N6264520RAB01.docx

N6264520RAB01

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 8.405-6(a)(1)(B) and FAR 13.501(a). This announcement constitutes the only solicitation; a quote is 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 and provisions may be accessed in full text at www.acquisition.gov.

This document is linked to Notice of Intent Posting N6264520RAB01. The contractor shall submit a quote in response to the Naval Medical Logistics Command (NMLC). In accordance with FAR 13.106(b)(1) procedures, NMLC intends to award a Firm Fixed Price (FFP) contract to Strategic Operations, Inc.

The NAICS code is 621399 with a small business size standard of $8M.

The scope of the requirement is listed in the Performance Work Statement.

The closing date of the solicitation can be found within the Instructions to Quoters.

$0.00

EMF Training FY21

FFP

The contractor shall provide Expeditionary Medical Facility (EMF) training on behalf of the Government in accordance with the PWS.

0001AA

$0.00

Cut Suit Actors and SMEs - FSS

FSS

The contractor shall provide cut suit actors and subject matter experts for EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

FOB: Destination

PSC CD: U003

0001AB

$0.00

Equipment and Consumables - OPEN MARKET

OPEN MARKET

The contractor shall provide equipment and consumables in support of EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

$0.00

The contractor shall provide Expeditionary Medical Facility (EMF) training on behalf of the Government in accordance with the PWS.

1001AA

$0.00

FFP

FSS

The contractor shall provide cut suit actors and subject matter experts for EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

1001AB

$0.00

FFP

OPEN MARKET

The contractor shall provide equipment and consumables in support of EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

$0.00

The contractor shall provide Expeditionary Medical Facility (EMF) training on behalf of the Government in accordance with the PWS.

2001AA

$0.00

FFP

FSS

The contractor shall provide cut suit actors and subject matter experts for EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

2001AB

$0.00

FFP

OPEN MARKET

The contractor shall provide equipment and consumables in support of EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

$0.00

The contractor shall provide Expeditionary Medical Facility (EMF) training on behalf of the Government in accordance with the PWS.

3001AA

$0.00

FFP

FSS

The contractor shall provide cut suit actors and subject matter experts for EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

3001AB

$0.00

FFP

OPEN MARKET

The contractor shall provide equipment and consumables in support of EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

$0.00

The contractor shall provide Expeditionary Medical Facility (EMF) training on behalf of the Government in accordance with the PWS.

4001AA

$0.00

FFP

FSS

The contractor shall provide cut suit actors and subject matter experts for EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

4001AB

$0.00

FFP

OPEN MARKET

The contractor shall provide equipment and consumables in support of EMF Training on behalf of the Government in accordance with PWS requirements. Specific training dates are identified in the Course Schedule within the PWS.

PWS

Performance Work Statement

SECTION 1 – SCOPE

1.1. INTRODUCTION. The purpose of this contract is to provide the Navy Medicine Operational Training Center Detachment Naval Expeditionary Medical Training Institute (NEMTI) in MCB Camp Pendleton, CA. with personnel, equipment, and consumables in support of training for Expeditionary Medical Facilities (EMF) and Role III medical units (Role III).

1.2. BACKGROUND. NEMTI conducts pre-deployment training for expeditionary Navy Medicine units supporting contingency operations worldwide. Each course includes damage control resuscitative and surgical training in a field environment. Rented Surgical Cut Suits and Cut Suit amputee actors, trained to wear the Cut Suit and portray a casualty, allows realistic learning of instrumentation handling, team concepts and use of actual technical procedures. Each training requires cut suit actors, cut suit/Advanced Surgical Skills Package (ASSP) Subject Matter Experts (SMEs), rented cut suits, and ASSP simulator consumables. The training is provided by the resident and adjunct staff at NEMTI. Navy emergency medicine physicians, surgeons, nurses, and Corpsmen participate in the training. Each course may include up to 170 participants. NEMTI conducts four EMF training evolutions each year.

SECTION 2 – REQUIREMENTS. The contractor shall provide the following for each training listed in Section 3 of the PWS for 12 hours each day, two days each training:

2.1. Personnel (Federal Supply Schedule). The contractor shall provide Cut Suit Actors and a Cut Suit/ASSP SME as follows:

2.1.1. Two Cut Suit Amputee Actors for second day of training as listed in Section 3.

2.1.1.1. Shall wear Cut Suit and portray a casualty.

2.1.1.2. Shall be available for up to 12 hours (travels to/clean up/travel from).

2.1.2. One Cut Suit/ASSP SME for second day of training as listed in Section 3.

2.1.2.1. Shall instruct operator how to safely and effectively employ the Cut Suit, specifically use of the Chest ASSP.

2.1.2.2. Shall instruct the wearer how to safely and effectively wear the Cut Suit.

2.1.2.3. Shall be available for up to 12 hours (travels to/clean up/travel from).

2.1.2.4. Shall brief proctors and NEMTI staff as needed before and during scenario execution on proper ASSP preparation and potential situations during training scenarios.

2.2. Rented Surgical Cut Suits (Open Market). The contractor shall provide rented surgical Cut Suits with appropriate injury patterns and ASSPs as follows:

2.2.1. One rented surgical Cut Suit with Abdominal ASSP.

2.2.1.1. The rented surgical Cut Suit with Abdominal ASSP shall be delivered to NEMTI for first day of training as listed in Section 3 and shall remain at NEMTI for use during second day of training.

2.2.1.2. The Abdominal ASSP shall include cross clamping of the aorta in an open chest procedure, partial pneumonectomy, stapling/removal of injuries in the lungs, and hemorrhage control in the chest.

2.2.2. One rented surgical Cut Suit with Chest ASSP.

2.2.2.1. The rented surgical Cut Suit with Chest ASSP shall be delivered to NEMTI for first day of training as listed in Section 3 and shall remain at NEMTI for use during second day of training.

2.2.2.2. The rented surgical Cut Suit with Chest ASSP shall include hemorrhage control in all four quadrants by packing with laparotomy pads, bowel leakage control, suturing/stapling of the bowel, Roux-en-Y gastric bypass, gastro-colonic anastomosis, intra-abdominal exploration, and ostomy formation.

2.3. Consumable Materials (Open Market)

2.3.1. Ten additional Surgical Cut Suit skins.

2.3.2. Wound sleeves, IV suture sleeve, simulated blood, and repair kit.

SECTION 3 – QUALIFICATIONS

3.1. Cut Suit/ASSP SME shall possess the following qualifications:

3.1.1. Current Surgical Cut Suir SME certification.

3.1.2. Training and working knowledge on all versions of the ASSP that will be used during NEMTI training support..

3.1.4. Ability to prepare the patient according to prescribed NEMTI scenarios.

3.1.5. Capability/experience to adjust support as needed during scenario execution.

3.1.6. Capability/experience to brief proctors and NEMTI staff as needed before and during scenario execution to maximize training value.

SECTION 4 – QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) MATRIX

4.1. Refer to Attachment 1 – QASP.

SECTION 5 – COURSE SCHEDULE

FY21 Course Schedule:

24 October 2020 - 7 November 2020 31 January 2021 - 13 February 2021 11 April 2021 - 24 April 2021 13 June 2021 - 26 June 2021

Dates are approximate and may shift due to deployment timelines.

Four (4) options will be included and may be exercised for courses in FY22 – FY25 in accordance with FAR 52.217-9 Option to Extend the Term of the Contract. Course dates for FY22 – FY25 will be provided prior to exercising the option period

SECTION 6 – POINTS OF CONTACT

The Technical Liaison will perform inspection and acceptance of services to be provided.

For the purposes of this clause, the following individuals are the authorized Technical Liaison’s of the Contracting Officer:

· LCDR Jason Caldwell, (760) 725-79861, jason.d.caldwell3.mil@mail.mil

· LCDR Bababowale Fabunmi, (760) 725-7145, email: bababowale.o.fabunmi.mil@mail.mil

INSTRUCTIONS TO QUOTERS

This document is linked to Notice of Intent Posting N6264520RAB01. The contractor shall submit a quote in response to the requirement to the NMLC. In accordance with FAR 13.106(b)(1) procedures, NMLC intends to award a Firm Fixed Price (FFP) contract to Strategic Operations, Inc.

Responses are due by 16 September 2020 by 2:00 PM EST. Responses shall be submitted by email as a MS Word, MS Excel or Adobe PDF attachments to amanda.r.belden.civ@mail.mil and cc nicholas.j.carroll15.civ@mail.mil SUBJECT: N6264520RAB01.

Technical

· The Quoter shall submit a quote including all necessary documentation demonstrating that their solution meets all of the requirements within the Performance Work Statement.

Price

· The Quoter shall provide unit pricing for all line items (base and option years) and a total contract price (all line items and all years).

· The quoted price will be evaluated by the Government and must be determined to be fair and reasonable for award.

Business

· The Quoter shall complete and submit Attachment 2 – Quoter’s Information Form.

· The Quoter must be registered in System for Award Management (SAM) in accordance with FAR 52.212-3. Registration is free and can be completed on-line at https://www.sam.gov/portal/public/SAM/. The Quoter shall verify its SAM record is current, accurate, complete and applicable to this combined synopsis/solicitation as of the date of this quote and is incorporated in this quote by reference. The Quoter shall be registered in SAM under the applicable NAICS code for this combined synopsis/solicitation, 621399. The small business size standard is 1000 employees. The Quoter shall complete and submit FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020) ALTERNATE I (OCT 2014)

· The Quoter shall complete and submit FAR Provision 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

· The Quoter shall complete and submit FAR Provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020).

EVALUATION FACTORS FOR AWARD

The Government intends to award a Firm Fixed Price contract resulting from this solicitation. In order to be eligible for contract award, the Business volume must be complete, the Technical volume must receive a rating of Pass, and the Pricing Volume must be complete and reasonable.

