N0018918RZ028-0001.docx

N0018918RZ028

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

LOCAL CLAUSES

ORGANIZATIONAL CONFLICT OF INTEREST

(a) Definitions - In this clause:

(b) Restrictions on Contracting—the contractor agrees that during the term of this contract, and for a period of 24 months thereafter, that:

(i) If the Contractor and any affiliates perform under this contract, neither the Contractor nor its affiliates who performed under this contract shall:

(1) Enter into any contract for the provision of;

(2) Create for themselves any interest in the contractors providing;

(3) Consult, discuss, or otherwise disclose any aspect of work under this contract, unless required under the terms of this contract, with contractors providing; or

(4) Furnish to the United States Government, either as a prime contractor or as a subcontractor, any:

Supplies, services, and/or materials resulting from the work performed by the contractor under this contract related to Navy MPTE and the MPTE IT Transformation Initiative.

(ii) The contractor further agrees that neither it nor its affiliates will conduct a review nor make recommendations under this contract concerning any item which is the product of work performed by the contractor or its affiliates under any other contract.

(c) Restrictions on Newly Identified Conflicts of Interest

(i) The contractor recognizes that during the term of this contract newly identified requirements may result in potential conflicts with previous or existing efforts performed by the contractor or its affiliates. In such events, the contractor agrees to immediately disclose to the Government information concerning such potential conflict.

(ii) The Contracting Officer shall have the sole discretion to determine whether a potential Organizational Conflict of Interest exists concerning any interest or contract which arises or is identified during the term of this contract. The Contracting Officer may take such steps as are necessary in the best interest of the Government to eliminate a potential conflict.

(d) Non-Disclosure of Proprietary Data

Certain information of a proprietary nature may be submitted to the Government by a contractor. While performing under this contract, the prime contractor and any subcontractors may receive this information. The prime contractor and any subcontractors agree to use and examine this information exclusively in the performance of this contract and to take the necessary steps to prevent disclosure of such information to any party outside the Government, as long as it remains proprietary. The contractor and the subcontractors agree to indoctrinate their affiliates who will have access to this information as to the proprietary nature of the information and the relationship under which they have possession of the information. Affiliates will also be informed that they may not engage in any other action, venture, or employment where this information will be used for profit of any party other than the party furnishing this information. Additionally, the contractor and subcontractors agree to execute agreements to this effect with companies providing proprietary data for performance under this contract. The contractor and its subcontractors will restrict access to proprietary information to the minimum number of employees for performance of this contract.

(e) Government Remedy

The contractor agrees that any breach or violation of the warranties, restrictions, disclosures or non-disclosures set forth in this conflict of interest clause shall constitute a material and substantial breach of terms, conditions, and provisions of the contract and that the Government may, in addition to any other remedy available, terminate the contract for default.

MINIMUM AND MAXIMUM QUANTITIES (MULTIPLE AWARDS CPFF IDIQ)

This contract is one of a set of Multiple Award Contracts (MAC). As referred to in paragraph (b) of the “Indefinite Quantities” clause of these contracts, each MAC contract has a total contract minimum quantity of $10,000.00 worth of orders. The contract maximum for this individual contract is a total of $ ** worth of orders and 2,609,280 hours of effort.

The maximum value of the MAC program is $ **; however, the Contracting Officer may issue orders beyond this value in accordance with paragraph (e) of the Level of Effort clause, provided the total hours ordered do not exceed the hours of effort shown above. Similarly, the Contracting Officer may issue orders beyond the maximum hours of effort shown in paragraph (a) above in accordance with paragraph (e) of the Level of Effort clause, provided the total MAC program value does not exceed the maximum dollar values shown in this paragraph (b).

**TBD at time of award

NON-DISCLOSURE AND NON-USE OF INFORMATION AND/OR DATA

(a) Sensitive and/or Proprietary Information and/or Data In the course of performing this contract, contractor personnel may obtain certain sensitive, non-public information and/or data. Such information may be provided by the Navy for the purposes of performance. Other such information may be obtained (indirectly or informally) in the course of working in close proximity to Government personnel in the Government workplace. Sensitive, non-public information includes, without limitation, information relating to the Navy’s research, development, products, trade secrets, know-how, contingency plans, budgeting, customers, finances, procurements (including, but not limited to source selection information), pre-deliberative information, personnel, personally identifiable information, and any other related information without regard for whether such information and/or data would otherwise be deemed secret or routine. Sensitive, non-public information can also include proprietary third party information including but not limited to the research, development, products, trade secrets, and know-how of other contractors. All such information and/or data shall be deemed to be “sensitive and/or proprietary,” whether or not designated or marked.

