow on workouts that address the specific interests of the end user are essential to the success of the program. Additionally, industry standards direct that all exercise programs should be modified regularly to ensure continued progress, prevent physical plateaus and overuse injuries.

C.4 MAIN TASK ORDER OBJECTIVES

C.4.1 Task 1 Onsite Instructor Training – To continue the growth of NOFFS, MWR fitness professionals require additional up-to-date education on NOFFS program methodology and be able to effectively deliver exercise programming utilizing various modalities found in the tactical population. The NOFFS training shall be based on the strength and conditioning principles incorporated in a training programs for tactical and professional athletes.

• The onsite instructor training should be taught in one (1) week, Monday- Friday.

• The training program should build on the current education found in NOFFS Operational, Strength, Endurance and Sandbag Series, as well as any additional follow-on series.

• Topics during the course should include hands-on and lectures including but are not limited to: effective strength and conditioning coaching, foundations of coaching Olympic lifting, designing a training plan, overtraining and recovery, speed, agility and quickness, advanced pillar preparation and movement preparation.

• The contractor will provide 2 ‘coaches’ and 1 registered dietitian per training

• Develop and provide a comprehensive binder that contains all training slides and information

• Develop and deliver a NOFFS specific agenda that will include lecture and coaching workshops

• The course will provide continuing education units from fitness agencies certified through the National Commission for Certifying Agencies (NCCA) or Distance Education Accrediting Commission (DEAC)

C.4.2 Task 2 Program Development: The contractor shall work with the Government to develop follow-on series’ to NOFFS Operational, Strength, Endurance and Sandbag that addresses a greater variety of interests and training focus.

• Series development will include in-person and conference calls.

• Specific topics and program design will be decided upon by Government.

Additional series development shall include but is not limited to aquatics, pregnancy (pre and post-partum) and youth. Follow-on courses will be available at a date to be determined

• Additional series should include pillar preparation, movement preparation, strength component, energy system development, recovery and nutrition.

• The contractor will provide the government with a training program covering multiple training phases

• The nutrition component will include a meal builder and fueling zones for the various calorie ranges based on the energy expended during the workout

• The contractor will provide the government with a complete manual to include exercise pictures and exercise descriptions.

C.4.3 Task 3 Operational Facilitator Training Program: The contractor shall develop and deliver an Operational Facilitator Course that effectively addresses all aspects of the science and methodology behind NOFFS.

• A. Develop a Master Trainer Program o The contractor shall work with the Government on the topics and hands-on components of the Master Trainer Program o The Master Trainer Program should be designed so that MWR Fitness professional can deliver the 5-day NOFFS Operational course. Topics should include but are not limited to; presentation skills, practical/workshop development, providing participant feedback, advanced strength and conditioning, advanced nutrition and advanced program design o The contractor shall develop the course to take place over one-week, Monday-Friday o The contractor shall provide the government with copies of all presentations, exams and handouts

• B. Delivery Master Trainer Program Course o The course should be delivered over one-week, Monday – Friday o The training should include detailed lecture, hands-on workshops o The course should include access to any certification required to deliver courses on behalf of the contractor. Upon completion of this training, the MWR fitness professional should be able to deliver the 5-day NOFFS Operational course, at the same level as a first year contractor employee.

o Contractor shall provide all course materials related to the execution of the course o The course will provide continuing education units from fitness agencies certified through the National Commission for Certifying Agencies (NCCA) or Distance Education Accrediting Commission (DEAC) o The contractor will provide 2 ‘coaches’ and 1 registered dietitian per training

• C. Delivery Master Trainer Program Update o The contractor shall work with the Government on the topics and hands-on components of the Master Trainer Program Update o The Master Trainer Program Update will provide current Master Trainers with updates to NOFFS program due to advancements is the strength and conditioning, exercise science and/or nutrition o The updates shall be provided to the government in a video format. The videos may be hosted on contractor’s instructor website or provided to the Navy’s to be uploaded on the online education platform o The course will provide continuing education units from fitness agencies certified through the National Commission for Certifying Agencies (NCCA) or Distance Education Accrediting Commission (DEAC)

C.4.4 Task 5 Program handbooks and Miscellaneous

• The contractor shall carry in person or ship all related handouts to the training location

• The contractor shall provide all materials related to the conduct of the Master Trainer Program o Materials may include but are not limited to instructor certifications, participant certificates, course handouts, presentations and manuals

• The contractor shall provide all materials related to the conduct of the Onsite Instructor Training o Materials may include but are not limited to participant certificates, course handouts and manuals

C.5 APPLICABLE DOCUMENTS AND REFERENCES.

All references can be found at https://www.hprc-online.org

NSCA - The Journal of Strength and Conditioning Research NSCA - Strength and Conditioning Journal NSCA - TSAC Report ACSM - Medicine & Science in Sports & Exercise ACSM - ACSM's Health & Fitness Journal NSCA - Essentials of Strength Training, 4ed NSCA - Exercise Technique Manual, 3ed, Product code:9781492506928 NSCA's "Guide To" Series Bundle - Product Code: 2918084 NASM - NASM Essentials of Personal Fitness Training by National Academy of Sports Medicine (NASM) NASM Essentials of Corrective Exercise Training: First Edition Revised 1st Edition by National Academy of Sports Medicine (NASM) Journal of Orthopedic & Sports Physical Therapy Physical Therapy Journal https://www.hprc-online.org/

Sports Dietetics Practice Burke LM and Deakin V (eds). Clinical Sports Nutrition, 5th ed. Australia: McGraw-Hill; 2015.

ISBN: 978-1743073681

Maughan R. Sports Nutrition, the Encyclopedia of Sports Medicine an IOC Medical Commission Publication. Hoboken, NJ: John Wiley and Sons, Ltd; 2014. ISBN: 978- 1118275764 Rosenbloom C. Sports Nutrition: A Practice Manual for Professionals. 6th ed. Chicago, IL:

SCAN Dietetics Practice Group, Academy of Nutrition and Dietetics; 2017. ISBN: 978- 0880919753 Sports Nutrition-Exercise Physiology Dunford M and Doyle JA. Nutrition for Sport and Exercise, 3rd ed. Belmont, CA: Thomson Wadsworth; 2014. ISBN: 9781285752495 McArdle WD, Katch FI, and Katch VL. Sports & Exercise Nutrition, 4th ed. Baltimore, MD:

Lippincott Williams & Wilkins, 2012.

ISBN: 978-1451118063

Williams M. Nutrition for Health, Fitness and Sport. 11th ed. New York, NY: McGraw-Hill Education; 2016.

ISBN: 978-0078021350

Exercise Physiology McArdle WD, Katch FI, Katch VL. Exercise Physiology: Nutrition, Energy, and Human Performance. 8th ed. Hagerstown, MD: Lippincott, Williams and Wilkins; 2014. ISBN: 978- 1451191554 Position Papers De Souza MJ, et al. 2014 Female Athlete Triad Coalition Consensus Statement on Treatment and Return to Play of the Female Athlete Triad: 1st International Conference held in San Francisco, California, May 2012 and 2nd International Conference held in Indianapolis, Indiana, May 2013. Br J Sports Med 2014; 48:289.

http://bjsm.bmj.com/content/bjsports/48/4/289.full.pdf Mountjoy M, et al. The IOC consensus statement: beyond the Female Athlete Triad-Relative Energy Deficiency in Sport (RED-S). Br J Sports Med 2014; 48:491-497.

http://bjsm.bmj.com/content/bjsports/48/7/491.full.pdf Position of the Academy of Nutrition and Dietetics, Dietitians of Canada, and the American College of Sports Medicine: Nutrition and athletic performance. J Acad Nutr Diet. 2016; 116(3):

501-528.

http://www.eatrightpro.org/resource/practice/position-and-practice-papers/position-papers/nutrition-and-athletic-performance Position of the American Dietetic Association: Nutrition Intervention in the Treatment of Eating Disorders. J Am Diet Assoc. 2011; 111(8): 1236-1241.

http://www.eatrightpro.org/~/media/eatrightpro%20files/practice/position%20and%20practice% 20papers/position%20papers/position_paper_nutrition_intervention.ashx Sawka MN, Burke L, Eichner R, Maughan RJ, Montain SJ, Stachenfeld N. American College of Sports Medicine. Exercise and fluid replacement position stand. Medicine and Science in Sports and Exercise. 2007; 377-390. http://journals.lww.com/acsm-msse/Fulltext/2007/02000/Exercise_and_Fluid_Replacement.22.aspx

C.6 RESERVED

C.7 DELIVERABLES AND ACCEPTANCE: A draft course manual, outlines, training event schedules, and all audio-visual media (DVDs) used in the performance of the training shall be forwarded to the CNIC N921 POC listed in Section 10, no later than 29 January 2010.

a. The CNIC POC and the Contractor must agree on all aspects of the curriculum prior to the beginning of the training event.

b. Final draft of the aforementioned deliverables shall be forwarded to the CNIC N921 POC no later than 26 February 2010.

C.8 QUALITY CONTROL AND CONFLICTS OF INTEREST: The nature of each task will require the COR to work closely with the Contractor during all stages of development and delivery. The Government shall approve all work before progressing to next phase of project to include material development.

C.9 PERFORMANCE CRITERIA

Operational Hours. The normal duty schedule is between the hours of 0800 - 1700. The duty schedule is subject to change based on government requirements.

C.9.1 Federal Holidays - The U.S. Government recognizes the following Legal

Holidays established by Federal Statute:

• New Year’s Day – January 1

• Martin Luther King Jr. Day – Third Monday in January

• President’s Day – Third Monday in February

• Memorial Day – Last Monday in May

• Independence Day – July 4

• Labor Day – First Monday in September

• Columbus Day – Second Monday in October

• Veteran’s Day – November 11

• Thanksgiving Day – Fourth Thursday in November

• Christmas Day – December 25

C.9.2 When one of the above designated legal holidays falls on a Sunday, the following

Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday is observed as a legal holiday. The list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage Determination or Collective Bargaining Agreement regarding applicable paid holidays.

C.9.3 In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by a Presidential Proclamation

C.9.4 It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not be a reason for an additional period of performance or entitlement of compensation except as set forth within the task order. In the event the contractor’s personnel work during a holiday or other day observed by the Government employees (see above holiday listing), the contractor may reimburse them; however, no form of holiday or other premium compensation will be reimbursed by the Government, either as a direct or indirect cost, other than their normal compensation for the time worked.

C.9.5 When the Department of Defense grants excused absence to its employees, the contractor agrees to continue sufficient personnel to perform critical tasks already in operation or scheduled, and the contractor shall be guided by the instructions issued by the Contracting Officer or the Contracting Officer’s Representative

(COR).

C.9.6 If Government personnel are furloughed, the contractor shall contact the

Contracting Officer or the COR to receive direction. It is the Government’s decision as to whether contract support will be affected as a result of Government shutdown and/or furloughed Government employees.

C.9.7 Nothing in this section abrogates the rights and responsibilities of the parties relating to any “stop work” clause or provision included in other sections of the contract.

C.9.8 Overtime is not authorized under this contract.

C.10 GOVERNMENT/NAFI FURNISHED EQUIPMENT: The Government shall furnish all training facilities and whenever possible, audio-visual equipment used to perform the training. The Contractor is allowed to use his/her audio-visual equipment if it is compatible to Navy Marine Corps Intranet (NMCI) software.

a. The Government will appoint a POC for each site and develop registration procedures accordingly prior to the beginning of the training.

b. The Government POC will be responsible for forwarding logistical information to attendees no later than three (3) weeks prior to the beginning of each training event.

C.11 RESERVED

C.12 RESERVED

C.13 SECURITY. The contractor shall comply with all applicable Department of Defense

(DoD) security regulations and procedures during the performance of this contract. The contractor shall not disclose and must safeguard sensitive information, computer systems and data, privacy act data, and Government and contracted personnel work products that are obtained or generated in the performance of this contract.

C.13.1 The contractor is responsible for safeguarding information of a sensitive nature.

Failure to safeguard any privileged information which may involve the contractor or the contractor's personnel or to which they may have access may subject the contractor and/or the contractor's employees to criminal liability under Title 18, section 793 and 7908 of the United States Code.

C.13.2 Clearances. All contractor employees supporting this project require a minimum of a National Agency Check and Inquiries (NACI) clearance.

C.14 CONFIDENTIALITY. This project and all materials provided to the Contractor by the Government and results, conclusions and recommendations obtained thereof shall be considered confidential in nature and treated with the same level of care that the Contractor treats its own confidential business information. The information shall not be disclosed, copied, modified, used (except in the completion of this project) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to the Government without the Government’s express consent.

C.15 INTELLECTUAL PROPERTY RIGHTS.

a. No data provided to, or developed by, the contractor shall be used for any purpose other than this contract and subsequent task orders.

b. All information (data files and hard copy) developed under this contract including but not limited to course guides, training materials, handouts, presentations and manuals will be the exclusive property of the government and the contractor shall provide all files, in electronic and hardcopy format, as requested, to the designated program manager and or COR, at the completion of the task.

c. Any existing works, publications, writings, illustrations, graphics, information, or technical data owned or developed by, or licensed to, the contractor prior to the award of this contract that is utilized in conjunction with the contract or incorporated into any deliverable including but not limited to course guides, training materials, handouts, presentations and manuals shall be provided to the government under a world-wide, irrevocable, indefinite term, no/fee-paid-up license to further publish, develop, revise, amend, change or otherwise modify such works and materials as deemed appropriated in the discretion of the government.

C.16 PRIVACY ACT. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Any information reported, summarized, or otherwise considered procurement sensitive that comes about through the work performed will not be distributed or discussed outside the framework of the Data Layer Optimization Project. All programs and materials developed at government expense during the course of this contract are the property of the government. Contractor personnel shall be required to obtain and maintain security badges and adhere to the security requirements of the installation. The Government will retain rights to all intellectual property produced in the course of performing the tasks in this PWS.

C.17 COMMON ACCESS CARD. IAW that guidance, the authorizing official (Contracting Officer Representative (COR)), Contracting Officer Technical Representative (COTR), Contracting Officer, or other approving officials), the contractor's sponsor, approves issuance of the CAC though the automated TASS system. The MC&FP Security Officer is the designated Trusted Agent (TA). The contractor's CVS applications under this task order should clearly cite the contract and task order numbers identified on the DD Form 1155 for this task order. IAW CAC issuance requirements, personnel requiring CACs will be subject to a favorable adjudicated National Agency Check with Inquiries (NACI).

(End of Section C)

PART I, SECTION D: PACKAGING AND MARKING- NOT APPLICABLE

(End of Section D)

PART I, SECTION E: INSPECTION AND ACCEPTANCE

E.1 SURVEILLANCE, INSPECTIONS, AND ACCEPTANCE: All solutions, products, manuals, reports and deliverables must be approved by Technical Representative as applicable, then delivered to the COR for final approval as necessary.

The contractor is responsible for the overall quality of contract performance and for the management of its own workforce. The COR may clarify contractor responsibilities within the requirements of the PWS. All work to be performed under this contract is subject to NAFI surveillance and inspection per NAFI Clause 34 & 40

(End of Section E)

PART I, SECTION F: DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE: Date of contract award with a one (1) year base year and four (4) one (1) year option years.

F.2 PLACE OF PERFORMANCE: Will be established for each task order. Locations could be CONUS or OCONUS

(End of Section F)

PART I, SECTION G: CONTRACT ADMINISTRATION DATA

G.1 INVOICING: NAF Clause #12 “Invoices.” An invoice is a written request for payment under the contract for supplies/equipment delivered or for services rendered. In order to be proper, an invoice must include (and in order to support the payment of interest penalties) the following:

a. Invoice Date;

b. Name of contractor;

c. Contract number (include order number, if any), contract description of supplies or services, quantity, contract unit of measure, unit price, and extended total;

d. Shipment number and date of shipment;

e. Name and address to which payment is to be sent (name must be the same as that in the contract or on a proper notice of assignment);

f. Name (where practicable), title, telephone number and mailing address of person to be notified in the event of a defective invoice; and

g. Any other information or documentation required by other provisions of the contract

(such as evidence of shipment).

Invoices shall be prepared and submitted to the point of contact identified in the following section (G-2). Invoices shall be submitted by the Contractor on a monthly basis for the monthly service and will be paid in arrears. The NAFI will not make a payment for deliverables that have not been inspected and accepted by the Contracting Offier’s Representative.

G.2 SUBMIT INVOICES TO: The COR will be identified by separate letter at contract award. Invoices are forwarded to the contracting office and the COR for acceptance and approval. Invoices will be paid upon approval and acceptance by the Government COR.

G.3 ACCOUNTING CLASSIFICATION

ACCOUNTING AND APPROPRIATION DATA: NONAPPROPRIATED FUNDS

Company Code: XXXX Cost Center: XXXXX GL Account: XXXXXX

No appropriated funds of the United States will be obligated, due or payable to a contractor as a result of this solicitation and, if awarded, any resulting contract.

