24R0004 Amendment 00001.pdf

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 reason for this amendment is to adjust the period of performance of the CLINS to reflect the correct dates, amend the dates in the PWS to reflect the changes to the period of performance, and extend the due date of submissions. The POC for this amendment is Jeff Bulthuis jeffrey.s.bulthuis.civ@us.navy.mil.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 33

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

16C. DATE SIGNED

BY 07-May-2024

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 N0040624R0004

X 9B. DATED (SEE ITEM 11)

11-Apr-2024

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

07-May-2024

CODE

NAVSUP FLC PUGET SOUND

467 W STREET, 2ND FLR

ATTN: JEFFREY BULTHUIS

BREMERTON WA 98314

N00406 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0040624R0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 07-May-2024 02:00 PM to 09-May-

2024 01:00 PM.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

PERFORMANCE OF WORK

NCTS Far East, Performance Based Work Statement for Telephone Switch Maintenance, Extended Service Plan

1.0 Purpose:

Provide 24 hours a day, 7 days a week and 365 days a year (24x7x365) maintenance and sustainment support for all Navy-owned Nortel\Avaya\GenBand Telephone Switching systems and their associated equipment. This maintenance and sustainment support will also include routine and emergency technical assistance, as well as repair and return of unserviceable telephone switch and power supply components throughout the NAVCOMTELSTA FAR EAST Area of Responsibility (AOR) as listed in Paragraph 3.0 below. The Contractor shall administer any applicable manufacturer's warranty for Contractor-furnished equipment. All components furnished or purchased by the government will be retained by the government at the end of this contract.

2.0 Scope:

Technical Assistance Services (TAS) Contractor shall provide three full-time On-Site Technical Assistance (OSTA) support as follows:

a) One (1) technician in Yokosuka Japan to support digital and analog switching system requirements performing routine moves, adds, and changes, system status monitoring, trunk monitoring, emergency repair and escalation support for outages and/or equipment failure. Provide OEM patching and software updates as needed, or when required to repair a defective system component. List of components in paragraph 3.0 below provides information on the systems supported on this contract.

b) One (1) technician in Sasebo Japan to support digital and analog switching system requirements performing routine moves, adds, and changes, system status monitoring, trunk monitoring, emergency repair and escalation support for outages and/or equipment failure. Provide OEM patching and software updates as needed, or when required to repair a defective system component. List of components in paragraph 3.0 below provides information on the systems supported on this contract.

c) One (1) Information Assurance (I/A) System Administrator in Yokosuka Japan performing patching and scanning Avaya, Nortel and GenBand digital switching systems and servers. Server certificate management and updates for all supported platforms listed in paragraph 3.0. Provide OEM patching and software updates as needed when local technicians require assistance.

2.1 On-site technicians for Yokosuka and Sasebo ( a & b above) are to begin at the start of the contract and continue into the follow on option years. I/A technician for Yokosuka (c) shall start from Option year 1 of the contract and remain for the follow on option years. Contract base year and options are anticipated as follows:

11-Month Base Period – June 2024 ~ May 2025 – 2 technicians Option Year 1 May 2025 ~ May 2026 – 3 technicians Option Year 2 – May 2026 ~ May 2027 – 3 technicians Option Year 3 – May 2027 ~ May 2028 – 3 technicians Option Year 4 – May 2028 ~ May 2029 – 3 technicians

2.2 Technicians will be responsible for initial troubleshooting support, emergency response, on-site training (hands-on support instruction to government Operation & Maintenance providers), peripheral equipment support, and project/engineering support as required. The technician will be on site Monday through Friday between 0800 - 1645 Japan Standard Time and will receive day-to-day direction from the Site Lead. For this effort, the Yokosuka Technician will serves as the site lead. The contractor shall ensure that higher-level OEM support is available to the onsite technicians 24 X 7 X 365. This service is for all Nortel\Avaya\GenBand equipment and voicemail as identified in paragraph 3.0. All contractor personnel performing maintenance on this contract shall possess a CompTia Security + CE certification and/or meet the requirements of Specialty Area 40 (O&M) via other methods described in the SECNAV Manual 5239.2 for Cyber Security Work Force (CSWF), commonly referred to IAT Level II certification in the commercial industry. Example of industry IAT Level II – COMPTIA Security + CE certification or higher CASP, CISSP, etc.

2.3. The contractor shall have experience providing technical support and service on the Nortel\Avaya\GenBand Digital-telephone switches. Contractor shall be equipped with the necessary technical documentation, tools and test equipment needed to accomplish the service required.

2.4. OSTA personnel may be required to travel occasionally to other areas in the region in support of “emergency demand maintenance” on failed telephone switching equipment as a term and condition of this contract. Travel, to the sites listed in paragraph 3.0 while infrequent, will be the responsibility of the contractor. Extended travel beyond 7 days is not anticipated, as OSTA technicians should be able to mitigate outages in a timely manner. All contractor personnel providing OSTA services overseas shall possess all required passports and shall have obtained all required immunizations prior to such employment. In addition, the contractor shall obtain for those personnel departing from CONUS all necessary clearances and identification such as SPOT Letters of Employment (SPOT LOE).

All OSTA personnel shall obtain and maintain at least a U.S SECRET security clearance for access in secure governmental facilities and a DD254 will be issued. SECRET clearance requirements are based on the access to government classified information. The contractors will require access to classified spaces and projects. The contractor will not be required to have SIPR network accounts, but the government will brief and conduct reviews of classified information with the contractor. All generation, storage, transmission and handling of SECRET materials will be an inherently government function and will not be performed by the contractor. Inability by the contractor to obtain, or delay in obtaining, required passports, or other requirements for overseas support, shall not be construed as a cause for an excusable delay in performance of the contract unless caused by the Government. Expenses of passports, security clearance, and immunizations are solely those of the contractor, and are not direct reimbursable expenses.

2.5. Contractor shall provide remote maintenance, diagnostics, routine technical assistance, and emergency technical assistance services (ETAS) (emergency status determination resides with the Government). In addition to technical assistance, contractor shall perform testing, diagnostic fault isolation, problem resolution, and system restoration from the contractor’s facilities for all systems/subsystems identified below for NAVCOMTELSTA FAR EAST voice switching systems. Remote support includes both telephonic assistance and direct remote access to this switch, via available means.

2.6. Routine TAS requests will be responded to in order to meet the timeframes specified in paragraph 5.0.

Emergency ETAS requests will be responded to in no more than one (1) hour. The contractor shall provide a DSN and commercial phone number 24x7x365 as well as be able to call DSN Pacific 24x7x365.

2.7 Risk Management Framework / IA Technical Support - The contractor shall provide on-site Information Assurance (IA) scanning of all voice systems to include vulnerability identification and plan for remediation of all identified vulnerabilities. Remediation plan is due to the Government NLT 30 days after trip completion. The contractor shall also provide the Government a quote for completing any and all hardware and software updates/upgrades that might be required to complete the remediation and/or keep the supported systems in compliance with current approved Security Technical Implementation Guides. Current Approved STIG checklist is DSN Version 2 Release 8.

Product Support

2.8 Contractor shall provide repair/replacement (R/R) services for all critical Nortel \ Avaya \ GenBand system electronic circuit packs, subassemblies, servers and assemblies. Critical system electronic circuit packs, subassemblies, and assemblies include all cards and assemblies required to keep the digital Switching system operational and capable of delivering dial tone and switching services. Analog, digital, and ISDN BRI \ PRI line cards are considered consumable and will not be covered by this effort.

2.9 For routine replacement of government-owned parts, contractor shall provide Organizational and/or intermediate Level Maintenance (component-level repair and return), for the components installed in the systems identified in Para. 3.0 below in order to restore all failed components and end items to serviceable operating condition. Repaired components will operate the same as new components and will be returned to the Government within 60 days. All shipments shall be made to the requesting site’s return address. The following addresses shall be used:

FOR U.S. Postal Service:

NCTS-FE DET ATSUGI BASE COMMUNICATIONS OFFICE

PSC 477 BOX 80

FPO AP 96306-0080

NAVCOMTEL DET SASEBO BASE COMMUNICATIONS OFFICE

PSC 476 BOX 70

FPO AP 96322-0070

NCTS-FE YOKOSUKA BASE COMMUNICATIONS OFFICE

PSC 473 BOX 104

FPO AP 96349-0002

NCTS-FE DET DIEGO GARCIA BASE COMMUNICATIONS OFFICE

PSC 466 BOX 8

FPO, AP 96595-0008

For FedEx/UPS/DHL shipments:

