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SEE ADDENDUM
(No Collect Calls)
N0040620Q0024 06-Nov-2019
b. TELEPHONE NUMBER
360-476-7952
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 16 Nov 2019
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N004069. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MARK W. WITTE
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
N6874220RC0022C
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVSUP FLC PUGET SOUND
467 W STREET, 2ND FLR
ATTN: MARK WITTE
BREMERTON WA 98314-5100
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE N61058 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
N61058 US NAVY
SEE PAGE 4 OF ORDER FOR
SHIPMENT REQUEST PROCEDURES
. WA 00000
TEL: FAX:
360-476-4656FAX:
TEL: 360-476-7952 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$8,000,000
NAICS:
811310
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N0040620Q0024
Section SF 30 - BLOCK 14 CONTINUATION PAGE
AWARD INFO
NOTICE TO OFFERORS:
1. QUESTIONS: All questions regarding this solicitation shall be submitted in writing (e-mail) to:
NAVSUP FLC, Puget Sound Regional Contracting Department 467 W Street, Second Floor Bremerton, WA 98314
Purchasing Agent, MARK W. WITTE, Code 241.
E-Mail: mark.w.witte@navy.mil
2. INTENDED USE OF SUPPLIES:
3. EVALUATIONS: Proposals will be evaluated in accordance with paragraph entitled “Evaluations of Quotations / Offers”. Ensure your proposal is submitted in accordance with paragraph entitled “Evaluations of Quotations / Offers”.
4. SOLICITATION: The entire completed and signed solicitation shall be returned as part of your offer.
Also, be sure to complete all certifications in this solicitation.
**************THE FOLLOWING INFORMATION MUST BE PROVIDED**************
CLIN Manufacturer's Name Part Number Country of Origin
SOW
STATEMENT OF WORK
FOR
MAINTENANCE AND SERVICING OF PORTABLE FIRE EXTINGUISHERS
Contractors will follow all DODI, NFPA, and MANUFACTURERS RECOMMENDATIONS to inspect and or repair an estimated 3050 portable fire extinguishers and dispose of an estimated 2535.
1. DESCRIPTION OF SERVICES. Furnish all personnel, equipment, tools, materials, supplies, transportations and labor necessary to perform inspection, maintenance, and repair and recharge portable and wheeled fire extinguishers as defined in this Statement of Work (SOW).
The contract will service the following installations: Conform to all federal, state, local requirements, Occupational Safety and Health Administration (OSHA) and applicable manufacture recommendations as required in the SOW. Work to be performed in accordance with (IAW) current National Fire Protection Association (NFPA) 10 standard, Portable Fire Extinguishers, for the inspection and maintenance of all types of portable and wheeled fire extinguishers located on the following Navy Region Northwest installations: NBK Bremerton, to include Puget Sound Naval Shipyard (PSNS), Jackson Park, NBK Bangor, Keyport, NavMag Indian Island, Naval Air Station Whidbey Island, and Everett.
PARTS REPAIR. Contractor shall provide all parts and materials for repairs up to a cap of $3,000.00 annually.
1.2. OPERATIONAL REQUIREMENTS AND/OR TASK BREAKDOWN: Corrective maintenance returns a fire extinguisher to full operating capacity as described below.
1.2.1 Scheduling. The Contractor shall coordinate with the Fire Prevention Office (FPO) for a list of buildings and a list of facility contacts. The contractor shall notify the FPO before commencing any inspection/maintenance. The contractor shall be available on base a minimum of one day per month, per installation, to service previously identified unserviceable extinguishers. Contractor will be escorted into controlled areas, if necessary, by facility/building managers.
1.2.2 Inspections. Inspect and perform all annual, 6-year maintenance, and 5 or 12-year hydro testing, refilling and recharging of all portable and wheeled-type fire extinguishers IAW Section V-Technical Exhibit (TE) 1 of this PWS and the FPO coordinated list. Tag each extinguisher showing at a minimum: name of company, technician, and date of inspection. Contractor is not responsible for inspections of extinguishers mounted on vehicles, equipment, or aircraft. If any extinguishers are missing or discharged, immediately notify the Navy Region Northwest (NRNW) Fire & Emergency Services (F&ES) at (360) 396-5516.
