Peformance Work Statement RFI.pdf

NAVSUP Equal Employment Opportunity (EEO) Office Reasonable Accommodation Support Services

1.0 Introduction:

Naval Supply Systems Command (NAVSUP) Equal Employment Opportunity (EEO) office requires contractor services to provide professional medical analysis in relationship to Reasonable Accommodations (RA) and assistance with the NAVSUP RA program to allow people with disabilities to participate in the job application process, perform the essential functions of a position, or enjoy equal benefits and privileges of employment as are enjoyed by similarly situated individuals without a disability.

2.0 Background:

NAVSUP EEO office mission is to establish and maintain a Model Equal Employment Opportunity Program for all the Naval Supply Systems Command (NAVSUP) and Echelon Components that will comply with and enforce equal employment opportunity (EEO) laws, regulations, and Executive Orders that are applicable to Federal employment within the Department of Navy (DON). It is the DON’s policy to provide RA to qualified employees and applicants with disabilities, unless to do so would cause an undue hardship. All DON military and civilian supervisors must make every effort to provide RA to qualified employees and applicants with disabilities and are charged with facilitating the RA process.

2.1 Requiring Organization:

The organization requiring the services outlined in the Performance Work Statement (PWS) is:

NAVSUP EEO Office Code EEO 5450 Carlisle Pike Suite 309 Mechanicsburg, PA 17050

2.2 Project Description:

The purpose of this performance work statement is to provide NAVSUP EEO with professional medical guidance in relationship to Reasonable Accommodations and assisting with providing people with disabilities accommodations to help them in the workplace. NAVSUP EEO requires support services to provide independent medical guidance and medical opinion on NAVSUP Enterprise Employees requesting Reasonable Accommodations.

3.0 Scope:

This PWS defines the deliverable(s) NAVSUP EEO requires for each independent review of a NAVSUP RA request.

Medical documentation review - documents provided by NAVSUP to the medical professional for second opinion with access to electronic Health Records.

4.0 Directives:

The contractor shall comply with the following directives, and any updated/future versions as they are released:

DoD Directive 5400.11, DoD Privacy Program, 29 October 2014

DoN Program Manual for Reasonable Accommodation, March 2022 Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §791 Americans with disabilities Act of 1990, 42 U.S.C §12111 et seq.

Americans with disabilities Act of 2008, 42 U.S.C §12101 et seq.

E.O. 13164 29 CFR Part 1630

29 CFR §1614.203

EEOC Management Directive 715 (MD-715)

SECNAVINST 12713.14

5.0 Specific Requirements/Tasks:

Per DFARS 211.106, contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

5.1 Medical Review

The contractor shall review each Reasonable Accommodation request submitted by the NAVSUP EEO office and provide the report(s) listed in Section 6.0 Deliverables.

The contractor shall review all NAVSUP provided documents and provide a non-biased neutral and independent opinion decision relaying on their medical knowledge and experience.

Documentation requirements shall include:

5.2 In-person Consultation

Contractor shall provide an in person medical professional qualified to assess a NAVSUP Enterprise Employee with their Reasonable Accommodation claim.

Contractor shall provide an in-person consultation within 10 business days of request.

Consultation report shall provide an analysis of the RA request, the Position Description of the employee, and the results of the Questions for Health Care Professional attachment provided.

5.3 Court Hearing Assistance

Contractor shall provide a medical professional to assist with court or hearing procedures and assist NAVSUP on claims of discrimination based on disability.

Contractor personnel may be required to provide testimony that may be at a hearing (in person and/or virtual).

Contractor personnel may be required to respond to interrogatory discovery) requests, and/or depositions.

Contractor will be provided 30 calendar days’ notice to attend a court or hearing to assist

NAVSUP EEO.

6.0 Deliverables:

All deliverables must meet the format requirements specified by the Government representative.

Documentation related to these services shall be made available electronically. All deliverables must be completed on time unless the Government is responsible for the delay or has given permission to delay and/or change delivery dates. Deliverables include: Questions for Health care provider, Review of employees position description along with essential functions.

Deliverable Format Due

5.1 Medical Report

Electronic using MS Office or Adobe PDF

3 business days after submission of RA Questions for Health Care provider review.

5.Consultation Report Electronic using MS Office or Adobe PDF

3 business days after conclusion of consultation.

5.3 Court Hearing Support

Electronic using MS Office or Adobe PDF Possible in person appearanace – JTR regulations apply

3 business days after receipt of request.

6.1 Meeting with the NAVSUP EEO Disability Program Manager and the NAVSUP EEO Reasonable Accommodations Manager

The contractor shall meet with the EEO office representative to review the progress. Frequency of this meeting shall be at least monthly.

6.2 Monthly Travel Reports

Monthly (if applicable) Travel Reports. Travel reports shall be sent electronically to the TA and COR. Travel reports shall include: destination, dates of travel, subjects discussed, and any issues/problems encountered and recommended solutions.

7.0 Period of Performance:

Work shall be performed from the Date of Award (DOA) for 12 months with four (4) one (1) year option periods.

8.0 Place of Performance:

NAVSUP EEO office in Mechanicsburg PA is the primary site for contractor resources. For some services, the contractor work may be performed remotely at the contractor facility or at authorized travel locations with prior approval of the TA and COR.

9.0 Travel:

The contractor may be required to travel to, Philadelphia, PA, Norfolk, VA, Washington, DC, San Diego, CA, Albany, GA and various work sites within DoD/DoN to meet with functional experts in support of this effort.

Overseas travel may be authorized to Department of Navy activity sites. Travel shall be in accordance with FAR 31.205-46 of the Federal Travel Regulation (FTR) and Volume 2 Appendix A of the Joint Travel Regulation (JTR) for the outlying United States. All travel must be pre-approved in writing by the TA and COR prior to the actual travel and all travel must be funded in the contract prior to any travel expenses being incurred. Travel 12 hours or less, per diem does not apply.

If travel, domestic or overseas, is required, the contractor is responsible for making all needed arrangements for his/her personnel.

9.1 Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of this PWS and determined to be in accordance with FAR subpart 31.2, subject to the following provisions:

Travel required for tasks assigned under this contract shall be governed in accordance with rules set forth for temporary duty travel in FAR 31.205-46.

9.2 Travel other. Travel, subsistence, and associated labor charges for travel time are authorized whenever a task assignment requires work to be accomplished at a temporary alternate worksite.

Travel performed for personal convenience will not be reimbursed.

10.0 Government Furnished Equipment:

The government will provide no equipment to the contractor other than a conference room if needed to conduct meetings or other face-to face tasks.

11.0 Qualifications/Experience:

The contractor personnel must be qualified to assess Reasonable accommodations for the specific emotional/mental/physical disability specified in the RA.

12.0 Security:

The security text does not apply in cases where the contractor/vendor does not have access to Navy Marine Corps Intranet (NMCI) computers, is not issued a Common Access Card (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 (U.S.) 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, IT SYSTEMS OR PROTECTED HEALTH INFORMATION

Executive Order 13467, Reforming Processes Related to Suitability for Government Employee, Fitness for Contractor Employees and Eligibility for Access to Classified National Security Information, 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 clause 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) SYSTEM

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 IT 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 Officers 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 CSM 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 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.

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) workdays 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 protective measures are applied. If the Security Office validates the contractor’s position is Non-Critical Sensitive or if the IT system user level is determined to be Enhanced, at a minimum, each contractor employee must be a US citizen and have a favorably completed T3, T3R, or equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or Enhanced position. The investigation consists of a standard National Agency Check and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or Enhanced position is required to complete:

• SF-86 Questionnaire for National Security Positions (or equivalent Office of Personnel Management (OPM) investigative product)

• Two FD-258 Applicant Fingerprint Cards or electronic fingerprint submission (preferred))

• Original Signed Release Statements

Failure to provide the required documentation at least thirty (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 ten (10) five (5) years) throughout the contract performance period. The Contractor’s Security Representative shall contact the CSM for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the 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. Employees requiring IT access shall also check-in and check-out with the Navy Command’s ISSM/IAM. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy IT resources. The SAAR-N shall be forwarded to the CSM upon the contractor employee acquiring a Common Access Card (CAC) credential. Failure to obtain a CAC credential or provide the required documentation 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 Cyber Awareness training and maintain a current requisite background investigation.

Contractor employees shall accurately complete the required investigative forms prior to submission to the CSM. The CSM will review the submitted documentation for completeness prior to submitting it to the OPM. Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination 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 CSM will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

For classified contracts, if the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Access Request (VAR) via the Defense Information Security System (DISS). If the contractor employee does not have a current favorably adjudicated investigation, the contractor shall submit the Visit Access Request in DISS until the contractor employee has at a minimum an interim clearance. If the contract only requires access to unclassified information, even if the contractor takes a DISS “owning” role over the contractor employee, the Navy Command will also take a DISS “owning” role over the contractor employee during the hiring process and for the duration of assignment under that contract. If the contract requires access to classified information, the contractor’s Facility Security Office (FSO) will take a DISS “ownership” role, and the Navy command will take a DISS “servicing” role during the hiring process and the duration of assignment under that contract. All VARs 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 U.S. citizen or a U.S. permanent resident with a minimum of 3 years of legal residency in the U.S. (as required by the Deputy Secretary of Defense DTM 08-006 or its subsequent DoD Instruction (INST)) and Must have a favorably completed NACI or T1 investigation or equivalent including FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the CSR must submit for all employees each of the following:

SF-85 Questionnaire for Non-Sensitive Positions Two FD-258 Applicant Fingerprint Cards (or the preferred method - electronic fingerprint submission) Original Signed Release Statements The contractor shall ensure each individual employee has a current favorably completed NACI or T1 equivalent investigation or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM.

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

13.0 Clauses:

Privacy Act

During performance of this order, the contractor may have access to Privacy Act data. Should this occur, the contractor shall safeguard all privacy information, and ensure this data is accessed and maintained in accordance with applicable laws and regulations. If access occurs, FAR 52.224-1 and 52.224-2 apply.

Indemnification and Medical Liability Insurance In accordance with FAR 52.237-3, it is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor.