Sole Source - Form Labs 3D Printers

Subj:    SOLE SOURCE MEMORANDUM TO ACQUIRE 3D PRINTING SYSTEM FROM FORM LABSINCORPORATED (ERP 1300938329)Identification of the agency and the contracting activity, and specificThis is a sole source justification. Contracting activity is the 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).Nature and/or description of the action being approved.This action will award a firm fixed price purchase order, on a sole source basis, to Form Labs Incorporated, 35 Medford Street, Suite 306, Somerville, MA 02143, to acquire a FUSE 1 Sintered Laser System (SLS) 3D Printing System. The FUSE 1 3D printing system is needed to facilitate the testing and certifying of dive equipment and dive procedures for the Department of Defense.3.         (including the estimated value).The following equipment is being acquired:*See attachment*This acquisition will be conducted using simplified

acquisition procedures with a total dollar value of $38,805.44    certifying technical and requirements personnel. This memo does not authorize acquisition for other requirements. The contract action will be funded with FY21 OMN funds.Identification of the justification rationale and, if applicable, a demonstrationservice. 10 U.S.C. 2304(c)(1), 10 U.S.C. 2304(d)(1)(B). Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements FAR 6.302- 1(a)(2)(iii)(B).Form Labs is the only vendor who carries a Food and Drug Administration (FDA) Emergency Use Authorization (EUA) for breathing systems for the 3D print materials that NEDU would utilize and hyperbaric systems that NEDU regularly utilizes, instruments, and certifies for DOD use, Form Labs tests extremely specialized equipment and therefore Form Labs is the only vendor who can meet the unique requirements of NEDU. Form Labs resins and powders are the only printing materials that have passed the following International Standards Organization (ISO) standards that are applicable to NEDU involving oxygen in hyperbaric and breathing systems:EN ISO 10993-5:2009 - Not cytotoxic2.         ISO 10993-10:2010/(R)2014 - Not an irritant 3.      ISO 10993-10:2010/(R)2014                                   Not a sensitizerISO 10993-3:2014 - Not mutagenicISO 10993-17:2002 - Not toxic (subacute/subchronic)ISO 10993-18:2005 - Not toxic (subacute/subchronic)ISO 18562-2:2017    Not mutagenic 8.         ISO 18562-3:2017ISO 18562-4:2017 - Does not emit hazardous water-soluble substancesEN ISO 13485:2016 - Medical Devices    Quality Management Systems Requirements for Regulatory PurposesEN ISO 14971:2012 - Medical Devices     Application of Risk Management to Medical DevicesThe printer system is capable of being used in a standalone, local, and offline configuration which is an essential NEDU cyber security requirement. The Form Labs printing system is the only system that meets the size requirements of the DLSS instrumentation parts and underwater breathing apparatuses (UBAs) pieces to be created at NEDU while holding the required tolerances (.001 inches - .012 inches). The finished parts are water impermeable and do not contain voids internal to the parts being printed which would lead to explosions upon ascent or implosions upon decent inside of a hyperbaric chamber. Lastly, the Form Labs printing system are the only systems that do not require an inert gas flush during operations and do not require a binding agent whichwould be detrimental to divers and diver s life support equipment. In summary, the 3D Printing systems manufactured by Form Labs Incorporated are the only 3D printing system that meets all of the NEDU operational and safety requirements.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,A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted.No other venders were found to  support equipment that Form Labs can provide. Form Labs is the only manufacturer with an FDA EUA for respiratory equipment for ventilators.Any other facts supporting the justification.NoneA 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 and 6 above, Form Labs Incorporated is the only company that can provide the required 3D print systems.Signature page follows.Section C – SpecificationsMinimum Requirements for Access to Controlled Unclassified Information (CUI):  Prior to access contractor personnel requiring access to DON controlled unclassified information (CUI) or "user level access to DON or DoD networks and information systems system security and network defense systems or to system resources providing visual access and/or ability to input delete or otherwise manipulate sensitive information without controls to identify and deny sensitive information" contractors must have clearance eligibility or submit an Electronic Questionnaire for Investigation Processing (SF 86) to NSWC PCD Security for processing and subsequent adjudication by the DOD Consolidated Adjudications Facility. Minimum Protection Requirements for Controlled Unclassified Information: Security classification guides (OPNAVINST 5513 series) and unclassified limited documents (e.g. FOUO Distribution Statement Controlled) are not authorized for public release and therefore cannot be posted on a publicly accessible webserver or transmitted over the Internet unless appropriately encrypted.Controlled Unclassified Information (CUI): Controlled unclassified information (CUI) is official information that requires the application of controls and protective measures for a variety of reasons and has not been approved for public release to include technical information proprietary data information requiring protection under the Privacy Act of 1974 and Government-developed privileged information involving the award of contracts.  CUI is a categorical designation that refers to unclassified information that does not meet the standards for National Security Classification under Executive Order 13526 but is (a) pertinent to the national interest of the United States or to the important interests of entities outside the Federal Government and (b) under law or policy requires protection from unauthorized disclosure special handling safeguards or prescribed limits on exchange or dissemination.For Official use Only (FOUO) is a document designation not a classification.  This designation is used by Department of Defense (DoD) and a number of other federal agencies to identify information or material which although unclassified disclosure to the public of the information would reasonably be expected to cause a foreseeable harm to an interest protected by one or more provisions of the FOIA. This includes information that qualifies for protection pursuant to the provisions of the Privacy Act of 1974 as amended.  FOUO must be marked controlled and safeguarded in accordance with DoD 5200.01 Vol. 4 DoD Information Security Program: Controlled Unclassified Information (CUI) February 24 2012Security of Unclassified DoD Information on Non-DoD Information Systems (DoD 8582.01)DoD policy:  adequate security be provided for all unclassified DoD information on non-DoD information systems.  Appropriate requirements shall be incorporated into all contracts grants and other legal agreements with non-DoD entities.Information Safeguards are applicable to unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems to the extent provided by the applicable contract grant or other legal agreement with the DoD.Information Safeguards Unclassified DoD information that has not been cleared for public release may be disseminated by the contractor grantee or awardee to the extent required to further the contract grant or agreement objectives provided that the information is disseminated within the scope of assigned  duties and with a clear expectation that confidentiality will be preserved. Examples include:a.  Non-public information provided to a contractor (e.g. with a request for proposal)b.  Information developed during the course of a contract grant or other legal agreement (e.g. draft documents reports or briefings and deliverables)c.  Privileged information contained in transactions (e.g. privileged contract information program schedules contract-related event tracking)It is recognized that adequate security will vary depending on the nature and sensitivity of the information on any given non-DoD information system.  However all unclassified DoD information in the possession or control of non-DoD entities on non-DoD information systems shall minimally be safeguarded as follows:         a.  Do not process unclassified DoD information on publically available computers (e.g. those available for use by the general public in kiosks or hotel business centers)         b.  Protect unclassified DoD information by at least one physical or electronic barrier (e.g. locked container or room logical authentication or logon procedure) when not under direct individual control of an authorized user.         c.  At a minimum overwrite media that have been used to process unclassified DoD information before external release or disposal.         d.  Encrypt all information that has been identified as CUI when it is stored on mobile computing devices such as laptops and personal digital assistants compact disks or authorized removable storage media such as thumb drives and compact disks using the best encryption technology available to the contractor or teaming partner.         e.  Limit transfer of unclassified DoD information to subcontractors or teaming partners with a need to know and obtain a commitment from them to protect the information they receive to at least the same level of protection as that specified in the contract or other written agreement.         f.  Transmit e-mail text messages and similar communications containing unclassified DoD information using technology and processes that provide the best level of privacy available given facilities conditions and environment. Examples of recommended technologies or processes include closed networks virtual private networks public key-enabled encryption and transport layer security (TLS)         g.  Encrypt organizational wireless connections and use encrypted wireless connections where available when traveling. If encrypted wireless is not available encrypt document files (e.g. spreadsheet and word processing files) using at least application-provided password protected level encryption.         