FOIA PWS 20June24.pdf

Attachment 1 – Performance Work Statement FOIA Analyst

THE UNITED STATES AIR FORCE ACADEMY (USAFA)

PERFORMANCE WORK STATEMENT (PWS)

Freedom Of Information Act (FOIA) Analyst

PM/FSM approves the PWS by signing and certifying the contents as written meet the needs of the requiring activity.

6/27/2024

X Myste Miller

Signed by: MILLER.MYSTE.CHANEL.1488475548

Myste Miller

17 January 2024

DESCRIPTION OF SERVICES / GENERAL INFORMATION

1.1. *General: This is a non-personal services contract to provide advisory and assistance services (A&AS) for the USAFA FOIA/Privacy Act Office. 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.

1.2. *Description of Services/Introduction: The contractor shall provide all supervision, personnel, equipment, facilities, materials, supplies, tools, transportation, vehicles and other items and non-personal services necessary to perform FOIA/Privacy Analyst duties as defined in this PWS except for those items specified as government furnished property (GFP) and services. The contractor shall perform to the standards in this contract.

1.3. *Background. The FOIA Analysts will assist with the processing of USAFA FOIA requests and help get rid of the request backlog. The Contractors shall gather and evaluate information and statistical data to track and report key FOIA metrics. To include, number of requests received, total number of requests, number of “complex” requests, number of “simple” requests, total closed requests, and by whom, and the status of pending Privacy Act tasks in CIPS. The report will be sent via email to the USAFA CIO (A6) and their Deputy. The contractor shall produce a FOIA Crosscheck report for the monthly meeting for the Director of Staff. The contractor will track and maintain the status of the appointed FOIA and Privacy monitors. Tasking OPRs to provide updated appointment letters, as necessary in accordance with (IAW) the below requirements 32 CFR § 286.8(b), DoDM 5400.07, para. 6.2.(b)(5), AFMAN 33-302, para. 2.1.8.21.

1.4. * Contractor Identification. All Contractor personnel shall wear a Government issued badge at all times to identify themselves as a Contractor employee. Contractor employees shall identify themselves as being a Contractor when attending meetings, answering Government telephones, responding to emails and working in other situations where their Contractor status is not obvious to third parties (e.g., clients, vendors, customers, public contacts, etc.) to avoid creating an impression that they are Government officials.

1.5. Dress code. Contractor personnel shall be business professional in appearance and suitable for the occasion and environment.

1.6. The Government will evaluate the Contractor’s performance under this contract. The COR will be appointed by the CO with the authority to monitor contract performance and to inspect and accept services.

1.7. Threats to General Well Being. The Government reserves the right to direct the removal of Contractor personnel for misconduct or security reasons. This action does not relieve the Contractor from total performance of the program tasks specified herein.

1.8. Hiring of U.S. Government Employees. The Contractor shall not employ any person who is an employee of the US Government if employing that person would create a conflict of interest, or the appearance of a conflict of interest. The Contractor shall comply with the Joint Ethics Regulation (JER) in regard to the employment of current and/or former Government employees. The Contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives proper approval. The Contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies in AFI 64-106 Air Force Industrial Labor Relations Activities paragraph 3. The Contractor is prohibited from employing off-duty Government COR(s) who are managing any contracts or subcontracts awarded to the Contractor. The abrupt absence of any Contractor personnel does not at any time constitute an excuse for nonperformance under this contract.

1.9. Adverse Weather Conditions. The Contractor shall coordinate with the COR concerning performance of PWS requirements during adverse weather conditions. Delayed reporting or early release (for Government employees) does not relieve the Contractor of PWS performance.

1.10. *Core Hours of Operation. The Contractor shall perform all PWS requirements during USAFA core operating hours, which are 7:30 to 4:30, Monday through Friday.

1.11. Work Environment. Missions are frequently interrupted by base exercises or actual ongoing base security events. The Contractor is required to participate in all exercises.

1.12. *Federal Holidays. The following Federal Holidays are observed by USAFA, but may not always be observed by the Contractor due to mission needs.

New Year’s Day, January 1st or the Friday preceding or Monday following Martin Luther King’s Birthday, 3rd Monday in January President’s Day, 3rd Monday in February Memorial Day, Last Monday in May Juneteenth, June 19th or the Friday preceding or Monday following Independence Day, July 4th or the Friday preceding or Monday following Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veteran’s Day, November 11th or the Friday preceding or Monday following Thanksgiving Day, 4th Thursday in November Christmas Day, 25th December

1.13. *Incident/Mishap Reporting. In the event of a safety incident/mishap, the Contractor shall take reasonable and prudent action to establish control of the scene, prevent further damage to persons or property and preserve evidence until released by the investigative authority. Immediately report the incident to the COR Myste Miller, myste.miller@us.af.mil, 719-333-6231 and the USAFA Safety Office. If the Government elects to conduct an investigation, the Contractor shall cooperate fully and assist Government personnel until completed.

1.14. *Emergency. Police, Medical and Fire can be reached by calling 911. Caller will reach El Paso County dispatcher and needs to identify that they are located on USAF Academy.

1.15. Fire Prevention and Protection. Base fire prevention personnel will make periodic Government provided facility inspections for regulation compliance.

1.16. Custodial Services. The Government will provide custodial services for occupied Government-provided facilities at the same level provided to Government employees.

All other services shall be the responsibility of the Contractor.

1.17. Refuse Collection. The Government will make available refuse collection and disposal services for the Contractor at Government expense in direct support of the PWS.

Emptying of individual trash receptacles into Government-provided dumpsters is the responsibility of Contractor employees. Dumpsters are available for Contractor use for the disposal of items. The Contractor shall follow guidelines established by the base regarding proper disposal of refuse. The Contractor shall not dump prohibited items in dumpsters. The Contractor shall comply with all base-recycling programs and hazardous waste disposal processes/procedures. (Verify procedures with 10 CES.)

1.18. Network Access. The Government will provide “Official Use Only” network Internet/intranet access through the Government network for approved systems and workstations required for accomplishment of work in support of this PWS. Network access for Contractor employees requires a common access card (CAC) provided by the Government.

1.18.1. Background Investigation. In accordance with DoDI 5200.46, “DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC)”, all contractors who require access to any DoD/USAFA Information Systems will undergo a Tier 1 (T1) background investigation. The contractor must complete Optional Form (OF) 306, “Declaration of Federal Employment,” electronic fingerprints and Electronic Questionnaires for Investigations Processing (eQIP) before system access is granted. Contractors who require enhanced privileges (IT-II), will undergo an Information Technology Tier 3 (IT-T3) background investigation before system access is granted in order to meet the intent of DoDI, 8500.2 “Information Assurance (IA) Implementation.” IT-II/T3 background investigations mailto:myste.miller@us.af.mil require completion of OF 306, electronic fingerprints and eQIP submission. IT-II/T3 backgrounds must be adjudicated to “Favorable” for continued enhanced privilege access; however, the contractor will not be granted access to classified information or classified information systems.

1.19. Contractor Software and Hardware. The Contractor shall obtain approval from the

Designated Approval Authority (DAA) prior to purchasing software and computer hardware for use on the USAFA network. The contractor shall maintain all licenses for contractor software connected to the USAFA network IAW AFI 33-114, Software Management, Section B, paragraph 8.2. When software use is no longer required, the contractor shall remove the software at their own expense from both Government and contractor computer systems connected to the USAFA network.

1.20. Maintaining Clean Work Areas. The Contractor shall ensure that all work areas assigned under the PWS are neat, clean and maintained at all times and immediately report any facility and safety discrepancies to the Government.

1.21. Telephone Services. The Government will provide local and Defense Switched Network (DSN) telephone service. The Government will provide all maintenance service on Government-provided phone lines and instruments and will relocate subject service when the relocation is approved by the Government. Government provided telephone service shall be used for official calls necessary in the performance of the PWS. The COR may grant the Contractor access to Government long distance service. Otherwise, the Contractor shall provide his or her own non-Government telephone service through off-base switching equipment for personal or unofficial business.

1.22. Contractor/Personal Furnished Vehicles. The Contractor shall furnish all vehicles required to perform the services identified in this PWS.

1.23. Government Furnished Facilities. Contractor shall utilize Government furnished facilities in the performance of this requirement.

1.24. Information Resources. The Government will provide access to Government staff and pertinent information for this contract. The Government will provide the Contractor copies of, or access to, all required directives, publications and documents. All documentation provided to the Contractor shall remain the property of the Government and shall be returned upon completion of this contract.

1.25. Personnel Qualifications.

1.25.1. General Skills/Qualifications. eFOIA, FOIA Xpress, and Microsoft Office software experience.

1.25.2. Ability to communication well both written (clear concise, well organized) and verbally (express clearly and succinctly).

1.25.3. Familiar with the Freedom of Information Act and Privacy Act of 1974.

1.25.4. Experience. A BA/BS degree and a minimum of 3 years of professional experience processing Freedom of Information requests at the base level, command level preferred.

1.26. Controlled Unclassified Information: If the Contractor determines that unauthorized personnel have accessed CUI, the contract manager shall immediately notify the COR and fully cooperate with any investigation. Contractor shall comply with DoD Manual

5400.07 Freedom of Information Act (FOIA) Program, 4.1., and DODI 5200.48 Controlled Unclassified Information. These instructions and manuals establish policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding CUI material.

1.27. Process Incoming FOIA Requests. The contractors shall process FOIA requests that are received from outside of the eFOIA/FOIAXpress system. (i.e., USAFA FOIA email address, mail, or fax). Approximately 15 requests received per month. Process approximately 99 backlogged requests within 12 months of award. Processing incoming requests consists of the following:

1.27.1. Verifying that the request is “perfected” before processing the request, IAW

DoDM 5400.07, para. 6.2.(b)(5) and communicating with the requester for any outstanding items needed for the requested to be perfected.

1.27.2. Creating a folder on the local share drive and in the eFOIA/FOIAXpress system.

1.27.3. For FOIA requests that are received in the eFOIA/FOIAXpress system, a folder will be created on the local share drive.

1.27.4. Sending an acknowledgement email to the requester within 24 hours of receipt from the eFOIA/FOIAXpress system, IAW 32 CFR 286.9(b).

1.27.5. Assign a fee category to the request based on the requester type. The fee categories can be found in 32 CFR Subpart E § 286.12(a).

1.27.6. Tasking the request to the appropriate Office of Primary Responsibility (OPR) for the records requested via the Task Management Tool (TMT) and the eFOIA system IAW AFMAN 33-302, para. AP2.2.3, within 24 hours of receipt.

1.27.7. Make a complexity determination based on the type of information being requested within 3 business days. According to 32 CFR § 286.8(b), the multi-track type of the request will be categorized by either “simple” or “complex”. The determination will be based on the type of records being requested, the amount of OPRs who will have to provide responsive information, and the volume of the responsive records. “Simple” requests shall be processed in 20 business days, and “complex” request shall be processed in 30 business days. (DoDM 5400.07, para.

6.2.b.(3)(a).)

1.27.7.1. Make an expedited processing determination within 10 calendar days, when requested IAW 32 CFR 286.8(e).

1.27.7.2. Make referral, consultation, or coordination determination, as necessary IAW 32 CFR 286.7(d).

1.27.7.3. Monitor Privacy Office CIPS requests and reach out to customers for information about the collection of PII.

1.27.7.4. Assist customers with the processing of DD 2930s (Privacy Impact Assessment), when required.

1.28. Weekly Status Report. The contractor shall gather and evaluate information and statistical data to track and report key FOIA and Privacy metrics. This report will be sent via email to the USAFA CIO (A6) and their Deputy.

1.29. Monthly FOIA Cross Check Report. The contractor will produce a FOIA Crosscheck report for the monthly meeting with the Director of Staff.

1.30. Provide Monthly Status Updates to Requesters. The contractor will update requesters on the status of their FOIA request monthly via the eFOIA/FOIAXpress system, as required IAW AFMAN 33-302, para. 2.1.8.6.

1.31. Provide FOIA and Privacy Training to USAFA FOIA Monitors. The contractor will track and maintain the status of the appointed FOIA and Privacy monitors.

