N00124-18-Q-0095.pdf

SEE ADDENDUM

(No Collect Calls)

N0012418Q0095 22-Dec-2017

b. TELEPHONE NUMBER

401-841-6546

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 09 Jan 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001249. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JASON M. HEWITT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N0012418RC1M101

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL WAR COLLEGE

686 CUSHING ROAD

NEWPORT RI 02841

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00124 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL WAR COLLEGE

SEE SCHEDULE

ELECTRONIC DELIVERY

NEWPORT RI 02841

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

611710

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF49

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0012418Q0095

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each CFMCC Pearl Harbor

FFP

The Naval War College has a requirement to provide executive (Flag Level) education support. Specific areas of support are for development, support and analysis of training and education planning courses developed specifically for the operational level of war (OLW). The contractor shall provide an International

Subject Matter expert to support curriculum. See REQUIREMENTS, 3.2 in the

Statement of Work. On site dates for CFMCC Pearl Harbor will be during the month of February 2018 with exact dates given at the time of contract award.

Facilitate, as a senior fellow a graduate level seminar course in maritime component commander education as part of the Naval War College’s CFMCC.

This includes assisting with lesson plans; preparing and delivering lectures;

conducting seminar sessions; identifying and communicating with qualified individuals who might deliver lectures on designated topics; facilitating and reviewing student course reviews and commentary; and preparing and submitting an end-of-course memorandum to include recommended administrative changes, additions, deletions and other suggested alterations to course structure and content.

Anticipated number of course hours to administer the course is 80 hours of onsite instruction, 12 hours of pre/post course preparation and 2 hours of teleconferences for a total of 94 hours.

The Contractor shall perform all duties in accordance with the Statement of Work.

FOB: Destination

MILSTRIP: N0012418RC1M101

PURCHASE REQUEST NUMBER: N0012418RC1M101

NET AMT

0002 1 Each

CFMCC NAPLES

FFP

TThe Naval War College has a requirement to provide executive (Flag Level) education support. Specific areas of support are for development, support and analysis of training and education planning courses developed specifically for the operational level of war(OLW). The contractor shall provide an International

Subject Matter expert to support curriculum. See REQUIREMENTS, 3.2 in the

Statement of Work. On site dates for CFMCC Naples, Italy will be during the month of October/November with exact dates given at the time of contract award.

Facilitate, as a senior fellow a graduate level seminar course in maritime component commander education as part of the Naval War College’s CFMCC.

This includes assisting with lesson plans; preparing and delivering lectures;

conducting seminar sessions; identifying and communicating with qualified individuals who might deliver lectures on designated topics; facilitating and reviewing student course reviews and commentary; and preparing and submitting an end-of-course memorandum to include recommended administrative changes, additions, deletions and other suggested alterations to course structure and content.

Anticipated number of course hours to administer the course is 50 hours of onsite instruction, 12 hours of pre/post course preparation and 2 hours of teleconferences for a total of 64 hours.

The Contractor shall perform all duties in accordance with the Statement of Work.

FOB: Destination

0003 1 Each Travel

FFP

Travel in support of CFMCC is authorized as per the contract. Lodging and M&IE are authorized consistent with the FTR/JTR. Other travel expenses such as airfare, car rental, etc to be reimbursed at cost up to the travel dollar maximum specified in the contract. The Statement of Work outlines the number of days permitted in section 4 Travel Requirements.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2018 TO

28-FEB-2018

N/A NAVAL WAR COLLEGE

SEE SCHEDULE

ELECTRONIC DELIVERY

NEWPORT RI 02841

FOB: Destination

N00124

0002 POP 01-OCT-2018 TO

30-NOV-2018

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-FEB-2018 TO

30-NOV-2018

N/A (SAME AS PREVIOUS LOCATION)

INSTRUCTIONS FOR PREPARATION

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

Offerors shall submit a completed Request for Quote (RFQ) (Form SF1449) on 9 January 2018 at

12:00pm (EST) to the address in block 9 of the RFQ. Quotations may be faxed to the following number

401-841-3453 or may be submitted electronically to Jason.hewitt@usnwc.edu in order to meet the deadline.

Page 1: Complete Block 17a, Fill out and Sign Blocks 30a, 30b and 30c

Page 3: State Quoted Price

Page 12: Fill out the two questions highlighted in yellow under clause 52.209-11

Clause 52.212-3 Offeror Representations and Certifications: Complete the sections in Bold Text and marked by **

FAR clause 52.212-3 ALT1 (b)(2) states that IF your representations and certifications posted in SAM are current, accurate and applicable to this RFQ then no action is required by you to fill out the clause on this

RFQ.

Please note a new mandatory clause- 52.209-11 Representation by Corporations Regarding

Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

Requires your action.

Contractors are required to have a DUNS Number and CAGE Code in order to facilitate electronic payment of invoices. These invoices shall be submitted through Wide Area Work Flow (WAWF), the government system for electronic payment. Information is available at the following sites – https://www.sam.gov for DUNS and CAGE Code https://wawf.eb.mil for invoicing through WAWF Questions arising from this solicitation shall be directed to Jason.hewitt@usnwc.edu.

