N00183-15-T-1264.pdf
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- Audiology Booths Federal contract opportunity
- Solicitation number
- N00183-15-T-1264
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NAVAL HOSPITAL BEAUFORT
1 PINCKNEY BOULEVARD
BEAUFORT SC 29902-6148
TEL: 843-228-5375 FAX: 843-228-5532
SEE SCHEDULE
REQUEST FOR QUOTATIONS
(THIS IS NOT AN ORDER) 1
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED RATING
N00183-15-T-1264 28-Aug-2015
5a. ISSUED BY
8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE
IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this
Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State, and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e) (f)
SEE SCHEDULE
AMOUNT
% No. %
NO TE: Additional provisions and representations [ ] are [ ] are not attached.
13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
15. DATE OF
QUOTATION
16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)
TELEPHONE NO.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)
PREVIOUS EDITION NOT USABLE Prescribed by GSA
FAR (48 CFR) 53.215-1(a)
THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE
6. DELIVER BY (Date)
SEE SCHEDULE
AND/OR DMS REG. 1
UNDER BDSA REG. 2
4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE
REQUEST NO.
NAVAL MEDICAL CENTER
MMD/CONTRACTING DIVISION
ATTN: MICHAEL DAVIS
54 LEWIS MINOR STREET
PORTSMOUTH VA 23708-2297
9. DESTINATION (Consignee and address, including ZIP Code)
7. DELIVERY
[ ]X FOB
DESTINATION
[ ] OTHER
(See Schedule)
01-Sep-2015(Date)
PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.
757-953-2671MICHAEL G. DAVIS
(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:
d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS
N00183-15-T-1264
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
TIN:
CAGE:
DUNS:
Vendor Point of Contact:
Phone:
Vendor email:
Billing/Payment in Arrears.
Naval Medicine East Contracting POC:
Michael G. Davis
Phone: 757-953-5084
Fax: 757-953-5006
Email: michael.g.davis179.civ@mail.mil
Product/Services for:
Naval Dosimetry Center
POC: Michael Folk
Phone: 843-228-5692
Email: michael.folk2.civ@mail.mil
Vendor to reference RFQ number N00183-15-T-1264 on all inquires.
Reference:
PROMPT PAYMENT
For Prompt Payment Act Purposes, this contract is:
Subject to the 7-calender day constructive acceptance period.
mailto:michael.g.davis179.civ@mail.mil mailto:michael.folk2.civ@mail.mil
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
AUDIOMETRIC BOOTH
FFP
AUDIOMETRIC BOOTH
FOB: Destination
MILSTRIP: N6133751914263
VENDOR PART NR: 6-MAN AUDIO BOOTH
PURCHASE REQUEST NUMBER: N6133751914263
NET AMT
0002 1 Each
INSTALLATION OF SOUND ROOM
FFP
FOB: Destination
MILSTRIP: N6133751914265
MFR PART NR: SOUND ROOM INSTALL
VENDOR PART NR: SOUND ROOM INSTALL
PURCHASE REQUEST NUMBER: N6133751914265
0003 1 Each
SOUND ROOM RELOCATION
FFP
SOUND ROOM RELOCATION
FOB: Destination
MILSTRIP: N6133751914266
MFR PART NR: SOUND ROOM RELOCATION
VENDOR PART NR: SOUND ROOM RELOCATION
PURCHASE REQUEST NUMBER: N6133751914266
0004 1 Each
FREIGHT
FFP
FREIGHT COST FOR AUDIO BOOTH
FOB: Destination
MILSTRIP: N6133751914264
VENDOR PART NR: SOUND ROOM FREIGHT
PURCHASE REQUEST NUMBER: N6133751914264
0005 1 Each
AUDIOMETRIC BOOTH
FFP
AUDIOMETRIC BOOTH, DOUBLE EXAM/SINGLE WALL CONTROL:
OUTSIDE DIMENSIONS: 13"-0 WIDE BY 10'-0 DEEP BY 8'-10' HIGH
(INCLUDES VENTILATION)
FOB: Destination
MILSTRIP: N6133751914270
MFR PART NR: 2 MAN BOOTH
VENDOR PART NR: 2 MAN BOOTH
PURCHASE REQUEST NUMBER: N6133751914270
0006 1 Each
SOUND ROOM FREIGHT 2
FFP
SOUND ROOM FREIGHT
FOB: Destination
MILSTRIP: N6133751914267
MFR PART NR: SOUND ROOM FREIGHT 2
VENDOR PART NR: SOUND ROOM FREIGHT 2
PURCHASE REQUEST NUMBER: N6133751914267
0007 1 Each
SOUND ROOM INSTALL DOUBLE
FFP
SOUND ROOM INSTALL DOUBLE
FOB: Destination
MILSTRIP: N6133751914268
MFR PART NR: SOUND ROOM INSTALL DOUBLE
VENDOR PART NR: SOUND ROOM INSTALL DOUBLE
PURCHASE REQUEST NUMBER: N6133751914268
Section C - Descriptions and Specifications
STATEMENT OF WORKS (SOW)
MINIMUN REQUIREMENTS
The selected vendor must provide and install:
1 ea. Audio Booth, double exam/single wall control: Outside Dimensions: 13’-0” wide by 10’-
0” deep by 8’-10” high (includes ventilation).
1 ea Sound Room Freight
1 ea Sound Room Installation – double wall 6 man booth
1 ea 6 man double walled audio booth; outside 10’4” by 11’0” – windows in door, plus extra exam window
1 ea Sound Room Freight
1 ea Sound Room Installation – double wall 6 man booth
1 ea Sound Room Relocation and disassemble/removal of existing 6 man double wall booth and clinical double exam/double control take to DRMO on base, unload as needed.
Audiology Booth (equivalent or better / the Government shall retain the sole right to determine equal or better). The work of this requirement shall be considered as a “turn key” installation.
The vendors price must be inclusive of all cost including labor, material and delivery and set up to the Audiology Clinic at Naval Hospital Beaufort, SC. As a minimum the vendor shall:
Provide 2 ea. Audiology Booths as noted above complete with all support items o Finished floors, ceilings and walls (inside & out) o Sound proof walls o Viewing windows o HVAC Connection with ventilation silencers o Interior lighting o “Jack connections” for test equipment
Provide “turn key’ installation services, complying to manufactures and industry standards as they apply. The vendor shall comply with local building codes as they apply to the installation of any equipment. IE: compliance required for the final electrical and
HVAC connections.
Protect the Governments facility from damage during work. Protection to include but not limited to walls, floors and grounds.
Test / calibrate all installed equipment to include but not limited to ensurance of sound deadening capabilities of installed booth.
All supplied items to include installation services are to be warranted for a period of no less than 1 year. Vendor is to repair / replace / correct defects within 5 days of reported discrepancies at no additional cost to the Government.
All supplied items are to be certified for use in US Naval Base Medical Facilities.
Provide onsite training in the use, care and operation of installed equipment.
Vendor shall remove & dispose of existing booth & unusable parts.
Received equipment must be available for installation on site and must be designed in a manner that will allow items to be transported through standard door openings (ie: vendor is responsible to ensure that all items can be delivered on-site through existing building openings. The
Government will not make building alterations to accommodate this requirement).
Section E - Inspection and Acceptance
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
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
0007 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-16 Responsibility For Supplies APR 1984
252.246-7000 Material Inspection And Receiving Report MAR 2008
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 13-OCT-2015 1 NAVAL HOSPITAL BEAUFORT
1 PINCKNEY BOULEVARD
BEAUFORT SC 29902-6148
843-228-5375
FOB: Destination
N61337
0002 13-OCT-2015 1 (SAME AS PREVIOUS LOCATION)
0003 13-OCT-2015 1 (SAME AS PREVIOUS LOCATION)
0004 13-OCT-2015 1 (SAME AS PREVIOUS LOCATION)
0005 13-OCT-2015 1 (SAME AS PREVIOUS LOCATION)
0006 13-OCT-2015 1 (SAME AS PREVIOUS LOCATION)
0007 13-OCT-2015 1 (SAME AS PREVIOUS LOCATION)
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.247-34 F.O.B. Destination NOV 1991
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the
Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.