1.2.3. Fire Extinguisher Recharge. The amount of recharge agent shall be verified by weighing. The recharge gross weight shall be the same as the gross weight that is marked on the extinguisher label. For 6-year maintenance or 5 or 12-year hydrostatic testing, extinguishers shall be emptied. The agent may be reused provided a closed system is used for emptying and the agent is stored in a sealed container to prevent contamination. A temporary extinguisher (of same type) shall be provided by the contractor when any extinguisher is removed from the facility/area for service.
1.3 Corrective Maintenance and Repair. Fire Extinguishers need to be operational at all times.
Corrective maintenance returns a fire extinguisher to full operating capacity as described below.
The contractor shall pick-up any extinguishers identified by NRNW F&ES FPO as needing repair/recharge within 2 weeks of notification. PARTS REPAIR. Contractor shall provide all parts and materials for repairs up to a cap of $3,500.00 annually.
1.3.1 Annual Maintenance. The contractor shall inspect, IAW NFPA 10, and repair extinguishers as necessary.
1.3.1.1. Painting. Fire extinguishers shall be painted as necessary for the purpose of corrosion control. Extinguishers shall be painted in accordance with the manufacturer’s specifications.
1.3.1.2. Labeling. The contractor shall replace fire extinguisher identification labels, classification symbols, product inspection stickers/plates/decals and other required information labeling if the originals are damaged or missing. Labeling shall be in accordance with the manufacturer’s specifications.
1.3.2 Unserviceable Extinguishers. The contractor shall verify any unserviceable extinguisher with the fire department. The contractor shall dispose of any extinguisher deemed unserviceable IAW NFPA 10 and those identified as non-required by the Fire Prevention Office. The contractor is not responsible for permanent replacement of extinguishers that are unserviceable due to age, corrosion, etc.
1.3.3 The 6-year Fire Extinguishers Maintenance. The contractor shall perform overhaul maintenance, repair, and recharging IAW NFPA 10 and the manufacturer’s recommendations for each type of extinguisher IAW Technical Exhibit 1. Each 6-year maintenance shall be recorded on a collar tag and record decal affixed to the exterior of the extinguisher shell. The 5-year and 6-year maintenance of each extinguisher shall include the replacement of parts such as, but is not limited to, service collars, o-rings, valve stems, pins and inspection tags.
1.3.4 The 5 or 12-year (Hydrostatic) Extinguishers Maintenance/Testing. The contractor shall hydrostatically test extinguishers as specified in the manufacturer’s recommendations.
Affix collar tag and record decal on the exterior shell of extinguishers that pass the test. The contractor shall dispose of extinguishers that fail the hydrostatic test. Provide the type, size and serial number of failed extinguisher to the Fire Prevention Office. The 5 or 12-year maintenance of each extinguisher, shall include the replacement of parts such as, but is not limited to, service collars, o-rings, valve stems, pins, and inspection tags.
1.4 Record Keeping and Documentation. The contractor shall create and maintain an Inventory Record of all extinguishers. The inventory record will consist of a computer-generated listing of each facility detailing extinguisher installation, type, size, location, serial number, and last inspection date. The contractor shall continuous update this Inventory Record to include the due date of the next 6-year maintenance, and 5 or 12-year hydrostatic tests of each extinguisher and correct count of the extinguishers for each facility. Send a copy of this inventory record via email to NRNW F&ES Fire Prevention Office (FPO) each month.
1.5. Environmental Protection. The contractor shall ensure that the purchase, use, handling, storage, and disposal of all toxic, hazardous and special materials and wastes are in accordance with federal, state and local environmental protection regulations. A closed recovery system is required for the recovery of dry chemical fire extinguishing agents.
1.6. Extinguishers Purchasing. Additional bottles may need to be purchased (new) throughout the year as required to replace extinguishers that are no longer serviceable, not to exceed annual quantities in the table below. Deliver extinguishers within 2 weeks after notice of need from COR. Deliver bottles in conjunction with weekly service call.