h.  Transmit voice and fax transmissions only when there is a reasonable assurance that access is limited to authorized recipients.         i. Do not post unclassified DoD information to website pages that are publicly available or have access limited only by domain or Internet protocol restriction. Such information may be posted to website pages that control access by user identification and password user certificates or other technical means and provide protection via use of TLS or other equivalent technologies during transmission. Access control may be provided by the intranet (vice the website itself or the application it hosts)         j.  Provide protection against computer network intrusions and data exfiltration minimally including:     (1) Current and regularly updated malware protection services e.g. anti-virus anti-spyware.     (2) Monitoring and control of both inbound and outbound network traffic (e.g. at the external boundary sub-networks individual hosts) including blocking unauthorized ingress egress and exfiltration through technologies such as firewalls and router policies intrusion prevention or detection services and host-based security services.           (3) Prompt application of security-relevant software patches service packs and hot fixes.         k.  Comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g. medical proprietary critical program information (CPI) personally identifiable information export controlled) as specified in contracts grants and other legal agreements.         l.  Report loss or unauthorized disclosure of unclassified DoD information in accordance with contract grant or other legal agreement requirements and mechanisms.         m. Do not use external IT services (e.g. e-mail content hosting database document processing) unless they provide at least the same level of protection as that specified in the contract or other written agreement.Operations SecurityOperations Security (OPSEC) is concerned with the protection of critical information:  facts about intentions capabilities operations or activities that are needed by adversaries or competitors to bring about failure or unacceptable consequences of mission accomplishment.Critical information includes information regarding:   - Operations missions and exercises test schedules or locations;   - Location/movement of sensitive information equipment or facilities;   - Force structure and readiness (e.g. recall rosters);   - Capabilities vulnerabilities limitations security weaknesses;   - Intrusions/attacks of DoD networks or information systems;   - Network (and system) user IDs and passwords;   - Movements of key personnel or visitors (itineraries agendas etc.); and   - Security classification of equipment systems operations etc.The contractor subcontractors and their personnel shall employ the following countermeasures to mitigate the susceptibility of critical information to exploitation when applicable:   - Practice OPSEC and facilitate OPSEC awareness;   - Immediately retrieve documents from printers assessable by the public;   - Shred sensitive and Controlled Unclassified Information (CUI) documents when no longer needed;   - Protect information from personnel without a need-to-know;   - When promulgating information limit details to that essential for legitimacy;   - During testing and evaluation practice OPSEC methodologies of staging out of sight desensitization or speed of execution whenever possible.Section F - Deliveries or performanceF.O.B. 52.247-34 DestinationSection G252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)252.232-7006 Wide Area Workflow Payment InstructionsSection I – Contract Clauses52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)52.212-4 Contract Terms and Conditions -- Commercial Items (May 2015)52.227-19 Commercial Computer Software License (Dec 2007)52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial ItemsPreselected:52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (Jan 2017)52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)52.233-3 Protest After Award (Aug 1996)52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)Required:52.222-50 Combatting Trafficking in Persons (Mar 2015)52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 201352.