N62645-18-R-0076.docx

N6264518R0076

COMBINED SYNOPSIS SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Evaluation and Solicitation of Commercial Items and FAR 16.504 Indefinite-Quantity Contracts, as supplemented with additional information included in this notice, and FAR 15, Contracting by Negotiation. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. It is the contractor’s responsibility to be familiar with the applicable FAR and DFARS clauses and provisions. The FAR and DFARS clauses may be accessed in full text at http://farsite.hill.af.mil/

The NAICS code being used for this solicitation is 493110 with a business size standard of $27.5 million.

This Request for Proposal (RFP) is on behalf of the Naval Medical Logistics Command (NMLC). This requirement is for general warehousing services; maintaining and repairing/overhauling containers, outfitted shelters, biomedical, and Civil Engineering Equipment (CEE); and producing Deployable Medical Systems (DEPMEDS) in support of the Navy Expeditionary Medical Support Command (NEMSCOM), Cheatham Annex (CAX), Williamsburg, Virginia.

The solicitation number is N62645-18-R-0076.

The solicitation will result in one firm fixed priced, indefinite delivery/indefinite quantity (IDIQ) contract with a five year ordering period from 01 October 2019 – 30 September 2024. This requirement will be solicited under full and open competition.

The scope of the requirement is listed in the Performance Work Statement (Attachment 1).

The closing date of the solicitation can be found in ADDENDUM TO 52.212-1-- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS.

Tasks I and II

FFP

NEMSCOM General Warehousing Services: Task I - Warehouse Management Services and Task II - Maintenance Services FOB: Destination

PSC CD: M1GZ

MAX

NET AMT

Task III

NEMSCOM General Warehousing Services: Task III - Download of DEPMEDS

MAX

Task IV

NEMSCOM General Warehousing Services: Task IV - DEPMEDS Build

MAX

Task V

NEMSCOM General Warehousing Services: Task V - Painting and Preservation of Containers and Shelters

MAX

NTE

Contractor Furnished Property

The Contractor shall procure required repair parts and missing components in accordance with section 12.6 and 12.6.1 of the Performance Work Statement.

MAX

Lot

Overtime

Overtime incurred under NEMSCOM General Warehousing Services: Task I - Warehouse Management Services and Task II - Maintenance Services

NET AMT

BASE AND OPTION YEAR PRICING

The Pricing Workbook for Solicitation N6264518R0076 (Attachment 3) provides pricing sheets for all tasks under this IDIQ. The pricing sheets of the successful offeror will be incorporated into the base contract award and shall be used for pricing firm fixed price task orders issued under the contract. These prices shall serve as the maximum prices that the Government will pay for the services provided under the contract. All prices are subject to adjustment as required by the Service Contract Act. Any required Service Contract Act rate adjustments will be made annually to the contract and any applicable task orders prior to the exercising of the option period.

PERFORMANCE WORK STATEMENT

Please see Attachment 1 – PWS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

COR

CONTRACTING OFFICER’S REPRESENTATIVE

(a) For the purpose of this clause, the Contracting Officer’s Representative (COR) is the duly authorized representative of the Contracting Officer.

(b) The COR for this contract will be appointed at time of award. The specific COR(s) for each task order written under the contract will be named within the task order.

(c) The COR will perform inspection and acceptance of services to be provided. Inspection and acceptance will be performed at the locations listed in individual task orders issued under the contract.

PERFORMANCE

1. PERIOD OF PERFORMANCE

Periods of Performance shall be detailed in individual Task Orders written under the contract awarded as a result of this solicitation.

The contracts awarded as a result of this solicitation will have an ordering period starting 01 October 2019. The Contracting Officer reserves the right to adjust the start date of service based on the actual award date. No single Task Order shall exceed 12 months in duration, unless options are exercised. The contract ordering period shall not exceed 60 months.

2. PLACE OF PERFORMANCE

The contractor shall provide services at the Navy Expeditionary Medical Support Command (NEMSCOM), Cheatham Annex (CAX), Williamsburg, Virginia.

SPECIAL CONTRACT REQUIREMENTS

NOTE 1: Before submitting a proposal in response to the solicitation, prospective offerors are encouraged to investigate the potential tax consequences should they elect to perform on the resulting contract by using individuals who are not carried on their payrolls as employees. Under this RFP, resulting contracts or its task orders, the Navy does not dictate whether the individual contract workers be classified by the successful offeror as an "independent contractor" or an "employee” for federal tax purposes. This determination shall be made solely by the offeror. If subsequent to award the successful offeror's determination is challenged, this shall be a matter to be resolved between the offeror and the Internal Revenue Service. The Navy will not consider favorably any request for the equitable adjustment to the contract upon the successful offeror's receipt of an adverse action by the IRS.

NOTE 2: For those offerors planning to engage in a teaming arrangement or to use subcontractors, a conflict of interest may be created if a company is identified as a prime contractor, teaming partner/subcontractor, or as a member of a Joint Venture on more than one proposal. A conflict of interest may also be created if key personnel from a prime contractor, teaming partner/subcontractor, or a Joint Venture are identified on more than one proposal. The Government's strong preference is that each company and its key personnel participate in only one proposal. If the Contracting Officer concludes during proposal evaluation that a potential conflict of interest exists the contracting officer reserves the right to require a conflict of interest mitigation plan from the prime contractors (offerors) of those proposals. If an offeror fails to submit a plan, or submits an inadequate plan, the offer may not be considered.

NOTE 3: It is the contractor’s responsibility to be aware of applicable federal, state and local laws and regulations concerning wage compensation (e.g. overtime) to contract workers. The Navy will not consider favorably any request for an equitable adjustment to the contract upon the contractor’s receipt of adverse action by a federal, state or local agency.

1. TASK ORDER CONTRACT

1.1. The Government intends this solicitation to result in award of single award task order (SATO), indefinite delivery indefinite quantity (ID/IQ), contract. Services will be procured via the award of Task Orders issued against the basic contract. Task Orders will be awarded on a firm fixed price basis. Task Orders will be issued via a SF Form 1449 signed by the Contracting Officer and will be transmitted electronically via e-mail.

1.2. The resultant contract shall be performed in accordance with detailed obligations to which the contractor committed itself to in its proposal dated (To be filled in at contract award) in response to NMLC Combined Synopsis/Solicitation N62645-18-R-0076.

1.3. The contractor shall not engage a teaming partner (subcontractor, partner, mentor, protégé, parent company, sister company, etc.) that is not mentioned in their Business proposal to procure services under the resultant contract without prior written approval of the Contracting Officer. Changes regarding teaming partners or duties and roles of the teaming partners as described in the Business and Technical proposals shall not be made under the resultant contract without prior written consent of the Contracting Officer.

1.4. The Contractor shall furnish qualified workers in accordance with the Performance Work Statement, individual Task Orders for these services, and all other terms and conditions set forth herein. Government requirements for contracted workers shall be filled in response to Task Orders issued by the Government against the contract.

1.5. The following activity is the sole authority to issue Task Orders:

Naval Medical Logistics Command Acquisition Management and Analytics Directorate, Code 05 693 Neiman Street Fort Detrick, MD 21702

1.6. Each Task Order will contain at a minimum the following information:

1.7. Location of services.

The work shall be performed at the NEMSCOM, CAX in Williamsburg, Virginia.

1.8. The estimated ordering period is for 60 months, beginning at the start of contract services, or until the time the Government has issued Task Orders totaling the sum of the maximum quantities in the resultant contract. The period of performance for the base period or any option periods of a Task Order shall be of one year or less in duration.

2. AWARD OF INITIAL REQUIREMENTS / MINIMUM GUARANTEE

2.1. Initial requirements will be awarded under task orders after the basic contract has been awarded. Only the offeror that is selected for a SATO IDIQ contract award will be awarded a minimum guarantee in at least the amount of $5,000.00.

2.3. The Pricing volume submitted in response to solicitation N62645-18-R-0076 will be evaluated with consideration to Reasonableness. The offeror’s proposed prices for initial requirements will be examined to determine the degree to which the proposed prices compare to the prices a reasonable prudent person would expect to incur for the same or similar services. An offeror shall not receive award of the SATO contract if all prices for initial requirements are not determined to be fair and reasonable.

3. OPTION PERIODS UNDER TASK ORDERS

3.1. The Government at its sole discretion may issue Task Orders with a base period of performance as well as option periods that provide for continued performance of the Task Order. Task Orders issued with option periods will include FAR clause 52.217-9 “Option to Extend the Term of the Contract.” Task Orders issued with option periods may also include FAR clause 52.217-8 “Option to Extend Services.”

3.2. Option periods will be exercised in writing by the issuance of Task Order modifications.

3.2.1. Task order modifications will be issued unilaterally by the Contracting Officer when the written notices required by FAR 52.217-9 and/or 52.217-8, if included, have been provided within the timeframes listed therein.

3.2.2. Task order modifications may be issued bilaterally as agreed upon by the Contracting Officer and the contractor in cases where the written notices or timeframes required by FAR 52.217-9 and/or 52.217-8, if included, have not been met.

3.2.3. Provision 52.217-5 and clauses 52.217-9 and 52.217-8 are listed below for the purposes of inclusion on the Task Order if the Contracting Officer determines options are applicable.

5. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

5.1. None of the services required by this contract shall be subcontracted to or performed by persons other than the contractor or the contractor's employees without the prior written consent of the Contracting Officer.

6. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL

6.1. Except in very limited cases, the federal criminal statutes at 18 USC 203 and 18 USC 205 bar Government personnel, both active duty and civil service, from working as a contractor employee in a Government workplace, including a medical treatment facility, either as a second job ("moonlighting") or while on terminal leave. The contractor agrees that, before making an employment offer to an active duty member or a civil servant, it shall inform the individual of the potential applicability of these statutes and further agrees to encourage that individual to seek an advisory opinion from his/her local ethics counsel before accepting an employment offer. In addition, without the prior written approval of the contracting officer, the contractor shall not use in the performance of this contract any persons currently performing medical or dental services under other Navy contracts.

7. NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA

(a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

(b) For violation of export laws, the contractor, its employees, officials or agents are subject to:

(c) The Government will not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract.

(d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.

8. PERFORMANCE BY FOREIGN NATIONALS OR FOREIGN OWNERSHIP, CONTROL OR INFLUENCE (FOCI) ORGANIZATIONS

8.1. In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the Contracting Officer the name of the foreign national and identify the type of form(s) produced for verification of employment status.

Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with the sponsor providing access, in order to submit the following:

This information shall be forwarded to the Contracting Officer at least thirty days prior to the visit taking place. Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD facilities.

The offeror shall disclose if the company (or individual) is a FOCI. A FOCI organization includes sole proprietorships, partnerships, and corporations, and the divisions and subsidiaries of the corporation where: (a) 51% or more of the controlling (voting) stock is foreign-owned; or (b) parent organization is incorporated or otherwise charted in a country foreign to the U.S.; and (c) the organization is not performing a state function (any organization performing a state function falls under IPO authority). A division or subsidiary of an organization having a location in the U.S. is still considered FOCI if the parent corporation is a FOCI. A university, college, or not-for-profit organization that is chartered, incorporated, or otherwise called into being in a country foreign to the U.S. and not performing a state function is FOCI. A FOCI person is a non-U.S. citizen. Resident aliens are considered FOCI for licensing and technology transfer purposes. Approval by the U.S. Trade Representative may be required prior to executing a contract with a FOCI.

4. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.

4. REVIEW OF PRESS RELEASES

The contractor agrees to accurately and factually represent the work conducted under the contract in all press releases. Misrepresenting contract results or releasing information that is injurious to the integrity of the Government may be construed as improper conduct. Press releases shall be considered to include the public release of information to any medium, excluding peer-reviewed scientific publications. The contractor shall ensure that the Contracting Officer has received an advance copy of any press release related to the contract for review and comments at least five (5) working days prior to proposed issuance. After receipt of the Government’s comments, the contractor shall provide a copy to the Contracting Officer prior to issuance of the press release.

5. ENVIRONMENTAL AND ENERGY CONSERVATION OBJECTIVES

If performance of any work under this contract is required at a Government facility, the Contractor shall contact the appropriate office and code with cognizance over safety and environmental requirement prior to performance of ANY work under this contract. The office having overall governance concerning safety is as follows:

NEMSCOM OSH/Environmental Program Manager Code 03D 108 Sanda Ave Bldg 564 Williamsburg, VA 23185-5830

Contractors are responsible for following all safety and health related State and Federal statutes and corresponding State, Federal and/or Department of Defense regulations protecting the environment, contractor employees, and persons who live and work in and around contractor and/or federal facilities.

6. STANDARD LIABILITY INSURANCE

The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, Insurance--Work on a Government Installation and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $500,000 per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage.

(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.

(d) Aircraft public and passenger liability: N/A

6.1.1. INDEMNIFICATION

6.1.1. The awardee agrees to indemnify and hold the Government harmless from any liability, loss or damage the Government may suffer as a result of claims, demands, costs or judgments against the awardee and/or the Government arising out of the activities to be carried out by the awardee pursuant to the obligations of this Contract.

6.1.2. The awardee certifies that it acquired and maintained insurance to comply with section 6. herein. The awardee has and will maintain in force during the term of this Contract adequate insurance to cover its obligations under section 6 herein and its indemnification obligations hereunder, to include workers’ compensation insurance.

6.1.3. The awardee shall promptly notify the Contracting Officer of any occurrence, action, or claim that might trigger a claim against the Government pursuant to the Contractor’s performance under this Contract; furnish the proof or evidence of any claim, loss, or damage in the form and manner that the Government requires; and, immediately provide copies of all pertinent documents that the awardee receives or has received.

6.1.4. The Government may, participate in the settlement or defense of the claim or action that triggers liability for the Government pursuant to the Contractor’s performance under this Contract.

6.1.5. If the awardee has an obligation to indemnify a subcontractor under any subcontract at any tier under this Contract, and the subcontractor has an obligation to indemnify the Government for the same matter, the awardee shall indemnify the Government to the same extent that obligation shall extend to the Government if a party to the claim or action.

6.1.6. The rights and obligations of the parties under this clause shall survive the termination, expiration, or completion of this Contract.

7. ORGANIZATIONAL CONFLICT OF INTEREST (JAN 1992) (NAVSUP)

7.1. This clause provides examples of certain organizational conflicts of interest which are prescribed by Federal Acquisition Regulation Subpart 9.5. The two (2) underlying principles which this clause seeks to avoid are preventing the existence of conflicting roles that might bias a contractor's judgment and preventing unfair competitive advantage. The following subsections prescribe certain limitations on contracting as the means of avoiding, neutralizing or mitigating organizational conflicts of interest.

7.2. If, under this contract, the contractor will provide systems engineering and technical direction for a system, but does not have overall contractual responsibility for its development, integration, assembly, checkout or production, the contractor shall not be awarded a subsequent contract to supply the system or any of its major components, or to act as consultant to a supplier of any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and technical direction. The term of this prohibition shall endure for the entire period of this contract and for two (2) years thereafter.

7.3. If, under this contract, the contractor will prepare and furnish complete specifications covering nondevelopmental items, to be used in a competitive acquisition, the contractor shall not be permitted to furnish these items, either as a prime or subcontractor. The term of this prohibition shall endure for the entire period of this contract performance and for either two (2) years thereafter or the duration of the initial production contract whichever is longer. This rule shall not apply to contractors who furnish specifications or data at Government request or to situations in which contractors act as Government representatives to help Government agencies prepare, refine or coordinate specifications, provided this assistance is supervised and controlled by Government representatives.

7.4. If, under this contract, the contractor will prepare or assist in preparing a work statement to be used in competitively acquiring a system or services, the contractor shall not supply the system, its major components, or the service unless the contractor is the sole source, the contractor has participated in the development and design work, or more than one contractor has been involved in preparing the work statement.

7.5. If, under this contract, the contractor will provide technical evaluation of products or advisory and assistance services, the contractor shall not provide such services if the services relate to the contractor's own or a competitor's products or services unless proper safeguards are established to ensure objectivity.

7.6. If, under this contract, the contractor gains access to proprietary or source selection information of other companies in performing advisory assistance services for the Government, the contractor agrees to protect this information from unauthorized use or disclosure and to refrain from using the information for any purpose other than that for which it was furnished. A separate agreement shall be entered into between the contractor and the company whose proprietary information is the subject of this restriction. A copy of this agreement shall be provided to the Contracting Officer.

8. STATION / BASE REGULATIONS

8.1. The Contractor and its employees and subcontractors shall become familiar with and obey station/base regulations, including fire, traffic, and security regulations. Personnel employed on the station/base shall keep within the limits of the work (and avenues of ingress and egress), and shall not enter restricted areas unless required to do so and are cleared for such entry. Any Contractor’s equipment shall be marked for identification.

9. PRIVATELY-OWNED VEHICLE OPERATION

9.1. Privately-Owned Vehicle (POV) Permits: Contractor personnel using POVs on DoD installations shall have proper operating licenses and permits for entry onto the installations. All vehicles, private or contractor-owned, shall comply with the vehicle operation regulations that govern installations. All vehicles are subject to search while on DoD installations. Only licensed contractor personnel shall operate vehicles on DoD installations. Vehicles shall be operated in accordance with local and state laws as well as installation specific traffic regulations.

9.2. Privately-Owned Vehicle (POV) Parking: The contractor shall utilize on-station POV parking in authorized areas. The Government reserves the right to change parking arrangements at any time.

9.3. Traffic Accident Report Requirements: The contractor shall report to the Installation Command Security, within one hour, any traffic accident involving contractor personnel that occurs on base, whether in the performance of this PWS or commuting in their POVs, IAW applicable local instructions. The contractor shall supply a copy of any on-installation traffic accident report to the COR within five workdays after occurrence. The contractor shall also provide the COR a copy of any report of an off-installation traffic accident that involves contractor personnel in the performance of this PWS within five workdays after occurrence.

9.4. Fines, Fees, Point Assessment and Other Costs: The contractor shall pay all fines, fees, point assessment, and other costs associated with traffic violations, parking violations, or accidents that occur in the performance of work under this contract.

10. NOTICE TO CONTRACTOR OF CERTAIN DRUG DETECTION PROCEDURES

10.1. Pursuant to Department of Defense and Military Service policy applicable to both Government and contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government Work areas.

10.2. In furtherance of these drug control policies, unannounced periodic inspections of the following nature may be conducted by installation security authorities:

(a) Routine inspections of contractor occupied work spaces.

(b) Random inspections of vehicles on entry or exit from the installation, with drug detection dog teams as available, to eliminate them as a safe haven for storage of or trafficking in illegal drugs.

(c) Random inspections of personal possessions on entry or exit from the installation.

10.3. When there is a probable cause to believe that a contractor employee working at a Government installation has been engaged in use, possession or trafficking of drugs, the installation authorities may detain the employee until the employee can be removed from the installation, or can be released to the local authorities having jurisdiction. When the Government discovers illegal drugs and related paraphernalia in the course of an inspection of a vehicle operated by a contractor employee, the vehicle may be detained until it can be turned over to local authorities having jurisdiction and the employee’s installation driving privileges may be suspended, revoked, or denied.

10.4. Trafficking in illegal drug and related paraphernalia by a contractor employee while on a Government vessel or installation may lead to possible withdrawal or downgrading of security clearance, suspension or revocation of clinical privileges for employees working at an MTF, and/or referral for prosecution by appropriate law enforcement authorities.

10.5. The contractor is responsible for the conduct of employees performing work under this contract and is, therefore, responsible to assure that employees are notified of these provisions prior to assignment.

10.6. The removal of contractor personnel from a Government vessel or installation as a result of drug offenses shall not be a cause for excusable delay, nor shall such action be deemed a basis for an equitable adjustment to price, delivery or other provisions of this contract.

11. OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS

11.1. If performance of any work under this contract is required at a Government facility, the Contractor shall contact the appropriate office and code with cognizance over safety and environmental requirement prior to performance of any work under this contract.

11.2. Contractors are responsible for following all safety and health related State and Federal statutes and corresponding State, Federal and/or Navy regulations (i.e. NOSCINST 5100.5C, Occupational Safety and Health Manual) protecting the environment, contractor employees, and persons who live and work in and around contractor and/or federal facilities.

11.3. Contractors shall monitor its employees and ensure that they are following safety regulations particular to the work areas. Contractors shall ensure that its employees:

(a) Wear appropriate safety equipment and clothing

(b) Are familiar with all relevant emergency procedures should an accident occur, and

(c) Have access to a telephone and telephone numbers for the Government facility where the work is performed.

11.4. This contract may require the contractor to handle hazardous materials, which material safety data sheets will be provided.

11.5. Accidents: The contractor is solely responsible for compliance of all safety regulations of employees while working on Government facilities. All accidents which may arise out of, or in connection with, performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and COR within twenty-four hours of such occurrence. Reports shall provide full details of the accident, including statements from witnesses. The fore-going procedures shall also apply to any claim made by a third party against the contractor as a result of any accident that occurs in connection with performance under this contract.

12. GOVERNMENT INSTALLATION WORK SCHEDULE

12.1. The Federal Holidays applicable to this contract are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

12.2. In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination that applies to the using activity, such time may be charged to the contract as a direct cost provided such charges are consistent with the contractor’s accounting practices. In the event that any of the above holidays occur on a Saturday or Sunday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.

12.3. If the Government facility allows a flexible workweek for its Government employees, applicable on-site contractor personnel shall perform in consonance with those flexible workweek arrangements.

12.4. This schedule is a general guide and can be tailored on the task order level.

13. ELECTRONIC TRANSMISSION OF PROPRIETARY DATA

13.1. The contractor shall be fully capable and willing to electronically transmit proprietary data to the Government. This data may consist of contract deliverables or pricing data required for proposal evaluation. Any software required by the Government to receive the contractor-transmitted proprietary data that the Government does not already possess shall be provided by the contractor at no cost to the Government. Instructions regarding the handling of classified information will be defined at the task order level if a clearance is required.

14. NONDISPLACEMENT OF QUALIFIED WORKERS

14.1. The requirements of FAR clause 52.222-17 (Nondisplacement of Qualified Workers) shall be applied at the task order level. When applicable, FAR clause 52.222-17 will be included in task orders issued under the contract.

15. SUBSTITUTION OF KEY PERSONNEL

15.1. The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer in accordance with this requirement.

15.2. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty five (45) days, in advance of the proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the Contracting Officer to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

16. CONTRACTOR PERSONNEL IDENTIFICATION

16.1. Contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. Contractor personnel shall also appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence. When working at Government facilities, distinguishing badges or other visible identification shall be displayed by contractor personnel.

16.2. Contractor personnel, while performing in a Contractor capacity, are prohibited from using their retired or reserve component military rank or title in written or verbal communications associated with the contract under which they provide services.

17. PERSONNEL REMOVAL

17.1. Government rules, regulations, laws, directives, and requirements that are issued during the term of the performance period relating to law and order, installation administration, and security shall be applicable to all contractor workers and representatives who enter the installation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site or installation. Removal of contractor workers does not relieve the contractor from the responsibility for the work defined in this contract.

18. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) (OCT 2012)

18.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for NEMSCOM via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil .

18.2. 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.

19. CONTRACTOR SUPPORT NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

19.1. Naval Medical Logistics Command uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group, Inc. from Baltimore, MD, doing business under the authority of the Small Business Administration’s 8(a) program, and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

19.2. The contract closeout process includes activities such as processing de-obligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions requires the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.

19.3. Naval Medical Logistics Command has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of Interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

19.4. By submission of its proposal that was accepted by the Government, the contractor and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government’s support

20. Performance of this contract by the contractor shall be conducted and performed in accordance with detailed obligations to which the contractor committed itself in Proposal dated (To be filled in at contract award) in response to NMLC Solicitation No. N62645-18-R-0076.

21. SUPTXT 204-9400(1-17) Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information

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 text 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 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 Command’s Security Manager upon arrival to the Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

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) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the Navy Command’s 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 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 Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

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

CONTRACTOR’S SECURITY REPRESENTATIVE

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

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES

Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

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

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

· Original Signed Release Statements

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

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Command’s Security Manager upon arrival to the command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. 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 Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM); Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Command’s Security Manager will forward the required forms to OPM for processing.