Attch 2 - Performance Work Statement.pdf

Department of Energy/National Nuclear Security Administration Office of Defense Nuclear Security (NA-70)/Classification Division (NA-746)

Technical and Analytical Support Services

PERFORMANCE WORK STATEMENT

1.0 Introduction

The Office of the Associate Administrator for Defense Nuclear Security (DNS/NA-70) is responsible for the overall direction and management of security programs at NNSA facilities.

DNS serves as the cognizant organization for providing engineering, technical, operational, and administrative security support and oversight to both line management and field elements in order to assure effective security at NNSA facilities, to include the physical, personnel, materials control and accounting, classified and sensitive information protection, and technical security programs. DNS acts as a liaison, and provides advice and assistance to the DOE Office of Environment, Health, Safety and Security (EHSS) for Departmental security policy and to the DOE Office of Intelligence and Counterintelligence (IN). The Associate Administrator for Defense Nuclear Security also serves in a dual capacity as the Chief, Defense Nuclear Security, pursuant to section 3232 of the National Nuclear Security Administration Act (Title 32 of Public Law No. 106-65):

General Statement of Functions

The Office of the Chief, Defense Nuclear Security (CDNS) executes responsibility for the overall direction and management of security programs employed across the Nuclear Security Enterprise (NSE) comprised of National Nuclear Security Administration (NNSA) operations and facilities. The CDNS is charged with the development and implementation of all security programs within NNSA facilities, policy implementation, and the continuous improvement of program integration, and standardization.

The office maintains a working relationship with the DOE Office of the Chief Information Officer, and other Federal agencies, particularly the Department of Defense (DoD) and the Nuclear Regulatory Commission, in the development and implementation of security architecture, comprised of policies and programs that support an effective and sustained security posture for the nuclear security enterprise and represents NNSA during interagency and international nuclear security collaboration and outreach efforts.

The CDNS also maintains the function of the NNSA Liaison to the DOE Office of Intelligence and Counterintelligence. Section 3117 of the FY 2007 NDAA amended Section 3218 of the NNSA Act (50 U.S.C. 2408) to specify within the list of NNSA staff functions a new responsibility, “Liaison with the Department of Energy’s Office of Intelligence and Counterintelligence”. Report language associated with the NDAA specifies the congressional intent: Second, conferees would create, within the staff of the Administrator of the NNSA, a position of NNSA Intelligence and Counterintelligence Liaison that would be responsible for liaison between NNSA and the Department’s Office of Intelligence and Counterintelligence.

(109TH CONGRESS 2nd Session REPORT 2006 109–702).

Functions

1. Development and implementation of NNSA-wide security programs, and overseeing program execution by line management organizations;

2. Management of the NNSA-wide Defense Nuclear Security budget;

3. Development of security program planning guidance for use in the formulation of NNSA facility protection programs. Coordination in the development, on-site validation, and approval processes for security plans, vulnerability assessments, Graded Security Protection (GSP) implementation plans, and similar program support documentation;

4. Serves as one of DOE’s three Chief Security Officers reporting to the Under Secretary.

NNSA’s Chief Security Officer is responsible for implementing security policy for their respective facilities, creating clear lines of responsibility and accountability across the DOE complex to support effective and agile decision-making and emergency response.

5. Provides NNSA perspective as part of the nucleus of the Departmental Security Committee, chaired by the Associate Deputy Secretary. The Security Committee will be responsible for developing unified security strategies and policies that protect our workforce and physical and information assets, and surrounding communities.

6. Maintain the function of NNSA liaison with the DOE Office of Intelligence and Counterintelligence (DOE/IN) to support development of strategic security requirements, this position carries out the following responsibilities:

a. Serve as the NNSA Intelligence and Counterintelligence Liaison, responsible for liaison between NNSA and DOE’s Office of Intelligence and Counterintelligence (IN).

Ensure senior NNSA management officials receive essential foreign intelligence (FI) and counterintelligence (CI) information.

b. Provide advice and act on a broad range of NNSA management and organizational issues that have a nexus with the DOE IN.

c. Serve as the principal NNSA interface/liaison between the DOE counterintelligence element and NNSA’s Internal Affairs on all matters of a counterintelligence nature as related to NNSA’s programmatic, administrative, and management concern.

d. Support the NNSA Administrator’s participation in the Department’s development and promulgation of counterintelligence and intelligence policies, requirements and priorities

e. Reviews proposed and enacted legislation, directives or policies that could impact the character of FI and CI activities carried out in support of NNSA. Coordinates with DOE IN, NNSA General Counsel (GC) and other offices and agencies regarding mission impacts.

f. Consults on organizational development and personnel matters, to include review of fitness for duty evaluations and Human Reliability Programs (HRP) as required.

g. Develops and coordinates testimony and position papers regarding FI and CI issues affecting NNSA in response to Congressional and Executive Branch tasking.

Office of Personnel and Facility Clearances and Classification NA-74 Mission

The Office of Personnel and Facility Clearance and Classification (NA-74) implements the personnel security access authorization (PERSEC/AA) program for NNSA field sites and the Facility Clearance (FCL) Program for NNSA sites and NNSA HQ (Washington DC and Germantown offices). Oversees the nuclear security enterprise-wide Classification Program which includes the management, oversight, and assessment of the Classification Program.

Classification, declassification and trans-classification of NNSA information in accordance with the Atomic Energy Act, 32 CFR 2001, and implementing directives. The work scope for Personnel Security Program includes administrative actions supporting approximately 48,000 NNSA Federal and contractor personnel working in the NNSA. NA-74 also manages the Facility Clearance Program, to include Foreign Ownership, Control or Influence (FOCI) for the NNSA, as well as, completing HSPD-12 sponsorship for non-M&O support service contractors in the NNSA field. In a typical year NA-74's work scope includes 42,000 actions in support of the Personnel Security Program (submissions to OPM/FBI, grants, continues, terminations, HRP file reviews, suspensions, etc.); over 1,100 Facility Clearances actions; greater than 200 FOCI reviews and support for over 150 other Government Agency actions. NA-74 also typically completes greater than 850 HSPD-12 sponsorship actions in a given year. The mission of the Classification Division (NA-746) is to establish the full spectrum of management functions to oversee the nuclear security enterprise-wide Classification Program which includes management, oversight, and assessment of the Classification Program and classification, declassification and trans-classification of NNSA information in accordance with the Atomic Energy Act, 32 CFR 2001, and implementing directives.

Functions

Classification Division NA-746

1. Manages the Nuclear Security Enterprise-wide Classification Program for NNSA in coordination with the DOE Office of Classification. Classifies, declassifies or trans-classifies information concerning NNSA in accordance with the Atomic Energy Act, 32 CFR 2001 and implementing directives.

2. Develops recommended NNSA positions for NA-70 regarding initial determination of classification of nuclear-related information under NNSA cognizance, to include declassification and trans-classification of Restricted Data information; declassification of Formerly Restricted Data; original classification of National Security Information; and declassification, downgrade, or upgrade action concerning NNSA information.

3. Develops, reviews, and concurs on Classification Guidance pertaining to NNSA and develops and issues NNSA-specific instructions for implementing DOE 0 475.2B, DOE 0 471.lB, DOE 0 471.3 chg. 1, and DOE M 471.3-1 chg. 1 as necessary.

4. Conducts, in partnership with NNSA Field Elements, assessments of Classification Program programs in accordance with 32 C.F.R. 2001, DOE 0 475.2B, and DOE 0 471.l B.

5. Provides expert consultation and classification support to Other Government Agencies (e.g. DOJ, GAO, DNFSB, etc.) as requested and conducts FOIA reviews and mandatory reviews as required by 32 C.F.R. 2001.

6. Provides classification support to NNSA HQ and field elements, and manages the training and testing of NNSA Federal and contractor Classification Officers, Original Classifiers, Derivative Declassifiers, and HQ Classification Representatives.

7. Appoints NNSA Federal and contractor Classification Officers, Original Classifiers, Derivative Declassifiers, Headquarters Classification Representatives, Headquarters Derivative Classifiers, and Headquarters Unclassified Controlled Nuclear Information (UCNI) Reviewing Officials.

2.0 Scope

This Performance Work Statement encompasses all major functional areas of responsibility necessary to provide classification, declassification and controlled unclassified information support for the Classification Division, NA-746:

Technical support Document reviews Program-specific training Classification Program assessments Classifier support Litigation support (as required)

3.0 Tasks

Tasks will include classification, declassification and controlled unclassified information services to support the mission of the Classification Division, NA-746. Such services shall include, but not be limited to, expert advice and guidance on classification, declassification and information policy and technical application decisions pertaining to NNSA information. See below for details regarding tasks.

4.0 Litigation Support (As Required)

Litigation Support is defined as the Government’s unilateral ability to add additional classifiers/de-classifiers to the contract. Litigation support will be activated when needed, and require additional DC’s to perform litigation support. Prior to the exercise of any litigation support, the Contracting Officer Representative (COR) will notify the contractor at least 60 days in advance to describe the requirement. Each litigation support FTE will be billed under the Time and Material (T&M) Contract Line Item Number (CLIN) corresponding to the current period of performance. Litigation support FTEs are subject to the requirements for litigation support derivative classifiers outlined in Section 12.0 – 14.0 below.