(b) PPBE Documents and Data Planning, Programming, Budgeting, and Execution (PPBE) documents and data as described in DoD Directive 7045.14, “The Planning, Programming, and Budgeting System,” May 22, 1984, Change 1, July 28, 1990 and Deputy Secretary of Defense Memorandum, “Control of Planning, Programming, Budgeting, and Execution (PPBE) Documents and Information,” 27 March 2004) obtained, received, or learned by the Contractor and/or its personnel and/or subcontractors as a result of performance of this contract shall be deemed to be “sensitive” and/or “proprietary” whether or not such data is so designated or marked. The Contractor and its personnel and subcontractors who obtain, receive, or learn of PPBE documents and data in the course of performance of this contract shall restrict its access to the minimum number of contractor personnel or subcontractors necessary for performance of this contract. No one who prepares offers, proposals, bids, and/or quotations for Government and/or non-Government procurements shall be provided access to PPBE documents or data. The Contractor shall ensure that each of its personnel and subcontractors who obtains, receives, or gains knowledge of such information and/or data as a result of performance of this contract understands and complies with this “Non-Disclosure and Non-Use of Information and/or Data” provision.

(c) Non-Disclosure of Information and/or data The Contractor and its personnel and subcontractors shall disclose sensitive and/or proprietary information and/or data obtained, received, or learned as a result of performance of this contract only to Contractor personnel directly performing under this contract and to United States Department of Defense personnel to whom disclosure of such sensitive and/or proprietary information and/or data is required in performance of this contract. The Contractor and its personnel and subcontractors shall not disclose such information and/or data to anyone who prepares offers, proposals, bids, and/or quotations for Government and/or non-Government procurements. The Contractor and its personnel and subcontractors shall take all steps necessary to prevent disclosure of such sensitive and/or proprietary information and/or data except as specifically permitted herein.

(d) Non-Use of Information and/or Data The Contractor and its personnel and subcontractors shall use sensitive and/or proprietary information and/or data obtained, received, or learned as a result of performance of this contract, whether in paper or electronic format or received orally, only in direct performance of this contract and for no other purpose. The Contractor and its personnel and subcontractors shall not use or consider such information and/or data in the preparation of any offer, proposal, bid, and/or quotation for any Government and/or non-Government procurement. The Contractor and its personnel and subcontractors shall take all steps necessary to prevent use of such information and/or data except as specifically permitted herein. Contractor employees shall not disclose such information and/or data to persons other than United States Department of Defense personnel and to other contractor personnel on a need-to-know basis for performance of the contract, except as otherwise approved by the Contracting Officer in writing, and unless required by court order or applicable law, or unless necessary to conduct a judicial or administrative inquiry.

(e) Non-Disclosure/Non-Use Agreements

(1) Before any of the Contractor’s personnel or the personnel of any tier subcontractor becomes involved in performance of this contract, the Contractor shall obtain a non-disclosure/non-use agreement signed by that person. The non-disclosure/non-use agreement shall state that:

(A) He/she shall disclose sensitive and/or proprietary information and/or data obtained, received, or learned by him/her as a result of performance of this contract only to contractor personnel directly performing under this contract and to United States Department of Defense personnel to whom disclosure of such data is required in performance of this contract.

(B) He/she shall not disclose sensitive and/or proprietary information and/or data obtained, received, or learned as a result of performance of this contract to anyone who prepares offers, proposals, bids, and/or quotations for Government and/or non-Government procurements.

(C) He/she shall use sensitive and/or proprietary information and/or data obtained, received, or learned as a result of performance of this contract only in direct performance of this contract and for no other purpose.

(D) He/she shall not use or consider sensitive and/or proprietary information and/or data obtained, received, or learned as a result of performance of this contract in the preparation of any offer, proposal, bid, and/or quotation for any Government and/or non-Government procurement.

(2) Any access by contractor personnel or the personnel of any tier subcontractor to the Navy’s Program Budget Information System (PBIS) requires specific authorization. Such access will only be provided when necessary for performance of the contract’s requirements. A separate “PBIS Data Access Certificate of Nondisclosure” must be signed and provided to the designated PBIS administrator before such access will be authorized.

(3) In the event that the Contractor, its personnel, and or subcontractors will obtain, receive, or learn sensitive and/or proprietary information and/or data of other entities as a result of performance of this contract, the Contractor shall execute a non-disclosure/non-use agreement with each such entity prior to having access to the sensitive and/or proprietary information and/or data provided by the entity.

(f) Requirement to Disclose Sensitive and/or Proprietary Information and/or data If the Contractor, its personnel and/or is subcontractors receive a court order requiring disclosure of information and/or data obtained, received, or learned as a result of performance of this contract or if the Contractor believes disclosure of such information and/or data is otherwise required by law or regulation, the Contractor shall contact the Contracting Officer immediately and fully inform the Contracting Officer of the court order or other requirement prior to any disclosure of information and/or data.

(g) Exception This “Non-Disclosure and Non-Use of Information and/or Data” provision does not apply to information and/or data that (i) Contractor knew before the Navy disclosed it; (ii) has become publicly known through no wrongful act of Contractor; or (iii) the Contractor developed independently, as evidenced by appropriate documentation. The Contractor shall be responsible for ensuring that all contractor personnel who obtain such data/information understand and abide by the terms of this provision.

(h) Government Remedy Any violation of the terms of this “Non-Disclosure and Non-Use of Information and/or Data” provision is a material and substantial breach of this contract, and the Government may, in addition to any other remedy available, terminate this contract, or any part thereof, for cause or default. Noncompliance with the “Non-Disclosure and Non-Use of Information and/or Data” provision may also adversely affect the Contractor's past performance rating for consideration under future acquisitions.

(i) Non-disclosure/Non-Use Agreements The Contractor shall maintain all non-disclosure and non-use of data agreements required by this clause and shall make such agreements available for immediate inspection by the Contracting Officer’s designated representative.

(j) Disposal of Documents Upon completion of the tasks assigned or termination of the contract, or upon demand, whichever is earliest, the contractor shall return any and all documents containing sensitive and/or proprietary information and/or data (including any copies or reproductions thereof) in its possession or control.

LIABILITY INSURANCE (COST TYPE CONTRACTS)

The following types of insurance are required in accordance with the clause entitled “INSURANCE-LIABILITY TO THIRD PERSONS” (FAR 52.228-7) and shall be maintained in the minimum amounts shown:

COST LIMITATION CEILINGS ON INDIRECT RATES

If an offeror proposes cost limitation ceilings on indirect rates, the offeror is advised that the Government may evaluate the offeror’s cost proposal accordingly. The decision to propose cost limitation ceilings is the offeror’s decision. In the event the offeror proposes indirect rate limitations, these same ceiling rate limitations may be incorporated into any resultant contract without discussion. Under any cost reimbursement contract, the indirect rates billed shall be limited to the ceiling rate(s) identified in the contract. Any costs incurred above ceiling rates are not allowable.

APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE

(a) The Contracting Officer hereby designates the following individual as Contracting Officer’s Representative(s) (COR) for this contract:

(b) In the absence of the COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the COR. The Contracting Officer hereby appoints the following individual as the alternate COR:

**TBD at time of award

TASK ORDER PROCEDURES UNDER MACs (CPFF-FFP)

(a) General: Supplies or services to be furnished under this contract shall be furnished at such times as ordered by the issuance of a Task Order on DD Form 1155 by the Ordering Officer. All orders issued hereunder are subject to the terms and conditions of this contract. In the event of any inconsistency between any task order and the contract, the contract shall control. When mailed, a task order shall be “issued” for purposes of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when physically delivered to the contractor. The contractor agrees to accept and perform orders issued by the Ordering Officer that are within the scope of this contract.

(b) Ordering Procedures

Task Orders may be issued on either a competitive or non-competitive basis. In accordance with FAR 16.505(b)(2), when an exception to “the fair opportunity to be considered” exists, the task order will be processed on a non-competitive basis. At the discretion of the Ordering Officer, Cost Plus Fixed Fee (CPFF) or Firm Fixed Price (FFP) task orders may be issued under this contract.

1. Request for Quotations (RFQ)

The Ordering Office will issue an RFQ to all awardees, unless the requirement meets one of the exceptions in FAR 16.505(b)(2), in which case the Ordering Officer may limit the number of awardees solicited.

