N0018923RZ022 - NLO Litigation Support RFP.docx

N0018923RZ022

Section A - Solicitation/Contract Form

NOTICE TO OFFERORS

1. Proposals shall be delivered by the date and time specified on the cover page of this document, unless revised by written amendment. Proposals shall be emailed to shane.j.macwilliams.civ@us.navy.mil and mark.d.damanskis.civ@us.navy.mil. The deadline for receipt of proposals is 3:00 PM EST on 06 February 2023.

2. The Points of Contact for this RFP is as follows:

Shane MacWilliams shane.j.macwilliams.civ@us.navy.mil

Mark Damanskis mark.d.damanskis.civ@us.navy.mil

3. All prospective offerors are requested to submit any questions by 3:00 PM EST 16 January 2023 in writing via email to shane.j.macwilliams.civ@us.navy.mil and mark.d.damanskis.civ@us.navy.mil. Questions received in any other form will not be answered. Once all questions have been received, the solicitation will be amended accordingly to answer all appropriate questions that have been received.

4. NOTICE TO OFFERORS: IT IS THE POLICY OF THE DEPARTMENT OF DEFENSE TO THE MAXIMUM EXTENT PRACTICABLE, TO MAXIMIZE THE NUMBER OF SMALL AND SMALL DISADVANTAGED BUSINESS (SDB) CONCERNS PARTICIPATING IN DEFENSE PRIME AND SUBCONTRACTS. OFFERORS SHOULD TAKE THE NECESSARY STEPS TO MAXIMIZE SDB SUBCONTRACTS. IT IS REQUESTED THAT PRIME CONTRACTOR’S SUBCONTRACTING PLANS REFLECT AS A MINIMUM SDB GOAL OF 5%.

5. Services under this contract are currently being provided under contract N00189-16-C-Z055. The incumbent contractor is Deloitte Financial Advisory Services LLP. It is noted that requirements from N00189-16-C-Z055’s PWS have been reduced for this requirement.

The acceptance period of offers submitted in response to this RFP is 120 days from the closing date of the RFP. On the cover page of the RFP, block 12 is hereby deleted.

Section B - Supplies or Services and Prices

Lot

NLO Support Services

CPFF

Services in support of the Naval Litigation Office (NLO), Office of General Counsel (OGC) in accordance with Section C (PWS).

FOB: Destination

PSC CD: R418

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

Travel

COST

Travel in support of CLIN 0001 - Travel will be reimbursed at cost in accordance with the Joint Federal Travel Regulations (JTR). Travel is NOT TO EXCEED $70,000, plus applicable G&A.

ESTIMATED COST

Lot

ODCs

Other Direct Costs (ODCs) (Refer to ODC language in Section B) - ODC is a NOT TO EXCEED amount of $50,000, plus applicable G&A.

ESTIMATED COST

Lot

Data Hosting

Data Hosting up to 12,300 GB in support of CLIN 0001

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 0005. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 0007. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 0009. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 0011. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 0013. NTE $5,825

ESTIMATED COST

Lot

CPFF

Services in support of the Naval Litigation Office (NLO), Office of General Counsel (OGC) in accordance with Section C (PWS).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Travel in support of CLIN 1001 - Travel will be reimbursed at cost in accordance with the Joint Federal Travel Regulations (JTR). Travel is NOT TO EXCEED $70,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Other Direct Costs (ODCs) (Refer to ODC language in Section B) - ODC is a NOT TO EXCEED amount of $50,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Data Hosting up to 12,300 GB in support of CLIN 1001

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 1005. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 1007. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 1009. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 1011. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 1013. NTE $5,825

ESTIMATED COST

Lot

CPFF

Services in support of the Naval Litigation Office (NLO), Office of General Counsel (OGC) in accordance with Section C (PWS).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Travel in support of CLIN 2001 - Travel will be reimbursed at cost in accordance with the Joint Federal Travel Regulations (JTR). Travel is NOT TO EXCEED $70,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Other Direct Costs (ODCs) (Refer to ODC language in Section B) - ODC is a NOT TO EXCEED amount of $50,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Data Hosting up to 12,300 GB in support of CLIN 2001

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 2005. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 2007. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 2009. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 2011. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 2013. NTE $5,825

ESTIMATED COST

Lot

CPFF

Services in support of the Naval Litigation Office (NLO), Office of General Counsel (OGC) in accordance with Section C (PWS).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Travel in support of CLIN 3001 - Travel will be reimbursed at cost in accordance with the Joint Federal Travel Regulations (JTR). Travel is NOT TO EXCEED $70,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Other Direct Costs (ODCs) (Refer to ODC language in Section B) - ODC is a NOT TO EXCEED amount of $50,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Data Hosting up to 12,300 GB in support of CLIN 3001

