PERFORMANCE_WORK_STATEMENT_stryker.docx

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Naval Hospital Camp Pendleton Stryker 1488 HD Equipment and ProCare Onsite Specialist

1. BACKGROUND:

· Naval Hospital Camp Pendleton (NHCP) provides quality medical care to active duty personnel and retired military personnel with an emphasis on providing dedicated medical personnel and quality equipment to assure the finest care and procedures

· The requirement for medical and surgical equipment and support that functions completely and accurately is imperative in assuring that the physician can diagnose and perform the required surgical procedures necessary to save lives and provide confidence in personnel in medical attention

· Medical equipment must be maintained at peak efficiency and cost effectiveness with a minimum of down time and required replacement to meet the demands of mission requirements and personnel care

· Mission requirement and support to naval personnel requires OEM qualified personnel who are able to understand the intricacies of the complex medical equipment and the ability to address the issue with immediate solutions and appropriate equipment replacement

2. SCOPE:

· General: NHCP has a requirement for a non-personal service contract for designated government owned Stryker Endoscopy Equipment Replacement and Maintenance Service

· Scope: The Contractor shall provide preventive and corrective replacement/ maintenance services for all equipment listed on Technical Exhibit 1. The Contractor is required to provide all services, materials and equipment necessary for the replacement, as well as preventive maintenance of STRYKER ENDOSCOPY HD VIDEO EQUIPMENT located in designated Operating Rooms NHCP to ensure dependable and reliable equipment operation. The scope of work performed under these specifications includes the furnishing of all labor and parts to perform all replacements on listed equipment. The Contractor shall maintain the equipment within the original equipment manufacturers (OEM) specifications, in accordance with the Federal, State, and Local law and regulations, US Navy regulations, instructions, and the Joint Commission requirements. U.S. Navy regulations and instructions will be made available upon request. When product recalls or upgrades are necessary to maintain the equipment in service within the original manufacturer’s specifications, the Contractor shall obtain and install same. The contractor shall allow only OEM trained and certified repaired personnel to provide maintenance services on the equipment. All equipment will require availability of a replacement to be sent within 8 business hours of damaged equipment being reported for repair. Replacement must be the EXACT same part number, generation, and image quality of equipment as the damaged item. Contractor must provide UNLIMITED replacement quantities for specified equipment.

This contract shall provide support coverage Monday-Friday, 0800-1700 PT, unless otherwise specified in the equipment listing in Technical Exhibit 1. The Contractor shall provide all parts, labor, materials, travel, personnel, supervision and freight for the scheduled (preventive) and unscheduled (corrective) maintenance for all equipment identified in Technical Exhibit 1.

This contract shall provide an Onsite Service Technician at Customer’s facility during normal business hours, Monday through Friday, not to exceed 40 hours per week, excluding nationally recognized holidays. During these times, a ProCare Specialist will be available for surgeries provided that Customer provides advance notice of such surgeries to the ProCare Specialist pursuant to a notice procedure to be mutually agreed upon by the Parties. Stryker will use its commercially reasonable efforts to notify Customer at least twenty-four hours prior to any absence.

· Responsibilities Include:

(a) Installation and set-up of all Serviced Equipment;

(b) Technical instruction for Customer’s clinical staff on the safe and effective use of and the handling, setting up and breaking down all supported Stryker equipment;

(c) Instruction, training and assistance to Customer’s clinical staff on regular preventative maintenance and trouble shooting for all supported Stryker equipment;

(d) Technical advice and trouble shooting for all supported Stryker equipment during surgical procedures.

(e) Repair and maintenance of Stryker equipment when necessary;

(f) Processing, handling and preparation of Stryker laparoscopic instrumentation;

(g) Other reasonable assistance and technical support with supported Stryker equipment, as reasonably requested by Customer;

(h) Training in the safe and effective use of Serviced Equipment, as often as reasonably requested by Customer.

