N0018919RZ062_0002_(court_reporting).pdf

N6891019RC0S004

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to provide Questions and Responses and modify the RFQ accordingly.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 24-Apr-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0018919RZ062

X 9B. DATED (SEE ITEM 11)

19-Apr-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

24-Apr-2019

CODE

NAVSUP FLC NORFOLK PHILADELPHIA OFFICE

ATTN: TONI CRISTINZIO

700 ROBBINS AVENUE, BLDG. 2B

PHILADELPHIA PA 19111-5083

N00189 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0018919RZ062

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0002

1. Below are the responses to the questions received in response to ths RFQ.

Question 1: Who is the current vendor performing these services, and what are their prices?

Response: The incumbent is Planet Depos. We cannot share their prices.

Question 2: What is the average number of court reporting requests per year?

Response: 77

Question 3: What is the place of performance?

Response: Typically, court reporting services may be required in Florida, California, Washington, and Texas.

Question 4: What percentage of the work will be done in the Washington DC metro area?

Response: Typically, 10% of the work is in the Washington DC area and 90% is out of state.

Question 5: What other cities do you regularly require court reporting services?

Response: See Responses for Questions 3 and 4.

Question 6: Section 3.3 Reporting Method: The two other primary methods of court reporting, digital court reporting and voice writing, can both meet the requirements outlined in this solicitation. Like stenotype machine reporting, both other methods have national associations (AAERT and NVRA) which set standards and best practices, require continuing education, and certify their court reporters. Please add them as acceptable methods of reporting under this contract.

Response: The requirements of the RFQ remain unchanged.

Question 7: ELIN CHARTS: Are the estimated quantities in the ELIN Charts the actual estimated quantities of work for each year? If not, what do they represent?

Response: Yes.

Question 8: Based on the page quantities in the ELIN Charts and the average industry page counts for these types of proceedings, the estimated number of required rooms seems to be most of the projected proceedings. What percentage of the scheduled days will require the vendor to provide a meeting room?

Response: The vendor may need to provide a room 85% of the time.

Question 9: Since the vendor will not have access to Navy computers/information systems and will only be at

Navy facilities on actual proceeding days (with most of the work taking place offsite), please clarify the security requirements for the vendor?

Response: Refer to paragraph 1 of the clause.

Question 10: A003 – Exhibits: This section indicates that exhibits “will be hyperlinked with the transcripts”, but later states that “exhibits shall not be included into the record unless the GTA so directs.”

Please clarify how exhibits should be handled and if they are to be included in the record if they need to be hyperlinked.

Response: The solicitation is clear on its face.

Question 11: Would the agency consider extending the deadline for quote submissions so that vendors have time to review the answers to questions after they’ve been posted and to incorporate them in their proposals?

Response: See the information within Amendment 0002.

2. Based on the responses to the questions, below are the changes to the RFQ

a. Closing Date/Time: The closing date/time is changed from 6:00 PM Friday, 26 April 2019 to 12:00 Noon

Tuesday, 30 April 2019.

b. Performance Work Statement: Historical information was added for informational purposes and not indicatative of the work to be peformed under this effort.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 26-Apr-2019 06:00 PM to 30-Apr-2019 12:00 PM.

The following have been modified:

PERFORMANCE WORK STATEMENT

COURT REPORTING

1.0 BACKGROUND

Office of the General Counsel (OGC), Naval Litigation Office (NLO) attorneys represent the Department of the Navy (DON) in all major contract litigation, federal employment class actions, environmental litigation, and bankruptcy matters within the cognizance of the General Counsel, as well as other important cases of special interest to the Navy Secretariat. Court Reporting Services is an essential resource needed to effectively litigate the complex and multi-million dollar cases assigned to NLO.

2.0 SCOPE

The contractor shall provide industry-standard court reporting services for depositions, hearings, arbitrations, trials, meetings, interviews and other proceedings held in the continental United States (CONUS) by the United States Navy, OGC, NLO, or by any person or persons designated thereby, in support of legal actions in Federal court, State court, the Armed Services Board of Contract appeals, General Services Administration Board of Contract Appeals, the Merit Systems Protection Board, Equal Employment Opportunity commission, the Federal labor Relations Authority, the General Accounting Office, and other administrative forums. The contractor shall take all steps necessary to make certain that only highly reliable individuals are used for the performance of this contract.

The contractor shall perform all work in a business-like manner and according to the best industry-standards of the court reporting profession. The contractor shall provide as many trained and experienced court reporters maintain such staff and equipment as may be necessary to furnish complete and accurate transcripts and/or recording of depositions, hearings, arbitrations, trial, meetings and other proceedings in support of legal actions filed against the Navy.

This information is provided for historical purposes only and is not indicative of the work under this effort.

Historically, the average number of court reporting requests per year was 77 requests. 10% of the effort tended to be in the Washington DC area, while 90% was performed out of state. Court reporting services were typically required in Florida, California, Washington, and Texas. The vendor was required to provide a meeting room 85% of the time.

3.0 TASK REQUIREMENTS:

The contractor shall provide a court reporter to record depositions, hearings, arbitrations, trials, meetings, interviews and other proceedings, as necessary. The contractor shall provide a transcript within the prescribe number of days, as required.

The Government will not be responsible for any cost relating to requests made by the other party to the litigation for which the proceeding is being taken.

3.1 Government Notification: When there is a need for court reporting services, the Contracting Officer’s Representative (COR) will provide the contractor with notification of the date, time, name of the Government Trial Attorney (GTA) and location of all proceedings by email or other appropriate means by the COR 24 hours in advance of the requirement. The contractor shall confirm, via return email or other appropriate means as determined by the COR, that it has received and will comply with the notification. The contractor will be notified of any changes to the related proceeding requirements as far in advance as is reasonably practicable given the vicissitudes of litigation. This notification may be provided by either the COR or the GTA. For purposes of changes to the related proceeding requirements, notification to the contractor's court reporter shall be considered notification to the contractor.

3.2 Arrival Time: The assigned court reporter shall report to the GTA at least 15 minutes before the designated time of the proceedings. At all times the court reporter shall follow the instructions of the GTA in matters affecting the composition of the record, adjournment to other times or places, the hours of the proceedings and similar matters. The contractor will not be provided with notification of such matters by the COR.

3.3 Reporting Method: The court reporter shall record the testimony by stenotype machine with recording backup. The contractor shall not use any other method of recording under this contract. The court reporter shall report everything spoken during a session and incorporate it into the transcript, unless the GTA directs otherwise.

Only the GTA may designate any portion of a proceeding or any statement made during a proceeding as “off the record”.

3.4 Signatures: Prior to the close of the proceeding, the court reporter shall check with the GTA to determine whether the witness wishes to read and sign the transcript. If so, the court reporter shall be responsible for making arrangements with the witness and/or his counsel to secure a signed copy of the transcript. The court reporter shall provide a signature page and any corrections to the GTA as soon as it is received.

3.5 Transcripts: The contractor shall provide, as required, one of the following type of transcripts for each proceeding: a “10-day transcript”; a “5-day transcript”; a “3-day transcript”; a “1-day/Next Day transcript”; or an “immediate delivery/same day transcript”.

The contractor shall follow the information regarding transcripts as described in the Contract Data Requirements List (CDRLS).

3.6 Manuscripts (Condensed Transcript): The transcript deliverable contains a manuscript. Each proceeding transcript shall include a verbatim copy of the transcript in reduced format -- with four pages of testimony on a single page at the rates specified in the contract. The contractor shall also index each reduced format transcript. The GTA may identify subjects to be included in the index. A copy of the index shall also be included in the transcript.

The contractor shall follow the format for Manuscript (condensed transcript) as described in the Contract Data Requirements List (CDRLS).

3.7 Exhibits: Exhibits used during the proceeding shall remain in custody of the court reporter, unless otherwise directed by the GTA during the proceeding. The court reporter shall not release any exhibit except upon direction of the GTA, in which case the court reporter will be furnished a receipt. In no case shall any exhibit be released until it has been properly marked by the courter reporter. During the time between the close of the proceeding and forwarding of exhibits, no person shall be permitted to withdraw exhibits except upon direction of the GTA. The court reporter will attach copies of the exhibits to the proceedings, unless otherwise directed by the GTA.

Unless otherwise directed by the GTA, the contractor shall follow the formatting procedures regarding Exhibits as described in the Contract Data Requirements List (CDRLS).

3.8 Accuracy of Transcript: The contractor shall be responsible for furnishing complete transcripts which accurately provide a verbatim record of the proceedings. If the transcript is to be typed by someone other than the court reporter, the court reporter shall obtain and pass to the transcriber the correct spelling of names, technical terms, and other expressions that may not be known to the transcriber. Where errors attributable to the contractor's performance appear in the transcript (i.e., those which change or obscure the meaning of the testimony, but not including typographical errors if the intended meaning is clearly evident) the contractor shall correct the errors and furnish the corrected transcript within five (5) calendar days from receipt of notification, and without additional cost to the Government, regardless of the delivery time of the initial request for court reporter services.

3.9 Transcript Certification: The court reporter shall complete and the contractor shall attach at the end of each proceeding transcript a certification. The transcript shall be proofread against the court reporter's notes and/or recordings when a person other than the court reporter present at the proceeding transcribes the transcript. The accuracy of the transcript shall be certified.

3.10 Legibility of Transcript Copies : In the event one or more copies are found to be illegible, the contractor agrees to correct or replace with acceptable within one calendar day after receipt of notification unless otherwise directed by the GTA, without additional cost of such replacement.

3.11 Retention of Notes and Recording: All notes and recording will be the property of the Navy. However, the contractor shall retain and properly safeguard all stenographic notes and electronic recording taken by the court reporter at a proceeding from which the transcript has been prepared, along with one copy of the transcript for the duration of the contract period. Upon acceptance of the transcript, the contractor shall turn over such items to the Government.

3.12 Loss of Testimony: If testimony must be retaken because it is lost, destroyed or otherwise not recorded and/or retained, then the contractor shall provide the services necessary to retake and transcribe the testimony without additional charge to the Government. In addition, the Government retains its rights otherwise provided by law and/or otherwise contained in this contract. The provisions of this subparagraph shall not apply to the loss of testimony which is caused by matters which are beyond the control and without the fault or negligence of the contractor.

3.13 Proceedings Room: When there is not a Government space available, the contractor may be required to provide a room for the proceedings. If requested by the COR, the contractor shall provide a room for conducting depositions or other related proceedings with or without video teleconference equipment in the city or location stated therein. The room should be suitable for its intended purpose. The room shall be well ventilated and quiet. It should be large enough to comfortably hold a conference table and four individuals in addition to the court reporter.

The room should have access to telephones printers/scanners and internet connection.

3.14 Sale and Delivery of Transcript to Other Parties: During the period of performance, the contractor may sell transcripts to other parties of the proceeding with the permission of the COR.

3.15 Deliverables: The contractor shall deliver the following as per the CDRL:

• Transcripts as per the designated time delivery (10-day, 5-day, 3-day, 1-day). Each transcript includes the following items:

o Two copies (one of each: original and e-transcript) of transcript with an index o One copy of manuscript with index o One copy on CD

• Immediate/Same Day Transcript.

• Proceedings Room, as required

• Monthly Reports

4.0 STAFFING

To the extent that the court reporter is available, the contractor should assign the same reporter in the case of lengthy proceedings.

All court reporters assigned to work under this contract must be authorized to administer oaths to testifying witnesses in the state in which the proceeding is conducted.

All contractor personnel assigned to work under this contract shall be disinterested parties with no connection to the case proceeding to which they are assigned. The contractor shall use only highly experienced, well-trained, and--in states and other locations where applicable--licensed court reporters to perform work under this contract.

5.0 SUPPLIES

The contractor shall furnish all necessary labor, supplies, and equipment necessary to perform the work required under this contract.

6.0 HOURS AND OVERTIME

Court Reporting Services resulting from this contract shall cover proceedings held between the hours of 8:00 a.m.

and 6:00 p.m., Monday through Friday, except holidays, at the prices quoted in the contract.

The contractor is required to work overtime when requested by the GTA and approved by the COR.

If overtime occurs, Monday through Friday from 6:00 p.m. to 8:00 p.m. a flat fee rate of per hour as stated in the contract will be paid. Requests for overtime pay shall be approved by the COR prior to the hours being worked.

7.0 ATTENDENCE FEES/RESCHEDULED AND CANCELLED PROCEEDINGS

(a.) The contractor understands that the proceedings covered by this contract occur in the context of litigation and that proceedings must on occasion be canceled or rescheduled at the last minute.

In the event that a proceeding must be canceled or rescheduled, the government will make every effort to provide the contractor with as prompt a notification of such rescheduling or cancellation as possible under the circumstances.

Such notification may be by verbal notification to the court reporter or where circumstances permit, either by a call to the contractor, or in writing, and forwarded by email. When the contractor, including the court reporter receives such notification, the contractor shall take all steps necessary to make certain that a court reporter does not appear at the time and place of the canceled proceeding.

When the contractor receives such notification at least two calendar days prior to the scheduled proceeding, such cancellations and rescheduling shall be at no additional cost to the government.

In the event that the contractor, including the court reporter, receives less than two calendar day notice, the contractor, including the court reporter, shall take all reasonable and necessary steps to make certain that costs associated with such cancellation and/or rescheduling of the proceedings are not incurred. In the event that reasonable and necessary costs are incurred, they shall be reimbursed pursuant to paragraph (b.) only if such costs were incurred in compliance with the terms of this contract and could not reasonably be avoided.

(b). Subject to paragraph (a.) above, when a court reporter puts in an appearance at the time and place designated for a proceeding and the scheduled proceeding is canceled or postponed, the contractor is guaranteed a flat fee rate of $223.00. For such purposes, notice of cancellation or postponement of a scheduled proceeding shall be sufficient to support an appearance fee. Attendance fees shall not be paid in any other circumstance.

8.0 DELAY TIME FEE

When the court reporter appears to a scheduled proceeding on time and has to wait, the contractor will be paid a delay time fee as specified in the contract.

9.0 TRAVEL

If the contractor is not able to subcontract with suitable court reporter in the requested located and the contractor is travel to that location, all travel costs shall be done in accordance with the Joint Travel Regulations.

CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE

INFORMATION, INFORMATION TECHNOLOGY SYSTEMS OR PROTECTED HEALTH

INFORMATION

The security text does not apply in cases where the contractor/vendor does not have access to NMCI computers, is not issued a CAC and is involved in training or other short term duties of less than 30 days duration that allow for the use of a visitor request. In these cases, the government employee must submit a Visitor Access Request (VAR) to the main gate or applicable processing entity for your facility and assume responsibility to escort those without CAC Credentials.

This clause does not apply to non-U.S. Nationals (foreign nationals) who are contactor employees performing work overseas. The clause is applicable to the U.S. Nationals living in the U.S. or overseas who are performing work on a Navy contract.

The investigation of a non-U.S. national at a foreign location must be consistent with a National Agency Check with Written Inquiries (NACI), to the extent possible and include a fingerprint check against the Federal Bureau of Investigation (FBI) criminal history database, an FBI investigations file (name check) search and a name check against the terrorist screening database. Also, the above cited reference notes that Foreign Nationals may not be granted Common Access Card (CAC) credentials until completion of their investigation and not in the interim.

Per DoDM 5200.2, DoD components must initiate and ensure completion of a background investigation before applying the credentialing standards to a non-U.S. national at a foreign location. The background investigation must be favorably adjudicated before a CAC can be issued to a non-U.S. national at a foreign location. The type of background investigation may vary based on standing reciprocity treaties concerning identity assurance and information exchanges that exist between the U.S. and its allies or agency agreements with the host country.

CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE

INFORMATION, IT SYSTEMS OR PROTECTED HEALTH INFORMATION

Executive Order 13467, Reforming Processes Related to Suitability for Government Employee, Fitness for Contractor Employees and Eligibility for Access to Classified National Security Information, Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The 5 CFR 32 Part 157 in concert with DoD Manual 1000.13, Vol 1, implements the Federal Standards.

APPLICABILITY

This text applies to all DoD sponsored individuals who require CAC eligibility (or login and P/W if acceptable per contract) for: Physical access to DoD facilities or non-DoD facilities on behalf of DoD; Logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication, or access to sensitive and protected information. This applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the DoD, the Defense Agencies, the DoD Field Activities and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD Components").

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.

START-UP PERIOD

All contractor resource onboarding documents must be submitted via the prime contractor. The prime contractor shall make all necessary preparations to assume full responsibility for productive performance as of the performance start date.

Definition of "productive":

a. Visit Authorization Request (VAR)

b. Contractor Information Sheet (CIS)

c. Completed EQIP (Electronic Investigation)

e. All contractor resource(s) must have an active JPAS profile

f. Common Access Card (CAC)

Note (1): Invoicing by the contractor will begin as of the commencement of the performance period of services and no reimbursement will be paid by the government for efforts expended during the start-up period.

Note (2): Foreign Nationals are not allowed access to the functional/system side of Enterprise Resource Planning

(ERP).

ACCESS TO DOD INFORMATION TECHNOLOGY (IT) SYSTEM

In Accordance With (IAW) 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 sensitive information. Sensitive information includes 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 System Security Manager (ISSM)/Information Assurance Manager (IAM).

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 CSM and ISSM/IAM 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 Cyber Awareness 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 ISSM/IAM. 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 Cyber Awareness 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 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 United States (U.S.) citizen or a U.S. permanent resident with a minimum of 3 years of 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 ISSM/IAM for local policy when IT-III (non-sensitive) access is required for non- U.S. citizens outside the U.S..*

ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for OGC via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

NAVY USE OF ABILITYONE SUPPORT CONTRACTOR - RELEASE OF OFFEROR INFORMATION

(MAR 18)

NAVSUP Fleet Logistics Center Norfolk, Philadelphia Office may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the Government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel in order to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non-Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.

Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP Fleet Logistics Center Norfolk, Philadelphia Office contract.

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:

Sean McGinley, Code 270.1

NAVSUP FLC Philadelphia

700 Robbins Ave, Bldg 2B Philadelphia, PA 19111

215-697-9620 Sean.McGinley1@navy.mil

(End of Summary of Changes) mailto:Sean.McGinley1@navy.mil