1.32. Process Responsive Records Received from OPRs. When responsive records are sent to the USAFA FOIA/Privacy office via TMT or DoD SAFE, the contractor will download the files and place them into the appropriate case file on the share drive and in the eFOIA system. The contractor will verify that the records are responsive to the FOIA/PA request and will notify the appropriate OPR if an additional search is required.

1.33. Make FOIA Redactions Recommendations on Responsive Records. Apply redactions on responsive records using the FOIAXpress software in the eFOIA system, using appropriate Privacy and/or FOIA exemptions. The exemptions can be found in section 5 of DODM 5400.07. A FOIA Officer will review proposed redactions and their exemptions.

1.34. Draft Initial Denial Authority (IDA) Letters. IAW 32 CFR 286.9(f), when information is withheld under FOIA or Privacy Act exemption, an IDA letter must be attached to the released information. information to be released must be reviewed and approved by the IDA prior to release. The contractor will draft the letter for the IDA and include it in the package that will be routed to JA. The IDA will sign the letter stating that they approve of the information being released and withheld. All information that is required to be included in the letter can be found in 32 CFR 286.9(f) and AFMAN 33- 302, para. 2.1.5. IDAs are appointed by position held, not by name IAW 32 CFR 286.7(b).

1.35. Forward Requests to JA for review. All records to be released shall be reviewed by the JA office prior to release to ensure the information is legally sufficient, IAW AFMAN 33-302, para. 2.1.6.3. The contractor will route the FOIA/Privacy Act request package to JA by creating a temporary folder in a share drive containing the request description, the drafted IDA letter, a transparent redacted copy of the records to be released for JA to review, an opaque redacted copy of the records to be released that will be released to the requester, and any support documents. Once this folder has all required information, the contractor will send an email to the USAFA JA taskers email address and let them know that the case is ready for their review. The contractor will give the JA office a 5 workday suspense to complete their review.

1.36. Send Responsive Records to IDA for Final Review and Release Approval. When the legal review is complete, the contractor will apply any recommended changes to the responsive records provided from the JA office. Once these changes are made, the FOIA Office will verify the changes. The contractor will route the complete FOIA request package (IDA Letter, Request, Responsive Records [Redacted & Unredacted], and Legal Review) will be sent to the appropriate IDA for review, signature, and approval for release.

1.37. Close Requests. Once all information is compiled and the IDA approves release, the contractor will release the information to the requester via DoD SAFE using the email address the requester provided when they submitted their request. The contractor will ensure that all correspondence related to the request is uploaded into eFOIA, the official system of record. Once all information is uploaded, a FOIA Officer will verify and delete the case file from the share folder.

1.38. Process Appeals. If a requester files an appeal to the USAFA FOIA/PA Office, the contractor will process the appeal using the steps in section 3.1.1. of this document and IAW 32 CFR 286.11 and AFMAN 33-302. The person who closed the original request will ultimately be responsible for the appeal.

1.39. Backlog Reduction Plan. The contractor will assist the USAFA FOIA Officers with tracking and reducing the FOIA case backlog by 10% and/or close the ten oldest cases assigned to the USAFA FOIA Office per fiscal year IAW AFMAN 33-302, para.

2.1.8.21.

2. DELIVERABLES

2.1. USAFA FOIA and Privacy Deliverables.

2.1.1. Weekly Status Report. The contractor shall gather and evaluate information and statistical data to track and report key FOIA and Privacy metrics. To include, the number of requests received, total number of requests, number of “complex” and “simple” requests, total closed requests, and by whom, and the status of pending

Privacy Act tasks in CIPS. This report will be sent via email to the USAFA CIO (A6) and their Deputy.

2.1.2. Monthly FOIA Cross Check Report. The contractor will produce a FOIA Crosscheck report for the monthly meeting with the Director of Staff.

2.1.2.1. The contractor will draft a monthly report of the USAFA FOIA office’s metrics from the eFOIA/FOIAXpress system composed of the USAFA FOIA office’s request status dashboard, a closed cases report, and a detailed case summary for all open FOIA requests.