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 3005. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 3007. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 3009. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 3011. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 3013. NTE $5,825

ESTIMATED COST

Lot

CPFF

Services in support of the Naval Litigation Office (NLO), Office of General Counsel (OGC) in accordance with Section C (PWS).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Travel in support of CLIN 4001 - Travel will be reimbursed at cost in accordance with the Joint Federal Travel Regulations (JTR). Travel is NOT TO EXCEED $70,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Other Direct Costs (ODCs) (Refer to ODC language in Section B) - ODC is a NOT TO EXCEED amount of $50,000, plus applicable G&A.

ESTIMATED COST

Lot

COST

Data Hosting up to 12,300 GB in support of CLIN 4001

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 4005. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 4007. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 4009. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 4011. NTE $5,825

ESTIMATED COST

Lot

CPFF

Additional services in support of OGC field office, or for another designated user. PWS 6.1.3. Electronic Discovery Consultant 10 HRs.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

COST

Additional Data Hosting in support of CLIN 4013. NTE $5,825

ESTIMATED COST

PAYMENT OF FIXED FEE

PAYMENT OF FIXED FEE

The fixed fee for work performed under this contract is $_____ provided that approximately _____ hours of technical effort are employed by the contractor in performance of this contract. If substantially fewer than _____ hours of technical effort are employed, the fixed fee shall be equitably reduced to reflect the reduction of work. The Government shall make monthly payments of the fixed fee at the rate of $_____ per direct labor hour invoiced by the contractor. All payments shall be in accordance with the provisions of FAR 52.216-8, “Fixed Fee,” and FAR 52.216-7, “Allowable Cost and Payment.” Payments shall be subject to the withholding provisions of Paragraph (b) of FAR 52.216-8, provided that the total of all such monthly payment shall not exceed eighty-five (85%) percent of the fixed fee. Any balance of fixed fee due the contractor shall be paid to the Contractor, and any over-payment of fixed fee shall be repaid to the Government by the Contractor, or otherwise credited to the Government at the time of final payment.

* To be filled in by the offeror using the proposed fixed fee dollar amount.

** To be filled in by the offeror. Calculate this rate by dividing the fixed fee amount by the number of hours.

LEVEL OF EFFORT

LEVEL OF EFFORT (COST TYPE CONTRACT)

(a) The level of effort for the performance of this contract during the period from the start of contract performance to 12-months thereafter is based upon 39,220 estimated manhours of direct labor. If all options are exercised by the government, the level of effort for the performance of this contract will be increased by an additional 157,130 estimated manhours of direct labor, for a total level of effort of 196,350 estimated manhours of direct labor (hereinafter referred to as the “Estimated Total Hours”).

(b) The estimated composition by labor category of the Estimated Total Hours is as follows:

(c) The Estimated Total Hours include subcontracting hours but exclude holidays, sick leave, vacation days and other absences.

(d) The number of manhours expended per month may fluctuate in the pursuit of performance of the contract statement of work, provided that such fluctuation does not result in the utilization of the total manhours of effort prior to the expiration of the contract. The number of manhours for any labor category may be utilized by the contractor for any other labor category if necessary in performance of the contract.

(e) The contractor shall not be obligated to continue performance beyond the Estimated Total Hours, except that the Contracting Officer may require the contractor to continue performance in excess of the Estimated Total Hours until the total estimated cost has been expended. The government will not be obligated to pay fee on any hours expended in excess of the Estimated Total Hours. Any hours expended in excess of the Estimated Total Hours shall be excluded from all fee computations and adjustments. The Contracting Officer may also require the contractor to continue performance in excess of the total estimated cost until the Estimated Total Hours have been expended. In no event, however, will the Contracting Officer, pursuant to this paragraph (e), require the contractor to continue performance in excess of the Estimated Total hours if the Contracting Officer is requiring or has required the contractor to continue performance in excess of the total estimated cost. Nor will the Contracting Officer, pursuant to this paragraph (e), require the contractor to continue performance in excess of the total estimated cost if the Contracting Officer is requiring or has required the contractor to continue performance in excess of the Estimated Total Hours. The Contracting Officer may extend the period of performance in order to expend either the total estimated cost or the Estimated Total Hours.

(f) If at any time during the performance of this contract the contractor expends in excess of 85% of the available estimated manhours of direct labor, the contractor shall immediately notify the Contracting Officer in writing. Nothing herein shall be construed to alter or waive any of the rights or obligations of either party pursuant to the clause entitled “Limitation of Cost” and/or “Limitation of Funds.”

Section C - Descriptions and Specifications

REQD STANDARD OF WORKMANSHIP

REQUIRED STANDARD OF WORKMANSHIP (OCT 1992)

Unless otherwise specifically provided in this contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law.

(End of Provision)

REIMBURSEMENT OF TRAVEL COST

REIMBURSEMENT OF TRAVEL COSTS (OCT 1998)

(a) Travel

(1) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the contractor is responsible for making all needed arrangements for his personnel. This includes but is not limited to the following:

Medical Examinations Immunization Passports, visas, etc.

Security Clearances

All contractor personnel required to perform work on any U.S. Navy vessel will have to obtain boarding authorization from the Commanding Officer of the vessel prior to boarding.

(2) Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of the contract and determined to be in accordance with FAR subpart 31.2, subject to the following provisions:

Travel required for tasks assigned under this contract shall be governed in accordance with rules set forth for temporary duty travel in FAR 31.205-46.

(3) Travel. Travel, subsistence, and associated labor charges for travel time are authorized, whenever a task assignment requires work to be accomplished at a temporary alternate worksite.

Travel performed for personal convenience and daily travel to and from work at contractor’s facility will not be reimbursed.

(4) Per Diem. Per diem for travel on work assigned under this contract will be reimbursed to employees consistent with company policy, but not to exceed the amount authorized in the Department of Defense Joint Travel Regulations.

(5) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the contractor will be reimbursed at the per diem rates identified in paragraphs C8101.2C or C81181.3B(6) of the DOD Joint Travel Regulations, Volume 2.

(6) Air/Rail Travel. In rendering the services, the contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist class rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Ordering Officer. Such authorization by the Ordering Officer shall be indicated in the order or in some other suitable written form.

NOTE: To the maximum extent practicable without the impairment of the effectiveness of the mission, transportation shall be tourist class. In the event that only first class travel is available, it will be allowed, provided justification therefore is fully documented and warranted.

(7) Private Automobile. The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the contractor at the mileage rate allowed by Joint Travel Regulations. Authorization for the use of privately owned conveyance shall be indicated on the order. Distances traveled between points shall be shown in standard highway mileage guides. Any deviations from distance shown in such standard mileage guides shall be explained by the traveler on his expense sheet.

(8) Car Rental. The contractor shall be entitled to reimbursement for car rental, exclusive of mileage charges, as authorized by each order, when the services are required to be performed outside the normal commuting distance from the contractor’s facilities. Car rental for TDY teams will be limited to a rate of one car for every four (4) persons on TDY at one site.

EMPLOYMENT OF DOD PERSONNEL

EMPLOYMENT OF DEPARTMENT OF DEFENSE PERSONNEL RESTRICTED

In performing this contract, the contractor will not use as a consultant or employ (on either a full or part time basis) any current Department of Defense (DoD) personnel (civilian or military) without the prior approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no laws and no DoD or Navy instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result.

5252.204-9400 5252.204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (July 2013)

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

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

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”.

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

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

INTERIM ACCESS

The Navy Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

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

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Navy recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

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

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

· Original Signed Release Statements

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command’s Security Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command’s Security Manager at least 30 days prior to the individual’s start date. Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command’s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative. Although the contractor will take JPAS “Owning” role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

· Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and

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

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

· SF-85 Questionnaire for Non-Sensitive Positions

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

· Original Signed Release Statements

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

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

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

CAP

CONTRACT ADMINISTRATION PLAN (CAP) FOR COST TYPE, INDEFINITE DELIVERY CONTRACTS

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications or information regarding the administration function assigned.

1. The Procuring Contract Office (PCO) is responsible for:

2. The Contract Administration Office (CAO) is responsible for matters specified in FAR 42.302, except those areas otherwise designated as the responsibility of the Contracting Officer's Representative (COR) or someone else herein.

3. The Defense Contract Audit Agency (DCAA) is responsible for audit verification/provisional approval of invoices and final audit of this contract prior to final payment to the contractor.

4. The paying office is responsible for making payment of proper invoices after acceptance is documented.

5. The Ordering Officer is responsible for:

NOTE: The PCO and the Ordering Officer may be the same individual, but in no case shall the COR perform the duties of the Ordering Officer.

6. The Contracting Officer's Representative (COR) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change. The COR duties are as follows: