Programming and POM Support-recompete PWS - updated PWS DB.docx
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- Attached to
- N8 Programming and POM Support 8(a)
- Solicitation number
- N0018921QZ301
About this file
This sources sought notice seeks information from 8(a) small businesses capable of providing programming and Program Objective Memorandum (POM) support services to the Office of the Chief of Naval Operations (OPNAV) Integration of Capabilities and Resources Department (N8). Interested parties must have a DCAA-approved accounting system and demonstrate relevant experience through past performance examples. The incumbent contractor provides these services under a firm-fixed-price contract ending in September 2021. The follow-on requirement will be solicited as an 8(a) sole-source contract for a one-year base period of performance at the Government site with authorized telework. The notice requests capability statements and past performance by July 23, 2021 to identify potential sources for the requirement, which involves tasks like analysis, brief development, and database support to inform the Navy's budget planning process.
The attached performance work statement provides more details on the required tasks, including governance support, analytical assistance, database administration, and program management responsibilities for the OPNAV N80 division's annual POM cycle. Labor categories, security requirements, and an estimated funding level are also included for planning purposes.
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Programming and POM Support N8
1. BACKGROUND
The OPNAV Integration of Capabilities and Resources Department (N8) is responsible for exercising centralized supervision of Navy warfare requirements and the allocation of resources, program planning, and study efforts that support the Department of the Navy (DON)’s Planning, Programming, Budgeting and Execution (PPBE) process. N8’s Programming Division (N80) is responsible for developing and submitting the DON’s long range financial plan (Program Objective Memorandum- POM). N80 has two branches (N801 and N804) specifically assigned responsibility of developing the POM. Additionally, N80 developed a new branch, the POM Executive Secretariat, as an integrator and manager over the day to day taskers and processes. The N804 organization is the N8 branch designed to liaise directly with the Navy Resource Sponsors (RS). The analysts in the N804 organization are embedded in RS staffs to provide POM support across PPBE cycles. In some cases, Major DoD Headquarters Activities (MHA) reductions to government staffs have required the support of contractors to assist in the management of tasks required to support both offices.
2. OBJECTIVE:
The objective of this requirement is to provide analyst support to enable N8 to leverage its organizational resources, improve the organization’s ability to deliver consistently high-quality analysis, enable comprehensive and continuous process improvements, and develop a Program Objective Memorandum in support of the PPBE process. The contractor will directly support OPNAV N80’s annual POM cycle to ensure the proper resources are programmed for the FYDP for the Navy and Marine Corps team.
3. SCOPE
The scope of this contract includes analysis and presentation of data derived from research directly related to the development of programming priorities. The scope of this effort includes support for existing processes and in the development of process improvements.
4. TASKS
The Contractor shall provide the necessary timely support to meet emergent requirements as requested by the program manager, technical point of contact, or other properly designated authority. The Contractor shall provide the following tasks:
4.1. Process Implementation
Supports the creation of both the structure and practices to guide the program and provide senior-level leadership, oversight, and control, supporting each phase of the PPBE process. The Contractor shall assist in incorporating Navy guidance in the development of each document, focusing on stated priorities and long-term goals.
4.1.1. Assist in conducting detailed analysis to identify programming priorities.
4.1.2. Support in the development of detailed programming briefs in the approved formats.
4.1.3. Provide recommendations for future programming actions.
4.1.4. Use leadership guidance and apply to priority programs as directed.
4.1.5. Participate in PPBE process meetings and discussions.
4.2. Supporting the governance and execution of the POM Process.
The Contractor shall participate in the implementation and dissemination of the various POM governance and execution support activities (i.e.-Serials/Agendas/Milestones/etc.). Specific support tasks are listed below:
4.2.1. At the Government location, assess management execution and performance and participate in discussions and working groups to improve processes.
4.2.2. Assist N8/N80 leadership with executing POM governance and execution support efforts at the Government location. Specific elements of this task are listed below.
4.2.2.1. Liaise among N8/N80, N4, and N9 staff affected by POM governance and execution as required.
4.2.2.2. Monitor efficiency and effectiveness of POM support activities.
4.2.2.3. Identify challenges associated with POM support activities and participate in meetings and working groups to improve.
