SOLE SOURCE* Install AECS & IDS to Temp Buildings

SOLE SOURCE JUSTIFICATION TO A SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERN

Synopsis

INSTALLATION OF AUTOMATED ENTRY CONTROL SYSTEMS (AECS) AND INTRUSION DETECTION SYSTEMS (IDS) IN BUILDINGS T-2140 AND T-2141 AT NSWC PCD

The Naval Surface Warfare Center Panama City Division, FL (NSWC PCD) intends to award a sole source, firm fixed price purchase order using simplified acquisition procedures to Mandex, Inc., 12500 Fair Lakes Cir, Ste 125, Fairfax, VA 22033 (CAGE Code:  3Z682) on a sole source basis.  This acquisition will be for the installation of AECS, IDS, and communications cables to Buildings T-2140 and T-2141 at NSWC Panama City.  This procurement is sole source for the following reasons:  Mandex, Inc. currently maintains/sustains all Integrated Electronic Surveillance Systems (IESS), including Intrusion Detection Systems (IDS), Automated Entry Control Systems (AECS) and Video Surveillance Systems (VSS) in facilities operated by NSWC PCD.  These systems are critical to the safeguarding of Secret and Top Secret information; therefore, they must be maintained at optimal functionality.  In order to achieve this functionality, each component of each system must operate with minimal downtime.  A single entity responsible for the entire IESS must be utilized.  Since Mandex currently maintains these systems, Mandex must install the components.  As such Mandex, Inc. is the only source capable of meeting this requirement. 

This procurement is a sole source due to Mandex, Inc. currently maintaining/sustaining all IESS components in facilities operated by NSWC PCD. These systems are critical to the safeguarding of classified and controlled unclassified information; therefore, they must be maintained at optimal functionality with minimal downtime

SOLE SOURCE JUSTIFICATION MEMORANDUM TO A SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS CONCERN TO ACQUIRE THE INSTALLATION OF AECS AND IDS IN BUILDINGS T-2140 AND T-2141

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Limited Source Justification.”

This is a sole source justification. Contracting activity is:

Naval Sea Systems Command

Naval Surface Warfare Center

Panama City Division (NSWC PCD)

110 Vernon Avenue

Panama City, FL 32407-7001

(Contracts Department Code 02)

2. Nature and/or description of the action being approved.

This action will award a firm fixed price order to the following:

Mandex, Inc.

12500 Fair Lakes Cir

Ste 125

Fairfax, VA 22033

CAGE Code: 3Z682

Procurement is for the installation of Automated Entry Control Systems (AECS), Intrusion Detection Systems (IDS), and communications cables to Buildings T-2140 and T-214

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This requirement is to purchase the following:

Install the following in Building T-2140, per the attached Statement of Work:

(1) LENEL Server/Workstation

(1) LNL2220 Controller w/Enclosure

(1) Altronix Power Supply

(1) HID Card Reader

(1) Bosch Controller w/Enclosure

(1) Bosch Keypad

(2) MAGNASPHERE Door Contacts

(1) Bosch Zone Expander

(3) 12V 7AH Battery

(1) Ethernet Extender Pair

(8) Bosch 360 Degree Motion Sensors

(1) Grounding Grid

(1) 25-pair Communications cable from Building 110, Rm

1M17 to the T-2140 service entrance, associated conduit,

and terminations

(1) 48 strand single mode fiber optic 10G cable from

Building 110, basement communications rm to the T-2140

service entrance, associated conduit, and terminations

Install the following in Building T-2141, per the attached

Statement of Work.

(1) LNL2220 Controller w/Enclosure

(1) ALTRONIX Power Supply

(1) HID Card Reader

(1) Bosch Controller w/Enclosure

(1) Bosch Keypad

(1) MAGNASPHERE Door Contacts

(3) 12V 7AH Battery

(1) Ethernet Extender Pair

(2) Bosch 360 Degree Motion Sensors

(1) Grounding Grid

(1) 25-pair Communications cable from Building 110, Rm

1M17 to the T-2141 service entrance, associated conduit,

and terminations

(1) 48 strand single mode fiber optic 10G cable from

Building 110, basement communications rm to the T-2141

service entrance, associated conduit, and terminations

The Government’s minimum needs have been verified by the certifying technical and

requirements personnel. This memo does not authorize acquisition for other requirements. This

acquisition will be conducted using simplified acquisition procedures with a total dollar value

above micro-purchase levels, but not exceeding the simplified acquisition threshold of

$250,000.00. All equipment will be delivered no later than ninety (90) business days after receipt

of Notice To Proceed (NTP). The purchase will be funded with Capital Improvements Program

(CIP) funds.

4. Identification of the justification rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

10 U.S.C. 2304(c) (1) - Only one responsible source and no other supplies or services will satisfy agency requirements, FAR 6.302-1:

The Naval Surface Warfare Center Panama City Division (NSWC PCD) has a requirement to procure the installation of AECS and IDS in buildings T-2140 and T-2141 at NSWC PCD. This requirement is not suitable for full and open competition for the following reason(s): Mandex,

Inc. currently maintains/sustains all Integrated Electronic Surveillance Systems (IESS), including Intrusion Detection Systems (IDS), Automated Entry Control Systems (AECS) and Video Surveillance Systems (VSS) in facilities operated by NSWC PCD. These systems are critical to the safeguarding of Secret and Top Secret information; therefore, they must be maintained at optimal functionality. In order to achieve this functionality, each component of each system must operate with minimal downtime.

When additional contractors are used to install IESS components, the installation typically includes a 1-year parts & labor warranty; however, Mandex is contracted to operate and maintain those newly installed items as soon as they come online. When installed components malfunction, they invariably require extended periods of time spent ascertaining the party responsible to repair or replace them. The installing contractor will usually direct the responsibility for repair/replacement on the sustainment contractor, and vice versa. Meanwhile, the IESS functions at less than optimal performance, with chinks in the armor that protects the nation’s vital secrets. In order to keep this time to a minimum, a single entity responsible for the entire IESS must be utilized. Since Mandex currently maintains these systems, Mandex must install the components as well. As such Mandex, Inc. is the only source capable of meeting this requirement.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with FAR 13.106-1(b).

The Contracting Officer has determined that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.

This requirement will be synopsized on the Contract Opportunities website at sam.gov per FAR Part 5.2. No additional market research was conducted for the reasons discussed in paragraph 4 above, for any company other than Mandex, Inc. to provide the products.

7. Any other facts supporting the justification. None.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

As stated in paragraph 4 above, Mandex, Inc. is the only source that can meet the requirement.

Section F - Deliveries or performance

NSWC PCD

110 Vernon Ave.

Panama City, FL 32407

Section G 

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

252.232-7006 Wide Area Workflow Payment Instructions

Section I - Clauses

52.209-02   PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORP -REPRESENTATION

52.209-10   PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORP

52.209-11   REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

52.211.10 COMMENCEMENT AND COMPLETION OF WORK

52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS.

52.219-1   NAICS CODE/$MILLIONS 238210 $16.5M

52.219-6   NOTICE OF TOTAL SMALL BUSINESS SET ASIDE

52.222-6   DAVIS BACON ACT

52.222-7   WITHHOLDING OF FUNDS

52.222-8   PAYROLLS AND BASIC RECORDS

52.222-9   APPRENTICES AND TRAINEES

52.222-10   COMPLIANCE WITH COPELAND ACT REQUIREMENTS

52.222-11   SUBCONTRACTS (LABOR STANDARDS)

52.222-12   CONTRACT TERMINATION-DEBARMENT

52.222-13   COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS

52.222-14   DISPUTES CONCERNING LABOR STANDARDS

52.222-15   CERTIFICATION OF ELIGIBILTY

52.222-50 – COMBATING TRAFFICKING PERSONS

52.222-62 PAID SICK LEAVE

52.225-9 BUY AMERICAN ACT

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS.

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN – REPRESENTATION AND CERTIFICATIONS

52.228-5 INSURANCE ON A GOVERNMENT INSTALLATION

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

52.236-2   DIFFERING SITE CONDITIONS

52.236-3   SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 

52.236-27   SITE VISIT (CONSTRUCTION)

52.228.2   ADDITIONAL BOND SECURITY

52.228.13   PAYMENT PROTECTION

52.246-21  WARRANTY OF CONSTRUCTION

252.201-7000   CONTRACTING OFFICER’S REPRESENTATIVE

252.203-7000    REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

252.203-7002    REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

252.204-7012     SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION

252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PERFORMANCE INFORMATION  

                       RETRIEVAL SYSTEM

252.225-7048     EXPORT-CONTROLLED ITEMS

5152.233-4001   AMC-LEVEL PROTEST PROGRAM

5152.236-5900  ELECTRICAL AND STRUCTURAL BUILDING STANDARDS FOR CONSTRUCTION PROJECTS

H-228-H002 INSURANCE-PROPERTY LOSS OR DAMAGE LIABILITY TO THIRD PERSONS-BASIC (NAVSEA)

52.203-18             PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION

52.203-19             PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

52.204-7               SYSTEM FOR AWARD MANAGEMENT

52.204-13             SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

52.204-26             COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION

52.209-11             REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

52.222-18             CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS

52.222-50             COMBATING TRAFFICKING IN PERSONS

52.233-3               PROTEST AFTER AWARD

52.233-4               APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

52.243-1               CHANGES—FIXED PRICE

52.246-4               INSPECTION OF SERVICES—FIXED-PRICE

52.204-7               SYSTEM FOR AWARD MANAGEMENT (BASIC OR ALTERNATE(S))

52.204-8               ANNUAL REPRESENTATIONS AND CERTIFICATIONS (BASIC OR ALTERNATE(S))

52.204-16             COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

52.204-18             COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

52.204-19             INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

52.204-21             BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

52.204-22             ALTERNATIVE LINE ITEM PROPOSAL

52.204-23             PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

52.204-24             REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

52.204-25             PROHIBITION OF CONTRACTING FOR CERTAIN TELECOMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

52.204-26             COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION

52.209-10             PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

52.209-11             REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

52.215-8               ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT

52.222-21             PROHIBITION OF SEGREGATED FACILITIES

52.222-25             AFFIRMATIVE ACTION COMPLIANCE

52.222-26             EQUAL OPPORTUNITY (BASIC OR ALTERNATE(S))

52.222-29             NOTIFICATION OF VISA DENIAL

52.222-50             COMBATING TRAFFICKING IN PERSONS  (BASIC OR ALTERNATE(S))

52.223-6               DRUG-FREE WORKPLACE

52.223-18             ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

52.225-25             PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS

52.232-39             UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

52.244-6               SUBCONTRACTS FOR COMMERCIAL ITEMS (NOT FOR COMMERCIAL ITEMS)

52.252-1               SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.252-2               CLAUSES INCORPORATED BY REFERENCE

52.252-5               AUTHORIZED DEVIATIONS IN PROVISIONS

52.252-6               AUTHORIZED DEVIATIONS IN CLAUSES

252.203-7005      REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

252.204-7003      CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

252.204-7007      ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

252.204-7008      COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

252.204-7009      LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION

252.204-7015      NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

252.204-7016      COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION

252.204-7017      PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION

252.204-7018      PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

252.204-7019      NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS.

252.204-7020      NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS.

252.215-7013      SUPPLIES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE CONTRACTORS

252.232-7010      LEVIES ON CONTRACT PAYMENTS

252.244-7000      SUBCONTRACTS FOR COMMERCIAL ITEMS

252.247-7023      TRANSPORTATION OF SUPPLIES BY SEA  (BASIC OR ALTERNATE(S))

C-204-H001         USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (OCT 2018)

C-211-H018         APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

G-232-H002        PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018)

G-242-H001        GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018)

G-242-H002        HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018)

L-204-H003          NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTOR FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019)

52.219-14             LIMITATIONS ON SUBCONTRACTING

G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019)

(a)  For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level.  Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of other direct costs (ODCs), materials, and travel, by technical instruction (TI), SLIN, or CLIN level.  For other than firm fixed price subcontracts, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced.  Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal.  Subcontractors may email encryption code information directly to the Contracting Officer and Contracting Officer Representative (COR).  Should the subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the Contracting Officer and COR; or other method as agreed to by the Contracting Officer.

(b)  Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange (EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and Contracting Officer on the same date they submit the invoice in WAWF.  No payments shall be due if the contractor does not provide the COR and Contracting Officer email notification as required herein.

*(End of Text)

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018)

(a)  The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b)  The contracting officer is the only person authorized to change this contract or orders issued thereunder.  The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c)  The points of contact are as follows:

(i)  The Procuring Contracting Officer (PCO) is:

        See page 1, Block 24

 (ii)  The Contract Specialist is:

Name:  Nicole Stevens

               E-mail:  Nicole.Stevens3.civ@us.navy.mil

G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (JUL 2021)

(a)  The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods.  Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by the [insert activity name].  All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor’s expense with no cost or liability to the U.S. Government.

(b)  The federal Government observes public Holidays that have been established under 5 U.S.C. 6103. The actual date of observance for each of the holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

(c)  Delayed Opening, Early Dismissal and Closure of Government Facilities.  When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

(d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract.  Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable cost accounting standards, and the company’s established policy and procedures. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The Contracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy and procedures.

(e)  If you intend to visit the Contracts Office, it is advised that you call for an appointment at least 24 hours in advance.

(f)  The hours of operation are as follows:

                      AREA                                                         FROM                TO

NSWC-PCD and/or NEDU                                             0700                       1600*

(g) All deliveries to the Receiving Officer, (See Delivery Schedule, Section F), shall be made Monday through Friday from 0700 to 1600 local time, unless otherwise specified. Deliveries will not be accepted after 1600.  No deliveries will be accepted on federal government holidays.

***Note*** Trucks must gain access to the base prior to 1430.

(End of text)

G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018)

(a)  In accordance with FAR 42.302(a) all functions listed are delegated to the ACO except the following items to be retained by the PCO:

ALL functions listed will be retained by the PCO.

(b)  In accordance with FAR 42.302(b), the following additional functions are delegated to the ACO: None

 (End of Text)

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019)

(a)  NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b)  The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

(1)  The support contractor not disclose any information;

(2)  Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3)  The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4)  In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c)  Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d)  NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

(End of Provision)