Section G - Contract Administration Data
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)
(a) Definitions. As used in this clause--
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
INVOICE AND RECEIVING REPORT COMBO
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
DESTINATION / DESTINATION
https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0248
Issue By DoDAAC N00183
Admin DoDAAC N00183
Inspect By DoDAAC N/A
Ship To Code N61337
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N61337
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS
Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
WAWF Acceptor/COR Email Address: brian.d.jackson60.mil@mail.mil
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause) mailto:brian.d.jackson60.mil@mail.mil mailto:usn.detrick.navmedlogcomftdmd.list.nmlc-wawf@mail.mil
Section H - Special Contract Requirements
N00183-0004 PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION
1. Introduction
In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Business Associate meets the definition of Business Associate. Therefore, a Business Associate
Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA)
Privacy and Security regulations. This clause serves as that agreement whereby the Business Associate agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.
a. Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R.
(1) HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.
(2) Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).
(3) Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.
(4) Protected Health Information has the same meaning as the term “protected health information” in 45 CFR
160.103, limited to the information created or received by the Business Associate from or on behalf of the
Government pursuant to the Contract.
(5) Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.
(6) Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.
(7) Secretary means the Secretary of the Department of Health and Human Services or his/her designee.
(8) Security Incident will have the same meaning as the term “security incident” in 45 CFR 164.304, limited to the information created or received by Business Associate from or on behalf of Covered Entity.
(9) Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part
164, subpart C.
(10) Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45
CFR 160.103, 160.502, 164.103, 164.304, and 164.501.
b. The Business Associate shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.
c. The Business Associate shall use appropriate safeguards to maintain the privacy of the Protected Health
Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this
Contract.
d. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and
164.312, and the requirements for policies and procedures and documentation in 45 CFR 164.316 shall apply to
Business Associate. The additional requirements of Title XIII of the HITECH Act that relate to the security and that are made applicable with respect to covered entities shall also be applicable to Business Associate. The Business
Associate agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.
e. The Business Associate shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the
Business Associate in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at:
http://www.tricare.mil/tmaprivacy/breach.cfm
f. The Business Associate shall report to the Government any security incident involving protected health information of which it becomes aware.
g. The Business Associate shall report to the Government any use or disclosure of the Protected Health
Information not provided for by this Contract of which the Business Associate becomes aware.
h. The Business Associate shall ensure that any agent, including a sub Business Associate, to whom it provides
Protected Health Information received from, or created or received by the Business Associate, on behalf of the
Government, agrees to the same restrictions and conditions that apply through this Contract to the Business
Associate with respect to such information.
i. The Business Associate shall ensure that any agent, including a subBusiness Associate, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.
j. The Business Associate shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the
Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR
164.524.
k. The Business Associate shall make any amendment(s) to Protected Health
Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.
l. The Business Associate shall make internal practices, books, and records relating to the use and disclosure of
Protected Health Information received from, or created or received by the Business Associate, on behalf of the
Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the
Government’s compliance with the Privacy Rule.
m. The Business Associate shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.
n. The Business Associate shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the
Government to respond to a request by an Individual for an accounting of disclosures of Protected Health
Information in accordance with 45 CFR 164.528.
2. General Use and Disclosure Provisions
Except as otherwise limited in this Clause, the Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health
Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD
8580.02-R if done by the Government. The additional requirements of Title XIII of the HITECH Act that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to Business Associate.
3. Specific Use and Disclosure Provisions
a. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the
Business Associate.
b. Except as otherwise limited in this Clause, the Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate, provided that disclosures are required by law, or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
c. Except as otherwise limited in this Clause, the Business Associate may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).
d. Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).
4. Obligations of the Government
Provisions for the Government to Inform the Business Associate of Privacy Practices and Restrictions
a. The Government shall provide the Business Associate with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.
b. The Government shall provide the Business Associate with any changes in, or revocation of, permission by
Individual to use or disclose Protected Health
Information, if such changes affect the Business Associate’s permitted or required uses and disclosures.
c. The Government shall notify the Business Associate of any restriction to the use or disclosure of Protected
Health Information that the Government has agreed to in accordance with 45 CFR 164.522.
5. Permissible Requests by the Government
The Government shall not request the Business Associate to use or disclose
Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the
HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and
DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Business Associate as otherwise permitted by this clause.
6. Termination
a. Termination. A breach by the Business Associate of this clause, may subject the Business Associate to termination under any applicable default or termination provision of this Contract.
b. Effect of Termination.
(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below
(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Business Associate shall return or destroy all
Protected Health Information received from the Government, or created or received by the Business Associate on behalf of the Government. This provision shall apply to Protected Health Information that agents of the Business
Associate may come in contact. The Business Associate shall retain no copies of the Protected Health Information.
(3) If this contract does not have records management provisions and the Business Associate determines that returning or destroying the Protected Health Information is infeasible, the Business Associate shall provide to the
Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the
Government and the Business Associate that return or destruction of Protected Health Information is infeasible, the
Business Associate shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such Protected Health Information.
7. Miscellaneous
a. Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy
Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required.
b. Survival. The respective rights and obligations of Business Associate under the “Effect of Termination” provision of this Clause shall survive the termination of this Contract.
c. Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the
Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security
Rule.
N00183-0020 CONTRACTOR ACCESS TO FEDERALLY CONTROLLED FACILITIES
AND/OR UNCLASSIFIED SENSITIVE INFORMATION OR UNCLASSIFIED IT
SYSTEMS (DEC 2011)
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 Privacy Act information on a DoD computer/network. It is the responsibility of the command/facility where the work is performed to ensure compliance.
Each contract worker providing services at a Navy command under this contract is required to obtain a Common
Access Card. Additionally, depending on the level of computer/network access, that contract worker will also require a successful investigation as detailed below.
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 Navy Command'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.
ACCESS TO FEDERAL FACILITIES
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) and Navy implementing memorandum dated May 28, 2010 direct implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.
Per HSPD-12 and implementing guidance, all contractors working at a federally controlled base, facility or activity under this clause will require a Common Access Card.
ACCESS TO DOD SYSTEMS
In accordance with SECNAV M-5510.30, contractors who require access to DoD networks are categorized as IT-I, IT-II, or IT-III. This clause applies to contractors who require IT-II privileged access to a DoN or DoD unclassified computer/network; 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).
PROCEDURES
To obtain a favorable determination, each contractor employee must have a favorably completed National Agency
Check with Local Credit Checks (NACLC) which consists of a NACI including a FBI fingerprint check plus credit and law enforcement checks. Each contractor employee is required to complete:
.SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)
.Two FD-258 Applicant Fingerprint Cards
.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. To maintain continuing authorization for an employee to access Privacy Act information on a DoD unclassified computer/network, the contractor shall ensure that the individual employee has a current requisite background investigation. The Contractor's Security Representative shall be responsible for initiating reinvestigations as required and ensuring that background investigations remain current (not older than 10 years) throughout the contract performance period.
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 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.
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.
The Contractor's Security Representative shall ensure that each individual employee pending assignment shall accurately complete the required forms for submission to the Navy Command Security Manager. The Contractor's
Security Representative shall screen the investigative questionnaires for completeness and accuracy and for potential suitability/security issues prior to submitting the request to the Navy Command's Security Manager. Forms and fingerprint cards may be obtained from the Navy Command's Security Manager. These required items, shall be forwarded to the Navy Command's Security Manager for processing at least 30 days prior to the individual employee's anticipated date for reporting for duty. The Navy Command's Security Manager will review the submitted documentation for completeness and accuracy prior to submitting it to the Office of Personnel
Management (OPM). Suitability/security issues identified by the Navy may render the contract 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.
If contractor employees already possess a current favorably adjudicated investigation, the Navy Command's
Security Manager will use the Visit Authorization Request (VAR) via the Joint Personnel Adjudication System
(JPAS). 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.
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 eligibility determination.
DENIAL OF ACCESS
The potential consequences of any requirements under this clause including denial 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 physical access to a federally controlled facility and/or access to a federally-controlled information system/network and/or access to government information.
INTERIM ACCESS
The Navy Command's Security Manager may authorize issuance of a CAC card and interim access to a DoN or
DoD unclassified computer/network upon a favorable review of the SF-86 questionnaire and advance fingerprint results. When the results of the investigation are received and a favorable determination is not made, contractor employees working on the contract under interim access shall be removed immediately and will no longer be authorized to work on the contract.
INFORMATION ONLY: This document has been designated for posting to the Navy Electronic Commerce Online
(NECO) at http://www.neco.navy.mil
Section I - Contract Clauses
52.203-3 Gratuities APR 1984
52.204-7 System for Award Management JUL 2013
52.204-13 System for Award Management Maintenance JUL 2013
52.211-5 Material Requirements AUG 2000
52.222-50 Combating Trafficking in Persons MAR 2015
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984
52.233-3 Protest After Award AUG 1996
52.243-1 Changes--Fixed Price AUG 1987
52.246-1 Contractor Inspection Requirements APR 1984
52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.232-7001 Disposition Of Payment DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.243-7001 Pricing Of Contract Modifications DEC 1991
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
(a) Definition.
"Small business concern," as used in this clause, 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 size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and
16.505(b)(2)(i)(F).
(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clauses http://acquisition.gov/far/
DFAR Clauses http://www.acq.osd.mil/dpap/dars/dfars/index.htm
252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing
Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
http://acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfars/index.htm
252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV
2013)
(a) Definitions. As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Attribution information means information that identifies the Contractor, whether directly or indirectly, by the grouping of information that can be traced back to the Contractor (e.g., program description or facility locations).
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor information system means an information system belonging to, or operated by or for, the Contractor.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
Cyber incident means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.
Exfiltration means any unauthorized release of data from within an information system. This includes copying the data through covert network channels or the copying of data to unauthorized media.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.
Technical information means technical data or computer software, as those terms are defined in the clause at
DFARS 252.227-7013, Rights in Technical Data--Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequate security to safeguard unclassified controlled technical information from compromise. To provide adequate security, the Contractor shall—
(1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have unclassified controlled technical information resident on or transiting through them. The information systems security program shall implement, at a minimum—
(i) The specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in the following table; or
(ii) If a NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how—
(A) The required security control identified in the following table is not applicable; or
(B) An alternative control or protective measure is used to achieve equivalent protection.
(2) Apply other information systems security requirements when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.
Table 1--Minimum Security Controls for Safeguarding
Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph (d) of this clause. (A description of the security controls is in the NIST SP 800-53, ``Security and Privacy Controls for Federal Information Systems and Organizations''
(http://csrc.nist.gov/publications/PubsSPs.html).)
Access Control
AC-2
AC-3(4)
AC-4
AC-6
AC-7
AC-11(1)
AC-17(2)
AC-18(1)
AC-19
AC-20(1)
AC-20(2)
AC-22
Audit &
Accountability
AU-2
AU-3
AU-6(1)
AU-7
AU-8
AU-9
Identification and
Authentication
IA-2
IA-4
IA-5(1)
Media Protection
MP-4
MP-6
System & Comm
Protection
SC-2
SC-4
SC-7
SC-8(1)
SC-13
SC-15
SC-28
Physical and
Environmental
Protection
PE-2
PE-3
PE-5
Incident
Response
IR-2
IR-4
IR-5
IR-6
Configuration
Management
CM-2
CM-6
CM-7
CM-8
Program Management
PM-10
System &
Information
Integrity
SI-2
SI-3
SI-4
Maintenance
MA-4(6)
MA-5
MA-6
Risk Assessment
RA-5
Awareness &
Training
AT-2
Contingency
Planning
CP-9
Legend:
AC: Access Control
AT: Awareness and Training MP:
AU: Auditing and Accountability
CM: Configuration Management
CP: Contingency Planning
IA: Identification and Authentication
IR: Incident Response
MA: Maintenance
MP: Media Protection
PE: Physical & Environmental Protection
PM: Program Management
RA: Risk Assessment
SC: System & Communications Protection
SI: System & Information Integrity http://csrc.nist.gov/publications/PubsSPs.html)
(c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federal and DoD safeguarding requirements for Controlled Unclassified
Information as established by Executive Order 13556, as well as regulations and guidance established pursuant thereto.
(d) Cyber incident and compromise reporting.
(1) Reporting requirement. The Contractor shall report as much of the following information as can be obtained to the Department of Defense via (http://dibnet.dod.mil/) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause, that affects unclassified controlled technical information resident on or transiting through the Contractor's unclassified information systems:
(i) Data Universal Numbering System (DUNS).
(ii) Contract numbers affected unless all contracts by the company are affected.
(iii) Facility CAGE code if the location of the event is different than the prime Contractor location.
(iv) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email).
(v) Contracting Officer point of contact (address, position, telephone, email).
(vi) Contract clearance level.
(vii) Name of subcontractor and CAGE code if this was an incident on a subcontractor network.
(viii) DoD programs, platforms or systems involved.
(ix) Location(s) of compromise.
(x) Date incident discovered.
(xi) Type of compromise (e.g., unauthorized access, inadvertent release, other).
(xii) Description of technical information compromised.
(xiii) Any additional information relevant to the information compromise.
(2) Reportable cyber incidents. Reportable cyber incidents include the following:
(i) A cyber incident involving possible exfiltration, manipulation, or other loss or compromise of any unclassified controlled technical information resident on or transiting through Contractor's, or its subcontractors', unclassified information systems.
(ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the
Contractor's unclassified information system on which unclassified controlled technical information is resident on or transiting.
(3) Other reporting requirements. This reporting in no way abrogates the Contractor's responsibility for additional safeguarding and cyber incident reporting requirements pertaining to its unclassified information systems under other clauses that may apply to its contract, or as a result of other U.S. Government legislative and regulatory requirements that may apply (e.g., as cited in paragraph (c) of this clause).
http://dibnet.dod.mil/
(4) Contractor actions to support DoD damage assessment. In response to the reported cyber incident, the Contractor shall—
(i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber incident to include, but is not limited to, identifying compromised computers, servers, specific data and users accounts. This includes analyzing information systems that were part of the compromise, as well as other information systems on the network that were accessed as a result of the compromise;
(ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical information associated with DoD programs, systems or contracts, including military programs, systems and technology; and
(iii) Preserve and protect images of known affected information systems and all relevant monitoring/packet capture data for at least 90 days from the cyber incident to allow DoD to request information or decline interest.
(5) DoD damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor point of contact identified in the incident report at (d)(1) of this clause provide all of the damage assessment information gathered in accordance with paragraph (d)(4) of this clause. The Contractor shall comply with damage assessment information requests. The requirement to share files and images exists unless there are legal restrictions that limit a company's ability to share digital media. The Contractor shall inform the
Contracting Officer of the source, nature, and prescription of such limitations and the authority responsible.
(e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, the Government will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes, regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. The Government may use information, including attribution information and disclose it only to authorized persons for purposes and activities consistent with this clause.
(f) Nothing in this clause limits the Government's ability to conduct law enforcement or counterintelligence activities, or other lawful activities in the interest of homeland security and national security. The results of the activities described in this clause may be used to support an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on a contractor information system in violation of any statute.
(g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items.
252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN
2008)
(a) The Contractor shall ensure that personnel accessing information systems have the proper and current information assurance certification to perform information assurance functions in accordance with DoD 8570.01-M, Information Assurance Workforce Improvement Program. The Contractor shall meet the applicable information assurance certification requirements, including--
(1) DoD-approved information assurance workforce certifications appropriate for each category and level as listed in the current version of DoD 8570.01-M; and
(2) Appropriate operating system certification for information assurance technical positions as required by DoD
8570.01-M.
(b) Upon…
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