PWS-NHRC Aquisition DRAFT.pdf

Performance Work Statement (PWS) Project:

Acquisition Support Services for Naval Health Research Center

GENERAL INFORMATION

1.0 Background and Purpose

The Naval Health Research Center (NHRC) develops and delivers operational biomedical research solutions that enhance the health, safety, readiness, and performance of our military forces. This acquisition will provide acquisition support services to support the Science Acquisition Support department at NHRC.

Services provided under this Performance Work Statement (PWS) are commercial, severable, and strictly non-personal in nature. The contract type is Firm-Fixed Price (FFP).

2.0 Scope

The Contractor shall provide non-personal acquisition support services to support NHRC in performing acquisition and compliance services.

CONTRACTOR REQUIREMENTS

3.0 Tasks/ Technical Requirements

3.1 Tasks

3.1.1. Contract Modification Support (estimated 5 modifications weekly)

3.1.1.1 Contractor shall review contract modifications and notify Government representative of any errors noted.

3.1.1.3 Contractor shall prepare contracts for closeout to include ensuring all deliverables are received, all invoices have been approved and paid, and drafting applicable closeout documentation for Government approval/processing.

3.1.1.4 Contractor shall properly record and file modifications in applicable contract file according to NHRC policy for organization and naming convention.

3.1.2. Invoice Review and Contracting Officer’s Representative (COR) Support (estimated 40 invoices monthly)

3.1.2.1 Contractor shall perform preliminary invoice review to include ensuring all deliverables are received in accordance with the contract, reviewing proposed billing against available funding on contract, and working directly with vendors to clarify information and/or make corrections, as needed.

3.1.2.2 Contractor shall draft COR documentation such as COR Monthly Report, Quarterly Surveillance Report, and/or Contractor Performance Assessment Report (CPARS) and send to COR with applicable supporting documentation for final review and signature.

3.1.2.3 Contractor shall return COR approval of invoice/deliverables to vendor and inform to submit invoice in Government payment portal for further processing and payment.

3.1.2.4 Contractor shall ensure COR correspondence is properly filed in accordance with NHRC policy.

3.1.2.5 Contractor shall properly record and file invoice, deliverables, and COR documents in applicable contract file according to NHRC policy for organization and naming convention.

3.1.3 Post Award Administration Support (estimated 20 ODC/travels weekly)

DRAFT

3.1.3.1 Contractor shall perform preliminary other direct cost (ODC) and travel request review to include ensuring proposed costs are within applicable regulatory limits, all supporting documentation is present and aligns with request, review proposed costs against available funding on contract, and working directly with requestors to clarify information and/or make corrections, as needed.

3.1.3.2 Contractor shall properly record and file ODC and travel request documents in applicable contract file according to NHRC policy for organization and naming convention.

3.1.3.3 Contractor shall review COR files and documentation quarterly, and as requested, to ensure they are in accordance with NHRC policy for organization and naming convention and make corrections, as needed.

3.1.4 Contractor Supervision

3.1.4.1 Provide onsite Contractor supervision to assign tasks and provide oversight, assign work schedules, certify time, approve leave, evaluate and manage performance, and resolve any disciplinary issues for Contractor personnel.

3.2 Technical Requirements

3.2.1 Training. The contractor shall ensure that employees complete initial and annual training as required by the Command or Activity. This includes but is not limited to orientation training for new personnel, refresher safety training, and job-specific safety training.

General safety topics that the contractor may complete include but are not limited to fire/life safety, general ergonomics awareness, risk management, and hazard communication/global harmonization.

3.2.2. DoD / Government-required training. The contractor shall ensure contract personnel obtain and maintain all DoD / Government-required training throughout task order performance. Written confirmation of completed training shall be provided to the COR as requested.

3.2.3 Transition-In / Out. To minimize any decrease in productivity and to prevent negative impacts on services, the Contractor shall have personnel on board, during the (30) day transition-in / transition-out periods. During the phase-in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on contract start date.