4.2.3. Assist N80 leadership in the development of the communication strategy, key messages, and briefing materials used by Navy senior leaders for the purpose of making critical decisions on Navy’s future investment strategy at the Government location. Specific elements are listed below:
4.2.3.1. Assist in the development of briefing documents to facilitate leadership discussion on core programming topics.
4.2.3.2. The Contractor shall assist in conducting budget analyses in support of emergent tasking, and assist in developing graphs and charts that present information in a format appropriate for senior decision makers.
4.2.3.3. Provide PPBE data entry, manipulation, and analysis of data contained in the Program Budge Information System (PBIS). The contractor should provide reports of data as necessary.
4.2.3.4. Plan and conduct meetings with key POM participants to ensure collaborative communication throughout the process as directed.
4.2.3.5. Document meeting minutes for Program Review Boards (PRBs) and Corporate Boards to ensure transparency and collaboration in the POM process. The contractor should provide a tracking mechanism for action items and track timelines for publishing minutes.
4.2.4. Provide knowledge management support to N80 leadership at the Government location. Specific elements are listed below:
4.2.4.1. Develop and manage portals, shared storage locations and document management and capture processes.
4.2.4.2. Perform detailed content analysis to assist in data storage.
4.2.4.3. Strategically design an interface that maximizes efficient information dissemination, and product collaboration.
4.2.4.4. Develop a knowledge management process that encompasses the strategy, architecture and methodology for an enterprise improvement effort.
4.2.5. Provide expertise in strategic planning, data analysis, decision support tool development, and studies management at the Government location.
4.2.5.1. Support integration of the OPNAV Integrated Analytic Agenda to include develop research programs, coordinate analysis opportunities provided by liaison with FFRDCs, UARCs, industry and Universities.
4.2.5.2. Long term strategic planning and analysis to include analytic support to the Annual Aviation Inventory and Funding Plan and Shipbuilding Plan (30 Year Plans); Navy Enterprise and OPNAV vision and planning documentation.
4.2.5.3. Coordinate analyses in support of requirements documentation for OPNAV. Develop task statements, write study plans, coordinate converting study report into requirements documents.
4.2.5.4. Serve on studies advisory boards as required. Advise on analysis methods and decision support to include producing reports, reviewing studies, and developing briefings on analysis products.
4.2.5.5. Monitor and manage the analytic battlespace to include ongoing external efforts. Coordinate internal agenda with other organizations. Support the development of data repositories and associated decision tools.
4.2.5.6. Design and implement decision support tools for tactical and strategic decision making. Use operations research or data science techniques to optimize the planning of analysis. Identify gaps in current knowledge base and provide recommendations for future studies or research programs.
4.2.5.7. Coordinate analysis with strategic planning efforts to include inputs in the National Defense Strategy, National Maritime Strategy, Defense Planning Scenarios and other means to provide strategy to task mapping.
4.3. PBIS Operational Support
4.3.1. Implement an effective method of providing operational assistance to the Planning and Programming portion of the Department of the Navy PPBE process in the use of various PBIS web applications.
4.3.2. Provide support for video teleconferencing (VTC) for Planning and Programming coordination between Department of the Navy budgeting representatives at the Pentagon and Navy command representatives at various worldwide locations. This includes configuring and establishing meeting connections, troubleshooting VTC issues, and occasionally supporting late-hour VTC sessions.
4.4. PBIS Data Analysis and Presentation
4.4.1. Conduct fiscal analysis of the Navy POM and monitor for compliance with DOD Fiscal Guidance, Navy/Marine Corps agreements and other pertinent requirements.
4.4.2. Perform analysis of PBIS and other financial data to evaluate ongoing program and budget modifications throughout the POM cycle.
4.4.3. Develop, maintain, and integrate POM presentations, spreadsheets, and archived material to illustrate key risk-based trade-offs in the PPBE process, comparisons of current and historical funding, and details of funding for specific Navy programs.
4.4.4. Actively assist N80 military POM Mechanics in responding to emergent tasks from senior leadership.
4.4.5. Use PBIS knowledge and expertise to assist analysts in properly loading, updating, and auditing records in the database.
4.4.6. Provide knowledge management support to N80 analysts in archiving data and final documents related to the POM and PPBE process (electronic and hard copy).
4.4.7. Act as an approved data transfer agent, able to move files between unclassified and classified networks, or vice versa.
4.4.8. Ensure alignment and assist in program budget integration with the ASN(FM&C) organization.
4.5. Project Management
4.5.1. The Contractor shall manage, plan, and organize all activities associated with this contract. The Contractor shall be responsible for all aspects of directing, executing, and controlling all key elements of this program. The Contractor shall identify processes it will implement for execution and accomplishment of the program objectives. The Contractor shall provide a periodic status report covering technical progress and status of program issues (A001).
5.0. DATA SUBMISSION
5.1. Deliverables.
All data to be furnished under this contract shall be delivered at the times specified on the Contract Data Requirements Lists (CDRLs), DD Form 1423. Classified data shall be delivered prepaid to the destinations and at the times specified on the CDRLs in accordance with the Contract Security Classification Specification, DD Form 254. The cover letter shall be addressed to the COR unless otherwise directed. The cover letter shall include as a minimum, the title of the applicable deliverable, date performed, and the appropriate contract number and task order number to which the deliverable applies.
| Item |
| Frequency |
| Recipient |
| Kick-Off Meeting with POA&M and QCP |
| 10 DAC award |
| COR |
| Monthly Status Report |
| 30 DAC award |
| COR |
5.2 Deliverable Detail
All deliverables shall be submitted under official company letterhead signed by designated company representative. The cover letter shall be addressed to the customer’s Technical Assistant unless otherwise directed. The cover letter shall include as a minimum, the title of the applicable deliverable, date performed, and the appropriate contract number to which the deliverable applies.
5.2.1 Conduct kick-off meeting and generate a Plan of Action and Milestones (POA&M) and Quality Control Plan. The contractor is responsible for the quality of all work performed. The contractor measures that quality through the contractor’s own Quality Control (QC) program. QC is work output, not workers, and therefore includes all work performed under this contract regardless of whether the work is performed by contractor employees or by subcontractors. The contractor’s QC program will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. The government representative(s) will monitor performance and review performance reports furnished by the contractor to determine how the contractor is performing against communicated performance objectives.
5.2.2 Monthly Status Reports. The contractor shall provide monthly status reports to include accomplishments, support provided, and identification of significant problems encountered or delays in meeting deliverable schedules. The contractor shall provide monthly reports on the implementation status of the individual tasks listed herein. It is important that they are submitted in a timely manner NLT last calendar day of the month and address the main task areas listed within this PWS. Reports shall include accomplishments, support provided, and identification of significant problems encountered or delays in meeting deliverable schedules. In addition to reporting the technical status of the individual tasks, a financial report comparing the actual expenditures against the amount budgeted for each task is also required. If the actual expenditures exceed the budgeted amount, the discrepancy should be explained and the contractor's plan for remaining under the ceiling of the contract should be provided.
6. OTHER PERTINENT INFORMATION
6.1 ACRONYMS
COR: Contracting Officer’s Representative DOD: Department of Defense DODI: Department of Defense Instruction DON: Department of Navy FYDP: Future Year’s Defense Plan MHA: Major DoD Headquarters Activities NDA: Non-disclosure Agreement NMCI: Navy Marine Corps Intranet OSD: Office of the Secretary of Defense OPNAV: Office of the Chief of Naval Operations PMP: Project Management Plan POM: Program Objective Memorandum PES: POM Executive Secretariat PPBE: Planning, Programming, Budgeting, and Execution PWS: Performance Work Statement RS: Resource Sponsor QCP: Quality Control Plan SOP: Standard Operating Procedure
6.2 PERIOD OF PERFORMANCE
The base period of performance for this requirement is from 28 September 2021 – 27 September 2022.
6.3 PLACE OF PERFORMANCE
The work to be performed under this PWS will be performed full-time at the Government site (The Pentagon.) Telework is authorized on an ad hoc basis for inclement weather / COOP execution and COVID related mitigation in compliance with DoD and Pentagon HPCON directives.
6.4. Labor Categories and Estimated Number of Hours (for planning purposes only). The hours listed below are an estimate of the hours that will be required to complete the scope described above. (Categories are notional until validated).
| Labor Category |
| Hours |
Base Year
| Senior Program Analyst (804) |
| 7,680 |
| Senior Program Analyst (N42,N94, N95, N9I) |
| 7,680 |
| Senior Program Analyst (N98) |
| 5,760 |
| Program Analyst (POM Executive Secretariat) |
| 1,920 |
| Facilitator (Decision Designer) |
| 1,920 |
| Senior Administrative Support |
| 1,920 |
| Knowledge Management Specialist |
| 1,920 |
| Senior Operational Research Analyst |
| 1,920 |
| OPTIONAL: Senior Program Analyst |
| 768 |
| Total |
| 31,488 |
CLIN 0002 is structured as a surge CLIN, this CLIN is structured as an optional CLIN within each year that can be exercised if needed due to unanticipated costs associated with unplanned changes to POM support across the PPBE Cycle. An estimate of approximately 20% of the expected labor was utilized in order to support this cost.
6.5. Travel/ODCs
6.5.1 All travel shall be in accordance with the Government’s Joint Travel Regulations (JTR) or Federal Travel Regulation (FTR). All travel shall be at the request of the government. Travel vouchers and all supporting documents must be presented with the invoice.
6.5.2. Travel shall be required as a condition of contractor performance and shall only be performed at the request of the government.
6.5.3. Trip Report. A trip report shall be submitted 10 days following the completion of required travel. Report shall include as a minimum, the purpose of the trip, date of travel, labor category and significant outcome of the trip.
6.5.4 Travel is not to exceed $12,000.00, including applicable G&A, for the period of performance. No other ODCs are anticipated for this effort. Any required binders, etc. will be supplied to the KTRs as required.
6.6 MINIMUM QUALIFICATIONS
Personnel required to perform the services set forth within this Performance Work Statement shall meet the minimum qualifications which are provided below. Personnel assigned to or utilized by the contractor in the performance of this contract shall, as a minimum, be a United States Citizen, meet the experience, educational, or other background requirements, and shall be fully capable of performing in an efficient, reliable, and professional manner.
a. Senior Program Analyst (N804/N804 Support to N42, N94, N95, N9I): Qualified candidate must possess a Bachelor’s Degree from an accredited college or university preferably in math, science or engineering, and have six years of experience performing qualitative and quantitative financial analysis of defense programs at the headquarters or systems command level.The successful candidate require five years’ experience in Department of the Navy PPBE processes and POM development providing recommendations for balancing limited resources against competing requirements/priorities in order to assist in the development of a defendable investment strategy five years’ experience reviewing, analyzing, and assessing fiscal risk associated with warfare programs fiscal development across the Future Years Defense Plan and beyond. Requires recent experience within the last year of developing budget balancing strategy including the prioritization of unfunded issues and the generation of acceptable offsets; five years' experience obtaining and analyzing PBIS budget data for specific programs and at the appropriations level, including conducting trend analysis. Expert knowledge of PBIS data and ability to develop specific queries and input of issues;. The successful candidate must have five years’ experience in the development of high level briefs, instructions and policy memos. Advanced MS Office skills, specifically the ability to clearly portray complex information in MS Word, MS Powerpoint, and MS Excel are critical. Eight to ten years of experience with Navy missions, operations, and weapon systems, particularly in aviation and air warfare programs is highly desired. Moderate experience with CNO HQWeb/TV-5 is highly desired. Must have or be able to attain a SECRET level clearance.
b. Senior Program Analyst - Financial (N98): Candidates require seven years' experience in PPBE processes and POM development providing recommendations for balancing limited resources against competing requirements/priorities in order to assist in the development of a defendable investment strategy; seven years' experience in reviewing, analyzing, and assessing fiscal risk associated with aviation program fiscal development across the Future Years Defense Plan and beyond. Requires recent experience within the last year interfacing with System Command PMA/PMW BFMs, and Budget Directors/Comptrollers as well as FMB budget analysts/comptrollers. Requires recent experience within the last year of developing budget balancing strategy including the prioritization of unfunded issues and the generation of acceptable offsets; seven years' experience obtaining and analyzing PBIS budget data for specific programs and at the appropriations level, including conducting trend analysis. Expert knowledge of PBIS data and ability to develop specific queries and input of issues; five years' experience in understanding and analyzing United States Naval Aviation specific programs as well as the ability to provide programmatic recommendations and accurate historical comparisons. Well-versed in the use of Microsoft Office products with emphasis on Microsoft Excel and Microsoft Power Point; Experience navigating the Congressional Information Management System; five years' experience in understanding and analyzing United States Naval Aviation specific programs as well as the ability to provide programmatic recommendations and accurate historical comparisons. Must have or be able to attain a SECRET level clearance.
c. Program Analyst – POM Executive Secretariat: Qualified candidate must possess a Bachelor’s Degree from an accredited college or university and have six years of experience performing qualitative and quantitative financial analysis of defense programs at the headquarters or systems command level. The successful candidate must have four years’ experience in the Department of Navy PPBE processes and four years of PBIS experience. The successful candidate must have six years’ experience in the development of high-level briefs, instructions, and policy memos. Advanced MS Office skills, specifically the ability to clearly portray complex information in MS Word, MS PowerPoint, and MS Excel are critical. Eight to ten years of experience with Navy missions, operations, and weapon systems, particularly in aviation and air warfare programs is highly desired. Moderate experience with CNO HQWEB/TV-5 and QLIK is highly desired. Must have or be able to attain a SECRET level clearance.
d. Facilitator (Decision Designer): Qualified candidate must possess a Bachelor’s Degree from an accredited college or university. The successful candidate will have at least six years working for the Federal government, with preference to DON or DOD experience. Candidates without Federal government experience should have a at least six years of experience in a mid-large organization. Strong MS Office skills are required. The candidate will serve as a neutral party to assist working groups, boards and leaders clarify discussion content, goals and objectives and establish ground rules that govern behavior to reduce group think, tunnel vision, individual and group decision bias. Candidate will select appropriate conversation and impact assessment methods and tools that will enable participants to achieve results and accomplish goals. Work with functional sub-groups to resolve conflict and maintain goal focus. The candidate will encourage diversity by creating meeting and conversation environments that allow civil dialogue and input from all participants and above all -- remaining neutral throughout the process. He or she will design, lead, and facilitate problem and solution framing workshops and information exchanges with subject matter or technical experts using design thinking and/or human centered design frameworks to assist groups in the architecture and design of databases, analytics and guided user interfaces. Must have or be able to attain a SECRET level clearance.
e. Senior Administrative Support: Qualified candidate must possess a Bachelor’s Degree from an accredited college or university. -OR- Five years in the below detailed experience can substitute for the education requirement. If substitution is made a minimum education requirement is an Associate’s Degree. Must have or be able to attain a SECRET level clearance.
· Experience: A minimum of five years’ experience in the preparation of technical correspondence (memoranda, letters, taskers, fitness reports, etc.) and data, including proficiency in computer office automation software packages including Microsoft Office Word, Excel, Access, and PowerPoint.
6.7 Security
SIPRNET requirement: Contractor requires access to the U.S. Secure Internet Protocol Routing Network (SIPRNET) to facilitate the secure transfer of electronic documents and correspondence Personnel who require access to SIPRNET backbone equipment must receive a NATO Security Briefing prior to access from the Contractor’s Facility Security Officer (FSO).
Facility Clearance (FCL): The Contractor must have and maintain a valid Facility Security Clearance (FCL) at a minimum of SECRET for performance on this contractual effort and the ability of safeguarding at the SECRET level.
Personnel Security Clearances (PCL): All contractor personnel associated with and/or performing on classified work relative to the resultant contract must be United States citizens and shall be cleared to a minimum of a final SECRET security clearance at time of contract award.
NON-DISCLOSURE AND NON-USE OF DATA AGREEMENT/CERTIFICATION
(a) Data/Information All data or information (including but not limited to drawings, Privacy Act, Planning, Programming, Budgeting, and Execution (PPBE) documents and data as described in DoD Directive 7045.14, “The Planning, Programming, and Budgeting System,” May 22, 1984, Change 1, July 28, 1990 and Deputy Secretary of Defense Memorandum, “Control of Planning, Programming, Budgeting, and Execution (PPBE) Documents and Information,” 27 March 2004), source selection, personnel information, and business sensitive information) obtained, received, or learned by the Contractor and/or its personnel and/or subcontractors as a result of performance of this contract shall be deemed to be “sensitive” and/or “proprietary” whether or not such data is so designated or marked. Access to data or information obtained, received, or learned as a result of performance of this contract shall be restricted to the minimum number of Contractor personnel necessary for performance of this contract. No one who prepares offers, proposals, bids, and/or quotations for Government and/or non-Government procurements shall be involved in direct performance of this contract. The Contractor shall ensure that each of its personnel and subcontractors who obtains, receives, or learns data or information as a result of performance of this contract understands and complies with this “Non-Disclosure and Non-Use of Data” agreement.
(b) Non-Disclosure of Data/Information The Contractor and its personnel and subcontractors shall disclose data or information obtained, received, or learned whether written or oral as a result of performance of this contract only to Contractor personnel directly performing under this contract and to United States Department of Defense personnel to whom disclosure of such data or information is required in performance of this contract. The Contractor and its personnel and subcontractors shall not disclose such data or information to anyone who prepares offers, proposals, bids, and/or quotations for Government and/or non-Government procurements. The Contractor and its personnel and subcontractors shall take all steps necessary to prevent disclosure of such data or information except as specifically permitted herein.
(c) Non-Use of Data/Information The Contractor and its personnel and subcontractors shall use data or information obtained, received, or learned whether written or oral as a result of performance of this contract only in direct performance of this contract and for no other purpose. The Contractor and its personnel and subcontractors shall not use or consider such data or information in the preparation of any offer, proposal, bid, and/or quotation for any Government and/or non Government procurement. The Contractor and its personnel and subcontractors shall take all steps necessary to prevent use of such data or information except as specifically permitted herein.
(d) Non-Disclosure/Non-Use Agreements Before any of the Contractor’s personnel becomes involved in performance of this contract, the Contractor shall obtain a non-disclosure/non-use agreement signed by that person. The non-disclosure/non-use agreement shall state that:
(1) He/she shall disclose data or information obtained, received, or learned by him/her as a result of performance of this contract only to Contractor personnel directly performing under this contract and to United States Department of Defense personnel to whom disclosure of such data or information is required in performance of this contract. (2) He/she shall not disclose data or information obtained, received, or learned as a result of performance of this contract to anyone who prepares offers, proposals, bids, and/or quotations for Government and/or non-Government procurements.
(3) He/she shall use data or information obtained, received, or learned as a result of performance of this contract only in direct performance of this contract and for no other purpose.
(4) He/she shall not use or consider data or information obtained, received, or learned as a result of performance of this contract in the preparation of any offer, proposal, bid, and/or quotation for any Government and/or non Government procurement.
In the event that the Contractor, its personnel, and or subcontractors will obtain, receive, or learn data or sensitive information of other entities as a result of performance of this contract, the Contractor shall execute a non-disclosure/non-use agreement with each such entity prior to having access to the data or information provided by the entity.
(e) Requirement to Disclose Data/Information If the Contractor, its personnel and/or is subcontractors receive a court order requiring disclosure of data or information obtained, received, or learned as a result of performance of this contract or if the Contractor believes disclosure of such data is otherwise required by law or regulation, the Contractor shall contact the Contracting Officer immediately and fully inform the Contracting Officer of the court order or other requirement prior to any disclosure of data or information.
(f) Exception This “Non-Disclosure and Non-Use of Data/Information” provision does not apply to data or information which the Contractor can demonstrate was obtained, received, or learned in a way other than as a result of performance of this contract.
(g) Government Remedy Any violation of the terms of this “Non-Disclosure and Non-Use of Data/Information” provision is a material and substantial breach of this contract and the Government may, in addition to any other remedy available, terminate this contract, or any part thereof, for cause or default. Noncompliance with the “Non-Disclosure and Non-Use of Data/Information” provision may also adversely affect the evaluation of a Contractor's reliability in future acquisitions
(h) Non-disclosure/Non-Use Agreements The contractor shall maintain all Non-Disclosure and Non-Use of Data/Information agreements required by this provision and shall make such agreements available for immediate inspection by the Contracting Officer.
Contractor Unclassified Access to Federally Controlled Facilities, Sensitive Information, Information Technology (IT) Systems or Protected Health Information (Jan 2017)
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 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 Command’s Security Manager upon arrival to the 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) or T5 or T5R equivalent investigation , which is a higher level investigation than the National Agency Check with Law and Credit (NACLC)/T3/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 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-N; 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 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 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. Contractor employees under this contract are recognized as Non-Critical Sensitive [ADP/IT-II] positions 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 as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC or T3 or T3R equivalent investigation to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The investigation 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 Command’s Security Manager 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 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 Command Security Manager. The Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (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 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 DoD 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) or T1 investigation equivalent 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 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 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.
Authorized Changes Only By The Contracting Officer
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:
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