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.243-1 Changes Fixed-Price52.246-1 Inspection of Services-Fixed Price (Aug 1996)252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.204-7003 Control of Government Work Product (Apr 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016)252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support (May 2016)252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2020)252-204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 2020)252.211-7003 Item unique identification and valuation (March 2016)252.211-7007 Reporting of Government-Furnished Property (Aug 2012)252.213-7000 Notice to Prospective Suppliers on Use of PPIRS (JUN 2015)252.225-7048 Export Controlled Items (Jun 2013)252.232-7010 Levies on Contract Payments (Dec 2006)252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System252.246-7008 Sources of Electronic Parts252.247-7023 Transportation of Supplies by Sea (Apr 2014)52.252-1-Solicitation Provisions Incorporated by Reference (Feb 1998)52.252-2-Clauses Incorporated by Reference (Feb 1998)Section K – Representations52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017)52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.52.204-26 Covered Telecommunication equipment or services—representation (Oct 2020)52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction (Feb 2016)252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)52.212-3 Offeror Representations and Certifications-Commercial Items (Oct 2018Section L - Instructions Conditions and Notices to Bidders52.212-1 Instructions to Offerors—Commercial Items (Jan 2017)52.204-7 System for Award Management (Jul 201352.204-13 System for Award Management Maintenance JUL 2013)52.204-22 Alternative Line Item Proposal (Jan 2017)52.211-14 Notice of Priority Rating for National Defense Emergency Preparedness and Energy Program Use (Apr 2008)252.213-7000 Notice to Prospective Suppliers on Use of PPIRS (JUN 2015)Section M – Evaluation Factors for Award52.212-2 Evaluation Commercial ItemsFAR Part 13 Best value, SPRS past performance, price, and delivery termsG-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018)This entire contract is firm fixed price.(End of Text)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:  Emily Key Walker        E-mail:  emily.key@navy.mil        Phone: 850-896-7811The Administrative Contracting Officer (ACO) is:Not Applicable(d)  The Contracting Officer’s Representative (COR) is the contracting officer’s appointed representative for technical matters.  The COR is not a contracting officer and does not have the authority to direct the accomplishment of effort which is beyond the scope of the contract or to otherwise change any contract requirements.  An informational copy of the COR appointment letter, which provides a delineation of COR authority and responsibilities, will be provided upon award of this contract.The Contracting Officer’s Representative (COR)  is:Not Applicable(e)  The Alternate Contracting Officer’s Representative (ACOR) is responsible for COR responsibilities and functions in the event that the COR is unavailable due to leave, illness, or other official business.  The ACOR is appointed by the contracting officer; a copy of the ACOR appointment will be provided upon award of this contract.The Alternate Contracting Officer’s Representative (ACOR) is:Not Applicable (f)  The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed.  The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables. The Technical Point of Contact (TPOC) is:Name: Email:   (g)  The Alternate Technical Point of Contact (ATPOC) is responsible for TPOC responsibilities and functions in the event that the TPOC is unavailable due to leave, illness, or other official business.The Alternate Technical Point of Contact (ATPOC) is:Not Applicable (h)  The Ombudsman will review complaints from the contractors and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract.The Ombudsman is:Not Applicable(i)  The Authorized Ordering Person(s) for Per-Call Maintenance is responsible for issuing and maintaining records for any per-call orders for remedial maintenance placed under this contract.  No per-call order shall be placed outside the scope of this contract and the cumulative total of all orders shall not be in excess of any not-to-exceed amount specified in the contract. Per-call orders shall not, in any way, modify any terms and conditions of the contract.(j)  The Authorized Ordering Person(s) for Per-Call Maintenance is:Person(s) listed in (f) with approval from persons listed in ( c ) (i) and (ii).(k)  The Contractor's point of contact for performance under this contract is:Name:  E-mail:Address:  See Block 9 Phone (End of Text)G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018)(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 [Not Applicable].  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 the following holidays: HOLIDAYS*New Year's Day                  Martin Luther King's Birthday  Presidential Inauguration Day (Washington DC metro area only)            President's Day                Memorial Day       Juneteeth           Independence Day                             Labor Day                        Columbus Day                    Veteran's Day                  Thanksgiving Day                Christmas Day                 *   Except for the Presidential Inauguration Day, if the actual date falls on a Saturday, the holiday will be observed the preceding Friday.  If the holiday falls on a Sunday, the observance shall be on the following Monday. The actual date of observance for each of the above 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/snow-dismissal-procedures/federal-holidays/#url.(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                TONSWC-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)