4.0 Labor Qualifications:

4.1 Acquisition Specialist (Onsite Contractor Supervisor)

- A minimum of 2 years of administrative experience supporting the military or medical R&D

- A minimum of 1 year supervisory experience

4.2 Acquisition Specialist

- A minimum of 2 years of administrative experience supporting the military or medical R&D

5.0 Deliverables

DELIVERABLE / PWS

SECTION FREQUENCY SUBMIT TO

Deliverable 1 PWS Section 5.1

Monthly Invoice/ Monthly Status Report/NHRC Staff Tracker

Monthly COR

DELIVERABLE / PWS

SECTION FREQUENCY SUBMIT TO

Deliverable 2 PWS Section 5.2

Non-Disclosure Agreement

Prior to any work being performed for each employee

COR

5.1 Monthly Invoice / Monthly Status Report / NHRC Staff Tracker (Deliverable 1)

A monthly invoice with its accompanying monthly status report must be submitted to the COR for review and approval prior to submitting each invoice into the Wide Area Workflow (WAWF). The COR approval shall be uploaded into WAWF as an attachment to the monthly invoice. This process still applies for those contractors that have DCAA / DCMA-approved direct payment authorization. Refer to DFARS 252.232-7006 for further details.

Each monthly status report shall contain the following:

• Status of tasks and milestones completed, including quantitative data by month and cumulatively for the period of performance

• List of Government Furnished Property (GFP) associated with contract and staff assigned to, if applicable

• Copy of COR approval for travel, if applicable

NHRC COR will provide the NHRC Staff Tracker to be submitted with the Monthly Invoice and Status Report.

5.2 Non-Disclosure Agreement (Enclosure 2) (Deliverable 2)

The contractor shall ensure that contractor personnel including all subcontractors and subject matter experts (SMEs) complete the Non-Disclosure Agreement prior to the performance of work under this award. Completed agreements shall be submitted to the COR with a copy to the Ordering Contracting Officer (OCO). The agreements will be retained in the Government’s file and will be subject to periodic review.

6.0 Contract Information

6.1 Place of performance

Naval Health Research Center (NHRC) 140 Sylvester Rd., San Diego, CA 92106

6.2 Estimated Period of Performance (POP)

Commencing on: Ending on:

Base Year 08/31/2026 02/28/2027 Option Year 1 03/01/2027 02/29/2028 Option Year 2 03/01/2028 02/28/2029 Option Year 3 03/01/2029 02/28/2030 Option Year 4 03/01/2030 02/29/2031 6-Month Extension 03/01/2031 08/31/2031

6.3 Work Hours / Holidays

The contractor is responsible for conducting business during the Command's normal business hours. NHRC has an Alternative Work Schedule which applies nine-hour days between 0600-1800 and alternate Fridays off, with the exception of Federal holidays.

Federal Holidays:

New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

In the event that any of the above holidays occur on a Saturday or Sunday, then such holiday shall be observed as they are by the assigned Government employees at the Government facility.

6.3.1 Teleworking. In accordance with FAR 7.108 teleworking is permitted and is acceptable for some duties / tasks performed under this requirement. Teleworking schedules must be submitted to the NHRC COR for a determination of approval before telework commences. Telework requires the contractor to have the infrastructure / equipment to perform the duties remotely, therefore, ODCs are not authorized for procuring telework items.

6.3.2 Furlough. Contractors shall not be reimbursed by the Government for services not received during a Government furlough. In the event of a Government furlough, contractor employees will be allowed to work during furlough provided there is funding remaining on the contract and adequate Government oversight is available.

6.3.3 Post Closure. All contract employees shall not report to the Government installation if closed due to local determinations related to safety conditions, inclement weather conditions, national emergencies, and / or energy conservation. During these periods of closure, contractor employees working at non-Government facilities/teleworking will be allowed to work during post closure providing there is funding remaining on the contract and adequate Government oversight is available.

6.4 Contract Management

6.4.1 Government Management. A COR for this contract will be appointed by the OCO and will serve as the primary POC for performance under this contract. A copy of COR designation / appointment letter will be furnished to the contractor at time of award, which will detail the duties, responsibilities, and limitations under this requirement. The COR primary duties include: monitoring all technical and performance aspects of the contract, reviews / approves invoices, inspections, receives / reviews deliverables, notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and maintain written and oral communications with the Contractor concerning technical aspects of the contract. The COR will not at any time supervise contract personnel. The COR does NOT have the authority to authorize any change to the contract including the PWS and terms and conditions nor obligate funds to the task order / contract.

6.4.2 Contract Management. The Contractor shall designate a single POC to serve as the contract’s authorized POC for the COR and OCO. The POC shall be responsible for supervision of all Contractor personnel, serves as a key resource for all contract personnel, and provide contract management functions. The POC shall coordinate with the OCO and COR to resolve any issues that may arise, trends relating to the contract or changes / modifications.

6.4.3 Contract Administration Plan (CAP) (Enclosure 1). The CAP is a requirement per NAVSUPINST 4205.3 which provides information related to overall contract management. This document is for informational purposes only.

7.0 SUPTXT 232.9400(1-92) LIMITATION OF LIABILITY - INCREMENTAL FUNDING

**The Government intends to incrementally fund the task order. This clause will be updated at time of award.**

This contract is incrementally funded and the amount currently available for payment hereunder is limited to (amount currently available for payment) inclusive of fee. It is estimated that these funds will cover the cost of performance through (date). Subject to the provisions of the clause entitled "Limitation of Funds" FAR 52.232-22 of the General Provisions of this contract, no legal liability on the part of the Government for payment in excess of the amount currently available for payment shall arise unless additional funds are made available and are incorporated as a modification to this task order.

8.0 Government Furnished Property

8.1. At no time during the term of this contract shall the contractor remove GFP supplies or equipment from the NHRC facilities, unless COR approval is provided in advance. The contractor shall comply with FAR 45 entitled, “Responsibilities, and Liabilities for Government and FAR 52.245-1 entitled, “Government Property.”

8.2 Facilities. The Government will provide the necessary workspace for the contractor staff to provide the support outlined in the PWS to include desk space, telephones, computers, printers, scanners, and other items necessary to maintain an office environment.

8.3 Utilities. All utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

8.4 Return of Government Furnished Items. If GFP is issued, the contractor may, at any time, return the items it no longer needs for the performance of this PWS; however, returned items will not be replaced by the Government, and the unavailability or lack of the items under these circumstances will not excuse nonperformance, or justify increase in cost to the Government. The contractor shall notify the Government in writing of its intent to return items.

8.5 Missing, Stolen, Lost, and Recovered Property. The contractor shall comply with FAR 45.104 “Responsibilities, and Liabilities for Government Property.” The contractor shall be held responsible for lost, missing, stolen, damaged, abused (excessive wear and tear), or destroyed items while in the contractor’s possession. Any damage to Government furnished items due to negligence, failure to secure or contractor caused accidents shall be repaired, and temporary / replacement property acquired, at the cost to the contractor.

9.0 Travel

The COR is the travel order approval authority as designated in writing by the OCO. All travel requirements (including number of contractors to travel, agenda, or dates) shall be approved by the COR in writing prior to incurring costs and is on a strictly cost reimbursable basis. Travel approval must be processed in accordance with NHRC command procedures, Joint Travel Regulations, and correlated with a corresponding line item in the invoice for payment.

Travel Arrangements. Arrangements for and costs of all travel, transportation, meals, lodging, and incidentals are the responsibility of the Contractor. The Contractor shall remain current on applicable training, regulations, policies, and procedures that may impact processes for travel and modify their processes accordingly.

For the purpose of constructing the cost proposal, the estimated travel cost of $3,000.00 annually for five years and $1,500.00 for the extension shall not include fee or contractor burdens unless applied in accordance with the offeror’s accounting system and Forward Pricing Rate Agreement(s) (if applicable).

10.0 Security Requirements:

10.1 Identification of Contractor Personnel

Contractors shall identify themselves as contractor personnel when conducting business verbally or in writing, introducing themselves, displaying distinguishing badges, conducting and / or participating in briefings, conferences, presentations, and meetings.

10.2 Key Control

The Contractor shall establish and implement methods of making sure all keys / key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No key card issued to the Contractor by the Government shall be duplicated. The Contractor shall turn-in any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys to the COR. The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s personnel. The Contractor shall prohibit the opening of locked areas by Contractor personnel to permit entrance of persons other than Contractor personnel engaged in the performance of assigned work in those areas, or personnel authorized entrance.

10.3 Security

SUPTXT204-9400(4-22) CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED

FACILITIES, SENSITIVE INFORMATION, INFORMATION TECHNOLOGY (IT) SYSTEMS OR

PROTECTED HEALTH INFORMATION

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.

10.4 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 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 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.

ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION

Safeguarding sensitive unclassified information is critical to achieve NAVSUP Modernization efforts and deliver cutting-edge and uncompromised capabilities. The Secretary of Defense’s operations security (OPSEC) campaign plan stresses the importance of protecting controlled unclassified information (CUI). CUI encompasses OPSEC, critical technology, intelligence, and personally identifiable information that, if not properly identified, marked, and controlled, could impair NAVSUP’s ability to conduct its mission. Contractor employees with access to Controlled Unclassified Information (CUI) shall comply with DoDI 5200.48 - Controlled Unclassified Information (CUI) and complete DoD approved initial and annual refresher CUI training.

a. Whenever Government provides CUI to, or CUI is generated by, non-DoD entities, all CUI records must be handled as required by the approved mandatory disposition authority.

b. All CUI records must follow the approved mandatory disposition authority whenever the Government provides CUI to, or CUI is generated by, non-DoD entities in accordance with Section 1220-1236 of Title 36, CFR, Section 3301a of Title 44, U.S.C., and the DoDI 5200.48.

c. Contractor employees shall monitor CUI aggregation and compilation based on the potential to generate classified information pursuant to security classification guidance addressing the accumulation of unclassified data or information.

d. Contractor employees shall submit unclassified Government information for review and approval for release in accordance with the Standard DoD Component Processes, DoDI 5230.09, and DoDM 5205.07, Volume 1.

CONTRACTOR'S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the contractor's security representative. Within three (3) work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the contractor's security representative. The contractor's security representative shall be the primary point of contact on any security matter.

The contractor's security representative shall not be replaced or removed without prior notice to the Contracting Officer and CSM.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR

CONTRACTORS ASSIGNED TO 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 a 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.

10.5 Cyber Security

The Contractor shall provide adequate security to store, process, or transmit Controlled Unclassified Information (CUI) on information systems or networks, and to report cyber incidents that affect these systems or networks. To provide adequate security, the Contractor shall implement, at a minimum, the security requirements in “National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, Protecting Controlled Unclassified Information (CUI) in Nonfederal Systems and Organizations.” The Contractor shall ensure these requirements flow down to all subcontracts involved with CUI.

10.6 Data Rights

The Government has unlimited rights to all documents / material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership / copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the OCO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

11.0 Performance Requirement Measures

11.1 Quality Assurance Surveillance Plan (QASP)

This Quality Assurance Surveillance Plan (QASP) serves as the principal basis for assessing overall performance quality by the contractor for severable services under the Performance Work Statement (PWS). This document will be used by the Government to assess the effectiveness of the contractor’s performance, including on a risk rated basis. This QASP provides the methodology by which the contractor's performance will be monitored to determine compliance with established performance objectives and to establish performance benchmarks that ensure a quantifiable basis for measuring effectiveness. The plan is designed so that surveillance is limited to that which is necessary to verify the contractor is performing satisfactorily and relates directly to performance objectives of the performance objectives delineated in the PWS.

NOTE: The QASP is a living document and may be updated by the Government as necessary.

PWS TASK /

DELIVERABLE

PERFORMANCE INDICATOR/

ACCEPTABLE LEVEL OF

PERFORMANCE (ALP)

METHOD OF

SURVEILLANCE /

FREQUENCY

ACCEPTABLE

QUALITY LEVEL

Contractor Management PWS Reference: N/A

Contractor is accessible, enforces performance standards, assigns contractor schedules, reviews performance quality, communication policies, purposes, and goals to subordinates Contract management is timely and effective services received in accordance with the requirements contained in the PWS

Review of documentation on a quarterly basis

95%

Government Furnished Property (GFP)

PWS Reference 8.0

Contractor effectively manages GFP, including documentation within annual report(s).

Contractor is proactive in communicating with the Government when GFP needs to be updated.

Review of documentation upon submission and random inspection

95%

Timeliness and accuracy of deliverables

PWS Reference: 5.0

Contractor submits deliverables in a timely manner with none or few minor edits/ changes required.

Corrections are followed up in a timely manner and are accurate.

Review of documentation on a quarterly basis

Task Order Management

PWS Reference: N/A

Contractor reduces risk to the Government by providing accurate, timely, and effective communication, proactive to resolve issues, reduces cost, effectively manages task order to ensure mission success

Overall Technical & Quality of Performance

PWS Reference: N/A

Contractor’s technical performance meets all contract requirements.

Problems that are encountered are minor in nature, and are as follows:

• does not cause a delay in schedule;

• does not cause costs to increase;

• involves minimal effort to fix; and

• does not affect overall contractor performance

All matters shall be resolved in a satisfactory and timely manner.

11.2 Contractor Performance Assessment Reporting System (CPARS)

CPARS is used to assess a contractor's performance and provide a record, both positive and negative, on a given contract during a specific period of time. The CPARS Automated Information System (AIS) collection tool and other CPARS information can be accessed at https://www.cpars.gov. CPARS collects contractor performance information and passes it to the Federal Past Performance Information Retrieval System (PPIRS) where it can be retrieved by Federal Government Agencies including the DoD Services. The CPARS process is designed with a series of checks and balances to facilitate the objective and consistent evaluation of contractor performance. Both Government and contractor program management perspectives are captured on the CPARS form and together make a complete CPARS. The Contractor shall assign and provide to the COR and OCO the name, title, email address and phone number of the designated contractor CPARS representative within their firm who will be responsible for CPARS information and reviewing the Government's proposed assessment for the period of performance. A User ID and Password for the CPARS will be provided to the designated contractor CPARS representative for this purpose of accessing the CPARS. The contractor CPARS representative has the authority to: 1) receive the Government evaluation; 2) review / comment / return the evaluation to the Government within 30 calendar days after the Government's evaluation is completed; and 3) concur or non-concur to each CPARS evaluation.

Enclosure 1

CONTRACT ADMINISTRATION PLAN (CAP)

1. Definitions.

1.1 Alternate Contracting Officer’s Representative (ACOR). In the absence of the Contracting Officer’s Representative (COR), the Government official appointed in writing by the Contracting Officer who functions as the technical representative of the Contracting Officer for a specific contract, for a specified period of time.

1.2 Bureau of Medicine and Surgery (BUMED). The Department of the Navy command responsible for all Navy medicine healthcare and research initiatives.

1.3 Commanding Officer. The senior Officer that has ultimate responsibility for the operation of the research activity.

1.4 Contracting Officer. The Government official at the Navy Supply Systems Command with the actual authority to enter into, administer, and/or terminate contracts and make related determinations and findings on behalf of the Government.

1.5 Contracting Officer’s Representative (COR). The Government official appointed in writing by the Contracting Officer who functions as the technical representative of the Contracting Officer under the contract. For Indefinite Delivery and Indefinite Quantity contracts, CORs will be appointed for each task order in addition to an overall contract COR.

1.6 Contractor. The organization identified as the contractor/offeror on the SF33 and its employees who are providing services under the contract.

1.7. Defense Contract Audit Agency (DCAA). The Government office responsible for performing all necessary contract audits for the Department of Defense. DCAA also provides accounting and financial advisory services regarding contracts and subcontracts.

1.8 Department Head. The Government official responsible for managing the operation of a distinct organizational division, office, or unit. The Department Head is subordinate to the Commanding Officer of the research activity.

1.9 Military Treatment Facility (MTF). A Department of Defense (DoD) hospital or medical or health center where services may be required to be performed under this contract. The abbreviation, “MTF” includes all Branch Medical or Health Clinics, Medical Administrative Units, Branch Medical or Health Annexes and other subordinate clinical activities.

1.10 Navy Supply Systems Command (NAVSUP). The Department of the Navy command responsible for providing contract support for BUMED.

1.11 Principal Investigator (PI). The Government official responsible for managing a research effort or project from a scientific or technical standpoint. The PI is responsible for the conduct of the research work.

1.12 Research Activity. The Government center, laboratory, or organization responsible for carrying out the research initiatives of BUMED. An MTF is considered a Research Activity under the Clinical Investigation Program (CIP).

1.13 Technical Assistant (TA). The research activity representative who may be appointed by the Commanding Officer (or designated representative) to provide technical or administrative assistance to the COR. TAs may be assigned to assist and support the COR but will not be given the authority to provide any technical direction or clarification directly to the Contractor.

2. Responsibilities.

2.1 NAVSUP will:

2.1.1 Perform all required pre-award actions including providing information or answering questions that arise during the solicitation period and as a result of Freedom of Information Act (FOIA) inquiries.

2.1.2 Review the Contract Administration Plan (CAP).

2.1.3 Verify that the individual(s) nominated to act as COR and/or ACOR have had the required training and the necessary experience. If the Contracting Officer determines that a nominee does not meet experience and training requirements, the Contracting Officer will request that the research activity nominate another individual.

2.1.4 Review the CAP prior to incorporation into the solicitation. This review will ensure that all contract administration functions are assigned, suit the specific circumstances of the contract and give due consideration to the type of contract, the place of performance, period of performance, and inspection and acceptance criteria stated in the solicitation/contract.

2.1.5 Include the COR duties contained in this Master CAP in the resultant solicitation/contract. Additional duties will be separately delineated within the contract, as appropriate.

2.1.6 Designate the paying office in the contract.

2.1.7 Appoint the COR and ACOR. COR and ACOR appointments will be completed through the DoD Procurement Integrated Enterprise Environment (PIEE) Joint Appointment Module (JAM) at: https://piee.eb.mil/piee-landing/.

2.1.8 Perform all contract administration duties of a Contracting Officer. Regular meetings between the Contracting Officer, the COR or the research activity Commanding Officer (or representative) will be held to discuss the status of and the performance under individual contracts. The format and frequency of these meetings will depend upon the size and complexity of the contract.

NOTE: All parties are specifically reminded that only the Contracting Officer has the authority to modify the terms of the contract. Therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, any direction affecting the terms of the contract has been given by the COR or any other person, the Contractor shall promptly notify the Contracting Officer.

2.1.9 Evaluate reports of Contractor non-compliance and take appropriate action within 30 days of receipt. Copies of any correspondence regarding the results of such analyses will be provided to the research activity and the COR simultaneously with the action taken.

2.1.10 Arrange the post-award conference, if required. Invite necessary attendees. Ensure that the requirements of the contract and the COR’s duties are thoroughly discussed and understood. Ensure that all personnel involved understand current DoD Standards of Conduct policies.

2.1.11 Oversee the performance of CORs under the contract. Prompt action will be taken when COR (or alternate) is not performing properly.

2.1.12 Maintain the official contract file including modifications (and all back-up documentation).

2.1.13 Maintain the accuracy of this Master CAP throughout the life of the contract.

2.1.14 Maintain a list of all CORs under their authority. Periodically review the files and performance of these CORs in accordance with NAVSUPINST 4205.3 (series) and local policies.

2.1.15 Review the existing annual Contractor performance report prior to negotiating (if applicable) any task orders under the contract, extending the contract, or exercising any options under the contract.

2.2. The Commanding Officer of the Research Activity (or designated representative) will:

2.2.1 Establish research policy guidance.

2.2.2 Provide overall direction for research sponsored by the activity.

2.2.3 Budget and provide funding for the contract.

2.2.4 Nominate (to the Contracting Officer) an individual to be appointed as COR (by name, title, organizational code and telephone number). This individual (augmented by the Principal Investigator and/or the cognizant research activity Department Head) will also be the contract quality assurance monitor and lead technical advisor to the Contracting Officer and will be responsible for the technical interface needed during contract performance. An ACOR can be nominated to act in the absence of the COR, when needed, or to provide additional expertise. COR and ACOR nominations will be made through the DoD JAM at: https://piee.eb.mil/piee-landing/. The research activity approval authority for the COR or ACOR nomination may be the nominee’s supervisor.

NOTE: COR duties cannot be delegated. The COR will be accountable for the actions of ACORs.

NOTE: Nomination of a new COR or ACOR as a result of reassignment, termination of employment, etc., will be made in accordance with the procedures outlined herein.

https://piee.eb.mil/piee-landing/

2.2.5 Ensure all individuals nominated as COR or ACOR have the necessary qualifications to satisfactorily perform the required duties and hold a position of responsibility commensurate with the complexity of the contract. All CORs must complete DAU CLC 106. In addition CORs should complete a Navy Supply System Command (NAVSUP) or BUMED approved COR training course (or DAU/DoD equivalents) prior to appointment under complex contracts.

2.2.6 Support and supervise the COR in the performance of his/her duties. If the Commanding Officer determines that assigned duties are not being performed in a satisfactory manner, immediate corrective action will be taken (including the recommendation to replace the COR if required). The Contracting Officer will be promptly notified of all actions taken. The research activity should consider COR performance in rating all individuals assigned COR functions.

2.2.7 Ensure that appropriate timely action is taken on all contract related correspondence received from either the Contracting Officer or COR. This includes the timely submission (to the Contracting Officer) of any requests for changes to the contract, deviations or waivers. An Independent Government Cost Estimate of the impact on contract price and the availability of additional funding (if required) must accompany all requests for changes to the contract.

The Contractor’s price quote and the rationale for requesting the change shall accompany any changes proposed by the Contractor. The Contractor’s price quote serves as a budgetary estimate of the cost impact. The research activity will also provide input as to technical acceptability of proposed contract language changes.

2.2.8 The research activity Commanding Officer may appoint a TA to assist the COR in executing routine contract administration, monitoring and, surveillance duties. The appointment of all TAs must be in writing and must include the TA's responsibilities and limitations. A copy of this appointment letter will be provided to the Contracting Officer. Before appointment, the research activity will assure that all TAs have the appropriate training and experience. TAs must complete DAU CLC 106 prior to appointment. A sample TA appointment letter is located on the NAVSUP Contracting Knowledge Site (CKS) at:

https://www.navsup.navy.mil/cks/reference_library/acquisition_reference_library/forms

2.3 The Contracting Officer's Representative (COR) will:

2.3.1 Notify the Contracting Officer in writing of any organizational or personnel changes affecting the CAP.

2.3.2 Attend both the pre-proposal and post-award conferences, if held.

2.3.3 Upon receipt of the contract from the Contracting Officer, forward copies of documents to staff having administrative responsibilities for the contract.

2.3.4 Attend periodic meetings (as necessary) among the Contracting Officer, research activity and Contractor to discuss the status of and performance under the contract.

2.3.5 Avoid issuing any instructions that would constitute a change to the contract. The COR and Contractor shall not enter into any understanding, agreement, modification, or change order deviating from the terms of the contract which shall be effective or binding on the Government. If in the opinion of the Contractor, an effort outside the scope of the contract is requested, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall not act unless the Contracting Officer has issued a written change to the contract. The COR will include, on all correspondence to the Contractor, a declination of authority statement as follows:

“I have neither the authority nor the intent to change the terms or conditions of this contract. This contract can only be changed by a written modification issued by the Contracting Officer. If you believe that I am requesting an effort outside the scope of this contract, promptly notify the Contracting Officer. Additionally, this shall not be construed as an authorization for new work or additional work not already contained in the contract.”

2.3.6 Perform as the technical interface between the Government and the Contractor for this contract. The COR will provide technical advice or clarification regarding the performance work statement and terms of the contract;

milestones to be met within the general terms of…