5.0 Travel

Some travel to DOE/NNSA sites/facilities, or other locations, may be required to support program requirements and training. All Travel supporting this effort will be billed under the T&M CLIN corresponding to the current period of performance.

6.0 Contractor Furnished Resources

Office space with appropriate office equipment meeting requirements for the protection of classified and controlled unclassified information, including: handling, storage, and transmission (electronic/hard copy).

7.0 Certifications and Training Requirements

Derivative Classifiers, Derivative Declassifiers and UCNI Reviewing Officials shall be proficient and certified in accordance with DOE directives and have sufficient nuclear weapons/NNSA experience to be certified by the NNSA Classification Officer in all classification guides pertaining to NNSA information. Initial and periodic refresher training must be completed per DOE/NNSA requirements. Personnel shall also be proficient with DOE/NNSA Classified Matter Protection and Control requirements, including applicable initial and refresher training. The required connection to DOE/NNSA secure computer services will require initial periodic refresher training per DOE/NNSA requirements.

8.0 Security Clearance Requirement

All personnel (including subcontractors, if any) must have an active DOE Q-level or Department of Defense Top Secret clearance, based upon a single scope background investigation conducted within the past five (5) years. Due to information access requirements all personnel may be subject to 10 CFR Part 709, the Counterintelligence Evaluation Program, which may include mandatory, for cause, and/or random polygraphs.

9.0 Place of Performance

The services specified shall be performed in contractor-provided office space. Contractor work space must be approved for storage and handling of classified material up to Secret Restricted Data.

10.0 Period of Performance

The period of performance will include one base year (inclusive of a 30-day transition period) with four, one-year option periods.

11.0 Statutory and Regulatory Requirements for Handling Classified and Controlled

Unclassified Information

The contractor shall comply with all statutes, regulations, Executive Orders (EO), DOE Orders, DOE Directives, etc., governing access to and handling, marking, and release of classified and controlled unclassified information, including (but not limited to): The Atomic Energy Act of 1954 (as amended), Executive Order (EO) 13526, EO 13556, 10 Code of Federal Regulation (CFR) 1045, 10 CFR 1017, 32 CFR 2001, DOE O 470.4B and its Contract Requirement Document (CRD), DOE O 471.1B and its CRD, DOE O 471.3 and its CRD, DOE O 471.6 and its CRD, DOE O 475.2B and its CRD, and DOE M 471.3-1 and its CRD, and succeeding/superseding statutes, regulations, EOs, and DOE Orders/directives.

The contractor must provide a facility and computer/communication equipment approved to generate, process, store and protect classified information up to and including Secret/Restricted Data must be available upon contract award. The facility shall have all the necessary telecommunications and computing equipment that is compliant with DOE/NNSA regulations and policies for the processing and transmitting of classified information at the level the facility clearance is held (i.e. Secret/Restricted Data). The facility shall have the necessary controls and access authorizations in place to handle Sigma 15 and 18 information. The facility shall, upon contract award, have an active Facility Clearance as documented in the DOE/NNSA Safeguards and Security Information Management System (SSIMS).

12.0 Labor Category Qualifications

The contractor shall provide qualified personnel with the following minimum qualifications/competencies:

1. Derivative Classifier/Declassifier: 10 years of derivative classifier/declassifier experience with resume demonstrating knowledge of DOE/NNSA classification program implementation. Resume demonstrating knowledge of the Atomic Energy Act, DOE directives and DOE/NNSA Classification Guidance; and certification as a DOE/NNSA DC/DD with authorities as outlined in the Performance Work Statement (PWS).

2. Program Manager: 10 years of experience with DOE/NNSA Classification Program Implementation; and resume demonstrating experience with program management and reporting requirements for DOE/NNSA contract management. Resume must also demonstrate knowledge of the Atomic Energy Act, DOE Directives, and DOE/NNSA classification guidance.

3. Security: 5 years of experience with physical security, and resume demonstrating knowledge of DOE physical security requirements including protection strategies for facilities certified to handle classified information and telecommunications equipment.

Resume must also demonstrate knowledge of security requirements associated with DOE/NNSA Vault Type Room utilization and maintenance.

4. Program Support: Experience providing technical and administrative support services including creating draft reports, draft invoices for review, filing information, document creation, document editing, etc. No minimum years of experience required.

5. Litigation Support Derivative Classifier/Declassifier (as required): 5 years of derivative classifier/declassifier experience with a resume demonstrating knowledge of DOE/NNSA classification program implementation. Resume demonstrating knowledge of the Atomic Energy Act, DOE directives and DOE/NNSA Classification Guidance; and certification as a DOE/NNSA DC/DD with broad authority for NNSA programs.

13.0 Labor Category Information Chart

Labor Category Key Personnel FTE Required

(DPLH 1880)

Clearance Level

Start Date for Personnel

Derivative Classifier/Classifier

X

Q

Award Effective Date

Program Manager X 1 Q Award Effective Date Security 0.5 Q Award Effective Date Program Support 2.5 Q Award Effective Date

Litigation Derivative Classifier/Classifier

Up to 20

Q

As Required

(Not at Award)

14.0 Requirements per Labor Category

This is a T&M contract so only actual hours worked will be paid. It is estimated that five (5) FTE DCs will be needed for normal operational efforts upon contract award. The litigation support requirement is unknown, but capped at up to twenty (20) DCs dependent on future need.

Labor Category Task Description Quantity Average Output

Classifier/Declassifier

Technical Support - Technical review and documentation of comments on new/ revised classification guidance. 30 Guides (Annually) 80 hours (hrs)/guide

Derivative Classifier/Declassifier

Technical Support - Technical review and documentation of comments on new/ revised classification guidance.

12 Bulletins (Annually) 40 hrs/bulletin

Derivative Classifier/Declassifier

Document Reviews - Reviews of assorted material to identify classified/sensitive/unclassified information.

8+ Reviews (Monthly) 6 hrs/review

Derivative Classifier/Declassifier

Program Specific Training - Maintain program-specific training packages; Update to reflect revisions to classification guidance, program scope, resolutions of comments.

11 Packages (Annually) 40 hrs/package

Derivative Classifier/Declassifier

Program Specific Training - Prepare training packages in response to identified issues / deficiencies.

2 Packages (Annually) 240 hrs/package

Derivative Classifier/Declassifier

Classification Program Assessments - On-site and offsite support to review responses to data calls for required biennial classification program assessments.

11 Assessments (Annually) 520 hrs/assessment

Classifier/Declassifier

Classifier Support - Support training, testing, and function of NNSA DCs. Assist DCs during training testing phases by coordinating with the trainers and DCs as needed and reviewing results of failed tests with DCs to improve their comprehension. 40 DCs (Annually) 8 hrs/DC

Program Manager

Program Management - Direct and manage technical activities, workload assignments, reporting’s, invoicing, etc. As Required As Required

Program Manager/Program Support

Document Reviews - Maintain classification guidance library to ensure guidance is up to date.

40+ Changes (Annually) 40 hrs/change

Program Support

Program Support - Provide technical and administrative support services under guidance of Program Manager including creating draft reports, draft invoices for review, filing information, document creation, document editing, etc. As Required As Required

Security

Security Support - Maintenance, security, and administrative activities related to the protection of classified and controlled unclassified information, including:

Handling & Storage, Transmission (electronic/hard copy), Return or verified destruction of materials no longer need (per NNSA direction). Execute with No Security Incidents - 100% compliance/0 security incidents. As Required As Required

Litigation Support Derivative Classifier/Declassifier

Litigation Support (Triage Review) - Electronic &/or Hard Copy files, as specified, with required marking.

18,000 pages (Monthly) 1hr/20 pages

Litigation Support Derivative Classifier/Declassifier

Litigation Support (First Bracketing Review) - Bracketed and marked materials.

Electronic and/or Hard Copy files, as specified.

10,000 pages (Monthly) 1hr/20 pages

Litigation Support Derivative Classifier/Declassifier

Litigation Support (Second Bracketing Review) - Bracketed and marked materials.

Electronic and/or Hard Copy files, as specified.

8,000 pages (Monthly) 1hr/20 pages

Litigation Support Derivative Classifier/Declassifier

Litigation Support (Redaction Review) - Record copy of bracketed material and a copy of material with all bracketed information redacted. Electronic and/or Hard Copy files, as specified.

10,000 pages (Monthly) 1hr/20 pages

Litigation Support Derivative Classifier/Declassifier

Litigation Support (Public Release Review)

- Material ready for public release.

Electronic and/or Hard Copy files, as specified.

17,000 pages (Monthly) 1hr/20 pages

15.0 Performance Measures

Performance Measure

Minimum Performance

Standard Assessment Methods

Deliverables Deliverable received within agreed-upon schedules 90% of the time.

COR verifies date received.

Technical accuracy Work products are compliant with

DOE/NNSA

classification program policies and classification guidance documents.

COR provides feedback as to accuracy of work products.

Security No incidents of security concern due to contractors’ actions or lack thereof.

Compliance with DOE/NNSA security requirements.

COR will receive notification from Security.

Training and certifications All necessary training and certifications are maintained for classifiers.

COR reviews training/certification status.