ITEM TYPE EXTINGUISHER SERVICE REQUIRED ESTIMATE
D
1 ABC, 5 lb Purchase 35
2 ABC,10 lb Purchase 35 4 Class K, Wet Chemical Purchase 10 5 CleanGaurd Purchase 4
6 ABC, 20 lb Purchase 6
7 CO2, 20 lb Purchase 6
2. Service Delivery Summary.
The Service Summary is a list of performance objectives and performance thresholds that represents the minimum acceptable level of performance. The performance objectives and thresholds shall be regularly verified by the FPO. Each performance objective represents a significant task as identified by the Government at the time of contract award. These performance objectives and performance thresholds represent only the significant task of this contract and do not excuse the Contractor from performance of other responsibilities identified in this PWS. Additionally, performance objectives may be added or deleted and performance thresholds raised or lowered during the course of the contract by a modification to the contract.
PERFORMANCE
PARAGRAPH PERFORMANCE THRESHOLD
1. Inspections/Maintenan ce/Repair
a. Annual Fire
Extinguishers
b. 6-year
Extinguishers
c. 5 and 12-year
Extinguishers
d. Unserviceable
Extinguishers
1.2.2; 1.3;
1.3.1;
1.3.3;
1.3.4;
1.3.2
Inspect 90% of fire extinguishers during performance period.
90% of Fire Extinguishers are operational at all times.
PERFORMANCE
PARAGRAPH PERFORMANCE THRESHOLD
2. Record Keeping/Reports:
Submitted within specified time.
1.4 Due monthly and prior to invoicing.
Emai led by the 5th of each month 90% of the time, with the remaining 10% by 10th of each month
3. Government Furnished Property and Services.
Extinguishers necessary to accomplish the work IAW this contract. The government will not furnish extinguishing agent of any kind.
4. General Information
4.1. Quality Control. Contractor shall develop and maintain a quality program to ensure maintenance and repair services are performed in accordance with NFPA and other applicable standards and the manufacturer’s instructions. The contractor shall develop and implement procedures to identify and prevent defective services from reoccurring. As a minimum, the contractor shall develop quality control procedures that address the areas identified in paragraph 2, Service Delivery Summary. The government evaluator must have a specific quality control inspector to notify in case of customer complaints.
4.2. Quality Assurance. The government will periodically evaluate the contractor’s performance in accordance with applicable contracting regulations
4.3. Government Remedies. The contracting officer shall ensure the requirements of Contract Terms and Conditions are followed, and investigate contractor’s failure to correct nonconforming services.
4.4. Hours of Operation. 0700 to 1500
4.5. Security Requirements. The Contractor shall obtain and maintain installation access.
Contact the Installation Security Office for requirements.
4.6. Special Qualification. Contractors performing maintenance and recharging of extinguishers shall meet one of the following criteria:
(1) Factory training and certification for the specific type and brand of portable fire extinguisher being serviced
(2) Certification by an organization acceptable to the authority having jurisdiction
(3) Registration, licensure, or certification by a state or a local authority having jurisdiction. A copy shall be provided to the Contracting Officer.
4.7 Transportation. Transportation of the extinguishers will be the sole responsibility of the contractor. Contractor has the option to service the extinguishers on site if they have the ability.
Contact the Fire Prevention Office to make pick-up/drop-off arrangements.
SECTION V TECHNICAL EXHIBITS (TE)
Technical Exhibit 1–Equipment List (attached)
ITEM TYPE EXTINGUISHER SERVICE REQUIRED ESTIMATED
QUANTITY
1 Handheld ABC Portables Annual Inspection/Maintenance 3050 2 Halatron, 150 lb. Wheeled Annual Inspection/Maintenance 6
3 Halatron, 65 lb Wheeled Annual Inspection/Maintenance 90
4 ABC, 5 lb 6-Year Maint & Refill 94
5 ABC, 10 lb 6-Year Maint & Refill 433 6 ABC, 20 lb 6-Year Maint & Refill 7 CO2, 20 lb 6-Year Maint & Refill 5 8 Clean Agent (CleanGuard) 6-Year Maint & Refill 5 9 ABC, 5 lb 12-Year Hydro Test & Refill 22 10 ABC, 10 lb 12-Year Hydro Test & Refill 68 11 ABC, 20 lb 12-Year Hydro Test & Refill 5 12 CO2, 20 lb 12-Year Hydro Test & Refill 5 13 Clean Agent (CleanGuard) 12-Year Hydro Test & Refill 5 14 Class K 5 Year Hydro Test & Refill 23 15 Handheld Portable Disposal 2535
REPORTING:
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract to the POC 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 shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site.
The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.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://www.ecmra.mil
Any exceptions or exclusions regarding the inclusion of this language are addressed in NMCARS 5237.102-90 (a) and (b).
NOTE: The NAVSUP Contracting Officer’s Representative Instruction 4205.3F dated 19 Aug 2015, Enclosure (2) NAVSUP COR Procedures for Monitoring Contractor Performance, paragraph 8, addresses the required ECMRA access for COR’s to perform their duties.
**The COR Letter of Appointment must clearly outline the COR duties in accordance with the Enterprise Contractor Manpower Reporting Application (ECMRA) User Guide. The guide’s https://www.ecmra.mil/ https://www.ecmra.mil/
Section 12.1.2 “Responsibilities of a Contracting Officer Representative (COR)” addresses the COR’s duties and responsibilities for acquisitions which include services. Quick guides are also available at the following link.
https://www.ecmra.mil/help/help.html
**CORs are responsible to verify that contractors submit their data in the ECMRA tool. For all FY17 actions not yet addressed, please validate FY17 contracts in ECMRA. **
SUPTXT203.1106-1 (3-18) CONTRACTOR SUPPORT THROUGH THE ABILITYONE PROGRAM
NAVSUP Fleet Logistics Center Puget Sound 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 Surveillance Official 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 Puget Sound contract.
https://www.ecmra.mil/help/help.html
THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF
WORK/PERFORMANCE WORK STATEMENT.
SUBTXT204-9400 (1-18) Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (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 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 Command’s Security Manager 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 of the performance start date.
Definition of “productive”:
a. Visit Authorization Request (VAR)
b. Contractor Information Sheet (CIS)
c. Completed EQIP (Electronic Investigation)
d. All contractor resource(s) must have an active JPAS profile.
e. Common Access Card (CAC)
Note (1): Invoicing by the contractor will begin as of the commencement of the performance period of services and no reimbrusement will be paid by the government for efforts expended during the start-up period.
Note (2): Foreign Nationals are not allowed acces sot the functional/system side of Enterprise Resource Planning
(ERP).
ACCESS TO DOD INFORMATION TECHNOLOGY ( IT) SYSTEMS
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 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 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 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 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 CSM and ISSM/IAM 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 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 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 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. 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 Protected Health Information (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 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 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 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 Cyber Awareness training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Command Security Manager. The Command’s Security Manager 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 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 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 US citizen or a US permanent resident with a minimum of 3 years of 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) or T1 investigation equivalent 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 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 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-US citizens outside the United States.
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Group
PORTABLE FIRE EXTINGUSHER MAINTENANCE
FFP
MAINTENANCE AND SERVICING OF PORTABLE FIRE EXTINGUISHERS
OVER NAVY REGION NORTHWEST INSTALLATIONS. SEE STATEMENT
OF WORK (SOW).
FOB: Destination
MILSTRIP: N6874220RC0022C
PURCHASE REQUEST NUMBER: N6874220RC0022C
PSC CD: J042
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JAN-2020 TO
01-JAN-2021
N/A N61058 US NAVY
SEE PAGE 4 OF ORDER FOR
SHIPMENT REQUEST PROCEDURES
. WA 00000
FOB: Destination
N61058
CLAUSES INCORPORATED BY REFERENCE
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FEB 2016
52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May
2011) Alternate I
MAY 2011
52.223-5 Alt II Pollution Prevention and Right-to-Know Information (May 2011) Alt II
MAY 2011
52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.
JUN 2016
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017
252.225-7036 Alt I Buy American--Free Trade Agreements--Balance of Payments Program--Alternate I (Dec 2017)
DEC 2017
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
(AUG 2019)
(a) Definitions. As used in this provision— “Covered telecommunications equipment or services,” “Critical technology,” and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Representation. The Offeror represents that—
It ___ will, ____ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer
(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service— https://www.sam.gov/
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2)…
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