The Government intends to evaluate quotes and award a contract without discussions. Therefore, the Quoter’s initial quote should contain the Quoter’s best terms from a Technical and Price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Technical Evaluation Factor

· Conformance to PWS Requirements: Evaluation shall include the ability to meet all requirements specified in the PWS. This will be rated as either Pass or Fail.

Price Evaluation Factors

· Completeness: The Quoter provided pricing for all line items.

· Reasonableness: The Quoter’s proposed line item prices will be evaluated to determine the degree to which the line item prices compare to the prices a reasonable prudent person would expect to incur for the same or similar equipment.

Business Evaluation Factor

· Completeness:

· The Quoter completed and submitted Attachment 2 – Quoter’s Information Form.

· The Quoter is registered in System for Award Management (SAM) in accordance with FAR 52.212-3 under NAICS 621399. The Quoter completed and submitted FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020) ALTERNATE I (OCT 2014)

· The Quoter completed and submitted FAR Provision 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

· The Quoter completed and submitted FAR Provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020).

Exhibit/Attachment Table of Contents

Attachment 1 Attachment 2

QASP

Quoter Information Form

Inspection and acceptance will be performed at NEMTI.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2021

SUPPLY OFFICER

BLDG 632044 CRISTIANITOS RD

CAMP PENDLETON CA 92055

N46488

30-SEP-2021

N46488

30-SEP-2022

SUPPLY OFFICER

BLDG 632044 CRISTIANITOS RD

CAMP PENDLETON CA 92055

N46488

30-SEP-2022

N46488

30-SEP-2023

SUPPLY OFFICER

BLDG 632044 CRISTIANITOS RD

CAMP PENDLETON CA 92055

N46488

30-SEP-2023

N46488

30-SEP-2024

SUPPLY OFFICER

BLDG 632044 CRISTIANITOS RD

CAMP PENDLETON CA 92055

N46488

30-SEP-2024

N46488

30-SEP-2025

SUPPLY OFFICER

BLDG 632044 CRISTIANITOS RD

CAMP PENDLETON CA 92055

N46488

30-SEP-2024

N46488

SPECIAL CONTRACT REQUIREMENTS

Note: 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. OPTION PERIODS

1.1. Option periods under this contract will be exercised in writing by the issuance of a modification.

1.1.1.. Modifications will be issued unilaterally by the Contracting Officer when the written notices required by FAR 52.217-9 have been provided within the timeframes listed therein.

1.1.2. 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 have not been met.

2. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS

2.1. 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.

3. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL

3.1. 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.

4 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.

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

5.1. 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.

5.2. 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.

5.3. 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:

5.3.1. 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.

5.4. 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.

6. 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.

7. CONTRACTOR'S QUOTE

7.1. Performance of this contract by the contractor shall be conducted and performed in accordance with detailed obligations to which the contractor committed itself in quote dated (To be filled in at contract award).

8. STANDARD LIABILITY INSURANCE

8.1. 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.

9. INDEMNIFICATION

9.1. 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.

9.2. The awardee shall maintain in force during the term of this contract adequate insurance to cover its indemnification obligations hereunder, to include workers’ compensation insurance.

9.3. 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.

9.4. 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.

9.5. 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.

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

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

10.1. 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 implement 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.

10.2. 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.

10.3. 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.

10.4. 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.

10.5. 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.

10.6. 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.

11. STATION / BASE REGULATIONS

11.1. 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.

12. PRIVATELY-OWNED VEHICLE OPERATION

12.1. 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.

12.2. 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.

12.3. 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.

12.4 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.

13. NOTICE TO CONTRACTOR OF CERTAIN DRUG DETECTION PROCEDURES

13.1. 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.

13.2. 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.

13.3. When there is a probable cause to believe that a contractor worker working at a Government installation has been engaged in use, possession or trafficking of drugs, the installation authorities may detain the worker until the worker 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 worker, the vehicle may be detained until it can be turned over to local authorities having jurisdiction and the worker’s installation driving privileges may be suspended, revoked, or denied.

13.4. Trafficking in illegal drug and related paraphernalia by a contractor worker while on a Government vessel or installation may lead to possible withdrawal or downgrading of security clearance, and/or referral for prosecution by appropriate law enforcement authorities.

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

13.6 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.

14. ELECTRONIC TRANSMISSION OF PROPRIETARY DATA

14.1. 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 quote 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 by the Contracting Officer if a clearance is required.

15. CONTRACTOR PERSONNEL IDENTIFICATION. Contractor workers 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 workers 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.

15.1. 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.

16. PERSONNEL REMOVAL.

16.1. 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.

17. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

17.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Navy 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.

17.2. 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.

17.3. 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://ecmra.mil.

18. CONTRACTOR SUPPORT - NOTICE: NMLC USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

18.1. 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, the National Industries for the Blind, and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

18.2. 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 require the contractor workers 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 quotess and performance information.

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

18.4. By submission of its quote 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 contractor personnel in order to perform closeout services.

SUPTEXT 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:

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. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current…