Solicitation - N0018926RL005.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

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DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

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8. OFFER DUE DATE/

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QUANTITY

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UNIT PRICE

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25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

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AND ALLOCATIONS

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AND 52.212-5 ARE ATTACHED. ADDENDA

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8(A)

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NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form Continuation

Military Free Fall

N0018926RL005

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

0001 Military Free Fall Courses of Instruction (COI)

Pricing Arrangement: Firm Fixed Price

12 Each

Option Line Item

FAR 52.217-8 MFF COI

Pricing Arrangement: Firm Fixed Price

3 Each

Continuation of Description

Performance Work Statement

U.S. Navy Explosive Ordnance Disposal

Military Free Fall Support Services

1. Background:

1.1. Current Department of Defense (DOD) military free fall (MFF) training sites do not have the capacity to support the necessary throughput to meet U.S. Navy explosive ordnance disposal (EOD) operational requirements. In order to restore our ability to qualify personnel and reverse our current capability deficit, Navy EOD requires instructional support and training services in the delivery of the parachute course of instruction (COI).

2. Objectives: The objective of this requirement is to establish an indefinite delivery indefinite quantity (IDIQ) contract for MFF support services. The government seeks costing defined per student per course in order to secure flexibility to meet irregular pipeline challenges. The government is amiable to minimum student quantities to ensure each course is cost effective for both the government and the provider. The contract will have a one-year base period with an additional option for a one-year ordering period pursuant to FAR 52.217-8, in support of Navy EOD.

Scope: The contractor shall be required to work closely with the designated Course Director (CD) and Contracting Officers Representative (COR) assigned by Commander, Explosive Ordnance Disposal Group TWO (COMEODGRU TWO), Virginia Beach, Virginia. The contractor shall provide an operation that includes fully qualified Accelerated Free Fall Instructors (AFFI), parachute riggers, contractor personnel who are capable of providing the required instructional support, parachute rigging / quality assurance inspection (QAI), and training services associated with the delivery of the COI under the coordination of the respective CD and COR.

2.1. The contractor shall provide all personnel and supervision required by the government in support of training and logistics as defined in this performance work statement (PWS). The contractor shall perform to the standards and the specifications contained in this PWS, which defines specific requirements for this effort. This PWS sets forth the requirements for providing training during the MFF course ( instructional days within a -day period) for DOD 20 26 personnel. The MFF course will have three weather days built into the schedule with the corresponding weekends (3) available for extreme circumstances.

2.2. The most suitable location to conduct the MFF COI will be Arizona due to the temperate climate which consistently allows for at least 300 jump days per year.

2.3. The contractor will support COMEODGRU TWO in the performance of training services as defined herein. The training provided by the contractor will encompass the course content and learning objectives of the COI identified in the approved curriculum, lesson plans, trainee guides, evolution brief sheets, and graded exercise (GE) test standards while adhering to all operational risk management (ORM) and DOD policies and procedures per references in sections 13 and 19. The course master schedule (CMS) details all critical instruction in an estimated training schedule.

2.4. This is a "non-personal services contract" as defined in FAR 37.101. It is, therefore, understood and agreed that contractor and/or contractor's employees: (1) shall perform services specified herein as independent contractors, not as employees of the government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints associated with performance of this contract; (3) shall be free from supervision or control by any Government employee with respect to the manner or method or performance of the services specified; but (4) shall, pursuant to the government's right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer (KO), or the duly authorized representative of the KO as is necessary to ensure accomplishment of the contractor objectives

3. In addition to COI support, the contractor will also be required to support the implementation of a new parachute system. The contractor will be required to work with Navy EOD personnel to retrain and certify all impacted contractor personnel on the MT-3/4 Parachute System. This system was selected as the phase replacement for our current inventory.

Currently, Navy EOD has no MT-3/4 systems on hand. This will be outlined further in requirements section 5.