EVALUATION FACTORS

Evaluation

The Government will award a Firm-fixed price contract resulting from this RFQ to the responsible offeror whose quotation represents the Best Value to the government, price and other factors considered. The following factors shall be used to evaluate offers.

Evaluation Factors:

1. Cost/Price

Cost and pricing data will be broken down by:

Labor (hourly wage and number of hours)

Travel Costs, (complete breakdown travel cost in accordance with the FTR/JTR)

2. Past Performance

Provide a list of (Maximum of 3) contracts and subcontracts that are currently in process or have been completed during the past two years. Past Performance (PP) demonstrates relevant experience or performance on how well contractors manage and comply with contractual requirements in the past. (Per needs of client’s requirements and/or Open

Market, or Sole Source Procurement) PP evaluation will take into account (a) the currency and relevance of an offeror’s PP; (b) the source of the information; (c) the context of the data; and (d) the quality of an offeror’s PP. Past Experience (PE) and its relevancy to the scope, size, and duration of requirements identified in the PWS within the last 2 years. Please see attached Past Performance Worksheet to fill out the following information below.

Contract Title

Date of Award

Name of contracting activity or commercial firm

Contract number

Contract type

Total contract value

Brief narrative (less than 20 lines) describing your involvement in the effort, complexity, objectives achieved, and types of personnel who performed under the contract.

Procuring Contracting Officer* and telephone

Administrative Contracting Officer*, if different, and telephone

Government Program Manager* or COR, and telephone

*Or non-Government official with similar duties or rank

3. Personnel Experience

Personnel Experience: Contractor will submit resumes for personnel performing under this contract annotating intended labor category. Resumes shall not exceed five pages in length. To meet this factor, see minimum qualifications section within the Statement of

Work.

4. Technical Approach

The degree to which the proposal demonstrates the Offeror's ability to provide the required personnel with experience and successful timely completion of tasks including, staff organization and approach to assigned tasks, The three non-priced factors Past Performance, Personnel Experience and Technical Approach are essentially weighed equally. The three non-priced factors when combined are considered more important than Price. Although Price is the less important evaluation factor, it is important and will be seriously considered. The degree of its importance will increase with the degree of equality of the proposals in relation to Technical Approach, or when it is so significantly high as to diminish the value of the technical superiority to the Government.

PAST PERFORMANCE WORKSHEET

Past Performance Worksheet

(To be completed by the offeror)

1. Contract Number:_____________________________

2. Contractor (Name, Address and Zip Code)

3. Type of Contract/Task Order: Negotiated___________ Sealed Bid___________

Fixed Price__________ Cost Reimbursement__________

Hybrid (explain) _________________________________

4. Complexity of Work: Difficult_________ Routine_________

5. Description, location & relevancy of work:

6. Contract Dollar Value:____________ Status:

Active__________ Complete_______

7. Date of Award:__________________

Contract Completion Date (including extensions):______________

8. Type and extent of Subcontracting:

9. Name, Address, Tel. No. & e-mail of the procuring Contracting Officer and/or the

Contracting Officer's Representative (COR) (and other references, e.g. Administrative

Contracting Officer, if applicable):

STATEMENT OF WORK

PERFORMANCE WORK STATEMENT

16 DECEMBER 2016

PERIOD OF PERFORMANCE:

START DATE: (upon issue of Contract Award)

COMPLETION DATE: 30 November 2018

SHORT TITLE: Support for Naval War College (NWC) Combined Force Maritime Component Commanders

(CFMCC) Course of Instruction

1. PLACE(S) OF PERFORMANCE

The work shall be performed on-site at the Commander, U.S. Pacific Fleet Headquarters in Pearl Harbor, Hawaii and the Commander, Sixth Fleet Headquarters in Naples, Italy. The contractor is authorized to have direct technical liaison with the sponsor and government program personnel on site at these locations.

2. SECURITY REQUIREMENTS

The minimum level of security required for this tasking is Unclassified. Contractor’s request for visit authorization will be submitted in accordance with Department of Defense (DOD) 5220.22M National Industrial Security Program

Operating Manual (NISPOM) not later than one week prior to visit. Requests will be forwarded through Security Office, Naval War College, Newport, RI for certification of "need to know".

3. DESCRIPTION OF WORK

3.1 Scope

The NWC has a requirement to provide executive (Flag level) education support. Specific areas of support are for development, support and analysis of training and education planning courses developed specifically for the operational level of war (OLW). The CFMCC courses are designed to prepare international and U.S. Flag Officer attendees for theater-level combat leadership and to provide a broad perspective of operational and strategic levels of war. The CFMCC course is taught in Hawaii and Italy to support regional maritime commanders and senior leaders attending (as students) and lecturing (as guest speakers) at the course. NWC resident faculty members prepare and coordinate the course syllabus, procure teaching materials, and fund administrative expenses. Because the course attendees are 1 and 2 star US and foreign flag officers, it is necessary to contract an individual who can serve as a senior international Subject Matter Expert (SME) to support faculty for the course and facilitate discussion and interaction.

Contractor shall provide support for curriculum development, research and analysis and executive education support.

This task requires extensive understanding of Maritime Component Command activities, Coalition Operations, and Joint

Professional Military Education. Consultants may be used in support of task completion. The contractor will perform the following tasks:

Provide executive-level education in Combined Force Maritime Component Command and Control.

Conduct lectures, briefings, presentations on Coalition Operations.

Conduct curriculum review of courseware prior to the CFMCC event.

Provide Coalition expertise, and briefings, on operational issues, and coordination of executive leadership requirements.

Conduct liaison with Senior Military officers on regional coalition operations.

Provide opening remarks and assist NWC in facilitation of CFMCC events.

Provide attendees with high level regional perspectives.

Provide national strategic perspective on maritime command and control issues.

Provide executive education on the latest doctrine, strategies, and concepts of interest to the College of

Operational Strategic Leadership (COSL).

Provide insight into Department of State, Interagency and International perspectives on coalition military operations.

3.2 Minimum Qualifications and Skills

The qualifications for this position are unique in that they require a combination of professional education, operational experience in maritime warfare at senior/executive levels, familiarity with the regional maritime issues, an understanding of Naval War College missions and functions, and competence in teaching at the graduate level. The international

Subject Matter Expert (SME) will have extensive experience as a senior military decision-maker (flag rank) exercising

Command and Control over coalition Naval Forces, with expertise in multi-national maritime operations, implementation of national strategy, and coalition plans at the operational level, ideally as a Fleet Commander in the

SME’s Navy. SME may be a consultant, but must be able to conduct direct and productive interaction with Flag and

General officers in the discussion of multinational maritime operations and interoperability. SME shall be directly responsible for the development, execution management, and analysis of Combined Force Maritime Component

Commanders (CFMCC) educational events. Served as subject matter expert for Combined Force Maritime Component

Commanders course of instruction. This event is a forum for Flag and General Officer executive education (Joint

Professional Military Education). Specifically, the contracted Foreign Subject matter Expert shall have the following qualifications:

Foreign Senior 3/4 Star Navy Flag Officer, nationality should preferably be a Treaty Partner of US with a medium to large navy. This would limit pool of nations to navies with 3/4 star NAVY flag officers- Indian, German, French, British, Japanese, Republic of Korea, Singaporean, Canadian, Chilean, Italian.

Experience as Chief of Navy medium/larger size Navy or Fleet commander Larger size Navy-

Command experience in large multinational naval exercises/operations that include US naval forces.

Individual has to be considered a peer to a US Fleet Commander since close course interaction will occur

Highly proficient English speaking level

ESTIMATED LABOR FOR TASK ORDER

The anticipated number of course hours to administer the course is shown below which includes on site hours for class instruction, pre and post course preparation and teleconference time.

Labor Category Hours

Subject Matter Expert (Coalition Operations) CFMCC

Pearl Harbor, Hawaii

Subject Matter Expert (Coalition Operations) CFMCC

Naples, Italy

Total 158

4. TRAVEL REQUIREMENTS

For estimating purposes the number of days and nights are shown below. The exact dates for the Period of Performance will be given upon contract award.

Trip # # People # Days/Nights To (Location) Period of

Performance

1 1 8/9 Honolulu, Hawaii February 2018

2 1 5/6 Naples, Italy Oct/Nov 2018

5. DELIVERABLES

Deliverables shall be submitted in accordance with the Contract Data Requirements List (CDRLs).

6. TECHNICAL POINT OF CONTACT

Contracting Officer

Jason Hewitt

Phone: (401) 841-6546

E-mail: Jason.hewitt@usnwc.edu

CONTRACTOR UNCLASSIFIED ACCESS

Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information

Technology (IT) Systems or Protected Health Information

(July 2013)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement

Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type

Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-

12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected

Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by

DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

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

Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy Command’s Security Manager upon arrival to the Navy

Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI).

All contractor employees under this contract who require access to Privacy Act protected information are therefore mailto:Jason.hewitt@usnwc.edu categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information

Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the

National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a

SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N;

therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”.

The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The Navy Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or

DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

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. Navy recognizes contractor employees under this contract as Non-

Critical Sensitive [ADP/IT-II] when the contract 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 by

DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

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

Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The

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

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy

Command’s Security Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s Information Assurance Manager. Completion and approval of a

System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy

Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual

Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command

Security Manager. The Navy Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command’s Security

Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy

VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT

Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR

CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES

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

Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the

United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

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

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

SF-85 Questionnaire for Non-Sensitive Positions

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

Original Signed Release Statements

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

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

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III

(non-sensitive) access is required for non-US citizens outside the United States.

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-7 System for Award Management OCT 2016

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-3 Offeror Representations and Certifications--Commercial

Items

NOV 2017

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are considered more important than Price.. (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

https://www.sam.gov/portal

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

http://www.dol.gov/fairpayandsafeworkplaces

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One…