A03_ Performance Work Statement draft 17 sep 24 v1.pdf

Performance Work Statement for DoD Office of General Counsel, Technical, Analytical, Administrative Legal Support Services

September 17, 2024

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide technical and Analytical Support Services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Technical and Analytical Support Services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Office of the General Counsel is headed by the General Counsel of the Department of Defense (DoD). Appointed by the President with the advice and consent of the Senate, the General Counsel is by law the Chief Legal Officer of the DoD (10 U.S.C. § 140). As such, the DoD General Counsel provides legal advice directly to the Secretary of Defense, the Deputy Secretary of Defense, and senior DoD leaders on operational, technological, and other issues critical to DoD’s ability to execute its mission. The DoD General Counsel leads the Office of the General Counsel of the Department of Defense (DoD OGC) and is the Director of the Defense Legal Services Agency (DLSA).

OGC International Affairs (IA) is responsible to the DoD General Counsel for legal advice and principally supports: the DoD General Counsel; the Under Secretary of Defense (Policy); the Assistant Secretaries for International Security Affairs (ISA), Asian and Pacific Security Affairs (APSA), Homeland Defense and Global Security Affairs (D&GS), Strategy, Plans, and Capabilities (SP&C), and Special Operations/Low- Intensity Conflict (SO/LIC). OGC (IA) also works closely with other senior attorneys and policy makers throughout the Department of Defense, the Military Departments, the Joint Staff, the Departments of Justice, State, Treasury, and other U.S. Government agencies.

OGC(IA) responsibilities include providing legal advice on: the constitutional and national security law issues associated with the worldwide activities of the U.S. Armed Forces under U.S. law and international law, including treaties and international agreements, and relevant UN Security Council Resolutions; DoD policy and planning; counterterrorism; the U.S. armed conflict against al-Qaida and the Islamic State of Iraq and Syria (ISIS); law of war; war crimes; war powers; coalition relations and assistance; arms control negotiations and implementation; non- proliferation and cooperative threat reduction; defense trade/export controls and international cooperative research and development programs; status of forces agreements, bilateral and multilateral agreements; international litigation; law of outer space; cyber matters; regional matters (Asia-Pacific, Europe, Central Asia, Middle East, Africa, Southwest Asia, and the Western Hemisphere); and homeland defense/support for civil authorities.

OGC (IA) processes thousands of legal reviews per year. Legal reviews by OGC (IA) are required in many instances before policy decisions or missions can be authorized -- in many instances by the Secretary of Defense or, on occasion, by the President of the United States.

The Deputy General Counsel (Intelligence) (DGC(I)) leads the Intelligence division of the DoD Office of General Counsel and serves as the principal legal advisor to the Office of the Under Secretary of Defense for Intelligence and Security (USD(I&S)). OGC(I) serves as the principal advisors to the General Counsel, Principal Deputy General Counsel, and other Deputy General Counsels for legal advice in the broad areas of intelligence (including clandestine operations, covert action, information operations, computer network operations, counter narcotics operations, cyber operations, space activities, sensitive reconnaissance operations, emerging technology, intelligence policy, counterintelligence policy, intelligence oversight, and intelligence sharing) and security (including personnel and information security, cybersecurity, physical security, CFIUS, industrial security, and security classification policy).

The OGC(I) has primary responsibility to provide legal advice and services relating to intelligence matters to principals and principal assistants within the Office of the Under Secretary of Defense for Intelligence and Security, Under Secretary of Defense for Policy, the DoD Chief Information Officer, the Director, DoD Special Access Program Central Office, as well as the DoD Senior Intelligence Oversight Official, for matters within their respective jurisdictions. In addition, the OGC(I) provides legal advice and support to the General Counsel with respect to Intelligence, Special Access Programs, and the Special Access Programs Oversight Committee. The DGC(I) serves as the primary DoD representative for Intelligence Community Interagency Lawyers group matters. The DGC(I) serves as the supervisor for the General Counsels of the Defense Intelligence Agency, National Geospatial-Intelligence Agency, National Security Agency, National Reconnaissance Office, and Defense Counterintelligence and Security Agency.

The OGC, Office of Information Counsel (OIC) is responsible for providing legal advice on information law and conducting document review and providing other legal support services to the DoD Office of General Counsel. Specifically, OIC provides DoD-wide legal advice and assistance on a variety of information law areas, including FOIA; privacy; civil liberties; records management; rulemaking; public affairs; collections of information; and litigation support, inquiries, and investigations. This practice area generally encompasses legal support concerning the creation, collection, use, maintenance, retention, safeguarding, disclosure of data and records. OIC collects and processes hundreds of thousands of documents per year for use in a variety of areas including, but not limited to FOIA, civil litigation, congressional and other inquiries and investigations.

OIC and the Washington Headquarters Services (WHS) Executive Services Directorate (ESD), Freedom of Information Division (FOID) are required to identify, process, and produce a large volume of government records pursuant to statutory, administrative, and litigation obligations. These obligations have increased exponentially every year and exceed the capacity of current government staff and Contractor support is necessary to satisfy legal obligations and deadlines.

Support will also involve other OGC offices. OGC processes thousands of legal reviews per year. Legal reviews by OGC are required in many instances before policy decisions or missions can be authorized -- in many instances by the Secretary of Defense or, on occasion, by the President of the United States.

1.3 Objectives: The Government is seeking to obtain contractor support services and expertise that will assist OGC and WHS FOID to continue to provide highly effective and timely legal review and advice in support of DoD mission requirements and in coordination with other U.S. Government departments and agencies. Contractor personnel must be able to identify agency equities and information exempt from release in accordance with the statutes, regulations, and rules outlined in Technical Exhibit 2 as well as any governing court orders or other legal authorities. Support services shall include analytical and administrative assistance in the processing of Government information for release in a variety of contexts including, but not limited to civil litigation involving the DoD, the Office of the Secretary of Defense (OSD), the Joint Staff (JS), congressional inquiries and investigations, FOIA requests, and other records processing needs.

General: This is a non-personnel services contract to provide technical, analytical, administrative and litigation support services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The contractor shall provide all personnel, supervision, and non-personnel services necessary to perform the analytical, administrative, and litigation support services, as defined in this PWS. The contractor shall perform to the standards in this contract.

1.4 Scope: Provide research, analysis, and administrative support for the daily tasks required by OGC(IA).

General: This is a non-personnel services contract. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.5 Period of Performance: The base period of performance is one year, with four renewable one-year options at the discretion of the government and in accordance with option exercise terms and conditions herein.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be delivered via electronic mail within 10 days of contract award. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The contractor must, at all times, maintain the number of personnel sufficient to perform all the tasks defined within this PWS, without interruption, when the Government facility is not closed for the below reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential to the successful performance of its services.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The responsible OGC attorney or FOID personnel will confirm Contractor case quality once work is completed and submitted for inspection. Casework will be reviewed and approved either by the assigned OGC Attorney or FOID personnel, depending on which office has primary processing responsibility for a given matter. The responsible OGC Attorney or FOID personnel may reject the Contractor’s work and return it to the Contractor for correction within five business days of the work does not meet OGC or FOID standards.

1.6.3 Recognized Holidays:

New Year’s Day, January 1.

Martin Luther King Jr.’s Birthday, the third Monday in January.

President’s Day, the third Monday in February.

Memorial Day, the last Monday in May.

Juneteenth National Independence Day, June 19.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00 a.m. – 6:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.6.5 Place of Performance: The work to be performed under this contract will be performed in offices located in the Pentagon or in offices located in or around the Washington DC area.

1.6.6 Type of Contract: The government will award a Firm Fixed Price Contract type.

1.6.7 Security Requirements: All tasks must be conducted in full compliance with DoD security regulations. Contractors submitting a quotation for this requirement must have personnel that are cleared at the Secret or Top-Secret level. Work performed in OGC spaces under this contract is TOP SECRET/SCI.

Work performed in OGC (IA) and OGC (Intel) spaces under this contract requires TOP SECRET/Sensitive Compartment Information (TS/SCI). All contractor personnel working in OGC (IA) spaces will need to hold an active TOP SECRET clearance and be eligible for SCI access throughout the term of the contract. TOP SECRET facility clearance is required for work performed in OGC (Legal Counsel), OGC (OIC), and OGC (Litigation Counsel) spaces under this contract.

Contractor personnel designated to perform and deliver services under this contract must have an active clearance at the level of SECRET or TOP SECRET at the time of proposal submission and maintain the appropriate level for the period of performance. No interim clearances will be approved. Contractor personnel must also be eligible to obtain access to sensitive compartmented information (SCI). The Contractor shall comply with all applicable Department of Defense security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard classified information, procurement sensitive information, computer systems and data, privacy act data, pre-decisional work-product, attorney work-product, privileged attorney-client communications, and Government personnel work products that are obtained or generated in the performance of this contract. If necessary, the Contractor will be required to provide clearances for personnel requiring access to Government computers and workstations.

Personnel who support this effort must have a TOP SECRET/SCI clearance, unless otherwise indicated, at the time of submission of the quotation or an active Top-Secret clearance with adjudicated SCI eligibility at the beginning of the performance period. If the TS/SCI adjudication date is more than five years old, please indicate whether the periodic reinvestigation is in progress. Otherwise, the Government will assume that the clearance has lapsed.

The Contractor shall comply with all applicable Department of Defense security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data, and Government personnel work products that are obtained or generated in the performance of this contract. If necessary, the Contractor will be required to provide clearances for personnel requiring access to Government computers and workstations. See Attachment “DD254,” for details.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured. The Contractor shall comply with all applicable Department of Defense security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard classified information, procurement sensitive information, computer systems and data, privacy act data, pre-decisional work-product, attorney work-product, privileged attorney-client communications, and Government personnel work products that are obtained or generated in the performance of this contract. If necessary, the Contractor will be required to provide clearances for personnel requiring access to Government computers and workstations.

1.6.7.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.7.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7.3 Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications: N/A

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract:

issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 * Key Personnel: The follow personnel are considered key personnel by the government: Senior Administrator, (2,) Legal Analysts, Office Coordinator and (2) Document Analysts. All Key Personnel must have an Active TS/SCI clearance. During the first ninety (90) calendar days of performance of any order, the Contractor shall make no substitutions of key personnel unless illness, death, or termination of employment necessitates the substitution. The Contractor shall notify the Contracting Officer as soon as possible after the occurrence of any of these events. In addition, the Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete résumés for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer shall notify the Contractor within ten (10) business days whether the substitute is acceptable.

Acceptability will be based on a comparison of the proposed key personnel résumé to that of the minimum qualifications.

After the initial ninety (90) calendar days of performance, the Contractor may propose substitutions. The Contractor shall submit résumés for the proposed substitutes to the Contracting Officer. The Contracting Officer may request additional information as needed. The contractor shall backfill any permanent vacant position with thirty (30) calendar days. The thirty (30) calendar-day clock begins the day after the vacating employee’s last day of work. If any position is not filled with the thirty (30) calendar-day window, the Government reserves the right to request reimbursement of that position for the length of its vacancy beginning on day thirty-one (31).

The Contracting Officer shall notify the Contractor within ten (10) business days whether the substitute is acceptable. Acceptability will be based on a comparison of the proposed key personnel résumé to that of the incumbent.

Deliverables and Departing Personnel: All contract deliverables are expected to continue regardless of any departing or on-boarding of personnel, personnel on short-term or long-term leave or any vacant positions.

Contractor shall backfill any permanently vacant position with thirty (30) calendar days. The thirty (30) calendar-day clock begins the day after the vacating employee’s last day of work. If any position is not filled with the thirty (30) calendar-day window, the Government reserves the right to request reimbursement of that position for the length of its vacancy beginning on day thirty-one (31).

The minimum qualifications for each key personnel are as follows:

1.6.11.1 Senior Administrator.

Contractor shall have 5 years of relevant experience.

Bachelor’s Degree and/or Master’s Degree.

DoD experience preferred.

1.6.11.2 Legal Analyst II.

Contractor shall have 3 years of relevant experience.

Master’s degree and/or other postgraduate degree.

Experience working with legal documents and or international relations is preferred.

DoD experience preferred.

1.6.11.3 Legal Analyst I

Contractor shall have 3 years of relevant experience.

Bachelor’s degree. Master’s degree preferred.

Previous government, law office, corporate general counsel office, or JAG office experience is highly desired.

DoD experience preferred.

1.6.11.4 Office Coordinator.

Contractor shall have 6 years of relevant experience with administrative work and knowledge functions, processes, practices, and procedures.

Bachelor’s Degree.

DoD experience preferred.

1.6.11.5 Document Analysts (2).

Contractor shall have 3 years of relevant experience.

Previous experience with archiving documents and chronological filing.

DoD experience is preferred.

Project Manager, OGC(OIC) (1) Contractor will hold TOP SECRET security clearance with SCI eligibility.

Contractor shall have five years of relevant project and personnel management experience.

Certification in project management or equivalent project management experience.

Bachelor’s degree.

Previous government, law office experience is desired.

DoD experience is preferred.

Senior Administrative Specialist, OGC(OIC) (1)

Contractor will hold Top Secret security clearance with SCI eligibility.

Three years of relevant experience including experience using and maintaining SharePoint site, database management, experience using the Microsoft Office Suite including maintaining electronic tracking spreadsheets, creating electronic and paper folders, and creating and organizing case files.

Associate degree, bachelor’s degree preferred.

Previous government, law office, and/or DoD experience preferred.

E-Discovery experience preferred.

Administrative Specialist, OGC(OIC) (3)

Contractor will hold Secret security clearance.

Two years of relevant experience including experience using and maintaining SharePoint site, experience using the

Microsoft Office Suite.

Administrative Specialist, OGC (Legal Counsel) (1)

Two years of relevant experience including experience using and maintaining SharePoint site, experience using the

Microsoft Office Suite.

Administrative Specialist, OGC (Litigation Counsel) (1)

Two years of relevant experience including experience using and maintaining SharePoint site, experience using the

Microsoft Office Suite.

Administrative Specialist, WHS FOID (1)

Associate degree, Bachelor’s degree preferred.

Three years of experience in administrative support services, to include creating electronic and paper folders, processing documents in accordance with FOIA tasking procedures, tracking referrals and ensuring consultation and referral deadlines are met, and establishing and organizing case files. One to two years familiarity with database management, project management, and electronic redaction software.

Experience using an e-discovery software tool, preferred.

Senior Legal Analysts, OGC(OIC) (4)

Contractor shall have five years of relevant experience including one year of experience using e-Discovery software.

Bachelor’s degree; Master’s degree preferred.

Previous government, law office, corporate general counsel office, or JAG office experience is highly desired.

Legal Analysts, OGC(OIC) (16)

Three years of relevant experience, including experience using e-Discovery software for analyzing and processing data.

Bachelor’s Degree or 5 years legal analyst experience.

FOIA Analysts, WHS FOID (3)

Associate degree, bachelor’s degree preferred.

Three years of experience in administrative support services and experience processing FOIA requests, conducing reviews of documents to determine if information warrants protections under any of the FOIA exemptions, knowledge of classification and declassification regulations, working knowledge of the FOIA and electronic redaction software.

1.6.12 Identification of Contractor Employees: All Contractor personnel performing work under this contract shall conspicuously display a government-issued photo identification badge or badges as appropriate. Badges shall display, at a minimum, the Contractor personnel’s full name and the legal name under which the Contractor is doing business. Contractor personnel shall wear their badges while attending meetings and will identify themselves as contractor personnel, stating their name and their company’s name. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The Contractor shall immediately notify the Contracting Officer’s Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.

1.6.13 Organizational Conflict of Interest & Non-Disclosure Agreement: All Contractor personnel who perform work under this contract, shall execute and sign a non-disclosure statement provided as an attachment to this task order. A signed copy of this statement shall be provided to the Contracting Officer and to the COR within 5 days of contract award.

1.6.14 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.15 Privacy: Contractor personnel may have access to information subject to the Privacy Act in the performance of this task. All assigned Contractor personnel shall comply with all the requirements of the Privacy Act. The Contractor is responsible for providing all its personnel working on this contract with Privacy Act training and providing notice of completion of such training to the COR.

1.6.16 Monthly Reports: The Contractor is responsible for submitting a monthly progress report. The Contractor shall propose a format to be approved by the Government that meets the intent of the report, which shall include, at a minimum, the following: 1) status of the tasks and deliverables, 2) discussion of activities that map back to the tasks and deliverables identified in the task order including a summary of briefings, meetings, or visits and accomplishments during the reporting period; 3) milestones achieved; 4) anticipated activity for the next reporting period; and 5) problems encountered or anticipated, and recommended resolutions.

The report will discuss the overall contract status to include employee schedules; challenges, the actions taken, and the results of the actions; issues; concerns; and highlights of the previous month. Additionally, the report should include other information that the Contractor deems appropriate or that the COR, the Contracting Officer, and the Contractor have agreed upon. The report shall be submitted via electronic means to the COR no later than the 10th of each month.

1.6.17 Monthly Contact Funds Report: The Contractor shall provide a monthly contract funds report detailing financial information including the amount of award by CLIN, invoiced costs for period submitted, amount invoiced to date, amount remaining, and percentage remaining. Additionally, the report should include other information that the Contractor deems appropriate or that the COR, the Contracting

Officer, and the Contractor have agreed upon. The report shall be submitted via electronic means to the COR no later than the 10th of each month.

1.6.18 Final Report: The Contractor shall provide a final report to the COR. The final report shall include the following: (1) location of all Government work products generated by the Contractor; (2) pending tasks/action requiring the Government’s attention; (3) problems or constraints encountered; and (4) suggested solutions to problems or constraints encountered. The Contractor shall provide all data deliverables in a hard copy format, in English, with an editable electronic version to the COR no later than 10 days following the end of this contract, and each subsequent option.

1.6.19 Personnel Identity Verification of Contractor Personnel (FAR 52.204-9): The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

The Contractor shall insert this clause in all subcontracts when the Subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.

The Contractor shall insert this clause in all subcontracts when the Subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.

1.6.20 : Attestation of Security Responsibility (DFARS 252.204-7005): Contractor employees cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive Compartmented Information (SCI) shall attest orally that they will conform to the conditions and responsibilities imposed by law or regulation on those granted access. Reading aloud the first paragraph of Standard Form 312, Classified Information Nondisclosure Agreement, in the presence of a person designated by the Contractor for this purpose, and a witness, will satisfy this requirement. Contractor employees currently cleared for access to TS, SAP, or SCI may attest orally to their security responsibilities when being briefed into a new program or during their annual refresher briefing. There is no requirement to retain a separate record of the oral attestation.

If an employee refuses to attest orally to security responsibilities, the Contractor shall deny the employee access to classified information and shall submit a report to the Contractor’s security activity. (End Clause)

1.6.21 : Disclosure and Avoidance of Inherently Governmental Functions: The Contractor shall not perform or give the appearance of performing inherently governmental functions as described in FAR Part 2 and Subpart 7.5, and applicable DoD policy. None of the services to be performed are inherently governmental functions. All Contractor personnel shall identify themselves as Contractor Support in all forms of communication during the performance of their duties under this Agreement. In accordance with DFARS 211.106, Contractor personnel shall never identify themselves as representing the Government, but rather shall identify themselves as being under contract to Government. The Contractor shall:

Answer all telephone calls and have a personalized voice message with an introductory statement that includes the fact that the person is contracted support.

Include a title block in all emails that states the fact that the person is contracted support.

Ensure all those with whom the person interacts in any face-to-face dealings while supporting the Government understands that the person is contracted support.

Contractor personnel shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The Contractor shall immediately notify the Contracting Officer’s Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative BCTF Boards, Commissions, and Task Forces CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DD Form 254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EM Enterprise Management Directorate FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit WHS Washington Headquarters Services

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: N/A

3.2 Facilities: The Government will provide working space and all equipment needed for the duration of the contract. The Government will provide access to the NIPR-Net and SIPR-Net and classified storage as required. The Contractor shall use Government-furnished facilities and equipment and Contractor facilities, as necessary, to accomplish tasks required under this contract.

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Secret Facility Clearance: The contractor shall possess and maintain a SECRET facility clearance from the Defense Security Service. The Contractor’s employees, performing work in support of this contract shall have been granted a SECRET security clearance from the Defense Industrial Security Clearance Office.

4.3. Materials: N/A

4.4. Equipment: N/A

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall be directly responsible for ensuring the accuracy, timeliness, and completion of all tasks under this effort. The tasks are as follows: All contractor support tasks include:

1. Providing research, analysis, and administrative support for the daily tasks required of OGC and WHS FOID within its current concept of operations (ConOps).

2. Working with the DGC (IA), DGC (Intel), DGC(LC) and other OGC offices and Associate General Counsels for those offices and Chief FOID and other Government and contract personnel staffing these offices.

3. Communicating with OGC clients regarding the staffing of their packages, taskers, cases, and other related matters.

4. Editing and incorporating edits from attorneys onto working legal files using Office 365, Microsoft Word, Windows

11, and various data bases, including SharePoint Opening and closing actions using the OGC suspense tracking system (STS) data file system. Supporting efforts by performing search and data entry in the system.

5. Answering phones, maintain calendars, escorting non-cleared visitors in the office, maintaining files (hard and electronic), and preparing correspondence.

6. Utilizing the OGC STS data file system.

7. Supporting efforts with utilizing the International Agreements Data Base (IAD) by performing search, data entry, and scanning.

8. Attend selected meetings and provide a synopsis of the proceedings to OGC staff.

9. Coordinating packages within OGC, and with other OSD offices, the Joint Staff, DoD components and agencies, and other U.S. Government departments and agencies.

10. Providing preliminary review of legal files for sufficiency before final review by a government attorney.

11. Assist in the identification of classified information, Restricted or Formerly Restricted Data, and militarily critical technology and report to Program Manager and COR.

12. Coordinate with OSD/JS and DoD components for review of responsive records and delivery of cases to and from component offices.

13. Assist in the identification and handling of NATO classified and unclassified information.

14. Assist in the identification and handling of non-OSD/JS component equities (including DoD and intelligence community equities).

15. Conduct appropriate coordination, as needed, and document accordingly.

16. Perform appropriate open and closure procedures of secure workspaces and areas.

17. Attend OGC, FOID, and/or local DOJ training and other relevant training, as needed.

5.2. Task Heading.

5.2.1. Senior Administrative support shall include, but not limited to:

1. Providing initial analysis, review, and support for international agreements.

2. Providing preliminary review and preliminarily preparing orders authorizing the deployment of

U.S. forces worldwide, orders to execute military operations, and rules of engagement.

3. Providing preliminary reviews, research, and technical support on all aspects of defense-related international agreements, including but not limited to, defense trade cooperation treaties, intellectual property agreements, international cooperative agreements, acquisition and cross-servicing agreements, and status of forces agreements before final review by a government attorney.

4. Preparing preliminary reviews of significant military exercises briefs, freedom of navigation operations, security assistance-related support to and with numerous partner countries, and other legal matters associated with the presence, activities, and operations of the U.S. Armed Forces globally.

5. Conducting legal research, as necessary.

5.2.2 Legal Analyst support shall include, but is not limited to:

1. Reviewing, and analyzing legal and non-legal DoD documents, files, and international agreements before final review by a government attorney.

2. Utilizing the Defense Travel System.

3. Hand carrying legal actions to other coordinating offices.

4. Making copies, scanning documents, producing files, assisting in scheduling monthly reports, and maintaining basic office functions.

5. Preparing daily leadership books for the Deputy General Counsel.

6. Preparing travel arrangements for the Deputy General Counsel.

7. Having a comprehensive understanding of DoD, the Joint Staff, and the Military Departments’ standards of practices.

8. Accomplishing tasks utilizing strong organizational and administrative skills; an ability to read, interpret, and understand legal documents and research legal sources; and communicating clearly to attorneys.

5.2.3. Document Analyst support shall include, but is not limited to:

1. Screening, preparing, and indexing legal review files before they are sent for storage and archiving.

2. Indexing and archiving legal files with knowledge and understanding of chronicling data domestically and internationally.

3. Codification and categorization of domestic and international documents in relevant databases.

4. Coordinating with DoD components and agencies to ensure the submission of all international agreements in addition to the submission of the annual (cumulative) International Agreement Indices to OGC (IA).

5. Maintaining the Master International Agreements Index (IAI).

6. Reviewing international agreements submitted to OGC (IA) for accuracy.

7. Converting all international agreements to electronic form and incorporating them into the IAD. This includes document preparation, scanning, transferring scanned documents to storage media, updating the database with the scanned agreement, and performing final quality checks. This may require movement of sensitive or classified documents from OGC to U.S. Government storage facilities, following DoD security guidelines for transportation, check-in, and facility security while the documents are in the possession of the contractor.

8. Distinguishing classified information from unclassified information when archiving legal files.

9. Replacing photo-reduced, illegible images of maps/agreements with high-resolution, full-sized scans.

10. Continuously monitoring and maintaining security conditions and protection of the IAD.

11. Maintaining the IAD and its supporting applications and structures.

5.2.4 Office Coordinator support shall include, but is not limited to:

1. Coordinate scheduling and front desk coverage to ensure proper coverage during core hours.

Support shall include proper coverage regardless of contractor personnel absences, leave, etc.

2. Update business rules and standards of practice (SOPs) and ensure all personnel (contractor and government) have access.

3. Ensure all contractor personnel are in-processed and familiarized with office support.

4. Ensure operational and administrative issues are addressed timely with satisfactory resolutions.

5. Addressing and managing office workflow tasks (tracking, organizing, and archiving) and knowledge management activities for OGC (IA) attorneys and contractor staff, including but not limited to, managing office logistics and supply, developing and maintaining office standard operating procedures and personnel administrative support.

6. Developing and implementing office knowledge management, including record archive and retrieval, managing and organizing physical and electronic files, and coordinating support of in-processing and out-processing personnel.

7. Establishing procedures with the Deputy General Counsel, and ensuring those procedures are promptly followed when opening, tracking, closing, and scanning OGC actions.

8. Tracking leave, travel, and other absences of office personnel.

9. Serving as the office security coordinator, responsible for implementing office security procedures in accordance with regulations and the OGC security manager and maintaining visitor access rosters and logs.

10. Serving as the office safety officer responsible for office-level safety tasks, such as inspecting fire extinguishers and providing office safety coordination.

5.2.5 Knowledge Management Analyst/Developer (1.0 FTE)

1. OGC requires a Knowledge Management Analyst/Developer to provide support on-site in designing and implementing technologies to promote knowledge management and collaboration.

2. The Developer will provide support in developing storage platforms, indexing strategies and user interfaces for knowledge assets as needed.

3. The Developer will draw out, capture and categorize business operations information by communications with stakeholders and implement workflows/processes to manage information using knowledge…