4. Course Information:

4.1. Free Fall Mission Statement: The purpose of this course is to train and qualify Navy EOD personnel as MFF parachutists. The course provides the theory and practical experience necessary to safely conduct basic free fall operations from a minimum of AGL to a maximum altitude of AGL. Each student will conduct a minimum of MFF 9,500 15,999 23 jumps and a maximum of MFF jumps. Instruction shall cover all elements of parachute system packing for a designated 36 main parachute, parachute system donning procedures, aircraft procedures, emergency procedures, body stabilization, canopy control, grouping under canopy, and landing. Instruction shall cover aircraft exit procedures from tail exit using dive and poised exit positions to include rigging/jumping procedures for weapons, combat equipment, night vision goggles (NVG) and portable oxygen equipment. MFF parachute operations during the course consist of a high-altitude low opening (HALO) and high-altitude high opening (HAHO) parachute jumps from altitude with and without weapons, combat equipment (including NVG's) and supplemental oxygen system in day and night conditions. All MFF instruction will be in accordance with critical task list (CTL) outlined by the Special Operations Forces Basic Interoperability Standards (SOFBIS) USSOCOM Manual 350-3 Airborne Operations (Parachuting) Training. Contractors shall provide tail exit aircraft and other support services (unless otherwise stated within the task order) for a minimum of students and maximum class size of 20 30 students. Navy EOD anticipates a maximum of six classes per year. Contractors shall provide two USSOCOM approved (6) tail exit aircraft in support for all MFF operations, a certified AMC AZAR MFF DZ, and access to DAF.

4.1.1. Jump curriculum will follow current USSOCOM 350-3 and approved lesson plan.

4.1.2. The student will be given three opportunities (Pretest, Test, and Retest) to pass each GE. If a student fails a (3) test, they will be remediated and re-tested. Any GE's may be evaluated by an active duty (AD) or general schedule (GS) Navy EOD instructor at any time. All dis-enrollments will be at the recommendation of the CD or Military Liaison Officer (MLO).

5. Requirements:

5.1. Course Monitoring - As the training is "High-Risk Training" in accordance with OPNAVINST 1500.75, safety is always of paramount concern. Inadequate contractor performance in providing instruction and/or other support services can directly impact safety. To ensure that safety and contractor performance is adequate, Navy EOD personnel retain the right to monitor contractor activities for safety and safety-linked performance concerns. If safety or safety-linked performance is identified, Navy EOD has the authority to interrupt/delay the contracted personnel from conducting an assigned topic for safety reasons at no additional cost to the Government. In such cases, the COR must be notified immediately, and further action will be coordinated between the Contractor Course Manager (CCM) and the CD. In all cases, the Navy EOD CD will determine work priorities, technical accuracy of material and provide technical guidance through the CCM.

5.1.1. Qualified military Navy EOD instructors who maintain an Air Operations Trainer (AOT) qualification at a minimum are authorized to jump with contracted instructors during all student jumps for the purpose of ensuring safety and monitoring performance.

5.1.2. Qualified Navy EOD instructors who maintain Air Operations Trainer / Examiner (AOT/E) qualification will be authorized to jump with students for evaluation and instruction purposes.

5.2. Academic Standards - All instructors will adhere to and maintain academic standards (e.g., course grading criteria) in accordance with GE's provided in the CTL. If the student(s) have academic problems, the instructor shall provide remediation in accordance with the grading criteria contained in the respective CTLs and lesson plans for MFF.

5.3. Course Master Schedules (CMS) and Student/Instructor/Facilitator Ratios - The CMS is a breakout of the Navy's current course schedules and provide a period by period breakdown of the subject matter of each course, the sequence of the instructional program, the time allocated to each subject, the time specified for theory and practical application, the student to instructor ratio for each period, and the required jumps necessary for course completion.

5.4. Contractor Uniform Appearance and Professionalism - Whether in the classroom, office, or field training environment the contractor shall ensure that all contracted personnel that meet Navy students maintain a uniform and professional appearance as well as demeanor.

5.4.1. Contracted personnel shall be required to wear company clothing that is uniform in nature and appropriate for the local seasonable climate. Uniform appearance of all contracted personnel will help identify them as instructors in the classroom, in the field, and equipment issue and turn-in.

5.5. Government Personnel

5.5.1. Course Director (CD): Navy EOD will provide an AD or GS CD who will be responsible for monitoring all aspects of training for safety and performance concerns throughout the course. As discussed in section 5.1, The CD has the authority to stop any training being provided at any time when determined that the safety of students or other DOD personnel is at risk. The CD's primary responsibility is the safety and performance of the course and they may evaluate these aspects on the ground and in the air.

5.5.2. Military Liaison Officer (MLO): In circumstances where a CD is a GS, a MLO may also be present to serve as a communications link between EOD PC and Navy EOD Commands and as a representative to the students for administrative, disciplinary, or any other situations that may arise that require immediate communication.

5.5.3. Contract Officers Representative (COR): The government will assign a Contracting Officer's Representative (COR), a representative of the Contracting Officer (KO), who will be responsible for monitoring performance in accordance with the requirements of the PWS and the Quality Assurance Surveillance Plan (QASP). The COR will make every effort to ensure that the surveillance methods used are conducted in an objective, fair and consistent manner. The COR may evaluate all aspects of the course both on the ground and in the air.

5.5.4. Government Instructors: When available, AD and GS may act as instructors during all aspects of the course to include classroom, daily jump briefs, AOT/AOT-E, Drop Zone Safety Officer (DZSO), Malfunctions Officer (MALFO), O2 safety, and Senior/Master Rigger Special Operations Parachute Rigger (SOPR), Parachute Rigger (PR), Quality Assurance Inspector (QAI).

5.5.4.1. All AD and GS personnel performing within assigned roles are required to have all qualifications, designation letters, and currency and will meet all medical standards. AD and GS instructors will provide copies to create individual Training Jackets to be maintained IAW section 5.6.1.

5.5.4.2. The contractor will be notified a minimum of days prior to additional government instructors being 60 added to the course so that employees and price can be adjusted.

5.6. Contracted personnel

5.6.1. Training Jackets (TJ)/Job Qualification Requirements (JQR)

5.6.1.1. Contractor shall build and maintain TJ for all assigned contracted and government personnel to include but not limited to the following:

a) Instructor qualifications (AFFI or rigger)

b) Required course completion certifications

c) JQR(s) and applicable designation letters

d) Proof of drug screening

e) CPR certification

f) Annual contract rigger statement

g) Any other requirement set forth below

Note: JQR will be generated by COMEODGRU TWO and completed by contracted personnel prior to performance of their duties.

5.6.2. Qualification Process - Contracted personnel will maintain professional currency within their field of expertise as stated in the USPA SIM and IRM which will be annotated in their Jump Log. Contracted personnel must meet and maintain standards set forth by the COMEODGRU TWO job qualification requirements (JQR) and / or all applicable service manuals. All contracted personnel must be proficient with curriculum that they are responsible to deliver.

Contracted personnel will instruct consistent with the contractor's approved quality assurance plan.

5.6.3. Substitution - Substitution of any contracted personnel (instructors, pilots, medical staff, riggers etc.), regardless of the reason, shall be communicated in advance to the CD and COR. Any substituted contractor shall meet all the qualifications required of the position in accordance with the PWS and Navy requirements. All contracted personnel are subject to COMEODGRU TWO review, verification, and validation of their qualifications prior to conducting their duties.

5.6.4. Contractor Course Manager (CCM) (required = 1)

5.6.4.1. Role and Responsibilities:

a) Roles and Responsibilities: Supervise, manage, and train all contracted personnel.

b) Ensure that appropriate number of qualified personnel are present during all phases of training. Coordinate with the CD/COR for all scheduling, training, and daily operations of the course.

c) Maintain TJ on all contracted personnel including all required qualifications and documentation as stated in the PWS.

d) Responsible for acquiring all external assets needed to run the course as outlined in the PWS.

e) Will be onsite during all operations to ensure professional conduct of all contracted personnel with compliance to all applicable manuals and publications.

f) All identified safety violations will be rectified immediately.

g) Any variation to the course outside of the PWS and curriculum shall be reported to the COR/KO and rectified as soon as possible.

5.6.5. Drop Zone Safety Officer (DZSO).

5.6.5.1. Duties and Responsibilities.

a) The DZSO has overall operational responsibility for the DZ.

b) Be familiar with the type of operations being conducted.

c) Supervise the DZ IAW this instruction.

5.6.5.2. Qualifications required:

a) Be a current and qualified jumper for the type jump being conducted.

b) Complete DZSO training using the DZSO LP, administered by a current JM.

c) Complete the DZSO JQR

d) Be designated in writing as a DZSO.

5.6.6. Malfunction Officer (MO).

5.6.6.1. Duties and Responsibilities.

a) The MO must be present on the DZ during personnel and equipment airdrops. MO duties will be carried out IAW OPNAVINST 4630.24 and OPNAVINST 5102.1.

b) Conduct malfunction and incident on-site investigations as described in Chapter 8

5.6.6.2.

b) Be a qualified SOPR.

c) Complete MO training using the MO LP, administered by a current designated MO.

d) Complete the MO JQRs in Appendix Q.

e) Be designated in writing by as a MO.

5.6.7. Accelerated Freefall Instructor (AFFI) (required: Minimum amount to meet student to instructor ratio throughout execution of curriculum)

5.6.7.1. Role and Responsibilities: Instruction and safety of students performing MFF training. Be able to perform all duties required as MFF instructor and jumpmaster. Plan, conduct, record and debrief student MFF jumps as required IAW the curriculum.

5.6.7.2. Qualifications required: In addition to meeting all the requirements for an AFFI in section 4.3.2.2 of the enterprise MFF PWS, the following qualifications must be met: Ground school instructors need to be International Body Flight Association Military coach qualified as required by certain VWT and qualified on all ground school training equipment.

5.6.8. Departure Airfield Control Officer (DACO) (required = 1)

5.6.8.1. Roles and Responsibilities: They shall assist the active duty DZSO in all aspects of DZ safety as the DZSO has overall operational responsibility for the DZ. The DACO will be current with the type of operations being conducted and will assist in completing DZ duties IAW all applicable service manuals. DACO responsibilities include:

a) Assisting the DZSO with the timing and flow of multiple aircraft taking off and landing, jumpers in the air, jumpers landing, and personnel on the DZ.

b) Be responsible to build aircraft loads and verify accurate aircraft weights / balances.

c) Coordinate with jumpmasters regarding load timing, and transportation.

d) Updating jumpmasters with current weather conditions, release points, and/or any change to the initial jump brief.

e) Maintain a high level of knowledge and proficiency in all aspects of planning, coordinating and conducting parachute operations to include tactical MFF (HALO/HAHO), oxygen (O2) procedures and familiarity with the references and manuals which guide Navy parachute operations.

5.6.8.2. Qualifications required: Competent in ground to air communications and scheduling all aircraft operations.

5.6.9. Contracted Canopy Coach (required = 2)

5.6.9.1. Roles and Responsibilities: Communicate with in air students, record student landing, brief canopy drills, and debrief student canopy performance. Support DZSO in all aspects of DZ operations throughout the course.

5.6.9.2. Qualifications Required: Required to have and maintain a USPA D license and AFFI qualification.

5.6.10. FAA certified Special Operations Parachute Rigger (SOPR) and QAI:

5.6.10.1. Roles and Responsibilities: EOD PC-contracted FAA SOPRs must be fully qualified and capable of packing/QAI all tactical and non-tactical parachutes systems utilized at the EOD PC.

a) SOPR QAI maintains responsibility for parachute packing of government used parachute systems. This includes but is not limited to the quality of the work performed meets serviceability, packing, and inspection standards. There is a direct nexus between contract performance and safety.

Should the work being performed not meet standards established all supporting service instructions and supporting references. FAA Senior Parachute Rigger are authorized to perform QAI on EOD PC main canopies only. FAA Master Parachute Riggers are authorized to perform QAI on any EOD PC parachute system.

b) Maintain all logs and records

c) Perform scheduled maintenance and repacks as required on all tactical and non-tactical parachute systems utilized in the EOD PC.

d) Communicate to the EOD PC SOPR Supervisor all equipment safety concerns

e) Verify all parachutes utilized during COI are "ready-for issue" (RFI)

5.6.10.2. Qualifications required:

a) FAA Senior or Master Parachute Rigger

b) Must be a graduate of Military Service or USSOCOM approved parachute rigger school; MFF basic; or MFF JM course

c) Must be previously qualified SOPR QAI for military tactical main, and non-tactical main parachute systems.

d) Completed OPNAV 3501/64 SOPR JQR

e) Completed OPNAV 3501/66 QAI JQR

f) Current SOPR designation

g) Current QAI designation

h) Maintain currency requirements set forth by the Navy P3 designated training agent, contained in OPNAV 3501.225 (series)

i) Annual completion of contract rigger statement IAW NAVSEA ULSS 1170417BB-781-D-O-U

(NOTAL)

5.6.11. Contracted EOD PC SOPR Supervisor (required = 1)

5.6.11.1. Roles and Responsibilities:

a) Comply with all requirements of a parachute rigger and QAI set forth above. Supervise, manage, and train all contracted parachute riggers.

b) Ensure that appropriate number and types of personnel are present during all phases of training.

c) Coordinate with the Navy EOD CD and COR for all scheduling and training to meet FAA Rigger qualifications listed in section 5.6.9.2

d) Assist the CCM in maintaining TJ on all contracted parachute riggers that include all required qualifications and documentation as stated in the COMNAVSPECWARCOM 3000.3 (Series), OPNAV 3501.225, and any additional governing instructions not listed.

e) Manage parachute rigging/packing/repair cycles IAW Maintenance Plans for Navy P3 Equipment NAVSEA MP No. 1170417BB-781-D-O-M.1 - 1170417BB-781-D-O-M.110

f) Manage storage and segregation of RFI from non-RFI tactical and non-tactical parachute systems.

5.6.11.2. Qualifications required:

http://privacy.navy.mil. The contractor shall identify and safeguard data, information and reports accordingly. In addition, the contractor shall ensure that contractor employees assigned to the contract are trained on properly identifying and handling data and information subject to the Privacy Act prior to commencing work.

16. Service Manpower Reporting

16.1. "Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM/.

Reporting inputs will be for the labor executed during the period of performance during each Government FY, which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM/."

17. Work Hours/Holidays

17.1. Due to the condensed nature of the course, it is government's intent to work through most federal holidays and may need to work weekends to ensure that all training is completed within the allotted time.

17.2. It is understood and agreed between the government and the contractor that observance of federal holidays by government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract price.

17.3. When the federal, state, local or other government entity grants excused absence to its employees, the contractor agrees to continue to provide sufficient support to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the KO or COR. Additionally, if government personnel are unavailable due to furlough or any other reason, the contractor must contact the KO or the COR to receive direction. The KO shall determine whether the task order price may be affected.

Generally, the following situations may apply:

17.3.1. Contractor personnel who can continue task order performance must continue to work and the task order price shall not be reduced or increased.

17.3.2. Contractor personnel who are not able to continue task order performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the task order price.

18. DELIVERABLES

Description

PWS

Ref.

Frequency Number of Copies and Medium/Format Submit To:

N0018926RL005

https://sam.gov/SAM/ https://sam.gov/SAM/

Monthly Status Report 21.0 Monthly Microsoft Word. Any supporting tables shall be submitted in Excel format.

