STATEMENT_OF_WORK_-_CATHOLIC_PRIEST.docx

STATEMENT OF WORK

NON-PERSONAL SERVICES: ROMAN CATHOLIC PRIEST SERVICES

1. INTRODUCTION/SCOPE

A. Background. The Commanding Officer, Naval Hospital, Camp Pendleton (NHCP) is responsible for providing the spiritual and religious care of patients and staff. BUMED provides chaplain billets to support this requirement. The Chaplain Corps has traditionally provided chaplains to fill the two billets at NHCP.

B. Discussion. The nature of pastoral care to Roman Catholics is sacramental in nature. The celebration and administration of sacraments requires the presence of a Catholic priest. Therefore, it is essential that Catholic priests are available to provide pastoral care and sacraments to Roman Catholic patients and staff at NHCP. Traditionally, the Navy Chaplain Corps has been able to provide an adequate number of Catholic priests to fill billet requirements and care for the Roman Catholic population within the naval sea services. In recent years, a shortage of Catholic priests in the civilian community has developed. This shortage is now reflected in the decreased availability of Catholic chaplains in every branch of the military. We recently lost the priest assigned to NHCP. We will not be detailed another priest. The priests assigned to the Marine Corps unit’s onboard Camp Pendleton are either with deploying units or are at large base chapels; they have only been able to provide emergency coverage and will not be released, even temporarily, from their units to provide continuous pastoral care to our command. Therefore, we needed to devise and implement new strategies to meet the spiritual and religious needs of Roman Catholics. This requires us to use Roman Catholic assets outside of the military.

C. Scope. Unless otherwise stated in this Statement of Work, the Contractor shall furnish all labor, tools, supervision, material, parts, equipment, and transportation necessary in providing non-personal services of a Roman Catholic civilian priest inclusive of providing for the pastoral and sacramental needs of Roman Catholics at Naval Hospital Camp Pendleton.

***Federal Acquisition Regulation (FAR) clause 52.222-17, Non-displacement of Qualified workers Under Service Contracts shall apply. The current contractor employee may be reached by contacting Ms. Vicki Miller at (760) 725-1223 or email vicki.k.miller.civ@mail.mil***

2. CONTRACTOR REQUIREMENTS.

A. Mission/Services. The civilian priest shall be an independent contractor of Pastoral Care Services. The contractor shall celebrate Roman Catholic Masses, provide counseling/visiting opportunities as required, and sacramental acts.

B. Term of this contract. The contractor (priest) agrees to perform on behalf of the U.S. Government duties of a Roman Catholic priest for spiritual care of active duty military personnel, families, eligible civilian employees, and other beneficiaries per the terms and conditions of the contract.

Period of Performance:

Base Year: October 1, 2016 through September 30, 2017 Option Year 1: October 1, 2017 through September 30, 2018 Option Year 2: October 1, 2018 through September 30, 2019 Option Year 3: October 1, 2019 through September 30, 2020

C. Place of Performance. Work shall be performed onboard Naval Hospital. Meetings between the contractor and the Command Chaplain, or his/her representative, shall be performed on site.

Naval Hospital Camp Pendleton 200 Mercy Circle Camp Pendleton, CA 92055-5191

D. Work Hours. The contractor will be responsible for all scheduled Masses during the course of the year. Any other requirements for Masses will be determined by mutual consent between the contractor and the Command Chaplain. It is normally expected that the contract priest will arrive ½ hour prior and stay ½ hour after the end of each Mass. Other services will be performed as needed and at the discretion/authorization of the Command Chaplain, with no set length of time set for each performance. Flexible hours during the regular work week, Monday through Friday, may be employed at the mutual consent of the contractor and the Command Chaplain.

E. Communication. The contractor is authorized to meet with Directors, Department Heads, supervisors, and other staff personnel as well as patients and their families in the performance of pastoral responsibilities. The contractor shall coordinate all activities with the Government appointed Contracting Officer Representative (COR).

F. Personal Qualifications.

1) The contractor shall be a validly ordained Roman Catholic Priest in good standing with his diocese or religious order. Ecclesiastical endorsement in writing by the priest’s diocese shall be sent to the Command Chaplain for verification.

2) The Catholic priest shall demonstrate reliability, good relational skills and the ability to serve on an ecumenical ministry team.

3) The contracted priest will comply with government policies and regulations in regard to identification badges, parking, and professional decorum.

G. Personal Appearance. The contractor personnel shall comply with local military commander’s published dress codes. The contractor shall be neat, clean, well-groomed, and in appropriate clergy clothing when in patient care and public areas. The contractor shall display the identification badge provided by security any time while at work.

H. Government Regulations. The contractor shall become acquainted with and obey all pertinent Command, Navy, and DOD regulations, shall perform in a manner which precludes any waste of utilities and shall not use government equipment for personal business. All motor vehicles operated on this installation by the contractor shall be registered with base security and operated according to applicable directives. Eating and smoking by the contractor are prohibited in patient care areas and are restricted to designated areas.

I. Absences. The contractor shall advise the Command Chaplain, or his acting substitute, of any planned or unplanned absences. The contractor shall provide a competent priest substitute absences.

J. Ethical Conduct. The contractor, although in fact not a Government employee, shall comply with Executive Order 11222 of May 8, 1965, “Prescribing Standards of Ethical Conduct for Government Officers and Employees,” and shall also comply with Department of Defense (DOD) and Department of Navy (DON) regulations implementing this Executive Order. In addition, the contractor shall adhere to all DOD, Navy, and Command policies and regulations during the performance of their duties.

3. PROPERTY.

A. Government-Furnished Property. The Government will provide administrative support and adequate working space, all equipment (e.g., desk, chair, drafting, printer, copier, telephone, etc.), utilities, janitorial services, and expendable operating supplies for the duration of this purchase order. The contractor shall maintain the assigned office space in a neat and orderly manner. Contractor shall only use government-furnished facilities, equipment and supplies to accomplish the tasks required under this award. Access to Government computer is prohibited unless contractor employee has complied with Attachment 002 Clause 5252.204-9400 providing instructions in obtaining National Agency Check with Law and Credit (NACLC) for issuance of a Common Access Card (CAC). Personal or company use of phones, utilities, computers, printers, copiers, etc., not directly related to required services is strictly prohibited. The contractor shall not remove any government-furnished equipment or supplies from the worksite without the express written permission of the Contracting Officer Representative (COR). The government will allow unlimited telephone usage, both local and long distance, in support of the Pastoral Care Services programs. Upon request the government will provide the referenced information specified in Section 4, General Information. The Pastoral Care Services staff will coordinate the retrieval of information needed by the contractor and serve as the interface. The government will provide resources for the administration and celebration of sacraments and other professional resources deemed necessary by the Command Chaplain.

B. Contractor-Furnished Property. The contractor shall furnish any items which are for personal use/ownership, or which are resources the government may be restricted in appropriating/procuring.

4. GENRAL INFORMATION.

The following documents and data sources shall be provided to the contractor in the performance of duty upon request. This information will be provided by the NHCP Pastoral Care Services staff:

A. Demographic information on the beneficiary population served.

B. Current data on patient preferences as determined by survey, correspondence, and patient relations statistics.

C. Information regarding non-medical issues such as facilities, parking, support services, staffing, watch bills, and other amenities.

D. Results of inspections/surveys by internal and external agencies.

5. OTHER TERMS AND CONDITIONS:

A. HEALTH SCREENING REQUIREMENTS (Attachment 001):

Naval Hospital Camp Pendleton's (NHCP) Health Industry Representative (HIR) Health Screening Requirements Policy Statement and the Joint Commission Hospital Accreditation Standards of 2014, NHCP requires all HIRs (defined as individuals performing a health or medical equipment-related service(s), who come within three feet of patients or a sterile field) to maintain health screening including an influenza vaccination (within last 12 months) and a tuberculosis screening (within last 60 months) prior to receiving access to NHCP. Health screening may be submitted to NHCP Occupational Health Department via email at NHCP_OMSCREEN@med.navy.mil, fax at 760-725-3786, or via mail at:

Department of the Navy Commanding Officer Naval Hospital Camp Pendleton ATTN: Occupational Health Department Box 555191 Camp Pendleton, CA 92055-5191

B. 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 CCC medical policies and requirements.

C. 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 CCC Contracting Officer Representative (COR) at performance start date.

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

E. 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.

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

G. 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.

H. 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 the more stringent of the directives or instructions.

I. 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.

J. 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 off-site, 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 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.

K. 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.

L. 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 SOW, 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.

M. 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.

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

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 SOW 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 SOW 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.

N. 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 Contracting Officer and cognizant Contracting Officer Representative (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.

O. 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.

P. REIMBURSABLE T R A V E L E X PE N S E S: The government does not anticipate that contractor provided travel expenses would be incurred under this Task Order.

Q. 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 statement of work. 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 contractor 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.

R. 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.

S. Wage Determination:

In accordance with Title 29, of the Code of Federal Regulations, Labor Standards for Federal Service Contracts, GSA considers the Service Contract Act (SCA) applies to this task order, applicable Department of Labor Wage Determination attached.

Occupational Code/Wage Category: Non applicable – Professional Services.

The Contractor is put on notice that regardless of the rate proposed for billing purposes and payment purposes, the Contractor is required by the Department of Labor during contract performance to pay non-exempt employees at least the applicable wage determination rate for the specific area(s), if a specific wage determination(s) exist. If none exists, the Contractor must pay the non-exempt employees at least the salary portion of the applicable rate dictated by the DOL. In addition, the Contractor will be held to the legal guidelines set by the SCA regarding fringe benefits, safe and sanitary working conditions, and notification to employees of minimum compensation allowed, and equivalent federal employee classification wage rates.

T. 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 the Contracting Officer designates a contracting officer's representative (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.

(End of Clause)

6. Evaluation Criteria: Award will be made to the responsible contractor whose offer represents the lowest priced technically acceptable offer using the following evaluation criteria:

A. Technical Capability/Employee Qualifications: Contractor offer meets all the Government requirements & specifications provided in the Statement of Work (SOW). The contractor shall be a validly ordained Roman Catholic Priest in good standing with his diocese or religious order. Ecclesiastical endorsement in writing by the priest’s diocese shall be provided with the contractor offer for Government verification (SOW paragraph 2f).

***Federal Acquisition Regulation (FAR) clause 52.222-17, Non-displacement of Qualified workers Under Service Contracts shall apply. The current contractor employee may be reached by contacting Ms. Vicki Miller at (760) 725-1223 or email vicki.k.miller.civ@mail.mil***

B. Past Performance: Will be evaluated as Acceptable or Unacceptable based on past performance information obtained from any other sources available to the Government, to include: 1) the contracting officer’s knowledge of and previous experience with the supply or service being acquired; 2) customer surveys, and past performance questionnaire replies; 3) the Government-wide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov; or 4) any other reasonable basis. In the case of a scheduled contractor without a record of relevant past performance or for whom information on past performance is not available, the scheduled contractor will not be evaluated favorably or unfavorably on past performance.

C. Price: No additional information from the scheduled contractor will be required if the price is based on adequate price competition. In the event adequate price competition does not exist, the contracting officer will obtain information from the scheduled contractor to the extent required to determine the reasonableness of the offered prices.

Contractor cost proposal shall be in the following format:

Base Year: October 1, 2016 through September 30, 2017 Quantity Unit of Issue Unit Price Extended Price 66 per service/each $__________ $_______________

Option Year 1: October 1, 2017 through September 30, 2018 Quantity Unit of Issue Unit Price Extended Price 66 per service/each $__________ $_______________

Option Year 2: October 1, 2018 through September 30, 2019 Quantity Unit of Issue Unit Price Extended Price 66 per service/each $__________ $_______________

Option Year 3: October 1, 2019 through September 30, 2020 Quantity Unit of Issue Unit Price Extended Price 66 per service/each $__________ $_______________

Past Performance Evaluation Ratings

Government has no reasonable expectation that the scheduled contractors will be able to successfully perform the required effort.

ATTACHMENT 001

HEALTH EXAMINATION AND IMMUNIZATIONS/SCREENING REQUIREMENT FORM

AFTER contract award, but prior to performing services, the contract worker shall have this form completed by a licensed medical practitioner.

All workers providing services under this contract must meet all the requirements specified under the “Required Documentation” column of this form.*

COPIES OF TITER LABORATORY RESULTS MUST BE ATTACHED TO THIS FORM

IMMUNIZATION/ SCREENING

REQUIRED DOCUMENTATION

DATES and RESULTS (to be completed by examining licensed practitioner)

VARICELLA

(CHICKENPOX)

2.

MEASLES/ MUMPS/

RUBELLA (MMR)

MMR live virus 2-dose vaccine series (only 1 dose required if born in or before 1957 or if history of childhood immunizations is reliable), OR Dates of Shots:

1.

2.

One Blood Assay for Mycobacterium Tuberculosis (BAMT), OR

An annual evaluation if known TST reactor, including chest x-ray within 1 year if new hire 2-Step TST dates: 1st test:

1st result: 2nd test: 2nd result:

BAMT date:

Result:

Date/result of last annual eval:

CXR Date: Pos: Neg:

Provider’s Signature: Provider’s Name:

Facility/Address:

Phone Number: Date:

ATTACHMENT 002

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

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

ACCESS TO FEDERAL FACILITIES

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

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510. 30, contractor employees who require access to DoN or DoD networks are categorized as IT- I, IT-II, or IT-III. The IT-II level, defined in detail in SECNAV M-5510.30, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e . g . system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall in-process with the Navy Command's Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-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 Contracting Officer, in writing, the name, title, address and phone number for the Contractor's Security Representative. The Contractor's Security Representative shall be the primary point of contact on any security matter. The Contractor's Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

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

SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product) Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission) Original Signed Release Statements

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

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the Navy Command's Security Manage r upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under t he contract . Employees requiring IT access shall also check- in and check-out with the Navy Command's Information Assurance Manager. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command's Security Manager at least 30 days prior to the individual's start date. Failure to provide the required documentation at least 30 days prior to the individual's start date shall result in delaying the individual's start date. The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/ security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination.

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

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

Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.

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

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

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

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

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

(End of Clause)