3. PERIOD OF PERFORMANCE:

· Base Period: December 1, 2015 through May 31, 2016

· All equipment will require availability of a replacement to be sent within 8 business hours of damaged equipment being reported for repair. Response time: Contractor will respond within one (1) hour after telephone notification from COR or other authorized personnel. If the equipment cannot be restored to the operating condition via telephone, Contractor shall arrive onsite within eight (8) hours. Contractor will be onsite within eight (8) hours after telephone notification within the support hours. **Onsite Technician will respond immediately when during his/her dedicated working hours**

4. OBJECTIVES:

· Maintain Stryker HD Video Equipment at peak efficiency to ensure patient safety in Operating Room

· Onsite support for Main Operating Room

· Fast and efficient turn around on replacements

· Next day replacement on EXACT parts issued for repair (same part number, generation, quality)

· Maintain OEM parts, to maintain the value of original equipment

· FULLY qualified OEM validated and trained technicians working on equipment

· Unlimited number of replacement parts

5. TASKS/REQUIREMENTS:

· The Contractor shall provide equipment maintenance services to include all periodic planned maintenance and unscheduled repairs in accordance with original equipment manufacturer (OEM) specifications and in compliance with ISO 9001 standards, to include repairs necessitated by operator error. Upon completion of each preventive maintenance visit and each corrective maintenance visit, field service personnel must submit a signed field service report as required by the KO Representative (COR) within three days of the maintenance or repair.

· Preventive Maintenance Requirements: Service replacement and preventive maintenance will be performed in accordance with OEM specifications. The Contractor shall schedule service vendor preventive maintenance visits as specified for each equipment item. Preventive maintenance visits shall include complete inspection and testing of the equipment in accordance with OEM and Naval technical maintenance procedures.

· Preventive maintenance visits shall be scheduled at least one week (40 working hours) in advance unless otherwise directed by the COR. If the routine scheduling for the equipment items is in excess of 1 week in advance, then the preventive maintenance visits must be coordinated at least that far in advance, so as to not require rescheduling patients.

· The Contractor will ensure that only fully qualified field service engineers and technicians who have gone through the OEM service schools for the above-mentioned equipment, shall be employed in performance of any and all work under this contract.

· Preventive Maintenance Completion: Contractor must ensure that 100% of all periodic maintenance is performed within 30 days of due date. Preventive maintenance will be scheduled with the COR.

· Equipment in Use: If, for reasons beyond the Contractors control, equipment is not made available for maintenance for the entire 30 days before the maintenance completion date, the Contractor shall immediately notify the COR.

· Equipment Unable to Locate (UTL). If the Contractor is unable to locate an item within the maintenance window specified, the Contractor shall immediately notify the COR. The COR may determine that the property has been disposed of or otherwise inactive or unavailable for use and adjust Technical Exhibit 1 accordingly.

· 100% Preventive Maintenance: Under the circumstances of 3.1.5 or 3.1.6, the COR and Contractor shall arrange a means of complying with the requirements for preventive maintenance at no additional cost to the government. Equipment determined missing, lost, or stolen shall be exempt from preventive maintenance completion rate (PMCR) calculations.

· Corrective Maintenance Requirements: Correct inoperable condition in a timely manner. The Contractor shall provide for any corrective maintenance services necessary to maintain equipment within the original manufacturer’s specifications, and in accordance with any applicable FDA requirements. Immediately upon contract award, the contractor will provide the COR with an emergency telephone number that will allow twenty-four (24) hours per day, seven (7) days a week communication capability with contractor maintenance response personnel

· Response time: Contractor will respond within one (1) hour after telephone notification from COR or other authorized personnel. If the equipment cannot be restored to the operating condition via telephone, contractor shall arrive onsite within eight (8) hours. Contractor will be onsite within eight (8) hours after telephone notification within the support hours. **Onsite Technician will respond immediately when during his/her dedicated working hours

· The onsite response time is measured from the time the Contractor is originally called and not from the time the Contractor returns the call. Equipment shall be in operational condition or have a replacement within 24 hours after telephone notification. Replacement equipment must be the exact same as item sent out for repair: including exact part number and original quality

· Parts availability. To ensure maximum equipment uptime, contractor shall maintain replacement repair parts and materials necessary to perform each repair or supply said parts and materials within one (1) business day or sooner if possible. Must be exact OEM equipment replacements as originally purchased by the facility

· Equipment covered by this contract shall not be modified from OEM specifications. Equipment improvements/modifications shall be made only upon written approval and direction from the KO or his designated representative. The Contractor shall maintain contact with the representative and the COR to determine the requirement for field modifications and to ensure accomplishment of these modifications in accordance with the time schedule set forth by the appropriate authority

· Notify the COR the next business day upon receipt of OEM or replacement parts and equipment safety recall notices. Provide suitable OEM recommended repair equipment and tools required for the satisfactory execution of all repairs made

· Contractor shall furnish OEM approved lubricants and lubricate wear points within the equipment.

· The contractor shall extend to the Government all commercial warranties on replacement parts, consistent with standard industry inventory.

· Corrective maintenance shall include damage to equipment that results from, but not limited, to damage from unintentional damage (e.g., dropping), operator error, normal wear and tear, component part failures, environmental issues (e.g., water damage), etc.

· Parts: The Contractor shall provide coverage for all replacement parts necessary to maintain the equipment listed on Technical Exhibit 1 in the original manufacturer’s specifications.

· Service Vendors’ Qualification: All work shall be performed by service personnel with original equipment manufacturer service training on the products for they perform service

· The COR or his designated representative shall have the final determination on experience of technical personnel assigned by the contractor to perform maintenance services at NHCP. The contractor may request the KO to review the COR decision within three days of the COR determination. However, the field technician will not be allowed on NHCP until the COR determination is reviewed and corrected if necessary

· Service personnel shall have sufficient experience to demonstrate proficiency in maintenance of the product

· Field Service Personnel shall be authorized by the service vendor to perform the required maintenance services. Service vendors shall provide written assurance of the competency of their personnel as well as list of credentials of approved field service personnel. The KO and/or COR may authenticate the training requirements and request training certificates or credentials from the service vendors at any time

· Training: The Contractor shall provide annual training for Pendleton Hospital Biomedical Engineering personnel. When requested by the COR, the Contractor shall provide additional training sessions during the contract period as required

· 100% Completion During Hours of Work: Work required in the performance of this contract shall be performed during 0800-1700, Monday-Friday PT unless work required is designated a surgical emergency by the COR. Contractor may be permitted to arrange the time for performance of maintenance via coordination with the COR, at no additional cost to the government. The Contractor shall also provide a telephone consulting / response service twenty-four (24) hours per day, seven (7) days a week. This consulting service shall be provided to avoid undue delays in contract service coverage during after-hours and weekend/holiday periods as applicable. Under no circumstances shall the Contractor assume an inquiry, via telephone or any other means, is authorization to provide services not specifically covered by the terms of the contract. No overtime shall be billed to the government

· Recalls and Updates: The Contractor shall resolve all FDA and manufacturer recalls and other mandatory updates within thirty (30) calendar days of the original equipment manufacturers notification for all equipment covered under this contract

· Technical documentation: The Contractor shall obtain, have on file, and make available to its field service personnel all operational and technical documentation, which is required to meet the performance requirements of this contract. This documentation shall include any software needed or beneficial in speeding the diagnosis, repair, or calibration of the equipment, equivalent to that used by the manufacturer to perform the same work

· Test equipment: Test equipment calibration shall be traceable to National Institutes of Standards and Technology (NIST traceable). Any efforts conducted without equipment within the calibration intervals is not performance in accordance with this contract. Upon request by COR, the Contractor and/or service vendors shall provide a copy of the current calibration certification of all test equipment to be used, or which has been used, on NHCP equipment

5. OTHER REQUIREMENTS:

· Must be a U.S. Citizen and be able to obtain a favorable completed National Agency Check with Local Credit Checks (NACLC); additional clauses (NAVSUP 5252.204-9400) for additional information

· The Contractor shall submit an occupational health survey completed within the last six months and proof of U.S. citizenship

· Maintain annual occupational health readiness and screening in accordance with NHCP occupational guidelines

· Maintain current training requirements as required by NHCP (e.g. HIPAA, Information Assurance)

· Upon start, all contract workers will complete NHCP’s contractor check-in process via the COR Office. (Note: Original proof of U.S. citizenship required at time of check-in)

6. GOVERNMENT FURNISHED PROPERTY/TASKS:

NHCP COR shall notify the Contractor of any non-compliance with the foregoing conditions and the action(s) to be taken. Service vendors shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. If field service engineer refuses to comply promptly, the COR may issue an order stopping all or any part of the work. Under such circumstances, the KO will hold the service vendor in contract default. Nothing in this section shall be construed so as to limit the Contractor or his sub-contractors responsibilities to comply with any existing law, nor to switch jurisdictions.

· Utilities: The contractor may use Government utilities, (e.g., electrical power, compressed air, and water) that are available and required for any service performed under this contract. The building engineer, to ensure compatibility with the Naval Hospital's electrical wiring and equipment, must approve contractor electrical equipment.

· Field Service Reports: The contractor, or his representative shall furnish to;

Naval Hospital Camp Pendleton Material Management Department Biomedical Engineering Branch Phone: 760-725-1601 Fax: 760-725-1261 a legible copy of the Field Service Report upon completion of work performed. The contractor, or his representative, shall complete the Government copy of this Field Service Report to include the following:

· Purchase Order/Contract Number

· Contractor Name, Technician’s printed Name and Telephone number, and signature

· Date and Time Notified

· Date and Time Arrival

· ECN (Equipment Control Number), Type, serial # and model #

· Time expended repairing/servicing

· Description and possible cause of malfunction

· General Description of replaced parts and service performed

· Itemized list of parts and supplies furnished and the cost of each. If parts are included in the contract, cost breakdown must be provided as if cost were not included.

· Total man-hours expended to include labor cost.

Note: If repairs cannot be completed during the initial visit, contractor shall indicate the current statusof the equipment and the projected date of when repairs will be accomplished.

· GOVERNMENT PERSONNEL: NHCP employees will not perform maintenance or attempt repairs to equipment while such equipment is under the purview of this contract unless agreed to in writing by the contractor.

7. SECURITY REQUIREMENTS:

· Contractor Check-In/Check-Out: The Contractor, or his representative, is required to report to the Quarter Deck, or designated check in point for Visitor Badges during the hours of 0730 - 2000 hours, Monday through Friday, prior to and upon completion of any service/repair performed

· General Liability Insurance: The Contractor shall be required to have liability insurance to cover any actions on the part of the Contractor or his sub-contractors which result in injury or death to patients, staff, visitors, or other Contractors. Such comprehensive form of policy shall provide coverage of at least $500,000 per occurrence (FAR 52.228-5)

· Property Damage Liability Insurance: Service vendors are required to have Property Damage Liability coverage of at least $500,000

· Contract Modifications: Only the KO has the authority to obligate the government

· No modification or instruction from any party shall be construed to authorize the Contractor to take any action for which they expect compensation without written authorization from the KO

· Any direction provided to the contractor that, in the contractor’s opinion, is not authorized by the KO shall be reported to the COR or the KO immediately for resolution

· Contractor Delegation of Authority: Because of the demanding requirements of the Performance Work Statement (PWS) contract awardee may delegate the technical requirements of the contract to a subcontractor provided the Contractor states in writing:

a. the nature of the delegation,

b. the scope of the delegation, and

c. the understanding that of the authority of the subcontractor to represent the prime contractor and perform the contract requirements does not relieve the prime contractor from any responsibilities, duties or liabilities associated with the performance of the contract.

8. PLACE OF PERFORMANCE:

· Naval Hospital Camp Pendleton (NHCP), 200 Mercy Court, Camp Pendleton South, CA 92055, work will also be completed at Naval Hospital Camp Pendleton

· Working hours for all personnel will be between the hours of 0700 and 1700, Monday through Friday. Services are not required on the day of observance of Federal Holidays

· Access to Equipment: The contractor shall be provided reasonable access to all equipment that is to be serviced and utility outlets required to do the service. The contractor shall be free to start and stop all primary equipment incidentals to the operation of the maintained equipment after permission is received from on duty personnel responsible for such equipment

9. LIABILITY:

The contractor shall not be liable for any loss, damage, or delay due to any cause beyond his reasonable control including but not limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief or acts of God.

10. WORK ENVIRONMENT AND PHYSICAL DEMANDS:

Primary work will be performed in a hospital or clinic environment. Tasks to be performed will be in a seating, walking, standing, stooping and bending position throughout the workday. The contractor may be subjected to emotional stress during peak workload periods, complicated problems where tact, diplomacy, and resolution of selfcontrol are mandatory.

11. GENERAL SAFETY AND HOUSEKEEPING:

Contractor personnel shall keep his/her work area in a clean, presentable, safe, and condition at all times. Adhere to applicable WRC medical policies and requirements.

12. SMOKING/DRUG/ALCOHOL POLICY: Smoking/Alcohol Policy:

The contractor shall comply with local command smoking policies and workforce requirements. The contractor shall also comply with all Federal drug-free workplace and work force requirements and local command policies. Copies of both policies will be provided to the contractor by the NBHC COR at performance start date.

Drug Policy: The contractor shall comply with all applicable Federal statutes, laws, and regulations to implement a Drug Free Workplace Program (DFWP).

13. EMPLOYMENT OF FEDERAL EMPLOYEES:

The contractor shall not employ or enter into a contract with any person to perform work under this contract who is an employee of the United States Government, either military or civilian, unless such person receives approval IAW applicable Federal, DOD, and Navy regulations.

14. LANGUAGE REQUIREMENTS:

All contractor personnel shall be sufficiently competent in reading, writing, speaking, and understanding English to perform the work.

15. PERSONNEL CONDUCT:

The selection, assignment, reassignment, transfer, supervision, management, and control of contractor personnel employed to perform tasks specified herein shall be the responsibility of the contractor. The contractor shall be responsible for the performance and conduct of contractor and subcontractor employees at all times. Personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the installation shall abide by the security regulations listed in the contract and shall be subject to such checks by the Government as deemed necessary. The contractor shall not employ for performance under this contract any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

16. PERSONNEL COMPLIANCE:

The contractor shall ensure that contractor employees observe and comply with all local and higher authority policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, energy conservation, flag courtesy, “off limits” areas, and possession of firearms or other lethal weapons. When two or more directives or instructions apply, the contractor shall comply with the more stringent of the directives or instructions.

17. PERSONNEL REMOVAL:

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 employees 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 employees does not relieve the contractor from the responsibility for the work defined in this contract. Removal by Installation Commander: The Installation Commander may, at his discretion, bar an individual from the installation under the authority of 18 USC 1382 (1972), for conduct that is determined to be contrary to good order, discipline, or installation security and safety. Removal requested by COR: The COR may require the contractor to remove an employee working under this contract for reasons of misconduct or security violations. Contractor employees shall be subject to dismissal from the premises upon determination by the COR that such action is necessary in the interest of the Government. Removal by Military Police: Contractor employees may be denied entry to or may be removed from the installation by Military Police if it is determined that the employee’s presence on the installation may be contrary to good order, discipline, or installation security and safety.

18. PERSONAL APPEARANCE:

Contractor personnel shall comply with local military commander’s published dress codes.

19. MEETINGS AND BRIEFINGS:

Requested Meetings: When requested by the COR, the contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings. Meetings may occur on or offsite, and the frequency may be weekly, monthly or as otherwise required, and may start or end outside of normal operating hours.

Monthly Meetings: The contractor shall meet with the COR, and the Government Quality Assurance Evaluator (QAE) on a monthly basis to review contract performance. Meetings shall include review and analyses of key process indicators, analyses of process deficiencies, and problem resolution. At these meetings, the COR and the contractor will discuss the contractor’s performance as viewed by the Government and problems, if any, being experienced. The contractor shall take appropriate action to resolve outstanding issues. A mutual effort shall be made by the contractor and COR to resolve any and all problems identified.

Meeting Attendees: Meeting attendees shall include contractor managerial, supervisory, and/or other personnel knowledgeable of the subject matter. Reporting Requirements: When the contractor is the sole representative on behalf of the Government at meetings, conferences, or trips, the contractor shall deliver a related report to the COR within two working days after meeting completion. The report shall include identifying information, general observations and conclusions or recommended actions, and any additional information, such as handouts. Management and Administration: The Contracting Officer (KO) has ultimate authority for administration of this contract. The KO may delegate authority through various appointed representatives, including, but not limited to, the COR, technical assistants, one or more technical monitors, and other Government representatives associated with specific functions.

20. INTERACTION WITH OTHER ACTIVITIES:

Government Personnel: Government and contractor personnel will be working in common office and warehouse areas during working hours. Contractor performance shall not interfere with Government work in the area where any service or maintenance work is being performed. In the event the contractor believes that Government and other contractor personnel are interfering with the performance of the tasks described in this PWS, the contractor shall notify the COR immediately. The contractor is obligated to continue performance of the effort described in this contract unless there is authorization from the KO to stop work. Failure by the contractor to notify the COR and receive necessary instructions could result in denial of any additional costs incurred in performance of the contract under such conditions. Other Contractor Personnel: Other Government contractors may be performing required services in areas that interrelate with the requirements of this contract. The Government will facilitate initial contact between contractor’s performing other contracts and this contract. The contractor shall provide all further required coordination between other contractor’s for any task specified in this contract that relates to or impacts on any other contracted work.

21. VEHICLE AND EQUIPMENT OPERATION:

Privately-Owned Vehicle (POV) Permits: Contractor personnel using POVs on DOD installations shall have proper 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 IAW local and state laws as well as installation specific traffic regulations.

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. Traffic Accident Report Requirements: The contractor shall report to Base 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 OPNAVINST 5102.1 series, OPNAVINST 5100.23 series, and other applicable local instructions. The contractor shall supply a copy of any on-base traffic accident report to the DGR within five workdays after each occurrence. The contractor shall also provide the DGR a copy of any report of an off-base traffic accident that involves contractor personnel in the performance of this PWS within five workdays after each occurrence. Fines, Fees, Point Assessment and Other Costs: The contractor shall pay all fines, fees, point assessment, and other costs associated with traffic violations or accidents that occur in the performance of work under this contract.

22. SAFETY:

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

23. CONTRACTOR IDENTIFICATION:

Contracting personnel must identify themselves as "contractors" when attending meetings, answering Government telephones, or working in situations where their actions could be construed as official government acts. The Contractor must ensure that their employee(s) display(s) his or her name and the name of the company while in the work area, and include the company's name in his or her email display.

24. DELIVERABLES:

Management/Quality Control Plan (QCP): The contractor shall ensure quality service is maintained to perform services throughout the life of the contract and methods for improving the overall quality are also employed. Officers shall therefore prepare and submit a management/quality control plan. The plan shall discuss the Contractor’s overall approach and procedures for evaluating each of the major service areas contained in the PWS, communicating with the Government, resolving deficiencies, identifying potential improvements, and managing day to day operations. As part of the management/QCP, the contractor may conduct internal QC inspections. Results of any contractor internal QC inspections and corrective actions taken shall be made available to the Government for review throughout the performance of this PWS. The Government may periodically require the contractor to update/revise the management/QCP to ensure quality service is maintained throughout the life of the contract.

25. REIMBURSABLE TRAVEL EXPENSES:

The government does not anticipate that contractor provided travel expenses would be incurred under this Task Order.

26. NON-PERSONAL SERVICE STATEMENT:

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Defense Contractor. The tasks, duties, and responsibilities set forth in the task order may not be interpreted or implemented in any manner that results in any c o n t r a c t o r employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

27. GOVERNMENT MANAGEMENT OVERSITE:

Government management will provide general instructions on limitations, deadlines, how the work is to be completed. Additional instructions will be provided for any unusual assignments or those that vary from established procedures. The contractor’s employees will independently carry out the assignments. Completed work will be spot-checked by Government management for adherence to procedures, accuracy, and completeness.

28. CONTRACTING OFFICER REPRESENTATIVE (COR):

The Contracting Officer will appoint a COR to this task order IAW DFARS 252.201-7000:

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

Definition: “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions. If a KO designates a COR, the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

29. ADDITIONAL INFORMATION – CLAUSE(S):

NAVSUP 5252.204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology {IT) Systems or Protected Health Information (July 2013) Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive- Type Memorandum (DTM) 08-006 - "DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)" dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance. Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

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

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510. 30, contractor employees who require access to DoN or DoD networks are categorized as IT- I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e . g . system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain. Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall inprocess 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-Ni therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the "supervisor". The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

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

DENIAL OR TERMINATION OF ACCESS

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

CONTRACTOR'S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the KO, 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 KO and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR

CONTRACTORS ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING

SENSITIVE DUTIES

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

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

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

· Original Signed Release Statements Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor's Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required. Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command's Security Manager upon arrival to the Navy command and shall out- process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/ security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination. If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR

CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e. g., performing certain duties such as lawn maintenance, vendor services, etc. ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

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

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

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

· SF-85 Questionnaire for Non- Sensitive Positions

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

· Original Signed Release Statements The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM Failure to provide the required documentation at least 30 days prior to the individual's start date may result in delaying the individual's start date.

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

(End of Clause)