COR

Contractor Quality Control Plan (QCP)

23.0 When requested by the COR or KO, no later than three calendar days after request

Microsoft Word. Any supporting tables shall be submitted in Excel format.

KO

and

COR

Phase Out (Option) 8.2 NLT 30 calendar days prior to phase-out period Microsoft Word. Any supporting tables shall be submitted in Excel format.

COR

Post-Award Conference Minutes

12 NLT 5 calendar days after Conference Microsoft Word. Any supporting tables shall be submitted in Excel format.

KO

and

COR

19. Applicable Documents and References: The following documents establish policy and assign responsibilities for the Navy (P3) Program. These documents shall be adhered to in their entirety during all phases of Premeditated Personnel Parachuting training, rigging, maintenance, and mishap reporting. This list is not all inclusive and may need to be updated based on new requirements set forth by any governing instruction or when directed by the Course Director (CD) in coordination with the COR and Contracting Officer (KO).

Document Web link (if applicable)

USSOCOM 350-3 (series) Special Operations Forces Baseline Interoperable Airborne Operations (Parachuting) Training Standards

Available upon request

OPNAVINST 3501.225 (series) Navy Airborne Operations Program Available upon request

COMNAVSPECWARCOMINST 3000.3 (series)Naval Special Warfare Parachuting and Cargo Airdrop Operations Available upon request

OPNAVINST 5100.23F Navy Occupational Safety and Health Program Manual Available upon request

OPNAVINST 5102.1 (series) Navy and Marine Corps Mishap and Safety Investigation, Reporting, and Record Keeping Manual

Available upon request

NAVSEAINST 13512.1 (series) Premeditated Personnel Parachuting (P3) and Cargo Airdrop Equipment Authorized for Naval Use (ANU)

Available upon request

United States Parachute Association (USPA) Skydivers Information Manual (SIM) (Current version) Available upon request

United States Parachute Association (USPA) Instructional Rating Manual (IRM) (current version) Available upon request

DoD 4500.53 Commercial Air Transportation Quality and Safety Review Program, 20 Oct 2008 Available upon request

NAVSEA SS400-A1-MMO-010 Field Maintenance Manual Including Repair Parts and Special Tools Lists for MC- 6 Personnel Parachute System, NSN 1670-01-527-7537.

Available upon request

NAVSEA SS400-AX-MMO-010 Rev 1 Organizational Maintenance with Illustrated Parts Breakdown, Ram Air Parachute Assembly, MT-2XX/SL

Available upon request

ATP 3-18.11 (NTTP 3-005.26M) Special Forces Military Free-Fall Operations Available upon request

TC 3-21.220 / MCWP 3-15.7/AFMAN 11-420/NAVSEA SS400-AF-MMO-010, Static Line Parachuting Techniques and Training

Available upon request

ATP 3-18-10 Special Forces Air Operations Available upon request

NAVSEA ULSS No. 1170417BB-781-D-O-U, Revision 12 User's Logistic Support Summary for Navy P3 and Cargo Airdrop Equipment

Available upon request

NAVSEA MP No. 1170417BB-781-D-O-M.1 thru M.115 Maintenance Plans for P3 and Cargo Airdrop Equipment Available upon request

OPNAVINST 1500.75 series Policy and Governance for Conducting High-Risk Training Available upon request

NAVSPECWARCENINST 1500.3 (series) NSWCEN High-Risk Training Safety Program Policies and Procedures Available upon request

COMNAVSPECWARCOMINST 5510.3 (series) Naval Special Warfare Command Information Security Program Available upon request

SECNAV Manual 5510.36 Department of the Navy Information Security Program Available upon request

Note: References available upon request. OPNAV and NAVSEA Instructions are available at http://neds.nebt.daps.mil /Directives/table21.html

THE FOLLOWING NAVSUP LOCAL TEXT IS HEREBY MADE PART OF THE STATEMENT OF WORK

/PERFORMANCE WORK STATEMENT.

CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE

INFORMATION, INFORMATION TECHNOLOGY SYSTEMS OR PROTECTED HEALTH INFORMATION

The following shall be inserted in full text in all solicitations and contracts (including commercial acquisitions) which require contractor unclassified access to federally controlled facilities, sensitive information, Information Technology (IT) systems or protected health information. For commercial acquisitions, this text shall be incorporated into either the SOW or PWS.

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 local textoverseas. The is applicable to the U.S. Nationals living in the U.S. or overseas who are performing work on a Navy contract.

The investigation of a non-U.S. national at a foreign location must be consistent with a National Agency Check with Written Inquiries (NACI), to the extent possible and include a fingerprint check against the Federal Bureau of Investigation (FBI) criminal history database, an FBI investigations file (name check) search and a name check against the terrorist screening database. Also, the above cited reference notes that Foreign Nationals may not be granted CAC credentials until completion of their investigation and not in the interim.

Per Department of Defense Memorandum (DoDM) 5200.2, Department of Defense (DoD) components must initiate and ensure completion of a background investigation before applying the credentialing standards to a non-U.S. national at a foreign location. The background investigation must be favorably adjudicated before a CAC can be issued to a non-U.S. national at a foreign location. The type of background investigation may vary based on standing reciprocity treaties concerning identity assurance and information exchanges that exist between the U.S. and its allies or agency agreements with the host country.

CONTRACTOR UNCLASSIFIED ACCESS TO FEDERALLY CONTROLLED FACILITIES, SENSITIVE INFORMATION, IT

SYSTEMS OR PROTECTED HEALTH INFORMATION

Executive Order 13467, Reforming Processes Related to Suitability for Government Employee, Fitness for Contractor Employees and Eligibility for Access to Classified National Security Information, Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The 5 CFR 32 Part 157 in concert with DoD Manual 1000.13, Vol 1, implements the Federal Standards.

APPLICABILITY

This text applies to all DoD sponsored individuals who require CAC eligibility (or login and P/W if acceptable per contract) for:

Physical access to DoD facilities or non-DoD facilities on behalf of DoD; Logical access to information systems (whether on site or remotely); or remote access to DoD networks that use only the CAC logon for user authentication, or access to sensitive and protected information. This applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the DoD, the Defense Agencies, the DoD Field Activities and all other organizational entities within the DoD (hereinafter referred to collectively as the "DoD Components").

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

ACCESS TO FEDERAL FACILITIES

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.

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. Visit Authorization Request (VAR)

b. Contractor Information Sheet (CIS)

c. FD-258 Fingerprint Card

d. Completed Electronic Investigation (EQIP)

e. All contractor resource(s) must have an active Joint Personnel Adjudication System (JPAS) profile

f. Common Access Card (CAC)

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 (IAW) Secretary of the Navy (SECNAV) M-5510.30, contractor employees who require access to Department of the Navy (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 sensitive information. Sensitive information includes information protected under the Privacy Act, to include 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 System Security Manager (ISSM)/Information Assurance Manager (IAM).

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 (NAC) 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 (IA) Technical Level 1, and must be trained and certified on the Operating System (OS) or Computing Environment (CE) 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 CSM and ISSM /IAM manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual's performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy IT resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the Contracting Officers Representative (COR) shall sign the SAAR-N as the supervisor.

The SAAR-N shall be forwarded to the CSM at least thirty (30) days prior to the individual's start date. 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.

When required to maintain access to required IT systems or networks, the contractor shall ensure that all 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.

CONTRACTOR'S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the contractor's security representative. Within three (3) work days after contract award, the contractor shall provide to the requiring activity's Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the contractor's security representative. The contractor's security representative shall be the primary point of contact on any security matter. The contractor's security representative shall not be replaced or removed without prior notice to the Contracting Officer and CSM.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL PROCESS FOR CONTRACTORS

ASSIGNED TO NATIONAL SECURITY POSITIONS OR PERFORMING SENSITIVE DUTIES

Navy security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate 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 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 Office of Personnel Management (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 thirty (30) days prior to the individual's start date shall result in delaying the individual's start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than ten (10) years) throughout the contract performance period. The contractor's security representative shall contact the CSM for guidance when reinvestigations are required.

Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the CSM upon arrival to the command and shall out-process prior to their departure at the completion of the individual's performance under the contract.

Employees requiring IT access shall also check-in and check-out with the Navy command's ISSM/IAM. Completion and approval of a SAAR-N form is required for all individuals accessing Navy IT resources. The SAAR-N shall be forwarded to the Navy CSM at least thirty (30) days prior to the individual's start date. Failure to provide the required documentation at least thirty (30) days prior to the individual's start date shall result in delaying the individual's start date.

The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Cyber Awareness training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the CSM. The CSM will review the submitted documentation for completeness prior to submitting it to the OPM; Potential suitability or security issues identified may render the contractor employee ineligible for the assignment. An unfavorable determination is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The CSM will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DoD Central Adjudication Facility (CAF) for a determination.

If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a VAR via the 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 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 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 an 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.

* Consult with your CSM and ISSM/IAM for local policy when IT-III (non-sensitive) access is required for non-U.S. citizens outside the U.S..*

**Alternative language which may be included as appropriate:

Contractor and all Contractor personnel with access to or responsibility for XXXXXX of this contract shall comply with DoD Directive 8500.1E IA, DoDI 8510.01 Risk Management Framework (RMF) for DoD IT, DoD Directive 5400.11 DoD Privacy Program, DoD 5200.2-R Personnel Security Program and HSPD 12.

X.1 Be CAC ready at the IT Level II prior to reporting for work.

X.2 At minimum, all contractor personnel must possess/maintain a favorable Tier 3 investigation; formerly a NAC with Local Agency Check and Credit Check (NACLC). This requirement is critical in order to access the data base systems within NAVSUP. It is Contracting Companies; responsibility to ensure that 100% of the contractors have the Tier 3 investigation/IT Level II. In addition, interim approval of clearances is not authorized.

X.3 Be citizens of the U.S.

X.4 If at any time, any contractor person requiring a CAC is unable to possess/maintain an adjudicated Tier 3 investigation, the contractor shall immediately notify the NAVSUP COR to coordinate removal of such a person from work under this contract.

X.5 Contractor personnel with access to or responsibility for nonpublic government data under this contract must comply with HSPD- 12 Personal Identity Verification (PIV) issuance requirements, known as the CAC for NAVSUP.

ABILITY ONE

NAVSUP FLCN may utilize contractor support through the AbilityOne Program, as needed, to perform contract closeout functions for this acquisition. Information, including business sensitive/confidential or proprietary data, that the offeror provides to the Government or information already in the possession of the Government may be viewed and utilized by the AbilityOne Program support contractor personnel during the course of its contract performance. The information that may be made available to the support contractor may include, for example, pricing and technical proposals, historical contract, pricing and performance information, Commercial Asset Visibility (CAV) reporting information and similar data/information.

By submission of a proposal in response to this solicitation, the offeror and its subcontractors consent to a release of their business sensitive/confidential or proprietary data to the Government's AbilityOne Program support contractor personnel in order to perform close out services. Prior to the release of any such information to the support contractor, the support contractor will have in place with the Government a Non-Disclosure/Non-Use Agreement in accordance with the terms of the AbilityOne Program support contract.

Offerors may execute their own Non-Disclosure Agreement with the AbilityOne Program (AbilityOne contact information available from the contracting point of contact). The support contractor must provide copies of the executed agreements to the Contracting Officer and the Contracting Officer's Representative (COR) for the support contract; and the offeror/contractor for this acquisition must provide copies of the executed Agreement to the Contracting Officer for this acquisition. If the offeror/contractor seeks such a Non-Disclosure Agreement with the AbilityOne Program support contractor, the Agreement must be executed no later than the date of final delivery under the resulting NAVSUP FLCN contract.

EXPEDITING CONTRACT CLOSEOUT

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout.