N42158-19-Q-N009.rtf

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CRANE JANITORIAL SERVICE Federal contract opportunity
Solicitation number
N4215819QN009
Issued by
Department of the Navy Naval Sea Systems Command

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SOLICITATION

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N4215819QN009

Section SF 1449 - CONTINUATION SHEET

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Months

CRANE JANITORIAL SERVICES

FFP

CRANE JANITORIAL SERVICES

Weekly Cleaning Services on Portable Toilets in accordance with the Performance Work Statement found herein.

(See Technical Capability Statement)

25 CLEANING RATE PER WEEK (i.e. four weeks):

MONTHLY - $___________

***Note: one month= 30 Days

FOB: Destination

MILSTRIP: N4215819RC90080

PURCHASE REQUEST NUMBER: N4215819RC90080

PSC CD: S205

NET AMT

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Job

REPLACEMENT OF JANITORIAL CRANES

Unit Removal and Sanitation of Area Site in accordance with the Performance Work Statement found herein.

MILSTRIP: N4215819RC90080

PURCHASE REQUEST NUMBER: N4215819RC90080

QUANTITY

UNIT

UNIT PRICE

AMOUNT

OPTION

FFP

CRANE JANITORIAL SERVICES

Weekly Cleaning Services on Portable Toilets in accordance with the Performance Work Statement found herein.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Unit Removal and Sanitation of Area Site in accordance with the Performance Work Statement found herein.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

FFP

CRANE JANITORIAL SERVICES

Weekly Cleaning Services on Portable Toilets in accordance with the Performance Work Statement found herein.

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Unit Removal and Sanitation of Area Site in accordance with the Performance Work Statement found herein.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government Destination Government

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

DODAAC / CAGE

POP 31-DEC-2018 TO

30-DEC-2019

N/A

NORFOLK NAVAL SHIPYARD

SEE TECHNICAL POC

FOR DELIVERY AND CONTACT INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

N42158

POP 31-DEC-2018 TO

30-DEC-2019

N/A

(SAME AS PREVIOUS LOCATION)

POP 31-DEC-2019 TO

30-DEC-2020

N/A

(SAME AS PREVIOUS LOCATION)

POP 31-DEC-2019 TO

30-DEC-2020

N/A

(SAME AS PREVIOUS LOCATION)

POP 31-DEC-2020 TO

30-DEC-2021

N/A

(SAME AS PREVIOUS LOCATION)

POP 31-DEC-2020 TO

30-DEC-2021

N/A

(SAME AS PREVIOUS LOCATION)

PERFORMANCE WORK STATEMENT:

1.0 SCOPE.

The Contractor shall provide janitorial services to remove and dispose of toilet waste and clean self-contained portable toilets placed on cranes located at Norfolk Naval Shipyard (NNSY), Portsmouth, VA and Naval Station Norfolk, VA. Cranes on which toilets are placed include waterfront dock cranes, building bridge cranes, and floating barge cranes, which will be moored to a pier or berth at the NNSY waterfront or Naval Station Norfolk. Toilet elevations correspond to crane heights, ranging from 25 feet to 85 feet elevation. The toilet type(s) on all cranes is Porta John Mini Flush MRF555 25-gallon toilets or similar.

2.0 APPLICABLE DOCUMENTS.

NAVSHIPYDNORINST P5090.2 Norfolk Naval Shipyard OSHE Program Manual

Norfolk Naval Ship Yard Weekly Crane Toilet Cleaning Record spread sheet (Copy attached to this solicitation)

29 CFR PART 1910 Occupational Safety and Health Standards (OSHA)

29 CFR 1915 Occupational Safety and Health Standards for Shipyard Employment

29 CFR 1915.89 Control of Hazardous Energy (Lockout/Tags-Plus)

29 CFR 1926 Occupational Safety and Health Standards for Construction

3.0 REQUIREMENTS.

3.1 Environmental Health Safety and Security Requirements.

The Contractor and his Sub-Contractors shall comply with all environmental health, and safety regulations. Government environmental, health and safety inspectors, and any explicit or implicit approvals, do not relieve the Contractor of an obligation to comply with all applicable environmental, health, safety, and security regulations. The Government will investigate all complaints of environmental health safety or security violations received in writing from Contractor employees, federal civilian employees, or military personnel.

3.1.1 Crane Access Safety. The Contractor shall not board a NNSY crane without the expressed permission of the Crane Operator. The Contractor shall notify the Chief Rigger in Charge (CRIC) or the Crane Operator directly prior to boarding any crane to ensure that boarding is performed safely.

