N68908-17-Q-0066.pdf

SEE ADDENDUM

(No Collect Calls)

N6890817Q0066 25-Aug-2017

b. TELEPHONE NUMBER

757-953-9106

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 06 Sep 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N689089. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHARLES F. HARTLEY IV

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N0020318RCHW002

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVY MEDICINE EAST

ATTN: CHARLES HARTLEY

SUITE 1400

620 JOHN PAUL JONES CIRCLE

PORTSMOUTH VA 23708-2106

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00203 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL HOSPITAL PENSACOLA

RECIEVING OFFICER

6000 HIGHWAY 98 WEST

PENSACOLA FL 32512-0003

TEL: DSN 534-6014 FAX: 850-505-6340

FAX:

TEL: 757-753-8147

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562112

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF15

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6890817Q0066

Section SF 1449 - CONTINUATION SHEET

SOLICITATION INFORMATION

Vendor Must Complete the Following

Tax ID:______________ CAGE:______________DUNS:______________________

Vendor Point of Contact:

POC: Sales Rep:

Vendor Phone:

Vendor E-mail:

Billing/Payment in the arrears

Naval Medical Center Contracting:

POC: Chas Hartley

Phone: 757-953-9106

Email: mailto:Sherri.D.Roche.civ@mail.mil charles.f.hartley.civ@mail.mil

Vendor to reference solicitation number (PO #) N6890817Q0066 on all inquiries including invoices and shipping documents.

Product/Services for:

Naval Hospital Pensacola

6000 HWY 98 West

BLDG 2268 Code 41B

Pensacola, FL 32512-0003

Note: Vendor will be required to provide billing electronically via the WAWF Electronic

Invoicing Method. For additional information, a review of the following web sites may be required: https://wawf.eb.mil http://wawftraining Email: wawf@med.navy.mil

PROMPT PAYMENT

For Prompt Payment Act Purposes, this contract is:

Subject to the 7-calender day constructive acceptance period.

All responsive, responsible sources may submit a quotation if received in accordance with the

Federal Acquisition Regulations and this notice and will be considered by the government. The

Government reserves the right to award the contract based on an “all or nothing basis.”

The government reserves the right to award a contact based on the Lowest Price Technically

Acceptable.

“AVAILABILITY OF FUNDS” Pursuant to Section I, Availability of Funds (FAR 52.232-18), of the contract, funds are not presently available for this contract. The Government’s obligation under this contract is contingent mailto:Sherri.D.Roche.civ@mail.mil https://wawf.eb.mil/ http://wawftraining/ mailto:wawf@med.navy.mil upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting

Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing to the Contacting Officer.

STATEMENT OF WORK

Medical Waste

1. GENERAL: The contractor shall furnish all labor, equipment, sanitized, disinfected and labeled containers, supplies, materials, transportation and supervision required to provide pick up, transport, sterilization, and disposal or incineration of regulated medical, biomedical, infectious, veterinary, chemotherapy, biological/pathological, compatible RX and contaminated wastes from:

Naval Hospital Pensacola, 6000 West Highway 98, Pensacola, FL, 32512;

Naval Branch Health Clinic Naval Air Station Pensacola, Bldg 3600, 450 Turner St, Pensacola, FL, 32508;

Naval Branch Health Clinic Naval Air Technical Training Center Pensacola, 760 East Ave, Bldg

3911, Pensacola, FL, 32508;

Naval Branch Health Clinic Naval Air Station Whiting Field, 7119 Langley St, Bldg 2985, Milton, FL 32570; and, U. S. Army Veterinary Clinic, onboard Center for Information Dominance (CID Corry Station), Bldg 535, 6th St, Pensacola, FL, 32511, in accordance with the terms and conditions stated herein.

1.1. The contractor shall pick up, transport and treat and or dispose of all biomedical, pathological, RX (dual/mixed) chemotherapy, and any additional waste picked up from Naval

Hospital Pensacola (NHP), Naval Branch Health Clinic (NBHC) Naval Air Station Pensacola

(NASP), NBHC Naval Air Technical Training Center (NATTC), NBHC Naval Air Station

Whiting Field (NASWF), and the U.S. Army Veterinary Clinic (CID Corry Station) in accordance with all applicable City, County, State and Federal (Environmental Protection

Agency EPA, Department of Transportation) laws, policies, guidelines and Naval Hospital

Pensacola infectious medical waste requirements. The contractor shall also have an assigned

U.S. EPA authorization and identification number, necessary Department of Transportation permits and insurance prior to transport and or disposal of subject waste. If contractor requires additional information, they may contact the U.S. EPA regional office.

1.1.1. The contractor shall pick up medical and compatible RX waste from NHP and NASP, NATTC, and NASWF NBHCs at least once per week and from U.S. Army Veterinary Clinic at least once per month, between 7:30 AM and 4:00 PM on a day not designated as a federal holiday. This frequency is subject to change dependent upon the number of patients and volume of waste produced. The contractor shall perform additional pick up service within 24 hours of request without additional charge; normal cost for pick up applies.

1.1.2. The contractor shall be certified and licensed in the handling of medical waste and the government reserves the right to verify those certificates and licenses. The contractor shall follow all federal hazardous waste regulations (40 CFR 260-272), DOT regulations (49 CFR

171-178), and State regulations.

1.2. SUPPLIES: Supplies provided by the contractor to the Government include corrugated boxes (30 gallon capacity); three mil red plastic bags with biohazard symbol; packing tape;

manifest; manifest tracking labels; biohazard labels; 55 or 96 gallon wheeled “Brute” containers as necessary; and any additional supplies necessary to carry out the requirements of this

Statement of Work. Color-coded supplies and training aids shall be utilized in accordance with industry best practices.

1.2.1. Containers shall be in good condition, have tight fitting lids, be durable, rigid, puncture resistant, leak proof and labeled, color-coded, and clearly marked for its intended purpose.

Inspection for leaks, corrosion, and biohazard or other required label application shall be performed routinely by the contractor prior to furnishing or returning containers to the

Government. The contractor shall properly cleanse the containers prior to distribution and return with a hospital grade disinfectant and each container shall be foul-odor free. The contractor is not responsible for providing sharps containers; these are purchased and stocked by the Government.

1.2.2. Contractor shall provide right-sized supplies for satellite accumulation areas at the locations of waste generation.

1.2.3. Government personnel will distribute the supplies throughout the facility. Medical waste will be packaged by Government personnel and transported to the designated pick-up area. The contractor shall provide consultative services and training for proper packaging of waste for transport.

1.3. DISPOSAL AND SANITATION REQUIREMENTS: Contractor shall employ the proper methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods in accordance with EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The contractor shall adhere to all federal and state laws as they pertain to medical waste and its disposal and only act within those regulations.

1.3.1. The contractor shall take custody/title to medical waste loaded on board contractor’s vehicle; provide indemnification; and hold U.S. Government harmless from loss, damages, suits, penalties, costs, liabilities, and expenses (including but not limited to legal and investigative expenses) arising out of any claim for loss or damage to property, including Government property and injuries or death to NHP; NASP, NATTC, and NASWF NBHCs; and, U.S. Army

Veterinary Clinic employees caused by or resulting from contractor’s negligence, willful misconduct or breach of contract.

1.3.2 The contractor shall maintain adequate amounts of liability coverage for all aspects of service and handle medical waste in properly licensed vehicles. All vehicles used in the transportation of medical waste from NHP; NASP, NATTC, NASWF NBHCs; and U.S. Army

Veterinary Clinic shall have all necessary Federal and State licenses applicable to each state jurisdiction. The contractor shall provide a copy of the permits and licenses applicable to operating an incinerator. All drivers shall meet training requirements of the Department of

Transportation for Emergency Spill Response.

1.3.3. A tour of contractor facilities shall be permitted upon request by the COR if deemed necessary for regulatory purposes.

1.4. DOCUMENTATION: The Contractor shall handle, package, label, placard, and dispose of any compatible RX waste from all Naval Hospital Pensacola's Satellite Accumulation Areas

(SAA) . The Contractor shall use 49 CFR 172.101 to identify proper shipping names for each hazardous material to be shipped off site. Proper shipping names shall be submitted to the COR or his/her authorized contracting officer in the form of draft shipping documents, for review and approval prior to shipment. A manifest shall be used to track the waste from the point of generation to the designated disposal location. Once the material has reached the disposal facility, a copy of the manifest and certificate shall be provided to the COR, confirming that the material has been properly handled and disposed of. The contractor shall provide a manifest for each pick-up, certifying the number of containers and types of waste picked up, removed and transported from NHP; NASP, NATTC, NASWF NBHCs; and U. S. Army Veterinary Clinic and, upon destruction of the waste, shall provide appropriate copies of the manifest form to indicate date, place and manner of destruction and/or disposal. NHP; NASP, NATTC, NASWF

NBHCs; U.S. Army Veterinary Clinic will keep its copy on file in accordance with standard operating procedures.

1.4.1. MONTHLY REPORT: The contractor shall also provide, in accordance with applicable regulation, a detailed activity statement which shows in columnar form information including, but not limited to, the service date, container/tub number, weight (in pounds), pick-up location and other relevant data. This tracking document shall be provided to the COR on a monthly basis along with invoices.

1.4.2. WEIGHT SYSTEM: The contractor shall provide a certifiable weighing system to enable proper billing for “tare weight” waste poundage disposed, i.e., if the disposal container weighs

10 pounds and the contractor is to dispose of 10 containers, each container shall be weighed and container total weight is subtracted from the gross container weight to determine the total waste poundage to be recorded.

1.5. CONSULTATION AND TRAINING

1.5.1. The contractor shall provide consultative services to determine the location, type and number of containers needed for each department or unit for satellite accumulation at the point of waste generation.

1.5.2. The contractor shall provide training once per year or as needed on regulated medical and hazardous wastes in compliance with federal (to include but not limited to Department of

Transportation) and state regulations. Updates on regulations and requirements for packing, manifesting, handling of medical wastes as related to the contract shall be provided by the contractor as necessary.

1.6. CONTINGENCY PLAN: The contractor shall submit a Contingency Plan, and a description of what such a plan will be, with his technical proposal. The contractor also has the responsibility of notifying the COR if at any time the plan is changed. The contractor shall notify the COR of any event that jeopardizes performance under this contract. The plan shall include contingency operations for:

1.6.1. Increased Requirements: In the event that services are required beyond the contractor’s capability, the contractor shall advise the COR of the capability and additional volume which the contractor can obtain. Additional services that extend beyond the normal contract purview may be subject to a claim by the contractor for the additional cost incurred as agreed upon by the

COR.

1.6.2. Labor Disputes: In the event of a labor dispute, the contractor’s responsibility to provide the service will not be terminated. The contractor shall provide the COR his strike or other employee job action contingency plan to continue performance of service without interruption or degradation in the quality of service. In the event of a strike or other labor dispute interference with timely contract performance, the contractor shall immediately notify the COR and initiate action under the contingency plan.

1.6.3. Disaster: In the event of a disaster, to include but not limited to destruction of the facility, sabotage, or an act of God or nature that renders the contractor’s facility unsafe, the contractor shall determine a feasible alternative method of providing services and make recommendation to the COR.

Item Description Estimated

Monthly QTY

Unit Frequency of Pick-Up

1 Regulated Medical Waste at NHP 10,000 Pounds Once per Week

2 Chemotherapy Waste at NHP 4 containers 4.4 cu ft boxes

Once per Week

3 Biological/Pathological/ Veterinary for

Incineration

4 containers 4.4 cu ft boxes

Once per Week @ NHP

4 Regulated Medical Waste at NASP, NATTC, and NASWF NBHCs and

NTTC Vet Clinic

20 containers 4.4 cu ft boxes

Once per Week at each

NBHC. Once per Month at

NTTC Vet Clinic

5 Compatible RX Waste 30 containers 12

Gallon

Once per Week at NHP and each NBHC. Once per

2. WASTE E ESTIMATES:

3. PERIOD OF PERFORMANCE

Base Year: 1 October 2017 to 30 September 2018

4. FEDERAL HOLIDAYS:

The following legal holidays are observed:

January 1st

3rd Monday of January

3rd Monday of February

Last Monday of May

July 4th

1st Monday of September

2nd Monday of October

November 11th

4th Thursday of November

December 25 th

When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by

US Government agencies.

4.1. NORMAL DUTY HOURS: The normal duty hours for Government personnel are 7:30 AM to 4:00 PM, Monday through Friday excluding Federal Holidays. All other hours are considered after duty hours, including weekends and Federal Holidays

5. SAFETY REQUIREMENTS: The contractor shall exercise safety precautions as deemed necessary by the COR or his/her designee during the performance of the contract in order to protect the lives and health of patients and employees. The COR will notify the contractor of any noncompliance with the foregoing provisions and advise the contractor of the action to be taken.

After receipt of such notice, the contractor shall immediately initiate corrective action. If the contractor fails or refuses to comply promptly, the COR will notify the Contracting Officer who can issue a Stop-Work order for all or any part of the work and hold the contractor in default.

6. PERFORMANCE OBJECT AND THRESHOLD: The contractor service requirements are summarized into the following performance objectives, in order to ensure services are performed in a satisfactory manner at all times. The performance threshold briefly describes the minimum bins Month at NTTC Vet Clinic acceptable levels of service required for each requirement. These thresholds are critical to this service.

PERFORMANCE OBJECTIVE

PERFORMANCE THRESHOLD

Waste pick up and supply delivery are accomplished in accordance with the Statement of Work.

Incidence of 1 skipped scheduled service day in a week or greater than 24 hr response time for additional pick up, shall result in a 10% deduction for initial and 5% deduction for each additional incident for that month’s payment.

The contractor shall treat and/or dispose of biomedical waste in accordance with State and

Federal (U.S. EPA) guidelines.

One single incident of waste disposed of in a manner so as to violate the Statement of Work shall result in a 25% deduction for that month’s payment for each incident.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Years Medical Waste Pick Up and Disposal

FFP

FOB: Destination

MILSTRIP: N0020318RCHW002

PURCHASE REQUEST NUMBER: N0020318RCHW002

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2017 TO

30-SEP-2018

N/A NAVAL HOSPITAL PENSACOLA

RECIEVING OFFICER

6000 HIGHWAY 98 WEST

PENSACOLA FL 32512-0003

DSN 534-6014

FOB: Destination

N00203

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under and Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-3 Offeror Representations and Certifications--Commercial

Items

JAN 2017

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation

2013-O0019)

JAN 2017

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clause http://farsite.hill.af.mil/

DFARS Clauses http://farsite.hill.af.mil/vfdfara.htm

(End of clause)

5252.204-9400

CONTRACTOR ACCESS

SUP 5252.204-9400 Contractor Unclassified Access to Federally Controlled Facilities, Sensitive

Information, Information Technology (IT) Systems or Protected Health Information (July 2013) http://farsite.hill.af.mil/ http://farsite.hill.af.mil/vfdfara.htm

Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy

Secretary of Defense Directive-Type Memorandum (DTM) 08-006 - "DoD Implementation of

Homeland Security Presidential Directive - 12 (HSPD-12)" dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY

This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoN or DoD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by

DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance.

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

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federally controlled base, facility or activity under this clause will require a DoD CAC. When access to a base, facility or activity is required contractor employees shall in-process with the Navy

Command's Security Manager upon arrival to the Navy Command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

ACCESS TO DOD IT SYSTEMS

In accordance with SECNAV M-5510.30, contractor employees who require access to DoN or

DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, defined in detail in

SECNAV M-5510.30, includes positions which require access to information protected under the

Privacy Act, to include Protected Health Information (PHI). All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity's Command Information

Assurance Manager. Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit

(NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain.

Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee's duties, such employees shall 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 Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Employees requiring IT access shall also check-in and check-out with the Navy

Command's Information Assurance Manager. Completion and approval of a System

Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing

Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy

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

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the Navy Command Security Manager. The Navy

Command's Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy may render the contractor employee ineligible for the assignment. An unfavorable determination made by the Navy is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The Navy Command's Security Manager will forward the required forms to

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

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel

Adjudication System (JPAS) or a hard copy VAR directly from the contractor's Security

Representative. Although the contractor will take JPAS "Owning" role over the contractor employee, the Navy Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee's performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL

PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-SENSITIVE

DUTIES

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

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

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

To be considered for a favorable trustworthiness determination, the Contractor's Security

Representative must submit for all employees each of the following:

* SF-85 Questionnaire for Non-Sensitive Positions

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

* Original Signed Release Statements

The contractor shall ensure each individual employee has a current favorably completed National

Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

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

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

States.