US Naval Air Facility Atsugi Japan Base Communications Office, Bldg. 538 Ohgami, Ayase-shi, Kanagawa-ken, Japan 252-1101 Attn: Mr. Tani Phone: 011-81-467-63-3029/3559

U.S. NAVAL BASE, YOKOSUKA

Base Communications Office, BLDG. C-20

1-BANCHI, TOMARI-CHO, YOKOSUKA-SHI, KANAGAWA, JAPAN 238-0001

POC: MR. Kataoka

PHONE: 046-816-5554/5588

US Fleet Activities Sasebo Base Communications Office, Bldg 1632 Hirase-cho, Sasebo-shi, Nagasaki Ken, Japan 857-0056 Attn: Ms. Baba Phone: 001-81-956-50-2011 (Intl.)

2.10 The contractor shall be responsible for shipment of the repaired or replacement item(s) to the customer.

Shipments shall be via traceable means. The contractor will utilize shipment methods that allow for rapid transit through international customs clearance and ensure government-owned components are delivered in serviceable condition within 30 days of departure from contractor’s facility. Contractor shall mark all packages shipped with the following statement: “U.S. GOVERNMENT PROPERTY, FREE DOMICILE, DOOR TO DOOR.” In the event of a catastrophic failure of telephone switching systems where dial tone and/or call processing are unable to function – or – a component malfunction which results in the isolation of a base from the DSN, shipments shall be coordinated with the COR so the most expedient, traceable method of shipping is used.

2.11 For emergency replacement, contractor shall provide emergency replenishment services to NAVCOMTELSTA FAR EAST as requested/required; Emergency replacement consists of like-for-like, compatible replacement items shipped within 24 hours of approval from the contracting officer. The government site POC will request a quote from the contractor for the equipment. The government POC will request contracting officer to review and approve the equipment replacement with existing funds (utilizing the Materials CLIN NTE $15,000). To meet the Government’s high-priority, short lead-time emergency requirements, Contractor shall ensure emergency replacement contact is available 24x7x365. In response to any emergency repair/replacement request, an item will be shipped via overnight delivery or, in the case of Diego Garcia, the most expeditious shipping method available.

2.12 The Government will ship by registered mail or other traceable means, the defective item(s) for repair to the contractor designated repair facility, attaching appropriate tags and providing all necessary information regarding the defective item(s)

3.0 Components/Systems:

The following government-owned switches and peripheral equipment at the locations indicated will be supported under this contract.

Site Switch Software

Response Time(s)

Initial On-Site Response

Initial Dial-In Response

Yokosuka BCO-Controlled Assets

Yokosuka

MSL-100 / CM8

/ CM10 SE-09

2 Hours or less 1 Hour or less

Yokosuka M1(2) 3.0/25.40B 2 Hours or less 1 Hour or less

Yokosuka RCC2 SE-09 2 Hours or less 1 Hours or less

Yokosuka AS5300 2.0 3 Hours or less 2 Hours or less

Yokosuka (B1559) 11C S25.15 2 hours or less 1 Hours or less

Ikego M1 Opt 81C S4.5 3 Hours or less 2 Hours or less

Tsurumi 11C S4.5 3 Hours or less 2 Hours or less

Hakozaki 11C S4.5 3 Hours or less 2 Hours or less

Urago 11C S4.5 3 Hours or less 2 Hours or less

Atsugi BCO-Controlled Assets

Atsugi MSL-100 SE-06 2 Hours or less 1 Hour or less

Atsugi Opt 61C S3.0 2 Hours or less 1 Hour or less

Sasebo BCO-Controlled Assets

Sasebo

MSL-100 / CM6

/ CM8 / CM10 SE-06

2 Hours or less 1 Hour or less

Sasebo AS5300 3.0 3 Hours or less 2 Hours or less

Sasebo Switch Expert

USB-IIRO-

2 Hours or less 1 Hour or less

Hario Shima Ordnance 11C S3.0 3 Hours or less 2 Hours or less

Yokose RCC2 SE-06 2 Hours or less 2 Hours or less

Hario Village CM6/CM8/CM10 6.2.1 3 Hours or less 2 Hours or less

Maebata 11C S3.0 3 Hours or less 2 Hours or less

Akasaki RLCM SE-06 3 Hours or less 2 Hours or less

Diego Garcia BCO-Controlled Assets

Diego Garcia MSL-100 SE-06 N/A 1 Hour or less

4.0 Deliverables

Deliverables to be submitted by Contractor

Monthly Status Report – report will detail weekly activities of on-site technician (CDRL FE01). Contractor to provide draft format for review within one (2) weeks of contract award. Monthly status report will be provided to the COR.

Trouble Ticket Report – report to be provided at least quarterly that contains analysis of closed trouble tickets. The analysis will contain reason for outages, resolution steps, days to close and available trend analysis info. Trouble Ticket Report will be provided to the COR.

Acceptance of Deliverables The Government will review the vendors return “DRAFT” or the draft/final deliverables. All errors identified by the government shall be corrected within four (4) business days Corrections to Rejected Deliverables The Government will return rejected deliverables to the contractor with written notification as the reason for rejection. The contractor shall make the corrections and submit the revised deliverable to NAVCOMTELSTA FAR EAST to the Base Telephone Officer, within four (4) government working days.

5.0 Performance Standards/Quality Assurance Surveillance Plan

Acceptable Quality Level (AQL) Performance Objective

Performance Threshold Contractor’s Metrics

Repair and Return Repair and Return (R&R) of replaceable components will be completed within sixty

(60) calendar days or best business practice from date the equipment arrives at the depot.

70% of R&R actions are completed within sixty (60) calendar days based on date equipment arrives at depot and is returned to the site once it has been repaired.

Advance Replacement

Advance Replacement (AR) items will be received at the requesting site within seven

(7) calendar days from date trouble ticket is initiated.

Government will send defective/inoperative items to depot within five (5) calendars days after receipt of AR item(s) from depot.

AR items are received at the site within seven (7) calendar days based on date the ticket is opened and the equipment is received at the site.

Switch Troubles Routine switch outages are responded to within four (4) hours Escalation to Tier II ETAS NOC is undertaken when the onsite technician is unable to respond and/or has spent a cumulative of two (2) hours attempting to resolve an outage

On-Site technician has responded to routine outage within four (4) hours and is able to clear routine troubles/alarms within two hours of response.

Escalation is accomplished to Tier II ETAS NOC inside the two (2) hour prescribed limit if On-Site Technician is unable to clear the outage/alarm.

Deliverables are received on time

No occurrences of late submissions Monthly reports from site technician are submitted within one (1) work day following completion of the previous month.

Monthly report is submitted on the first business day of the month for the preceding month’s activities.

Contractor Compliance with Combatting Trafficking in Persons

100% of the time Government will assess overall compliance throughout contract performance

6.0 General Information

Place of Performance:

Primary place of performance for the Base and Option years shall be Building C-20, Yokosuka Naval Base, and Building 1632, Sasebo Japan All travel outside the primary place of performance will be performed IAW JTR.

6.1 Anticipated Travel: For the purpose of drafting a proposal, travel is anticipated as follows.

8 Trips per year 2 week duration 1 contract employee Travel from Yokosuka to Diego Garcia (furthest destination)

6.2 Period of Performance:

Phase-In Period: 01 June 2024 through 29 June 2024 11-Month base period: 30 June 2024 through 29 May 2025 Option period 1: 30 May 2025 through 29 May 2026 Option period 2: 30 May 2026 through 29 May 2027 Option period 3: 30 May 2027 through 29 May 2028 Option period 4: 30 May 2028 through 29 May 2029

7.0 Government Furnished Equipment and Logistic Support

Office space suitable for each technician and their associated test equipment and tools Computer workstation with government unclassified LAN access, government e-mail account and print capability Access to government switch rooms, MAP terminals, tools and MDF rooms On-site technician will be issued a government cellular phone for recall, anti-terrorism and force protection purposes SOFA status (to include identification card) These items will be provided per OSTA at permanently assigned site (Sasebo/Yokosuka) Government Points of Contact

TO BE GIVEN IN AWARD.

8.0 Service Contract Reporting

“Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address:

https://sam.gov/SAM/.

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://sam.gov/SAM/.”

9.0 Information for Contractor Employees Seeking to Enter Japan

1. The following is provided for the information of contractors to the U.S. Navy whose employees need to enter Japan to perform contract requirements.

2. See https://www.japan.travel/en/coronavirus/ for a list of the current restrictions and COVID entry procedures.

3. All contractor personnel arriving in Japan should utilize the process outlined in the USFJ Instruction to ensure they are recognized as members of the civilian component under Article 1.b. of the SOFA. The process requires that a contractor contact the contracting officer for the contract on which its employee will perform in Japan prior to the employee traveling to Japan. Contact is made through the Synchronized Pre-deployment and Operational Tracker (SPOT) system. The contractor will provide information to the contracting officer about the traveling employee.

Following review, the contracting officer will issue the contractor a Letter of Authorization (LOA). The incoming contractor employee will hand carry a copy of the LOA and show it to the Japanese immigration authority at the port of entry as evidence of SOFA status. Contractors who do not have current access to SPOT should contact their contracting officer for information about accessing SPOT.

4. This memo is intended to provide current information for contractors whose employees need to enter Japan to perform contract requirements. Nothing in the memo should be understood to change the terms or conditions of an existing contract. Any such changes must be made by an authorized contracting officer per 52.212-4.

The following attachments will be provided upon request USFJI 64-100, Contract Performance in Japan (25 Oct 2019)

SUPTXT204-9400(8-22)

Consult with your CSM and ISSM/IAM for local policy when Authorized User (non-sensitive) access is required for non-U.S. citizens outside the U.S.

Contractor and all Contractor employees with access to or responsibility for performing maintenance of this contract shall comply with DoD Directive 8500.1E IA, DoDI 8510.01 Risk Management Framework (RMF) for DoD IT, DoD Directive 5400.11 DoD Privacy Program, DoD 5200.2-R Personnel Security Program and HSPD 12

1) Be CAC ready at the properly designated IT System Level

2) At minimum, all contractor employees must possess/maintain the required background investigation as determined by the PDT and/or IT access user level. This requirement is critical in order to access the government data base systems It is the contractor’s responsibility to ensure that 100% of the contractor employees have the ability to acquire a favorably adjudicated background investigation. In addition, interim approval of clearances is not authorized.

3) Be citizens of the U.S

4) If at any time, any contractor employee requiring a Common Access Card (CAC) is unable to possess/maintain the required adjudicated background investigation, the contractor shall immediately notify the NAVSUP COR to coordinate removal of such a person from work under this contract.

5) Contractor employees with access to or responsibility for nonpublic government data under this contract must comply with HSPD-12 Personal Identity Verification (PIV) issuance requirements, known as the CAC.

SUPTX204-9400(4-22) CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED

FACILITIES, SENSITIVE INFORMATION, INFORMATION TECHNOLOGY (IT) SYSTEMS OR

PROTECTED HEALTH INFORMATION

The security text does not apply in cases where the contractor/vendor does not have access to Navy Marine Corps Intranet (NMCI) computers, is not issued a Common Access Card (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 local text does not apply to non-United States (U.S.) Nationals (foreign nationals) who are contactor employees performing work overseas. This text 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 CAC credentials until completion of their investigation and not in the interim.

Per Department of Defense Memorandum (DoDM) 5200.2, Department of Defense (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 (OSD), 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 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

Definition. As used in this clause - Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department, or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (see 10 U.S.C. 2801(c)(4)).

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.

Training. Contractor employees who require routine physical access to a Federally controlled facility or military installation shall complete “Level I Antiterrorism Awareness Training” prior to gaining access to a facility and annually thereafter in accordance with DoDI O-2000.16 Vol. 1. In accordance with Department of Defense Instruction O-2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I Antiterrorism Awareness Training shall be completed by:

1. Completion of “Level I Antiterrorism Awareness Training” available at https://jkodirect.jten.mil/pdf/atl1/launch.html; or

2. Under the instruction of a qualified Level I Antiterrorism Awareness instructor; or

3. By providing a training certificate for “Level I Antiterrorism Awareness Training” training showing completion within the last calendar year.

The contractor will submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, prior to being granted access to a Federally controlled facility or military installation.

Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts, including subcontracts for commercial items, when subcontractor performance requires routine physical access to a Federally-controlled facility or military installation.

OPERATION SECURITY (OPSEC)

It is DoD policy according to DoD Directive 5205.02E, “DoD Operations Security (OPSEC) Program,” June 20, 2012, as amended to establish and maintain OPSEC programs to ensure national security-related missions and functions are protected.

Training: Contractor employees shall comply with all DoD OPSEC requirements and complete “OPSEC Awareness for Military Members, DoD Employees and Contractor” training within 30 days of onboarding the contract and annual refresher training thereafter. Training shall be completed through a DoD sponsored and certified computer or web-based learning instruction available at https://securityawareness.usalearning.gov/opsec/index.htm.

The contractor will submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after training is completed by all employees and subcontractor personnel.

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"

OF-306 signed by contractor employee FD-258 Fingerprint Card (Contingent upon availability of electronic fingerprinting submission) Completed Electronic Investigation (e-QIP)

All contractor employees with need for a Common Access Card (CAC) must have an active Defense Information System for Security (DISS) profile.

Common Access Card (CAC) DISS Visit Request submitted (Contingent upon classification of work being performed, Confidential, Secret, Top Secret).

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 DON CIO Memorandum (IT LEVEL DESIGNATION ON DD FORM 2875 SYSTEM AUTHORIZATION ACCESS REQUEST) 08 September 2020, contractor employees who require access to Department of the Navy (DoN) or DoD networks are categorized as Privileged, Enhanced, or Authorized users. All user level accesses may include positions which require access to Controlled Unclassified Information (CUI). CUI includes sensitive information protected under the Privacy Act, to include Protected Health Information (PHI). IT System levels are determined by the requiring activity's Command Information System Security Manager (ISSM)/Information Assurance Manager (IAM).

Contractor employees requiring privileged access, (when specified by the terms of the contract) require a Tier 5 (T5) or T5R equivalent investigation, which is a higher level investigation than the Tier 3 (T3) and 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 or Computing Environment they are required to maintain.

Contractors requiring Enhanced access, (when specified by the terms of the contract) require a T3, T3R, or equivalent investigation, which is a higher level investigation than the Tier 1 (T1) described below. Due to the enhanced system access, an investigation suitable for Moderate Risk national security positions is required.

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 Contracting Officers Representative (COR) shall sign the SAAR-N as the supervisor.

The SAAR-N shall be forwarded to the CSM upon contractor employee acquiring a Common Access Card (CAC) credential. Failure to obtain a CAC credential 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 contractor employees requiring access complete annual Cyber Awareness training, and maintain a current requisite background investigation. The contractor's security representative shall contact the CSM 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.

ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION

Safeguarding sensitive unclassified information is critical to achieve NAVSUP Modernization efforts and deliver cutting-edge and uncompromised capabilities. The Secretary of Defense’s operations security (OPSEC) campaign plan stresses the importance of protecting controlled unclassified information (CUI). CUI encompasses OPSEC, critical technology, intelligence, and personally identifiable information that, if not properly identified, marked, and controlled, could impair NAVSUP’s ability to conduct its mission. Contractor employees with access to Controlled Unclassified Information (CUI) shall comply with DoDI 5200.48 - Controlled Unclassified Information (CUI) and complete DoD approved initial and annual refresher CUI training.

a. Whenever Government provides CUI to, or CUI is generated by, non-DoD entities, all CUI records must be handled as required by the approved mandatory disposition authority.

b. All CUI records must follow the approved mandatory disposition authority whenever the Government provides CUI to, or CUI is generated by, non-DoD entities in accordance with Section 1220-1236 of Title 36, CFR, Section 3301a of Title 44, U.S.C., and the DoDI 5200.48.

c. Contractor employees shall monitor CUI aggregation and compilation based on the potential to generate classified information pursuant to security classification guidance addressing the accumulation of unclassified data or information

d. Contractor employees shall submit unclassified government information for review and approval for release in accordance with the Standard DoD Component Processes, DoDI 5230.09, and DoDM 5205.07, Volume 1.

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. If the Security Office validates the contractor’s position is Non-Critical Sensitive or if the IT system user level is determined to be Enhanced, at a minimum, each contractor employee must be a US citizen and have a favorably completed T3, T3R, or equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or Enhanced position. The investigation consists of a standard National Agency Check and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or Enhanced 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 electronic fingerprint submission (preferred))

• 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 CSM 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 CSM upon the contractor employee acquiring a Common Access Card (CAC) credential. Failure to obtain a CAC credential or provide the required documentation 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 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.

For classified contracts, if the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Access Request (VAR) via the Defense Information Security System (DISS). If the contractor employee does not have a current favorably adjudicated investigation, the contractor shall submit the Visit Access Request in DISS until the contractor employee has at a minimum an interim clearance. If the contract only requires access to unclassified information, even if the contractor takes a DISS “owning” role over the contractor employee, the Navy Command will also take a DISS “owning” role over the contractor employee during the hiring process and for the duration of assignment under that contract. If the contract requires access to classified information, the contractor’s Facility Security Office (FSO) will take a DISS “ownership” role and the Navy command will take a DISS “servicing” role during the hiring process and the duration of assignment under that contract. All VARs 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 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 Instruction (INST)) and

Must have a favorably completed NACI or T1 investigation or 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 the preferred method - 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.

SUPTXT 225-9401(4-22) JAPANESE CONCILIATION PROCEDURES

This text implements Article XVIII, paragraph 10 of the Status of Forces Agreement.

JAPANESE CONCILIATION PROCEDURES

(a) Except as otherwise provided in this contract any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for conciliation IAW paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the U.S. of America. Request by the contractor for conciliation shall be made IAW the procedures provided herein.

(b) In the event the contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact within the time limits described therein before filing request for conciliation with the Joint Committee and then request for appellate authority under the clause of this contract entitled disputes to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(c) The request for conciliation will be submitted by the contractor through the nearest local Japanese Defense Facilities Administration Bureau to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the contractor will immediately notify the Contracting Officer in writing that the request for conciliation has been filed.

(d) In the event the disagreement submitted to the Joint Committee under subparagraph (b) above has been resolved through conciliation, it will be the responsibility of the contractor to notify the appellate authority designated in the clause of this contract, entitled disputes, of the settlement of the dispute and to withdraw his appeal.

(e) In the event the contractor who has submitted a request for conciliation to the Joint Committee under subparagraph (b) above desires, notwithstanding the pending request for conciliation, that action by the appropriate authority under the clause of this contract entitled disputes be resumed on his appeal, it is his responsibility to so request the said authority in writing. The Joint Committee shall be immediately informed by the contractor of his action taken hereunder.

(f) No request for conciliation can be submitted to the Joint Committee in the case of a dispute upon which the final decision of the appropriate authority under the clause of this contract entitled disputes has been rendered.

Pending the hearing of conciliation panel the contractor shall proceed diligently with the performance of the contract and IAW the Contracting Officers decision. The provisions of this clause local text shall not prejudice any right which the parties to the contract may have to file a civil suit.

SUPTXT 237-9400(4-22) SUBSTITUTION OR ADDITION OF PERSONNEL

SUBSTITUTION OR ADDITION OF PERSONNEL

(a) The contractor agrees to assign to the contract those persons whose resumes, personnel data forms or personnel qualification statements were submitted as required by Section L to fill the requirements of the contract.

No substitution or addition of personnel shall be made except IAW this clause local text.

(b) The contractor agrees that:

During the contract performance period during the first ** days of the contract performance period no personnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden illness, death or termination of employment. In any of these events, the contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (d) below.

(c) If personnel for whatever reason become unavailable for work under the contract for a continuous period exceeding thirty (30) working days, or are expected to devote substantially less effort to the work than indicated in the proposal, the contractor shall propose a substitution of such personnel, IAW paragraph (d) below.

(d) All proposed substitutions shall be submitted, in writing, to the Contracting Officer at least fifteen (15) days thirty (30) days if a security clearance must be obtained) prior to the…