Special_Requirements_Attachment_6.docx

SPECIAL REQUIREMENTS

1.10 Scope. The following paragraphs provide special requirements and amplifying information in support of the specific tasking contained in this PWS.

1.11 Contents. This document is organized as shown below.

Paragraph 1.00 Special Requirements

Paragraph (2.00) – Special Considerations.

Information.

Paragraph (3.00) – Guidance.

Paragraph (4.00) – Contractor Identification.

Paragraph (5.00) – Security.

1.12 In any case not covered by the provisions of this document or the specific tasking elsewhere in this requirement, the contractor shall immediately consult the Contracting Officer’s Representative for the resolution of technical matters regarding the tasking and the Contracting Officer for administrative and general matters.

2.00 SPECIAL CONSIDERATIONS

2.10 Safety and Environmental Protection

2.11 Safety

2.11a Contractor personnel shall comply with all applicable DoD, DoN, OSHA, NAVSEA, NFELC, NBVC, local installation and NSWC PHD safety instructions, policies, procedures and guidance while on Government property at NSWC PHD, remote sites or travel destinations. The contractor shall request clarification of safety procedures and guidance from a Government safety observer or manager, a responsible Government employee or the COR in any case where ambiguity or confusion may arise.

2.11b Contractor personnel shall immediately report all unsafe working conditions to a responsible Government employee.

2.11c The contractor shall immediately notify the COR of any serious contractor personnel injuries or deaths sustained in the performance of this requirement. Minor injuries not requiring immediate medical attention shall be reported to the COR by the following business day. Notification shall be made by any practical, reliable means available to the contractor. If the COR is not available, the contractor shall notify the Contracting Officer instead and inform the COR as soon as is possible. The contractor shall cooperate with all official investigations of injuries and deaths. However, nothing in this paragraph shall be so interpreted as to deprive any person of due process or other civil rights.

2.12. Environmental Protection and Compliance

2.12.1 The contractor shall comply with all applicable federal state, Navy and local laws; Department of Defense Directive 5000.01, Department of Defense Instruction 5000.02, OPNAVINST 5090.1 Series, Environmental and Natural Resources Program Manual Nov 2007, OPNAVISNT 5100.23G, Navy Safety and Occupational Health Program Manual, PHDNSWCINST 5090.5, Environmental Management System Manual; PHDNSWCINST 5090.1A Hazardous Material Distribution Process, PHDNSWCINST 5090.2B Hazard Communication Plan, PHDNSWCINST 5090.3B Pollution Prevention Plan and PHDNSWCINST 5090.5 Environmental Management System Manual

2.12.2 Contractor shall have and maintain a written Environmental Management Plan (EMP) that shall be implemented during contract performance at PHD NSWC. The EMP shall be submitted to contracting officer representative (COR)/PHD NSWC ENVIRONMENTAL OFFICER for a document review and acceptance. The EMP shall address controls and operational actions that will be employed to ensure no adverse environmental impact occurs. The contractor shall have an acceptable documented EMP, in accordance with this contract, in place no later than 15 days prior to availability start date. The EMP shall be subject to periodic conformity audits by the PHD NSWC ENVIRONMENTAL OFFICER as requested throughout the contract.

2.12.3 Contractor shall submit updated or changed plans to the PHD NSWC environmental Officer as they occur.

2.12.4 Contractor EMP shall include but not limited to the requirements of the following:

2.12.5 Compliance with Environmental Management Systems

2.12.6 The Contractor’s work under this contract shall conform to all operational controls identified in PHD NSWC Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems. For more details to conform with the commands environmental objectives are located in section: J.

2.12.7 Spill Prevention Control and Countermeasures Plan (SPCC)

2.12.8 Contractor shall provide spill response procedure including spill reporting information requirements, employee reporting protocol, location and use of spill kit, clean-up and decontamination requirements, and disposal procedure.

2.12.9 Contractor shall provide name(s) of Spill Contingency Team members and telephone number(s) for a 24-hour emergency coordinator with alternate.

2.12.10 contractor shall notify Command Duty Officer (after normal working hours), the SUPERVISOR, COR and ENVIRONMENTAL OFFICER (during normal working hours) immediately upon discovery of any improper discharge.

2.12.11 Contractor shall describe the method and work practices to be employed to prevent discharges of any volume to Navigable waters.

2.12.12 Contractor shall describe the contractor's spill clean-up capability (i.e., equipment such as, absorbent pads/booms, etc.).

2.12.13 Contractors pumping operations (liquid transfer to barge/tank or vice versa or in combination).

2.12.14 Contractor shall describe the continuous communications between pump tender and barge/tank tender to allow immediate shutdown if a problem occurs during pumping/transfer operations.

2.12.15 contractor shall provide specific method for gauging compartment volume in barge/tank; maximum volume to be 85 percent of capacity in receiving barge/tank.

2.12.16 Contractor shall describe provisions to tag pump lines to indicate where line is originating from (i.e., ship/craft tank/void pump number).

2.12.17 Hazardous Material: Contractor shall provide documentation of training for personnel using hazardous materials as required

2.12.18 Contractor shall indicate that hazardous material containers, including those used by subcontractors, shall be marked with a unique identifier (e.g. company name or logo).

2.12.19 Contractor shall indicate that all containers of hazardous material regulated under Part 1910.1200 shall be closed at all times when material is not being used.

2.12.20 Contractor shall indicate that “Daily Use” containers such as paper paint pots and similar containers are managed in accordance with Part 1910.1200 (HAZCOM Standard). “Daily Use” containers shall not be used for staging and/or storage of hazardous material.

2.12.21 Contractor shall Indicate that all containers of hazardous material shall be sealed using a tight fitting lid to prevent vapors escaping during staging or storage.

2.12.22 Contractor shall remove hazardous material from equipment prior to turning-in the equipment to the Government.

2.12.23 Emergency Planning and Community Right to-Know Act (EPCRA) Section 302:

2.12.24 contractor shall submit one legible copy of Material Safety Data Sheet (MSDS) for each product containing Hazardous Substance which is brought aboard the PHD NSWC to the COR

2.12.25 Contractor shall provide report quantity of each chemical product containing listed EHS which is brought aboard PHD NSWC.

2.12.26 EPCRA Section 304:

2.12.27 Contractor shall provide verbal notification of the release of a reportable quantity of a listed or HS released at the Government facility to the SUPERVISOR/COR ENVIRONMENTAL Officer, immediately after initial applicable notifications have been made in accordance with local regulations. This verbal notification shall be followed by a written notification to the PHD NSWC COR, SUPERVISOR and ENVIRONMENTAL OFFICER within 24 hours.

2.12.28 EPCRA Section 311:

2.12.29 Contractor shall provide MSDS and quantity (by weight) of each listed Hazardous substance and Extremely Hazardous Substance stored at PHD NSWC.

2.12.30 Hazardous Waste:

2.12.31 Contractor shall comply with Hazardous waste; state Hazardous Waste Management Regulations. Hazardous waste becomes subject to regulation at the point of generation. A hazardous waste label must be affixed to the waste immediately following waste determination. Accumulation start date shown on HW label will be the date the HW was generated NOT the date the waste was sampled or analysis was completed.

2.12.32 Contractor shall comply with General Requirements for Hazardous Waste (HW) Management:

2.12.33 Contractor shall accept/retain liability, including all associated fines and penalties for improper management or disposal of HW.

2.12.34 Contractor shall conduct daily inspections of their HW storage sites and provide SUPERVISOR/COR a copy of the daily inspection report.

2.12.35 Contractor shall immediately correct any identified deficiencies.

2.12.36 Contractor shall remove all HM upon completion of contract.

PHD NSWC SUPERVISOR will dispose of any HM abandoned by a contractor and charge the contractor with all associated costs. Abandoned HW shall be characterized as an unknown, properly disposed of, and the Contractor billed for all associated costs.

2.12.37 Contractor shall obtain an EPA Generator Identification Number (ID) where state law allows.

2.12.38 Contractor shall properly segregate, package and label all waste generated by industrial processes to control listed toxic or hazardous substances.

2.12.39 contractor shall properly characterize, identify or analyze all generated waste prior to disposal.

2.12.40 If sampling of generated waste is required the contractor shall sample the waste using qualified sampling personnel and deliver to a National Environmental Laboratory Accreditation Program (NELAP). If sampling of generated waste is not required, contractor will verify the type and amount of the waste and dispose in accordance with federal, state and local requirements. Contractor will utilize Chain of Custody form as shown in Appendix A.

2.12.41 Contractor shall manage all hazardous/non-hazardous waste in accordance with all local, federal state and PHD NSWC requirements.

2.12.42 Contractor shall provide certification for all transporters, and Treatment, Storage and Disposal Facilities utilized verifying compliance with Federal, State and Local requirements.

2.12.43 Management of Operations on Waterfront and Piers:

2.12.44 Contractor shall not store HW, HM, fuel tanks and oil products on the pier.

2.12.45 Contractors utilizing portable equipment, i.e. tanks, tankers, trucks that contain hazardous materials, oil, or oily waste and must be within 15 feet of pier drains shall install drain covers during operation of the equipment. Drain covers shall be installed in accordance with manufacturer's instructions. Drain cover shall be chemical resistant, flexible PVC equal to JOMAC or HIPPO Brand. The cost of the reusable drain covers and clean-up following each use will be borne by the contractors and will not be reimbursed by the Government. Rubber drain covers will be used in addition to and are not considered a substitute for drip pans stenciled "Used Oil".

2.12.46 Quality Air Permit:

2.12.47 Contractor shall comply with NBVC permit condition which includes spray painting and coating lines, paint related materials, organic solvent degreasing operations and combustion processes, internal combustion engine, and boilers reporting requirement. Requirements involve emission inventories preparation for regulated sources and emission control equipment acquisition for newly defined volatile organic component s and new additions and modifications (i.e., realignments and major repairs) to NSWC PHD requirements. California Air Resources Board (CARB) Verified Diesel Emission Control Strategies that meet the requirements of the CARB Mobile Cargo Handling Equipment regulation. And Large Spark Engine: Gasoline, Compressed Natural Gas, Liquefied Petroleum Gas.

2.12.48 Container Management:

Contractor shall ensure all containers shall be in good condition (minor surface rust or dents are allowed), sealed, non-leaking, and compatible with the material being stored. HW containers shall be closed at all times except when adding or sampling.

2.12.49 Contractor shall seal containers properly to prevent spillage or leaks during transportation. All lids shall be closed and tightened.

2.12.50 contractor shall ensure drums with rings shall have rings properly positioned with the bolt down and tightened: CAUTION: USE NON-SPARKING TOOLS ON CONTAINERS OF FLAMMABLE MATERIALS.

2.12.50 contractor shall immediately transfer material from any container that does not properly seal.

2.12.51 Contractor shall ensure containers have no evidence of spills on the outside of the container; no dry or wet paint on the exterior sides.

2.12.52 HW labeling:

1. Contractor shall complete all labels with indelible ink

2. Label each container of HW with a yellow HW label

3. Label must include EPA I.D. Number

4. Name and address of generator

5. The proper shipping name of the waste

6. EPA Waste Numbers

7. Accumulation start date when required

8. Accumulation start date shown on label will be the date that HW was generated and NOT date that sample was taken or analysis was completed

9. Manifest Number when transported off station

2.12.53 Contractor shall ensure that Labels of non-HW containers are completely filled out on non-HW label; each state regulations will vary regarding the classification of HW vs. non HW.

2.12.54 PHD NSWC COR and ENVIRONMENTAL OFFICER will:

2.12.55 survey the contractor work processes which has the potential to generate hazardous waste; use PHD NSWC environmental tools and instructions for documented surveillance

2.12.56 retain the right to inspect all hazardous waste/material management activities performed by the contractor.

2.12.57 retain the right to take any/all wastes/materials from the contractor, if deemed necessary to protect the Government's interests.

2.12.58 retain the right to stop contractor work/operations in the event of serious safety and environmental problems/violations.

2.12.59 provide oversight (as necessary) to all spill clean-up operations.

2.12.60 review all documentation of contractor efforts to comply with federal, state, Navy and local environmental laws and regulations. This review includes, but is not limited to compliance with any minimization efforts chosen by the contractor.

2.12.61. The contractor will develop and maintain a hazardous material spill contingency plan that designates a primary and alternate environmental officer; provides immediate actions to be taken, points of contact for notification and containment/cleanup assistance; provides for spill containment, damage control, cleanup, disposal of contaminated material, and criteria for re-entering contaminated areas; and, post cleanup reporting criteria, for spills both interior and exterior to the ship.

2.12.62. The contractor shall provide the Contracting Officer proof of financial responsibility for hazardous material spill cleanup in the form of an insurance policy or Statement of Financial Responsibility, which shall cover liabilities up to an amount of $10,000,000.00.

2.20 Contractor Facility

2.21 The successful execution of this effort requires frequent interface with the personnel of at Land and Sea Test and Evaluation Department. Therefore, the contractor shall have established within 30 calendar days of procurement award, and maintain for the duration of the procurement, an office within Ventura County.

2.30 Hours of Operation and Location of Work

2.31 The standard hours of operation for the Port Hueneme site and for other sites at which this requirement normally will be performed are shown in paragraphs (2.31a) and (2.31b) below.

2.31a The standard hours of operation for NSWC PHD Port Hueneme site personnel are 0730-1700 Pacific Time, Monday-Friday. The standard hours of operation for remote site and travel destination work places are determined locally and may vary.

2.31b The standard in port hours of operation for the Self Defense Test Ship is 0700-1630. Local Time, Monday-Friday. The ship maintains a 24-hour security/fire/telephone watch

2.31c At sea, the Self Defense Test Ship operates around-the-clock.

2.32 Contractors Working at Government Facilities

2.32a Contractors shall not be present in Government buildings unless Government personnel are physically present at all times to carry out security-related functions. Government-Owned Contractor-Operated (GOCO) facilities outside of NSWC PHD are exempt from this requirement if appropriate local Government authority permits.

2.32b Provision will be made by the Government to allow necessary building, site, and facility access for contractor personnel on weekends and Federal holidays when necessary to this requirement. Contractor personnel who must work weekends and Federal holidays but who do not require access to Government buildings, sites and facilities shall work at the contractor facility or such other non-Government facility as may be determined by the contractor as appropriate for the conduct of the work under this requirement.

2.32c Contractors requiring routine or repeated access to Naval Base Ventura County (NBVC) under this procurement may participate in the RAPID Gate program at their discretion as an alternative to securing daily base passes. Note that Common Access Cards (CACs) will not be issued to contractor personnel merely to allow convenient access to NBVC as an alternative to securing daily base passes or participating in the RAPID Gate program. The provisions of paragraph (5.23) below apply with respect to issuing CACs.

2.33 Hours of operation may be altered at no notice as necessitated by Force Protection posture or as a result of severe weather, disaster, fire, facility condition, security incident or other similar emergency or event.

2.34 Extraordinary Leave Days and Excused Leave for Government Personnel

2.34a If an extraordinary day off, wherein Federal employees are excused from work with pay on what would be a normal work day without charge to leave, is granted to Federal employees by the direction of the President or an agency head, such as has occurred periodically on what would have been normal work days adjacent to major Federal holidays or on the occasion of Presidential funerals or national days of mourning, the contractor shall continue to provide contracted services in accordance with the requirement until and unless necessary access to Government buildings, ships, sites and other facilities is precluded due to absence of Government personnel.

2.34b If the contractor personnel are unable to conduct their work at an assigned Government work place due to an extraordinary day off or excused leave for Government employees, the contractor or any subcontractors may, at their discretion, continue work at another appropriate facility if possible or else grant paid or unpaid leave to its affected employees in accordance their company policies or any collective bargaining agreement (CBA) that may apply. Whether contract payments will be made for time not worked will depend upon the terms and conditions of this contract, including the pricing mechanisms contained within the contract.

2.34c If the use of alternative facilities will raise the costs of performing the requirement beyond the prices contracted with the Government under this requirement, the contractor shall first notify the contracting officer and request authorization to proceed. The contractor is not authorized to purchase or rent alternative facilities to accommodate extraordinary leave without such advance authorization from the contracting officer.

2.34d If administrative leave is granted to Government personnel at or near the end of normal work days adjacent to Federal holidays, weekends, other special days, or as part of special events or observances, the provisions of paragraphs (2.34a) through (2.34c) above shall apply to contractors. Administrative leave is normally granted to Government personnel in the form of 59 minutes of excused absence from the work place per instance.

2.34e Estimated Extraordinary Leave and Excused Leave. For information purposes only, the granting of one extraordinary leave day per year is typical, normally adjacent to the Christmas Holiday, and instances of granting 59 minutes of administrative leave to Government personnel typically occurs two to three times per year.

2.35 Location of Work. The Government shall provide the contractor workspace for performance of the task on the Self Defense Test Ship, home ported at Wharf 6, Naval Base Ventura County, Port Hueneme, CA. The remainder of the work shall be performed at the contractor facility.

2.40 Emergency Operations

2.41 In the event normal access to any part of the NSWC PHD command or any Government-owned remote site or travel destination is closed as a result of fire, flood, severe weather, power failure, loss of other utilities, force protection posture, terrorist activity, military action, natural or man-made disaster, civil unrest, or other emergency resulting in Government personnel being dismissed or dispersed to other facilities, affected contractor personnel shall be relocated or otherwise directed away from the emergency or disrupted area by the contractor. The contractor shall communicate with the COR as soon as is safely possible to determine whether and when Government facilities may be once again available for use by appropriate contractor personnel. If the COR cannot be reached, the contractor shall contact the Contracting Officer. If Government facilities cannot be made available for contractor use by the start of the following business day, contractor personnel shall be relocated as directed by the contractor who shall confer with the Contracting Officer at the earliest possible opportunity to make alternative facility arrangements for the continuation of contracted work.

2.42 When contractor personnel cannot access Government facilities for reasons described in paragraph (2.41) above, contractor personnel shall continue performing the requirement of this PWS at the contractor facility or one or more alternative locations unless such performance is impossible due to safety, security, technical and cost considerations.

2.42a If the use of alternative facilities will raise the costs of performing the requirement beyond the prices already contracted with the Government, the contractor shall first notify the contracting officer and request authorization to proceed. The contractor is not authorized to purchase or rent alternative facilities for emergency operations without such advance authorization from the contracting officer.

2.42b If the use of alternative facilities is not possible for safety, security, technical and cost reasons, the contractor or subcontractors may at their discretion grant paid or unpaid leave to its affected employees in accordance with their company policies and any collective bargaining agreement (CBA) that may apply. Whether contract payments will be made for time not worked will depend upon the terms and conditions of this contract, including the pricing mechanisms contained within the contract.

2.43 Emergency Muster Reports. In the event of large-scale or widespread emergencies, or emergencies confined to highly populated areas, either in the United States or overseas, the Government may, at its discretion, request an Emergency Muster Report for contractor personnel.

2.43a In the event a muster report is requested, the contractor will, within one working day of receiving the request, report to the COR or other point of contact designated by the COR the names, geographical locations, and physical status of the contractor personnel assigned to this procurement. Physical condition shall be described as “Mustered – unharmed,” “Mustered – injured,” “Missing,” “Deceased,” or “Unknown” as applicable to the situation. Follow-on update reports may be requested as the emergency develops.

2.43b Privacy Act Statement: The information gathered shall be used by the Government exclusively for the purposes shown in paragraphs [2.43b(1)] through [2.43b(3)] below. Provision of this information by the contractor and by contractor personnel is voluntary and declining a muster shall, by itself, not be considered relevant to the performance of this requirement.

2.43b (1) Cooperation with emergency personnel in rescue and recovery efforts.

2.43b (2) Determining whether personnel with security clearances and access to classified information are missing, particularly if missing overseas.

2.43b (3) Managing impacts to Government mission areas relative to the tasking in the requirement.

2.44 Communications Security (COMSEC) Not Used

2.50 Points of Contact, Maps and Facility Drawings.

2.51 Points of Contact. See Section G of the solicitation.

2.52 Maps and Facility Drawings. For reasons of security and force protection, maps and facility drawings may be provided by the Government only to contractors making written requests for such information. Requests shall be addressed to the COR after receipt of order. The Government retains the right to deny any and all such requests.

2.60 Emergent Travel. Emergent travel shall be coordinated with the COR prior to travel. The contractor shall inform the COR via electronic mail of the purpose of travel, Government POC, number of persons traveling, destination, estimated duration and cost in terms of both hours and dollars.

2.70 Prioritization

2.71 Weekly meetings may be held between the COR and the contractor to prioritize the technical requirements of the PWS.

2.80 Provision of Support in Foreign Jurisdictions

2.81 FMS Case Citation. In providing Foreign Military Sales (FMS) support under any of the paragraphs of this PWS, the contractor shall ensure all FMS services and products delivered be in support of specific FMS cases to be identified in consultation with the technical code and the COR.

2.82 Status of Forces Considerations. When providing support under this PWS within foreign national jurisdictions, whether for FMS or USN tasking, the contractor shall comply with the requirements of paragraphs (2.82a) through (2.82d) below.

2.82a Definitions. Paragraphs [2.82a(1)] through [2.82a(3)] provide definitions of terms for use only in meeting this requirement and shall have no bearing on the interpretation of these terms outside of this requirement.

2.82a (1) For the purposes of paragraphs (2.82b) through (2.82d) below, the phrase “immediate United States jurisdiction” shall be understood to refer to the territory of the United States and its possessions; the ships, submarines, vessels and aircraft of the United States Government; the embassies, consulates and other diplomatic missions of the United States; and any other territory, edifice or conveyance over which the United States exercises national sovereignty.

2.82a(2) For the purposes of paragraphs (2.82b) through (2.82d) below, the phrase “foreign national jurisdiction” shall be understood to refer to the territory of a foreign sovereign nation and its possessions; the ships, submarines, vessels and aircraft of such nation; the embassies, consulates and other diplomatic missions of such nation; and any other territory, edifice or conveyance over which such nation exercises national sovereignty, with the exception of foreign Government ships in United States territorial seas and internal waters and foreign government aircraft in United States air space.

2.82a(3) The term “Status of Forces Agreement” (SOFA) shall, for the purposes of this PWS, include not only actual Status of Forces Agreements (SOFAs) but also Visiting Forces Agreements (VFAs), Memoranda of Understanding (MoUs) and any other similar agreement, however titled, that governs, defines or clarifies the circumstances and terms under which United States armed forces, civil servants, and their supporting contractors are allowed to operate within foreign territory or national jurisdiction and which normally addresses issues pertaining to the presence and activities of United States forces and nationals, including matters pertaining to civil and criminal jurisdiction.

2.82b The contractor shall ensure that all support provided at any location outside immediate United States jurisdiction, whether ashore in a foreign country or territory, afloat in a foreign vessel, airborne in a foreign aircraft, or otherwise under foreign national jurisdiction, shall comport with the contents of the Status of Forces Agreement (SOFA) applicable to that country or countries. The contractor shall brief its personnel providing such support on the pertinent contents of the applicable SOFA(s) prior to their departure for the foreign jurisdiction(s).

2.82c Where support under this PWS is provided in a foreign national jurisdiction wherein no SOFA is in force, the contractor shall brief its personnel on that fact prior to their departure for that foreign jurisdiction. The contractor shall report the lack of a SOFA to the COR prior to the departure of such personnel for the foreign jurisdiction(s). Contractor personnel shall attend applicable SOFA indoctrination training at host facilities if available.

2.82d The contractor shall submit to the COR a written report explaining the circumstances and disposition, if known, of any incident within a foreign national jurisdiction wherein its personnel are arrested, detained or otherwise taken into custody by US or foreign government personnel, whether during or outside working hours. The report shall be made not later than 2 business days after the contractor becomes aware of the incident and may be made by e-mail or in hard copy format. The contractor shall ensure the COR has received the report and is aware of its subject. If the COR is not available, the contractor shall make such report to the Contracting Officer with copy to the COR. The contractor shall provide updated reports to the COR as the incident develops, unless this requirement is waived by the COR. Reports shall include the following information about the incident, if available to the contractor at the time of the report:

2.82d (3) Whether foreign nationals were involved and their names and nationalities, if known.

2.82d (4) Whether US or foreign law enforcement personnel were involved.

2.82d (5) Whether US citizens or foreign nationals were injured or killed.

2.82d (6) Whether US diplomatic missions or personnel were notified of the incident, and by whom.

2.82d (7) Whether any local US military command was notified of the incident and by whom.

2.82d (8) Whether the contractor personnel remain in the foreign jurisdiction or have traveled elsewhere.

2.82d (9) Brief description of incident to include date(s), time(s) and locations(s), as applicable.

2.82d (10) What action, if any, the contractor has taken to dispose of the incident.

2.82e These reports are for information only and nothing in the (2.82) series paragraphs shall be so interpreted as to deprive any personnel of due process or other civil rights. Where provision of this information, or any part of it, to the Government may be felt by the contractor or the contractor personnel to limit or infringe such rights, the contractor shall first contact the COR for clarification. If the COR is not available, the contractor shall instead contact the Contracting Officer.

2.82f Unless specifically required by the terms of a particular SOFA, or unless required by other US law, instruction or policy, the Government will not provide legal representation abroad to contractor personnel taken into custody, detained or prosecuted by a host nation law enforcement agency.

2.90 Government Furnished Property and Government Furnished Information

2.91 Scope. Contractor personnel working in Government buildings and occupying Government spaces will be granted use of Government Furnished Property (GFP) to the extent necessary to perform the requirements of this procurement as defined in paragraphs (2.92) through (2.95) below. Access to Government Furnished Information (GFI) is governed by the provisions of paragraph (5.00) below and of the Department of Defense Contract Security Classification Specification, DD Form 254, attached to this requirement.

2.92 Office Space and Furnishing. Contractor personnel occupying Government spaces will be allowed rent-free office space comparable to that provided nearby Government personnel performing broadly similar functions. The contractor will have necessary use of office furnishings with desks or cubicles, chairs, and file cabinets. Navy-Marine Corps Intranet (NMCI) computers and landline telephones will be made available for official use only by contractor personnel at the Government site. Contractor personnel shall be responsible for complying with security regulations regarding telephone, e-mail and Internet use. The contractor shall have access to all Government Furnished Equipment (GFE) necessary to perform the requirement.

2.93 Consumable Materials. Except as may be specified elsewhere in this requirement, use of Government consumable materials by the contractor is authorized on a case-by-case basis within the restrictions shown in Paragraphs (2.93a) through [2.93b(2)] below.

2.93a Government Consumables shall not be used for the production of newsletters; presentations or reports exceeding 300 printed pages (total, including all copies); or optical media exceeding 20 copies in total. The COR may waive this restriction at the Government’s discretion in the case of classified products; where mission-critical timeliness, security or business sensitivity considerations requires the use of Government consumables; or where the Government possesses a unique consumable the contractor cannot procure in a cost-effective or timely fashion.

2.93b Within the restrictions of Paragraph (2.93a) above, the contractor may use nominal amounts of Government consumable materials as shown in Paragraphs [2.93b (1)] through [2.93b(2)] below.

2.93b (1) Use of nominal amounts of printer and photocopier paper for printing and copying of important naval message traffic, electronic mail messages, financial spreadsheets, and similar low-volume documents.

2.93b(2) Use of pens, paper, tape, and similar desktop consumables in teaming environments, such as conferences, meetings, process improvement events or program reviews, where the use of contractor-supplied consumables would impose delay or be otherwise impractical. In such circumstances, use of consumable materials must be comparable to that used by Government teammates.

2.94 No GFP shall become the property of the contractor. All GFP, except authorized consumable materials, shall be returned to the custody of the Government at the expiration of this procurement.

2.95 Damage to and Loss of GFE

2.95a Damage to GFE. Damage to Government furnished equipment (GFE) resulting from intentional or negligent misuse by contractor personnel is the responsibility of the contractor for repair or replacement at the discretion of the Government. Liability for damaged GFE will be limited to the replacement costs, including shipping and handling. Damage to GFE during use by contractor personnel that results from normal usage, pre-existing condition or anomalies is the responsibility of the Government.

2.95b Loss of GFE. Loss of GFE where theft is neither known nor suspected is the responsibility of the contractor for replacement at the discretion of the Government. Liability for damaged GFE will be limited to the replacement costs, including shipping and handling.

2.95c Theft of GFE.

2.95c(1) Loss of GFE through known and suspected theft shall be reported to local law enforcement at the time the loss is discovered and a copy of the subsequent report shall be provided to the COR not more than two business days after the report is available to the contractor.

2.95c(2) Where loss of the GFE through known and suspected theft has resulted from the negligence of the contractor, such as being due to improper storage, transportation and security procedures, the loss is the responsibility of the contractor for replacement at the discretion of the Government.

2.95c (3) Where loss of the GFE through known and suspected theft has not resulted from the negligence of the contractor, the loss is the responsibility of the Government.

2.96 All GFI shall be returned to the custody of the Government at the expiration of this procurement unless otherwise directed by the Department of Defense Contract Security Classification Specification, DD Form 254, attached to this procurement. No unauthorized copies of GFI shall be made by the contractor.

