SF 1449 - N6883625QS013_Redacted.pdf
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- Attached to
- BRAND NAME: OPENTEXT FORTIFY SUBSCRIPTION Federal contract opportunity
- Solicitation number
- N6883625QS013
About this file
This is a Standard Form 1449 Solicitation/Contract for commercial products and services issued by the Naval Supply Systems Command (NAVSUP) for a Microfocus Fortify software subscription. The solicitation (N6883625QS013) is for two primary line items: (2) Fortify Scan Machine US Government Subscription Software ELTU for 1 year and (2) Fortify Content for Subscription at 4.5% for 1 year, with option years covering the periods 20 May 2025-19 May 2026 and 20 May 2026-19 May 2027. The total contract value is $47,000,000, and it is set aside as a 100% small business procurement with a product service code of 7J20.
Key submission details include quotes due by 13 May 2025 at 0600 EST, with submissions via email to Yaynel Yambo. Offerors must provide a signed SF 1449, pricing for all contract line items (CLINs), CAGE code/UEI, and point of contact information. The solicitation requires vendors to be authorized Microfocus resellers and submit technical capability demonstrating ability to provide the specified software subscriptions. Evaluation will consider technical capability, price, and past performance, with technical and past performance combined being weighted more heavily than price.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 2.04 AMEND01.pdf | ||
| 2.02a Brand Name_OpenText_redacted.pdf | ||
| 2.02a Attachment 1 - PPQ.pdf | ||
| 1.17 Brand Name Justification (redacted) posted.pdf |
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Section A - Solicitation/Contract Form
MICROFOCUS FORTIFY SOFTWARE SUBSCRIPTION
Product Service Code: 7J20
N6883625QS013
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Fortify Scan Machine US Govt Subscription SW ELTU- 1 Year
SB-AF406
Pricing Arrangement: Firm Fixed Price
2 Each
Fortify Content for Subscription - 4.5 1 Year
SB-AF149
Pricing Arrangement: Firm Fixed Price
2 Each
Option Line Item
Fortify Scan Machine US Govt Subscription SW ELTU- 1 Year
SB-AF406
Pricing Arrangement: Firm Fixed Price
2 Each
Option Line Item
Fortify Content for Subscription - 4.5 1 Year
SB-AF149
Pricing Arrangement: Firm Fixed Price
2 Each
Section C - Description/Specifications/Statement of Work
DESCRIPTION OF REQUIREMENTS
MicroFocus Fortify Static Code Analyzer Software Purchase
1.0 ABBREVIATION
ACOS Assistant Chief of Staff
ARO After Receipt of Order
CNATRA Chief of Naval Air Training
DADMS Department of the Navy Applications and Database Management System
HQ Headquarters
IS Information Systems
NAS Naval Air Station
NATRACOM Naval Air Training Command
2.0 INTRODUCTION
The mission of Naval Air Training Command (NATRACOM) is to train, mentor, and deliver the highest quality Naval Aviators who prevail in competition, crisis, and conflict.
Headquartered on board Naval Air Station (NAS) Corpus Christi, Texas, the Chief of Naval Air Training (CNATRA) leads the Naval Air Training Command (NATRACOM) composed of five Training Air Wings located on Naval Air Stations in Florida, Mississippi and Texas. The wings are home to 17 Training Squadrons.
The Assistant Chief of Staff (ACOS) for Information Systems (IS) and Chief Information Officer (CIO) serves as the Senior Technical Advisor to CNATRA and senior military/civilian staff at CNATRA Head Quarters and the Naval Air Training Command (NATRACOM) on the strategic use of IS supporting the NATRACOM training mission and Business Management Systems. Develops, maintains, and facilitates the implementation of a sound and integrated IS architecture for CNATRA Headquarters (HQ) and NATRACOM. Promotes the effective and efficient design and operation of all major information resources management processes, including improvements to work processes. Oversees the implementation of IS policy, plans, budget, and standards for IS performance and results. Manages the operation of all IS resources and assets and provides IS services.
Coordinates, develops, and implements CNATRA HQ and NATRACOM Cyber Security plans. Oversees and manages best practices of acquisition capital investments in information systems strategy, capital planning and holistic systems lifecycle management. This includes comprehensive IS portfolio management for development, budgeting, analyzing, tracking, and evaluating the risks and results of capital investment projected and actual costs.