The RFQ will include the following elements:

2. Source Selection Process

Task order awards will be made to the quoter who the Government determines has submitted the most advantageous quotation considering the evaluation criteria stipulated in the RFQ.

Cost/Price will always be considered in the evaluation of task order quotes. Non-price evaluation criteria (consisting of Non-price Evaluation Factor(s)) will also be considered in the evaluation if the task order RFQ stipulates such Non-price criteria. For each task order RFQ where Non-price criteria are to be considered in the evaluation, the RFQ will identify the relative importance of the Non-price criteria to Cost/Price, the Non-price Evaluation Factor or Factors to be evaluated under the Non-price criteria, and the relative importance of the Non-price Evaluation Factors to each other (if more than one Non-price Factor is specified). The following Non-price Evaluation Factors may be utilized, at the discretion of the Ordering Officer, in task order RFQs:

Cost/Price submissions and evaluations will be as follows:

FFP Quotations: For quotations submitted in response to RFQs for FFP orders, contractors shall provide pricing at the CLIN or SubCLIN level (as required by the individual RFQ) plus any supporting pricing information that the Ordering Officer may specify in the RFQ. Pricing will be evaluated based on the overall total price quoted.

CPFF Quotations: For quotations submitted in response to RFQs for CPFF orders, contractors shall provide pricing at the CLIN or SubCLIN level (as required by the individual RFQ) along with a cost breakdown which provides the labor categories proposed, the number of hours per category, the direct labor rate proposed for each category, and the associated burdens. In addition, for any subcontracted effort, the contractor shall ensure that similar cost breakdown information is provided. The contractor will apply fee at the task order level as described in the “Payment of Fixed Fee” clause in Section B. Cost quotations for prospective CPFF orders will be evaluated on the basis of cost realism. Uncompensated overtime and uncompensated overtime rates will not be used in the evaluation.

(c) Content of Task Orders. Task Orders will contain the following information:

(d) Oral Orders: Oral orders may be placed hereunder only in emergency circumstances. Information described above shall be furnished to the contractor at the time of placing an oral order and shall be confirmed by issuance of a written Task Order on a DD Form 1155 within ten (10) working days of the placement of the oral order.

(e) Modifications of Task Orders: Task orders may only be modified by the Ordering Officer. Modifications to task orders shall include the information set forth in paragraph (c) above, as applicable. Task orders may be modified orally by the Ordering Officer in emergency circumstances. Oral modifications shall be confirmed by issuance of a written modification within two working days from the time of the oral communication modifying the order.

(f) The CPFF or Ceiling Amount for each CPFF task order will be the ceiling price stated therein and may not be exceeded except when authorized by a modification to the task order.

ADDITION OF CONTRACTORS DURING THE LIFE OF THE ID/IQ CONTRACT (On-Ramp Provision)

To receive the anticipated cost, management and technical benefits derived from competition for task orders issued under this indefinite delivery/indefinite quantity (IDIQ) contract(s), the Government intends to maintain an awardee pool of businesses capable of providing competition for task orders involving all functional areas identified in the performance work statement. Therefore, the Government reserves the right to add additional prime contractors as deemed necessary in order to sustain a competitive environment at the task order level. Periodically, the Government will make a determination whether it is necessary to add additional prime contractors. If a determination is made that additional prime contractors are needed, the government will survey the marketplace for new sources by releasing a 'Sources Sought' synopsis on the NECO and FedBizOpps websites. The synopsis will contain a performance work statement describing the functional areas in which enhanced competition is desired and request submission of a capability statement. If credible sources are identified in this manner, a solicitation will be issued to those firms to provide them with the opportunity to receive an IDIQ contract for the specified services. The performance period for these new contracts will coincide with the remaining performance period under the original multiple award contracts.

The Government reserves the right to exclude contract holders from continued participation should they fail to adequately perform any aspects (i.e. meet socio-economic plans/goals) of their subsequent contract or fail to actively participate in the task order competitions.

CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE INFORMATION, IT SYSTEMS OR PROTECTED HEALTH INFORMATION 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 Department of Defense (DoD) Implementation of HSPD-12 dated November 26, 2008 (or its subsequent DoD Instruction (INST)) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This text applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a Department of the Navy (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 (PHI), provide support associated with fiduciary duties, or perform duties that have been identified 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 DoD Common Access Card (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 Command's Security Manager (CSM) upon arrival to the command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

ACCESS TO DOD IT SYSTEM

In accordance with Secretary of the Navy (SECNAV) M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include PHI. All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager (CIAM).

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check (NAC) with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance (IA) Technical Level 1, and must be trained and certified on the Operating System (OS) or Computing Environment (CE) 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 IA 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 IT 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 CSM at least thirty (30) days prior to the individual's start date. Failure to provide the required documentation at least thirty (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 Awareness (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 CSM 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 (3) 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 CSM.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions 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 PHI, provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a Federal Bureau of Investigation (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 Office of Personnel Management (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 thirty (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 ten (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 CSM upon arrival to the 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 IT resources. The SAAR-N shall be forwarded to the Navy command's security manager at least thirty (30) days prior to the individual's start date. Failure to provide the required documentation at least thirty (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 IA training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the CSM. The CSM will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The CSM will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS owning role over the contractor employee, the 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 United States (U.S.) citizen or a U.S. permanent resident with a minimum of 3 years legal residency in the U.S. (as required by the Deputy Secretary of Defense DTM 08-006 or its subsequent DoD INST) and

· Must have a favorably completed National Agency Check with Written Inquiries (NACI) or T1 investigation equivalent including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the CSR 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 NACI or T1 equivalent investigation, or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

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

* Consult with your CSM and IA manager for local policy when IT-III (non-sensitive) access is required for non-U.S. citizens outside the U.S.*

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of government personnel who visit the contractor's facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

(b) The contractor shall not comply with any order, direction or request of government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

James O’Sullivan James.O’sullivan@navy.mil

(215) 697-9730

In addition to other clauses applicable to the base IDIQ contract, the following clause is applicable to any subsequent firm-fixed-price (FFP) task orders:

LIABILITY, AUTOMOBILE AND WORKMEN’S COMPENSATION INSURANCE

The following types of insurance are required in accordance with the clause entitled “INSURANCE-WORK ON A GOVERNMENT INSTALLATION” (FAR 52.228-5) and shall be maintained in the minimum amounts shown:

CLAUSES INCORPORATED BY FULL TEXT

5252.216-9402 ORAL ORDERS (INDEFINITE DELIVERY CONTRACTS) (JAN 2011)

Oral orders may be placed provided the following conditions are complied with:

(a) No oral order will exceed $150,000 or such lesser amount as may be specified elsewhere in the schedule of this contract.

(b) The Contractor will furnish with each shipment a delivery ticket, in triplicate, showing:

contract number, order number under the contract; date order was placed, name and title of person placing order; an itemized listing of supplies or services furnished; unit price and extension of each item; and, delivery or performance date.

(c) Invoices for supplies or services furnished in response to oral orders will be accompanied with a received copy of each related delivery ticket.

(d) The ordering activity shall designate in writing the names of individuals authorized to place oral orders and will furnish a copy thereof to the Contractor.

(e) Written confirmation of oral orders will be issued as a means of documenting the oral order within 10 working days or oral orders will be confirmed twice a month, in writing, when more than one oral order is consolidated for a single confirmation.

(End of Clause)

5252.237-9401 PERSONNEL QUALIFICATIONS (MINIMUM) (Jan 1992)

(a) Personnel assigned to or utilized by the Contractor in the performance of this contract shall, as a minimum, meet the experience, educational, or other background requirements set forth below and shall be fully capable of performing in an efficient, reliable, and professional manner. If the offeror does not identify the labor categories listed below by the same specific difference.

(b) The Government will review resumes of Contractor personnel proposed to be assigned, and if personnel not currently in the employ of Contractor, a written agreement from the potential employee to work will be part of the technical proposal.

(c) If the Ordering Officer questions the qualifications or competence of any person performing under the contract, the burden of proof to sustain that the person is qualified as prescribed herein shall be upon the Contractor.

(d) The Contractor must have the personnel, organization, and administrative control necessary to ensure that the services performed meet all requirements specified in delivery orders. The work history of each Contractor employee shall contain experience directly related to the tasks and functions to be assigned. The Ordering Officer reserves the right to determine if a given work history contains necessary and sufficiently detailed, related experience to reasonably ensure the ability for effective and efficient performance.

*See PWS in Section C for minimum personnel qualifications.

(End of Clause)

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