2.1.3. Provide FOIA and Privacy Training to USAFA FOIA Monitors. The contractor will track and maintain the status of the appointed FOIA and Privacy monitors. Tasking OPRs to provide updated FOIA and Privacy Monitor appointment letters, as necessary. The contractor will provide training for newly appointed monitors IAW AFMAN 33-302, para. 7.2.c.

3. * SERVICES SUMMARY (SS)

SS ITEM

NUMBER

PERFORMANCE

OBJECTIVE

PARAGRAPH THRESHOLD

SS-1 Process Backlogged Requests 1.29 Process approximately 99 backlogged requests within 12 months of award.

SS-2 Weekly A6 Directed Report 2.1.1. No more than 1 late report per month, submitted no more than 2 days late.

SS-3 Monthly FOIA Crosscheck Report

2.1.2. Report shall be completed

and sent to the Director off Staff’s executive no later one business day before the monthly meeting via email as a read ahead.

SS-4 Provide training to USAFA FOIA and Privacy Monitors.

2.1.3. Maintain a log of currently

trained monitors, schedule

HAKENSON, EDNA T CIV USAF USAFA 10 CONS/PKC

Is there a reason for 10 months? Just seems an odd performance period.

HAKENSON, EDNA T CIV USAF USAFA 10 CONS/PKC

Recommend one business day in case of holidays, closures, etc training to monitors, as required.

SS-5 Process Privacy Impact Assessments

1.27.7.4 Assist customers with the

processing of DD2930s (Privacy Impact Assessment)

4. GOVERNMENT FURNISHED PROPERTY (GFP)

There is no GFP associated with this service requirement.

5. Quality Control Program:

4.1 Quality Control (QC). The Contractor shall develop and maintain a Quality Control inspection system to ensure contracted services are performed IAW this PWS and within generally accepted commercial and industry practices. The Contractor shall develop and implement procedures to identify and ensure non-recurrence of defective services. The Contractor shall cooperate with the Government Quality Assurance Specialist, Quality Assurance Evaluators, technical representatives, investigative teams, inspectors, CO, and other Government-authorized individuals in the course of daily operations. The QC inspection system shall satisfy the requirements in the Inspection of Services clause in the solicitation) and resultant contract and shall be designed to keep the Contractor’s management informed of all issues affecting quality. The QC records of inspections shall indicate the nature and number of observations made, the number and type of deficiencies found, and the nature of corrective action taken as appropriate.

4.2 The Contractor’s Quality Control Plan shall include inspection instructions, auditing, and testing; the plan shall be prescribed with clear, complete, and current instructions. The plan shall address the surveillance methodology for each major function, how the Contractor will track quality of maintenance actions and personnel task proficiency, and actions the Contractor proposes to ensure top quality operations, maintenance, and program management. The Quality Control Plan shall include specific criteria for the approval and rejection of services to be used in each inspection or audit; checklists may be used for this purpose.

4.3 The Contractor’s Quality Control Plan shall be submitted to the CO with the solicitation response. An updated copy shall be provided to the CO on the contract start date, annually, and thereafter or as changes occur. The objective of the Quality Control Plan is to show the Contractor’s philosophy, methods, and techniques in place to ensure quality and consistency of effort in the performance of the PWS requirements.

4.4 The Contractor shall maintain adequate records of all audits and inspections. The records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the nature of corrective action taken as appropriate. The Contractor shall keep, and provide to the Government, records of inspections throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

4.5 The Contractor shall provide corrective action for Government-noted deficiencies. The Contractor shall reply to Government inspections rated “marginal” or “unsatisfactory” and to evaluations, inspections, and AFFM 27 Customer Comment Cards, as requested. The CO or Quality Assurance Evaluator/Quality Assurance Specialist will notify the Contractor of deficiencies noted during Government inspections or surveys. This notification of deficiencies shall be given to the Contractor immediately after the surveillance. The Contractor’s response to deficiencies shall include the Contractor’s management actions taken to correct the problem(s) and procedures implemented to prevent future occurrences.

4.6 Management Involvement. Personnel performing management functions shall have distinct, well defined duties and responsibilities within the quality program.