3.0 REQUIREMENTS
MICROFOCUS FORTIFY STATIC CODE ANALYZER SOFTWARE
3.1 : Micro Focus Static Application Security Testing (SAST), Dynamic Application Security Testing (DAST) and Significant Characteristics - Security Center (and supporting software) suite of products provide capabilities for ensuring software is developed with minimal vulnerabilities as required for Risk Management Framework (RMF) compliance. Inability to meet compliance could result in a loss of our Authorization to Operate (ATO) and the ability of the system to remain operational.
This request is for the purchase of MicroFocus Fortify Static Code Analyzer Software in support of CNATRA's mission:
1. (2) Fortify Scan Machine US Govt Subscription SW ELTU- 1 Year
2. (2) Fortify Content for Subscription - 4.5% 1 Year
All hardware and software must operate in conjunction with existing hardware products and should be from the Microfocus to ensure compatibility with existing equipment.
4.0 DELIVERABLES
The objective of this action is to procure the items prescribed herein.
Items are needed by see schedule. Software will be downloaded and training will be online. There will be no need for the vendor to come to the CNATRA location.
5.0 DELIVERY LOCATION
5.1 Delivery Address:
See Schedule
Points of Contact:
5.2 SPECIAL DELIVERY INSTRUCTIONS
N/A.
5.3 INSPECTION REQUIREMENTS
N/A.
Requirements Fortify Scan Machine US Govt Subscription SW ELTU Fortify Content for Subscription
Section D - Packaging and Marking
Section E - Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX 78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
FRANK DELAFUENTE, Technical POC
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX 78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
Frank Delafuente, Technical POC
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX 78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
FRANK DELAFUENTE, Technical POC
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX 78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
Section F - Deliveries or Performance
Line Item Delivery Schedule Quantity Address and POC
Delivery Period From 20 May 2025 to 19 May
Period of Performance From 20 May 2025 To 19 May 2026
2 Each Place of Performance DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX
78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
FRANK DELAFUENTE, TECHNICAL POC
Period of Performance From 20 May 2025 To 19 May 2026
2 Each Place of Performance DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX
78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
Franke Delafuente, Tech POC
Option Line Item
Delivery Period From 20 May 2026 to 19 May
Period of Performance From 20 May 2026 To 19 May 2027
2 Each Place of Performance DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX
78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
FRANK DELAFUENTE, TECHNICAL POC
Delivery Required On 2 Each Place of Performance
Option Line Item
Delivery Date 20 May 2026
Period of Performance From 20 May 2026 To 19 May 2027
DoDAAC: N63110 CountryCode: USA
CHIEF OF NAVAL AIR TRAINING
250 LEXINGTON BLVD SUITE 102, CORPUS CHRISTI TX
78419-5041
CORPUS CHRISTI, TX 78419-5041
UNITED STATES
Frank Delafuente, TECH POC
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
COMBO
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC N50082
Issue By DoDAAC N68836
Admin DoDAAC N68836
Inspect By DoDAAC N63110 EXT N6
Ship To Code N63110 EXT N6
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC N63110 EXT N6
LPO DoDAAC N63110 EXT N6
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-23 Sustainable Products and Services. May 2024 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-18 Availability of Funds. Apr 1984 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
(DEVIATION 2024-O0013 REVISION 1)
May 2024 Deviation 2024-O0013 May 2024
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
Jun 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(Jan 2025)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
[ ] 52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(1) (Jun 2020), Alternate I (Nov 2021)
[ ] 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)
[ ] 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (Jun 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (Nov 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (Jun 2020)
[ ] [Reserved].(6)
[ ] 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)
[ ] 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)
[X] 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (Jun 2023)
[ ] 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and (10) Multi-Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
[ ] Alternate I of 52.204-30.(ii) (Dec 2023)
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( 2025) (31 U.S.C. 6101 note).Jan
[X] 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)
[ ] [Reserved].(14)
[ ] 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) Oct 2022
[ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] [Reserved](17)
[X] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
[ ] Alternate I of 52.219-6.(ii) (Mar 2020)
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
[ ] Alternate I of 52.219-7.(ii) (Mar 2020)
[X] 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(20) ( )Jan 2025
[ ] (21)
(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).( )Jan 2025
[ ] Alternate I of 52.219-9.(ii) (Nov 2016)
[ ] Alternate II of 52.219-9.(iii) (Nov 2016)
[ ] Alternate III of 52.219-9.(iv) (Jun 2020)
[ ] Alternate IV of 52.219-9.(v) ( )Jan 2025
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)
[ ] Alternate I of 52.219-13.(ii) (Mar 2020)
[ ] 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).(23) Oct 2022
[ ] 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)
[ ] 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible (25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024
[ ] (26)
(i) 52.219-28, Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).Postaward ( )Jan 2025
[ ] Alternate I of 52.219-28.(ii) (Mar 2020)
[ ] 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) Oct ) (15 U.S.C. 637(m)).2022
[ ] 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022
[ ] 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)
[ ] 52.219-33, Nonmanufacturer Rule (15 U.S.C. 637(a)(17)).(30) (Sep 2021)
[X] 52.222-3, Convict Labor (E.O.11755).(31) (Jun 2003)
[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O. 13126).(Jan 2025)
[X] 52.222-21, Prohibition of Segregated Facilities .(33) (Apr 2015)
[X](34)
(i) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)
[ ] Alternate I of 52.222-26.(ii) (Feb 1999)
[ ] (35)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
[ ] Alternate I of 52.222-35.(ii) (Jul 2014)
[X] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
[ ] Alternate I of 52.222-36.(ii) (Jul 2014)
[ ] 52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) Jun 2020
[ ] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)
[ ] Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)
[ ] (40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (Jan 2025) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)
[ ] 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(42) (May 2024) et seq.
[ ] 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(43) (May 2024) et seq.
[ ] 52.223-20, Aerosols (42 U.S.C. 7671, ).(44) (May 2024) et seq.
[ ] 52.223-21, Foams (42 U.S.C. 7671, ).(45) (May 2024) et seq.
[ ] 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. (46) (May 2024) 7671l).
[X] (47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
[ ] Alternate I of 52.224-3.(ii) (Jan 2017)
[ ] (48)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)
[ ] Alternate I of 52.225-1.(ii) (Oct 2022)
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] Alternate I [Reserved].(ii)
[ ] Alternate II of 52.225-3.(iii) (Jan 2025)
[ ] Alternate III of 52.225-3.(iv) (Feb 2024)
[ ] Alternate IV (Oct 2022) of 52.225-3.(v)
[ ] 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (NOV 2023) et seq
[ ] 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (Feb 2021) Assets Control of the Department of the Treasury).
[ ] 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
[ ] 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(54) (Nov 2007)
[X] 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(55) (May 2024)
[ ] 52.229-12, Tax on Certain Foreign Procurements .(56) (Feb 2021)
[ ] 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (57) (Nov 2021) 3805).
[ ] 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(58) (Nov 2021)
[X] 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(59) (Oct2018)
[ ] 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(60)
[ ] 52.232-36, Payment by Third Party (31 U.S.C. 3332).(61) (May 2014)
[ ] 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(62) (Aug 1996)
[ ] 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (63) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
[ ] 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(64) (Jan 2017)
[ ] (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)
[ ] Alternate I of 52.247-64.(ii) (Apr 2003)
[ ] Alternate II of 52.247-64.(iii) (Nov 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
[ ] 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)
[ ] 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)
[ ] 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).
[X] 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[X] 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).
[ ] 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)
[ ] 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
[ ] 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
[ ] 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(10) (Jan 2025) (g)).
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(Nov 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)
(B) Alternate I of 52.204-30.(Dec 2023)
(viii) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting ( )Jan 2025 opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)
(x) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(Jan 2025)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which 5 days the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit 10 days 60days unless a different number of days is inserted the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).30
(End of clause)
Additional Regulation or Supplemental Clauses Incorporated by Full Text
204-9400(4-22)
SUPTXT204-9400(4-22) CONTRACTOR UNCLASSIFIED ACCESS TO
FEDERALLY CONTROLLED FACILITIES, SENSITIVE INFORMATION,
INFORMATION TECHNOLOGY (IT) SYSTEMS OR PROTECTED HEALTH
INFORMATION
(Jan 2024)
The security text does not apply in cases where the contractor/vendor does not have access to or use NMCI computers, is not issued a CAC, and is involved in training or other short term duties of less than 30 days duration that allow for the use of a visitor request. In these cases, the government employee must submit a Visitor Access Request (VAR) to the main gate or applicable processing entity for your facility and assume responsibility to escort those without CAC Credentials.
This local text does not apply to non-United. States. Nationals (foreign nationals) who are contactor employees performing work overseas. This text is applicable to the U.S. Nationals living in the U.S. or overseas who are performing work on a Navy contract.
The investigation of a non-U.S. national at a foreign location must be consistent with a National Agency Check with Written Inquiries (NACI), to the extent possible, and include a fingerprint check against the Federal Bureau of Investigation (FBI) criminal history database, an FBI investigations file (name check) search, and a name check against the terrorist screening database. Also, the above cited reference notes that Foreign Nationals may not be granted CAC Credentials until completion of their investigation and not in the interim.
Per Department of Defense Memorandum (DODM) 5200.2, Department of Defense (DoD) Components must initiate and ensure completion of a background investigation before applying the credentialing standards to a non-U.S. national at a foreign location. The background investigation must be favorably adjudicated before a
CAC can be issued to a non-U.S. national at a foreign location. The type of background investigation may vary based on standing reciprocity treaties concerning identity assurance and information exchanges that exist between the U.S. and its allies or agency agreements with the host country.
Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information
Executive Order 13467, Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information, and Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The 5 CFR 32 Part 157 in concert with DoD Manual 1000.13, Vol 1, implements the Federal Standards.
APPLICABILITY
This text applies to all DoD sponsored individuals who require CAC eligibility (or login and P/W if acceptable per contract) for: Physical access to DoD facilities or non-DoD facilities on behalf of DoD; Logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication, or access to sensitive and protected information. This applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the DoD, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD Components").
Each contractor employee providing services at a Navy command under this contract is required to obtain a 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
Definition. As used in this clause - Military installation means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department, or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (see 10 U.S.C. 2801(c)(4)).
Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this local text will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Command's Security Manager (CSM) upon arrival to the Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.
Training. Contractor employees who require routine physical access to a Federally controlled facility or military installation shall complete "Level I Antiterrorism Awareness Training" prior to gaining access to a facility and annually thereafter in accordance with DoDI O-2000.16 Vol. 1. In accordance with Department of Defense Instruction O-2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I Antiterrorism Awareness Training shall be completed by:
1. Completion of "Level I Antiterrorism Awareness Training" available at https://jkodirect.jten.mil/pdf/atl1 /launch.html; or
2. Under the instruction of a qualified Level I Antiterrorism Awareness instructor; or
3. By providing a training certificate for "Level I Antiterrorism Awareness Training" training showing completion within the last calendar year.
The contractor will submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, prior to being granted access to a Federally controlled facility or military installation.
Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts, including subcontracts for commercial items, when subcontractor performance requires routine physical access to a Federally-controlled facility or military installation.
OPERATION SECURITY (OPSEC)
It is DoD policy according to DoD Directive 5205.02E, "DoD Operations Security (OPSEC) Program," June 20, 2012, as amended to establish and maintain OPSEC programs to ensure national security-related missions and functions are protected.
Training: Contractor employees shall comply with all DoD OPSEC requirements and complete "OPSEC Awareness for Military Members, DoD Employees and Contractor" training within 30 days of onboarding the contract and annual refresher training thereafter. Training shall be completed through a DoD sponsored and certified computer or web-based learning instruction available at https://securityawareness.usalearning.gov/opsec /index.htm.
The contractor will submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after training is completed by all employees and subcontractor personnel.
START-UP PERIOD
All contractor resource onboarding documents must be submitted via the prime contractor. The prime contractor shall make all necessary preparations to assume full responsibility for productive performance as of the performance start date.
Definition of "productive":
a. OF-306 signed by contractor employee
b. FD-258 Fingerprint Card (Contingent upon availability of electronic fingerprinting submission)
c. Completed Electronic Investigation (e-QIP)
d. All contractor employees with need for a Common Access Card (CAC) must have an active Defense Information System for Security (DISS) profile.
e. Common Access Card (CAC)
f. DISS Visit Request submitted (Contingent upon classification of work being performed, Confidential, Secret, Top Secret).
Note (1): Invoicing by the contractor will begin as of the commencement of the performance period of services, and no reimbursement will be paid by the Government for efforts expended during the start-up period.
Note (2): Foreign Nationals are not allowed access to the functional/system side of Enterprise Resource Planning (ERP).
ACCESS TO DOD INFORMATION TECHNOLOGY (IT) SYSTEMS
In accordance with DON CIO Memorandum (IT LEVEL DESIGNATION ON DD FORM 2875 SYSTEM AUTHORIZATION ACCESS REQUEST) 08 September 2020, contractor employees who require access to Department of the Navy (DoN) or DoD networks are categorized as Privileged, Enhanced, or Authorized users.
All user level accesses may include positions which require access to Controlled Unclassified Information (CUI). CUI includes sensitive information protected under the Privacy Act, to include Protected Health Information (PHI). IT System levels are determined by the requiring activity's Command Information System Security Manager (ISSM)/Information Assurance Manager (IAM).
Contractor employees requiring privileged access, (when specified by the terms of the contract) require a Tier 5 (T5) or T5R equivalent investigation, which is a higher level investigation than the Tier 3 (T3) and T3R described below. Due to the privileged system access, an investigation suitable for High Risk national security positions is required. Individuals who have access to system control, monitoring, or administration functions (e.
g. system administrator, database administrator) require training and certification to Information Assurance (IA) Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.
Contractors requiring Enhanced access, (when specified by the terms of the contract) require a T3, T3R, or equivalent investigation, which is a higher level investigation than the Tier 1 (T1) described below. Due to the enhanced system access, an investigation suitable for Moderate Risk national security positions is required.
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 CSM and ISSM/IAM manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The decision to authorize access to a government IT system /network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N;
therefore, the government employee with knowledge of the system/network access required or the Contracting Officer's Representative (COR) shall sign the SAAR-N as the "supervisor".
The SAAR-N shall be forwarded to the CSM upon contractor employee acquiring a Common Access Card (CAC) credential. Failure to obtain a CAC credential 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 contractor employees requiring access complete annual Cyber Awareness training, and maintain a current requisite background investigation. The Contractor's Security Representative shall contact the CSM for guidance when reinvestigations are required.
INTERIM ACCESS
The Command's Security Manager may authorize issuance of a DoD CAC and interim access to a DoN or DoD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.
DENIAL OR TERMINATION OF ACCESS
The potential consequences of any requirement under this local text 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 local text 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.
ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION
Safeguarding sensitive unclassified information is critical to achieve NAVSUP Modernization efforts and deliver cutting-edge and uncompromised capabilities. The Secretary of Defense's operations security (OPSEC) campaign plan stresses the importance of protecting controlled unclassified information (CUI). CUI encompasses OPSEC, critical technology, intelligence, and personally identifiable information that, if not properly identified, marked, and controlled, could impair NAVSUP's ability to conduct its mission. Contractor employees with access to Controlled Unclassified Information (CUI) shall comply with DoDI 5200.48 - Controlled Unclassified Information (CUI) and complete DoD approved initial and annual refresher CUI training.
a. Whenever Government provides CUI to, or CUI is generated by, non-DoD entities, all CUI records must be handled as required by the approved mandatory disposition authority.
b. All CUI records must follow the approved mandatory disposition authority whenever the Government provides CUI to, or CUI is generated by, non-DoD entities in accordance with Section 1220-1236 of Title 36, CFR, Section 3301a of Title 44, U.S.C., and the DoDI 5200.48.
c. Contractor employees shall monitor CUI aggregation and compilation based on the potential to generate classified information pursuant to security classification guidance addressing the accumulation of unclassified data or information
d. Contractor employees shall submit unclassified government information for review and approval for release in accordance with the Standard DoD Component Processes, DoDI 5230.09, and DoDM 5205.07, Volume 1
CONTRACTOR'S SECURITY REPRESENTATIVE
The contractor shall designate an employee to serve as the Contractor's Security Representative. Within three
(3) 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 CSM.
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…
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