3.1.2 Safety Equipment. The Contractor shall provide their employees with all necessary safety equipment during the performance of work on this contract. All Contractor personnel shall have in their possession and shall properly wear OSHA approved protective safety equipment to include hard-hats, steel-toe safety shoes, high visibility vests, safety glasses and hearing protection. The Contractor shall provide all appropriate safety barricades, signs, and signal lights required to properly isolate the area of work.

3.1.3 Fall Protection. The Contractor shall provide and utilize proper guarding around every open-sided platform and work surface edge or shall use other means of fall protection to include a fall protection safety harness and lanyard, fall restraint system, safety nets, or other appropriate protection against fall hazards meeting the requirements of 29 CFR 1910, 29 CFR 1915, and 29 CFR 1926.

3.1.4 Personnel Protective Equipment (PPE). All personnel who cross the red demarcation line at Hitchcock Street on the waterfront, or approach NNSY from the water, while aboard vessels conducting or exposed to industrial operations, or while in a posted industrial area inside or outside the Controlled Industrial Area (CIA), will wear mandatory PPE at all times. Mandatory PPE includes a hard hat that shall be identified with the name of the respective Contractor, safety glasses with side shields, safety-toed shoes, and hearing protection on their person at all times in case they need it. Personal Flotation Devices (PFDs) shall be worn when walking or working near an unguarded edge exposed to water. In addition, all personnel shall wear additional PPE as appropriate to minimize exposure to hazards of the work being performed.

There are some exemptions to this policy but they should be clearly understood before they are applied. When in doubt contact the Contracting Officer and wear PPE until the Contracting Officer provides clarification. The following areas have been identified as being exempted from the use of PPE:

Non-Hazardous Streets and Pedestrian Walkways. Streets and marked pedestrian walkway/aisles within the CIA do not normally require the use of mandatory PPE. Employees using these areas for passage only are encouraged to use PPE as specified in this chapter, but its use is not mandatory. Due to the dynamic nature of industrial operations in the CIA, hazardous operations may occur intermittently in these exempted areas. Personnel present in these areas, whether equipped with PPE or not, should remain alert at all times for operations which might create a hazard which exposure would be reduced by the proper use of PPE. In these cases, personnel should immediately leave the area of the hazard. Where the hazard cannot be avoided due to the nature of the employee's work assignment, the employee should immediately obtain and use the necessary PPE before returning to the area. This exemption does not apply on piers, dry docks, and in areas around or between dry docks.

Non-Hazardous Indoor Areas. Enclosed cabs of vehicles and equipment; toilets; washrooms; enclosed corridors and stairwells; cafeterias; inside snack bars; Temporary Field Offices (TFOs); office spaces; submarine maneuvering spaces; Radiological Control Office (RADCON) Control Points; wardrooms; log rooms; and similar spaces which are separated from industrial operations by fixed walls or bulkheads are exempt from these requirements. In the event that hazardous industrial operations should occur in spaces of this nature, all personnel potentially exposed are required to obtain and utilize appropriate PPE for the duration of the hazardous operations or hazardous environment. Personnel conducting hazardous operations in these spaces are also required to use appropriate PPE for the task being performed. Personnel present in these areas, whether equipped with PPE or not, should remain alert at all times for operations which might create a hazard which exposure would be reduced by the proper use of PPE. In these cases, personnel should immediately leave the area of the hazard. Where the hazard cannot be avoided due to the nature of the employee's work assignment, the employee should immediately obtain and use the necessary PPE before returning to the area.

Shop/Areas Outside The CIA. Contractors shall wear suitable PPE to protect themselves against any hazard they may be exposed to by the nature of the work being performed or environmental conditions within an area. If such an area requires PPE of any kind, it will be posted in the area.

3.1.5 Fire Safety. When starting work in the facility, Contractors shall require their personnel to familiarize themselves with the location of the nearest fire alarm boxes and place in memory the emergency Fire Division 757-396-3333 phone number. The Contractor shall report immediately to the responsible Fire Division any fire, no matter how small.

3.1.6 Emergency Response. The Contractor shall immediately contact the Fire Division/Emergency Medical Services 757-396-3333 upon witnessing flooding, fire, injury to personnel, or any other incident or casualty requiring emergency response and provide the location and other pertinent details.

3.1.7 Spill Contingency And Control. The Contractor shall notify Fire Division 757-396-3333 immediately upon discovery of any spill discharge, regardless if Contractor generated or by another source. Notification shall identify when spills/discharges are Contractor caused. The Contractor shall cleanup all spills and discharges caused by any of its work operations. The Contractor shall maintain cleanup capability commensurate with the spill potential of its work operations.

3.1.8 Hazardous Waste Containers. The Contractor shall properly manage aerosol cans and containers of hazardous materials including coolant, fuel, paints, lubricants, solvents and portable toilet disinfecting chemicals. The containers shall be provided to the Government for disposal.

3.1.9 Control And Reporting Of Hazardous Material Usage. NNSY must report all hazardous material storage and usage on NNSY property. The Contractor shall provide Material Safety Data Sheets (MSDS) for all hazardous materials brought into NNSY. The MSDS shall be delivered to the Government prior to the material entering NNSY. The Contractor shall submit a report to the Government listing of MSDSs grouped by hazard category, with amounts planned for use at NNSY. The Contractor shall ensure that hazardous material containers are labeled and are not removed or defaced. The hazardous material containers shall be labeled, tagged or marked with the information below. These label requirements also apply to any container which the hazardous materials are transferred.

a. Identify the hazardous material

b. Appropriate hazardous warnings

c. The name and address of the chemical manufacturer, importer, or other responsible party.

The Contractor shall safely store all hazardous materials at NNSY meeting the requirements of applicable Federal and State regulations. The Contractor shall remove all hazardous material from NNSY when it is no longer needed to support Contractor operations.

3.1.10 Security Requirements. The Contractor representatives, including sub-contractors and delivery drivers requiring access to Norfolk Naval Shipyard shall be entered into the CNRMA Installation Access Screening Request Form. The Contractor will be provided an electronic copy of the installation access request form. The Contractor shall provide the required information for access to the NNSY sponsor. This information includes the names, social security number, date of birth, place of birth, and citizenship of all Contractor personnel requiring access to NNSY sponsor. Failure to provide the required information will result in denial of access to the site. The failure to provide security clearance information shall not relieve the Contractor of the responsibility for the performance of services specified herein. After award, the Contractor shall obtain and maintain Defense Biometric Identification System (DBIDS) access for NNSY and Naval Station Norfolk. The Contractor shall report to the Pass and ID Office at NNSY as soon as practical after award and enter personnel into the DBIDS system. The Contractor personnel shall maintain DBIDS access throughout the Contract. The Contractor personnel shall be United States of America citizens.

3.1.10.1 Personnel Badging. Commander, Navy Installations Command (CNIC), has established the Defense Biometric Identification System, (DBIDS), a standardized process for granting unescorted access privileges to vendors, Contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Contractors, sub-contractors and delivery drivers are responsible for enrollment in the DBIDS system for Government facility access. The Contractor shall obtain and maintain DBIDS access for NNSY and Naval Station Norfolk for all of its personnel entering these facilities for the duration of this Contract. For the requirements herein, participation in the DBIDS is mandatory. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS. The Contractor and sub-contractors shall obtain and maintain long-term credentials through enrollment, registration, background vetting, screening, issuance of credentials, and electronic validation of credentials. Further information regarding DBIDS can be found at www.cnic.navy.mil/om/dbids.html. The Contractor shall estimate a minimum of 30 days for DBIDS processing.

3.1.10.2 Vehicle Entry Requirements. The Contractor shall supply their own vehicles and equipment to perform the requirements herein. The Contractor’s vehicles, including rentals, required to be used inside the CIA, shall be registered in the Contractor’s company name. No personal vehicles will be allowed inside the CIA. The Contractor’s vehicles shall have company name or logo markings on the sides. Magnetic signs are acceptable. The Contractor shall present proof of current inspection, registration, and insurance.

3.1.11 Camera Cell Phones. Cell phones with a working camera shall not be at any location where NAVSEA Business is conducted. These areas include inside the CIA, Nuclear Work Areas, Secure Rooms, Controlled Nuclear Information Areas, Security Islands, and Vaults. Camera cell phones may be used outside the CIA in parking lots, eating establishments, gymnasiums, barracks, Chapels, and personal vehicles. Cell phones or other handheld electronic devices, used in a vehicle by the driver, shall only be used while the vehicle is stopped in a safe location, not blocking traffic.

3.2 Description of Service.

3.2.1Toilet maintenance service shall consist of emptying waste and effluent, cleaning inside, outside, and immediate surrounding area of toilets, furnishing toilet paper and chemicals and other supplies necessary in the operation of the toilets.
3.2.2The service method shall be to vacuum or pump out the waste using a vacuum pumping system or mechanical transfer pump with transfer container. The vacuum or pump out method shall access the toilet from the top opening. 120VAC, 60Hz, 20A, single phase electrical power is available.
3.2.3The Contractor shall provide his own holding tank for waste and effluent removed from each toilet serviced and shall properly dispose of the contents of the holding tank outside of Norfolk Naval Shipyard. The material transport on and off the cranes will be the sole responsibility of the Contractor.
3.2.4Some toilets may be equipped with a drain valve. If equipped, the contractor shall not use the drain valve.
3.2.5In the event of Contractor spillage of waste/effluent from the toilet or Contractor’s equipment, the Contractor shall be responsible for cleaning and deodorizing the contaminated area.
3.2.6The Contractor shall charge the toilets with the quantity and ratio of deodorizing materials meeting the requirements of the original equipment manufacturer’s specifications and recommendations.
3.2.7The Contractor shall record work performed for each toilet cleaned, using the “Norfolk Naval Shipyard Weekly Crane Toilet Cleaning Record” sheet (hereafter denoted as the Record sheet). A Government representative and the Contractor shall record, sign and date the cleaning on the Record sheet, and record any problems encountered as applicable. The Government representative may be a crane operator, an assigned Code 740 escort, or a Code 740 manager.
3.2.8The Government POC will email the Record sheet to the contractor weekly, normally by close of business on Tuesdays. The Record sheet will include a listing of the cranes to be serviced that week. The crane toilet cleaning schedule is listed in Section 5.0.

3.2.9 The Contractor may use more than one copy of the week’s Record sheet. The invoice and all Record sheet(s) shall be clearly marked with the week’s period of performance. All invoices and Record sheets not clearly marked with the week’s period of performance will not be paid. The Contractor will be notified of his non-conformance as specified in the Contract.

3.2.10 If an assigned crane is unavailable for any reason, then the Government representative and the Contractor shall record the event with all relevant details on the Record sheet. At the end of the service week or within the next business week, the Contractor shall submit the annotated Record sheet to the Contracting Officer’s Representative (COR). An email with attached, scanned Record sheet is the preferred method; although, hard copy delivery to the COR is acceptable. Invoices cannot be certified without these documents. The Contractor will not be paid without providing the relevant annotated Crane Toilet Cleaning Record to the COR. The Contractor shall also email the scanned Record sheet to the NNSY Code 742 Crane Access and Quality Assurance Point of Contact.

3.3 Damages.

3.3.1 The Contractor shall be responsible for any damages incurred by their personnel during the performance period, and shall furnish material and labor to restore damaged equipment or structure to original condition. Contractor shall contact the Government authorized representative and report any damage.

3.3.2 The Contractor shall notify by telephone the Government’s authorized representative if a toilet is found defective. The Contractor shall note the toilet out-of-normal condition on the weekly Record sheet. Within the next business week, the Government will assess the Contractor reported toilet condition. The Government will notify the Contractor to clean and remove the un-serviceable toilet. The Contractor shall clean and remove the designated defective toilets within the next scheduled service day. The Contractor shall coordinate with the Government representative so that the Government will replace the unit. The Government will replace toilets and notify the Contractor of the replacement. The Contractor shall load the new toilet with chemicals, toilet paper, and other supplies within the next scheduled service day.

3.4 Location.

Toilets are stationed on the following land-based and floating cranes at the Norfolk Naval Shipyard with associated elevations:

Dock Cranes (70’-85’): 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, and 43.

Dock Cranes (85’): 44, and 45.

Floating Cranes (25’): YD-255, and YD-257.

Building 261 Bridge Cranes (85’): BC-117315 and BC-160618

3.5 Post-Award Meeting.

The Contractor shall attend a post-award meeting at NNSY to discuss safety, performance requirements, roles and responsibilities, and administrative requirements.

4.0 QUALITY ASSURANCE.

The Government will verify the quality and schedule performance of the Contractor services rendered.

4.1 Performance Standards.

4.1.1 Schedule. The contractor will be evaluated as to performance to item 5.0 Schedule, in its entirety. Assessment will be made as to the number of toilet units serviced in accordance to schedule days, to meet the need of the customer for cleaned toilets with due consideration made for availability of cranes on the schedule cleaning days.

4.1.2 Deliverable. The deliverable is defined in the item 3.2 Description of Service, in its entirety. Toilet cleanliness, preparation for usage (i.e., emptied, cleaned, refilled with proper chemical mix, deodorized, toilet paper installed), meeting the requirements of the original equipment manufacturers’ recommendations will be assessed. Satisfactory performance by the contractor is considered as 100% compliance to the Deliverable. The Contractor shall return or provide hard copy of or scanned copy sent via E-Mail, properly annotated and signed weekly Crane Toilet Cleaning Record sheet to the Government as record of work performed.

4.1.3 Surveillance. Methods and Frequency. Monitoring of performance of this contract will include, but not be limited to, random or planned sampling, periodic inspection, and validated customer complaints. The Government representative(s) will inspect no less than 75% of the crane services.

4.2 Incentives/Disincentives.

The COR will make an annual report on Contractor Performance (CPARS or other annual report). The contractor’s failure to achieve satisfactory performance under the contract/task order, reflected in the COR’s annual report, may result in termination of the contract/task order and may also result in the loss of future Government contracts/task orders. If the Government assesses an inability of Contractor to meet the performance standards, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.

5.0 SCHEDULE.

5.1 The Government will e-mail the weekly crane toilet cleaning record sheet. Service for all crane toilets may begin after receipt of cleaning record sheet. All toilets noted shall be cleaned that week. All toilets noted for heavy use shall be cleaned twice a week at least two days after the first cleaning. Other service days may be negotiated.

Weekly Service: Between the hours of 0720 and 1550. Not more than twenty (20) units will be serviced weekly. Not more than five (5) units will be serviced twice weekly.

5.2 The Government will notify the Contractor of the Government placing a replacement toilet. The Contractor shall load the new toilet with chemicals, toilet paper, and other supplies within the next scheduled service day.

5.3 The maximum number of toilets to be serviced weekly is 25.

5.4 The floating cranes may occasionally be located at Naval Station Norfolk (NOB), Norfolk, VA. The Contractor shall service the floating cranes weekly while at NOB Norfolk, VA. The Contractor shall coordinate with the floating crane Government point of contact listed on the crane cleaning record sheet or the Crane Access and Quality Assurance Point of Contact.

6.0 NOTES.

6.1 Contractor shall bill on a per unit basis.

6.2 For bidding purposes, assume quantity one (1) defective crane toilet will require removal. Any additional defective toilet removals required shall be billed at the same rate.

6.3 The Contractor will not be paid for work unless the annotated Crane Toilet Cleaning Record sheet is submitted with all verification blocks signed and dated by the Contractor and the Government representative(s).

6.4 If at any time Contractor personnel are unsure of requirements, or have a question, they are to stop, and notify the NNSY point-of-contacts (POCs) stated on the Crane Toilet Cleaning Record spread sheet for assistance.

6.5 NNSY CODE 713 Contractor Pass and Identification Point of Contact: TBA

6.6 Contracting Officer’s Representative, Government Subject Matter Expert, and Invoice Certifier: TBA

6.7 Alternate Contracting Officer’s Representative, Government Subject Matter Expert, and Invoice Certifier: TBA

6.8 NNSY CODE 742 Crane Access and Quality Assurance Point of Contact : TBA

5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Crane Janitorial Service via a secure data collection site. The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

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

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

Service Requirement

"Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements and Norfolk Naval Shipyard OSHE Program Manual, NAVSHIPYDNORINST P5090.2 requirements or safety requirements for site specific location of the contract.

Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

Contractors and NNGA’s may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site: http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

Names and contact information for NNSY LOTCs and/or the Facility Custodian will be provided by NNSY TPOC and/or CORs set forth elsewhere in this award document

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

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

APPLICABILITY

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

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

ACCESS TO FEDERAL FACILITIES

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

ACCESS TO DOD IT SYSTEMS

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

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

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

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

INTERIM ACCESS

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

DENIAL OR TERMINATION OF ACCESS

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

CONTRACTOR’S SECURITY REPRESENTATIVE

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

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

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

Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) Original Signed Release Statements

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

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

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

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

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

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

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

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

SF-85 Questionnaire for Non-Sensitive Positions
Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)
Original Signed Release Statements

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

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

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

NAVAL SEA SYSTEMS COMMAND - NORFOLK NAVAL SHIPYARD

SERVICE CONTRACTS DIVISION

No instructions, either verbal or written, deviating from the terms and conditions of this order are effective or binding upon the Government unless authorized and formalized by contractual documents issued by the Contracting Officer. On any problems concerning the order, please contact CONTRACT SPECIALIST, Anjuné Ennis, CODE 412.2A, NAVSEA, NORFOLK NAVAL SHIPYARD, INSTALLATION SERVICES BRANCH, BLDG. 1500, 2ND FLOOR, PORTSMOUTH, VA 23709-5000, TELEPHONE: (757) 396-8364.

HAZARDOUS CHEMICAL EXPOSURE

Contractors are informed that their employees present on property under Norfolk Naval Shipyard cognizance may be exposed to hazardous chemicals as a result of shipyard operations. Information on the materials may be obtained from the Shipyard Safety and Health Office, Code 106.1, phone number (757) 396-3702 or 396-7912.

Ref. NAVSHIPYDNORINST PS100.56 VOL VI CHAPTER II PARA. 7-J(3)

REQUIREMENTS FOR ACCESS TO NOB AND NNSY

Commander, Navy Installations Command (CNIC), has established the Navy Commercial Access Control System (NCACS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Visiting vendors may obtain daily passes directly from the individual Navy Installations by submitting identification credentials for verification and undergoing a criminal screening/ background check. Alternatively, if the vendor so chooses, it may voluntarily elect to obtain long-term credentials through enrollment, registration, background vetting, screening, issuance of credentials, and electronic validation of credentials at its own cost through a designated independent contractor NCACS service provider. Credentials will be issued every five years and access privileges will be reviewed/renewed on an annual basis. The costs incurred to obtain Navy Installation access of any kind are not reimbursable, and the price(s) paid for obtaining long-term NCACS credentials will not be approved as a direct cost of this contract. Further information regarding NCACS can be found at http://cnic.navy.mil/CNIC_HQ_Site/index.htm (under "Popular Links").

ACCESS TO NNSY BY DELIVERY PERSONNEL

Delivery personnel requesting access to NNSY must adhere to the requirements set forth in the Clause entitled “REQUIREMENTS FOR ACCESS TO NNSY” herein.

INSPECTION AND ACCEPTANCE

Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and acceptance, and after rejections, risk of loss will be on the Contractor unless loss results from negligence of the United States Government. Notwithstanding the requirements for any Government inspection and test contained in specifications applicable to this contract, except where specialized inspections or tests are specified for performance solely by the Government, the Contractor shall perform or have performed, the inspections and tests required to substantiate that the supplies and services provided under the contract conform to the drawings, specifications and contract requirements listed herein, including, if applicable, the technical requirements for the manufacturer's part numbers specified herein.

CONTRACTOR'S VEHICLE REQUIREMENTS

Controlled Industrial Area (CIA) access of contractor vehicles requires that the company name be displayed on both sides of all company vehicles including privately owned vehicles being utilized in performance of a contract or purchase order. Cardboard or paper signs taped to a vehicle or placed in the window will not be acceptable to meet this requirement. Temporary vehicle passes (TVP) will be issued and must be displayed on the left front dash at all times. Failure to comply will result in the contractor being denied access to Norfolk Naval Shipyard CIA.

The contractor's failure to comply with this requirement relieves the Norfolk Naval Shipyard of any liability regarding demurrage and/or detention costs associated with delays to gain access.

PERSONAL PROTECTIVE EQUIPMENT

Contractors are responsible for all personal protective equipment required by their employees in the performance of this requirement.

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

THE COR FOR THIS CONTRACT IS:

Name: TBA Mailing Address:

Code:

Telephone No:

Email:

THE ALTERNATE COR FOR THIS CONTRACT IS

Name: N/A Mailing Address:

Code:

Telephone No:

The COR will act as the Contracting Officer’s representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or statement of work, and monitoring the progress and quality of Contractor performance. The COR is not an Administrative Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract (or delivery order), or to direct the accomplishment of effort which goes beyond the scope of the statement of work in the contract (or delivery order).

When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract (or delivery order), the Contractor shall promptly notify the Contracting Officer (Ordering Officer) in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer (or Ordering Officer) has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.

In the absence of the COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the COR.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities

APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation

JAN 2017

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

52.204-18 Commercial and Government Entity Code Maintenance

JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-22 Alternative Line Item Proposal

JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.212-1 Instructions to Offerors--Commercial Items

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items

OCT 2018

52.217-5 Evaluation Of Options

JUL 1990

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

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

252.201-7000 Contracting Officer's Representative

DEC 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

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium

JUN 2013

252.225-7048 Export-Controlled Items

JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments

DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment

DEC 2012

252.244-7000 Subcontracts for Commercial Items

JUN 2013

252.246-7004 Safety of Facilities, Infrastructure, and…

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