3.00 MANDATORY GUIDANCE

The following guidance is mandatory for work carried out under this procurement. Guidance in this paragraph is in addition to, not in lieu of, other mandatory guidance in this requirement. If revisions to these guidance documents are published during the period of performance of this requirement, including option periods, if exercised, the revised versions shall become mandatory guidance in lieu of the versions here cited:

3.10b OPNAVINST 4790 (or most current revision) Ship's Maintenance Management Manual

3.10c OPNAVINST 5090.1B (or most current revision)

3.10d U.S. Coast Guard CG169 (or most current revision) Navigation Rules of the Road

4.00 CONTRACTOR IDENTIFICATION

4.10 Contractor personnel are required to identify themselves as such at the beginning of official communications with Government personnel, whether in person, by telephone, teleconference or electronic mail, or by any other means, unless the contractor is already personally known to all participants in an official communication to be a contractor, such as in the case of continuing official contact. In all cases where doubt may exist, the contractor personnel shall identify themselves as contractors and by the company name of their employer.

4.20 All e-mail messages from contractors shall, without exception, clearly identify the sender as a contractor and include the company name of their employer.

5.00 SECURITY

5.01 Contents. The (5.00) series paragraphs are organized as shown below.

5.10 Security Requirements

5.10a This procurement does not require access to communications security (COMSEC) equipment.

5.10b This procurement does not require access to intelligence information

5.10c This procurement does not require access to Sensitive Compartmented Information (SCI).

5.10d This procurement does not require access to North Atlantic Treaty Organization (NATO) information.

5.10e This procurement does not require access to the Secure Internet Protocol Router Network (SIPRNET).

5.10f This procurement does require access to Operations Security (OPSEC) Sensitive information.

5.10g This procurement does not require access to Foreign Government Information (FGI.

5.15 Security Clearances.

5.15a Contractor personnel do not require a security clearance to work on this requirement.

5.20 General Security Procedures

5.21 Contractor personnel shall comply with all DoD, DoN, NAVSEA, Naval Base Ventura County (NBVC), Naval Facilities Expeditionary Logistics Center (NFELC), NSWC, local Navy installation and NSWC PHD security instructions, policies, procedures and guidance as they apply to the contractor both on and off Government property at NSWC PHD, remote sites or travel destinations, to include following established check-in and check-out procedures of all contractor personnel occupying Government facilities or otherwise requiring physical access to Naval Base Ventura County, NFELC and NSWC PHD. The provisions of paragraph (5.25) below apply to check-out procedures.

5.22 (Not Used)

5.23 Common Access Cards (CACs)

5.23a CAC issuance is at the discretion of the Government. The Government reserves the right to change the criteria for CAC issuance at any time without notification to the contractor. The contractor is responsible for ensuring the return of all CACs issued their employees to Naval Base Ventura County Security upon contractor employee separation, the expiration of this procurement and the termination of this procurement as required in paragraph (5.24) below. Reports of the status of contractor personnel occupying NSWC PHD facilities and of the return of CACs shall be made in accordance with paragraphs [94.30c(1)] and [94.30c(2)] respectively, above.

5.23b CACs will normally be issued only to individual contractor personnel who are assigned to this requirement and who meet at least one of the three following criteria:

5.23b(1) The individual requires access to multiple DoD facilities or access to multiple non-DoD Federal facilities on behalf of the Department on a recurring basis for a period of 6 months or more. Note that CACs will not be issued to contractor personnel merely to allow convenient access to NBVC as an alternative to securing daily base passes or participating in the RAPID Gate program. See paragraph (2.32) above.

5.23b (2) The individual requires both physical access to a DoD facility and access, via logon, to a DoD network. Access to a DoD network must require the use of a computer with a Government-controlled configuration located in a DoD facility or use of a DoD approved remote access procedure.

5.23b (3) The individual requires remote access to DoD networks that use only the CAC logon for user authentication.

5.23c The contractor is responsible for ensuring its personnel meet all Government requirements for CAC issuance, including possession of an appropriate final security clearance.

5.24 Government Facilities. The provisions of paragraph (2.32) above apply to contractor personnel working at Government facilities.

5.25 Rescission of Access to Government Facilities

5.25a Access to Government facilities is at the discretion of the Government. The Government reserves the right to rescind access by contractor personnel to Government facilities at any and all times and without presenting reason.

5.25b In each instance when contractor employees depart Naval Base Ventura County at the end of their employment with the company or firm, at the end of the POP of this procurement, upon their transfer to another procurement, and upon being denied access to Government facilities for whatever reason, the contractor shall ensure the prompt return to the Government of all of the following materials in the possession of that employee:

5.25b (1) Government-owned keys to desks, offices, etc.

5.25b (2) Common Access Cards (CACs), except for CACs issued to retired military personnel and retired civil servants on that basis 5.25b (3) Base Passes, except for passes issued to retired military personnel and retired civil servants on that basis 5.25b (4) Base stickers for the employee’s vehicles, except for stickers issued to retired military personnel and retired civil servants on that basis

5.25c In executing the provisions of paragraph (5.24b) above, the contractor may collect the materials listed in that paragraph and return them to the custody of an appropriate Government employee or direct the contractor employee to surrender these items at the Naval Base Ventura County Security Office, whichever is appropriate to the circumstances. In all cases the contractor shall follow current Naval Base Ventura County and NSWC PHD Security instructions appropriate to the circumstances.

5.26 Emergency Operations. The provisions of paragraph (2.40) above apply to emergency operations under conditions of heightened security and Anti-Terrorism Force Protection posture.

5.27 Isolated Personnel Reporting. Contractor personnel traveling to the Area of Responsibility (AOR) of the United States Pacific Command (PACOM) and other Unified Combatant Commands (UCCs), excepting US territory, shall complete an Isolated Personnel Report (ISOPREP) or other similar document specified by the UCC when required as a precondition to entering the AOR on official business under this requirement.

5.30 Information Protection

5.31 Contractor personnel granted access to the NMCI network will be required to complete Navy Information Assurance (IA) or comparable training, at the Government’s discretion, and complete and sign appropriate IA forms required to be granted continued access to Government information technology networks.

5.32 Contractor personnel occupying NSWC PHD facilities, and contractor personnel who routinely visit NSWC PHD facilities, may, at the Government’s discretion, be required as a condition of access to said facilities to sign a Certificate of Non-Disclosure (CND), also referred to as a Non-Disclosure Agreement (NDA), to protect classified and unclassified Government financial and other business sensitive information they may become aware of through proximity to Government personnel, information and spaces. Contractor personnel may, at the Government’s discretion, be required to sign a CND (or NDA) to protect financial and other proprietary information pertaining to other contractors if the completion of the tasking in this PWS necessitates access to such information. If required, the COR shall issue CNDs/NDAs to the contractor, who will return signed CNDs/NDAs to the COR within three business days. The provisions of Section H of this procurement pertaining to Non-Disclosure Statements, CNDs and NDAs apply.

5.40 Operations Security

5.41 Background. Operations Security (OPSEC) is a process for protecting unclassified sensitive information from exploitation by an adversary. Sensitive unclassified information – which is also referred to as Critical Information (CI) or Critical Program Information (CPI) – is defined as information that is not classified but which needs to be protected from unauthorized disclosure. Examples are information labeled “For Official Use Only (FOUO),” proprietary information, contractor sensitive information, limited distribution information, and Personally Identifiable Information (PII).

5.42 The contractor and all subcontractors shall provide OPSEC protection for sensitive unclassified information as identified in the Critical Information (CI) List [see paragraph (5.45)], and the attached Critical Program Information (CPI) List if applicable. Additional countermeasures may be employed as necessary. The contractor and all subcontractors shall employ the countermeasures listed in paragraph (5.47) below in order to protect that information. If an OPSEC Plan is provided, the contractor and all subcontractors shall comply with that plan. These OPSEC requirements will be in effect throughout the life of the procurement from award through the conclusion of services at the end of the Period of Performance (POP) or other procurement termination. If required, the contractor and all subcontractors shall prepare their own OPSEC Plan in accordance with the DD Form 1423-1, Contract Data Requirements List (CDRL).

5.43 All prime contractors and subcontractors shall comply with PHDNSWCINST 3432.1A Operations Security. (PHDNSWCINST 3432.1A is available on the NSWC PHD Portal. Contractors without Portal access may request a copy of this document from the Contracting Officer.) All prime contractor and subcontractor personnel assigned to this requirement shall complete the mandatory annual OPSEC training provided by the Government no later than 30 September of each year. Prime contractors and their subcontractors will report to PHD NSWC by 15 October each year the number of their employees assigned to this procurement who were trained, the number remaining to be trained, and the completion percentage. Failure to comply with the requirement for mandatory annual OPSEC training may result in termination of the procurement and may be reported as non-compliant with NAVSEA OPSEC requirements. The prime contractor and all subcontractors shall comply with the Navy’s Information Assurance and Personnel Security Requirements for Accessing Government Information Technology (IT) Systems.

5.44 Contractor personnel shall follow Operations Security (OPSEC) concepts and principles in the conduct of this requirement to protect Critical Information [see paragraph (5.45) below], personnel, facilities, equipment and operations from compromise. The contractor shall consult with the COR within 5 working days of receipt of order to determine all special circumstances affecting OPSEC under this requirement. In any case where there is uncertainty or ambiguity regarding OPSEC measures, the contractor shall consult the COR as soon as possible. If the COR is unavailable, the contractor shall consult the contracting officer instead. The prime contractor and all subcontractors shall provide OPSEC protection for sensitive unclassified information and comply with all OPSEC guidance in accordance with the references in paragraphs (5.44a) through (5.44d) below:

5.44a PHDNSWCINST 3432.1A Operations Security…