(End of Section G)

PART I, SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 PRIVACY ACT NOTIFICATION (Jan 2008): The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

H.1.1 PRIVACY ACT (Apr 1984)

(a) The Contractor agrees to --

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies --

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)

(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

H.2 TRAVEL EXPENSES: The contractor will be reimbursed for authorized travel made in association with the performance of this contract to include per diem, lodging, airfare, rental car and incidental expenses. Travel cost will be reimbursed per the following guidelines:

1.) The contractor shall submit itemized receipts for commercial transportation, lodging, rental car, fuel, personal vehicle mileage, parking, and incidental expenses on a monthly basis with the monthly invoice. Food/meal receipts are not required.

2.) A fee for profit and G&A on travel cost and per diem is NOT authorized.

3.) Commercial transportation is ONLY authorized at the restricted fare rate not to exceed regular coach rate. Baggage fees are reimbursable up to two (2) bags per authorized traveler. Fees for excess baggage weight are non-reimbursable.

4.) Per diem and incidental expense rate shall be reimbursed as follows:

a.) In accordance with DoD published rates for geographic area of travel, which can be found at http://www.defensetravel.dod.mil/site/perdiemCalc.cfm. Per diem consist of local meals and incidentals.

b.) at the rate of 75% of published rate for geographic area of travel for the first and last day of travel, and 100% of published rate for remaining travel days.

5.) Every attempt should be made to utilize Navy Gateway Inns and Suites for lodging if practical and available. Lodging cost will be reimbursed at the actual expense rate not to exceed the current maximum daily rate listed on the above defense travel website, to include fees and taxes.

Contact the Contracting Officer or Contracting Officer Representative for reimbursement clarification if required prior to travel.

H.3 ITEMIZED TRAVEL INVOICES: All reimbursable travel shall have prior approval by the COR/Alternate COR. The Contractor shall ensure that itemized travel invoices for Government sponsored travel are submitted accurately and timely to the COR/ACOR for certification. Itemized travel invoices shall be submitted to the COR within 30 calendar days of returning from travel. Each invoice shall contain the following information.

a. Mileage cost associated with government directed travel.

b. Per diem cost (lodging, meals, and transportation)

c. Airfare

H.4 APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE

(a) The following NAFI employee is appointed as the Contracting Officer’s Representative

(COR):

The COR will be identified by separate letter at contract award.

(b) The COR will act as the Contracting Officer’s representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or performance work statement, and monitoring the progress and quality of contractor performance. The COR is not an Administrative Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

(c) It is emphasized that only a Contracting officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the http://www.defensetravel.dod.mil/site/perdiemCalc.cfm contractor and any other person be effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction unless the contracting officer has issued a contractual change or otherwise resolved the issue.

H.5 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (APR 2016)

(a) Definitions. As used in this clause-- “United States'' means the 50 states and the District of Columbia.

“Worker''—

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and—

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order Minimum Wage rate.

(1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors).

Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)

(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records.

(1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the

Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other NAFI or Government contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

H.6 PROTECTION OF PERSONAL IDENTIFIABLE INFORMATION (PII): The On-

Line program offered must adhere to Department of Defense (DoD) mandates and best practices for securing and safeguarding Personally Identifiable Information (PII). PII policies are outlined in OMB-M-06-16 and are available from:

www.whitehouse.gov/omb/memoranda/fy2006/m06-16.pdf; OMB-M-06-19 is available from: www.whitehouse.gov/omb/memoranda/fy2006/m06-19.pdf; and DOD instruction

8500.2. , which is available from: www.dtic.mil/whs/directives/corres/pdf850002p.pfd.

These mandates and best practices are included in the SECNAV Instruction 5211.5E or CNIC Instruction 5211.1 and are available from: http://doni.daps.dla.mil/Directives/ .../5211.5e, or review in the Department of the Navy Personally Identifiable Information (PII) training module at www.dcnc10.navy.mil/productsaspx.

The Online system is to include servers that must comply with DoDI 8500.2 which is available from: http://www.dtic.mil/whs/directives/corres/pdf/850002p.pdf .

With these responsibilities contractors should ensure that their employees safeguard…