N0018921RZ057.pdf

CODE

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until 03:00 PM local t ime 23 Jul 2021

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63 - 68 X H 69 - 70 matthew.forsy the1@navy .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 70

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00189 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MATTHEW FORSYTHE 215-697-9606

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 - 27

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

30 - 32 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 33 - 36 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 37 - 40 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

41 - 49

PART II - CO NTRACT CLAUSES

NAVSUP FLC NORFOLK CONTRACTING

PHILADELPHIA OFFICE

700 ROBBINS AVENUE, BLDG 2B

PHILADELPHIA PA 19111-5083

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

N6891020210282

5. DATE ISSUED

02 Jul 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0018921RZ057

Section A - Solicitation/Contract Form

NOTICE TO OFFERORS

1. Proposals shall be delivered by the date and time specified on the cover page of this document, unless revised by written amendment. Proposals shall be emailed to matthew.forsythe1@navy.mil. The deadline for receipt of proposals is 3:00 PM EST on 23 July 2021.

2. The Point of Contact for this RFP is as follows:

Matthew Forsythe matthew.forsythe1@navy.mil

3. All prospective offerors are requested to submit any questions by 3:00 PM EST 13 July 2021 in writing via email to matthew.forsythe1@navy.mil. Questions received in any other form will not be answered. Once all questions have been received, the solicitation will be amended accordingly to answer all appropriate questions that have been received.

4. NOTICE TO OFFERORS: IT IS THE POLICY OF THE DEPARTMENT OF DEFENSE TO THE

MAXIMUM EXTENT PRACTICABLE, TO MAXIMIZE THE NUMBER OF SMALL AND SMALL

DISADVANTAGED BUSINESS (SDB) CONCERNS PARTICIPATING IN DEFENSE PRIME AND

SUBCONTRACTS. OFFERORS SHOULD TAKE THE NECESSARY STEPS TO MAXIMIZE SDB

SUBCONTRACTS. IT IS REQUESTED THAT PRIME CONTRACTOR’S SUBCONTRACTING

PLANS REFLECT AS A MINIUM SDB GOAL OF 5%.

5. Services under this contract are currently being provided under contract N00189-14-C-Z073. The incumbent contractor is Pragmatics, Inc. It is noted that requirements from N00189-14-C-Z073’s PWS have been reduced for this requirement.

The acceptance period of offers submitted in response to this RFP is 120 days from the closing date of the RFP. On the cover page of the RFP, block 12 is hereby deleted.

mailto:matthew.forsythe1@navy.mil mailto:matthew.forsythe1@navy.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Litigation Support Services - Base

FFP

Iran Litigation Services in support of the Office of the General Counsel (OGC) in accordance with the PWS in Section C for the PoP of 01 October 2021 through 30 September 2022.

FOB: Destination

MILSTRIP: N6891020210282

PURCHASE REQUEST NUMBER: N6891020210282

PSC CD: R408

NET AMT

0002 Lot Travel

COST

Travel in support of CLIN 0001.

FOB: Destination

MILSTRIP: N6891020210282

ESTIMATED COST

0003 Lot Material

COST

Material in support of CLIN 0001.

FOB: Destination

MILSTRIP: N6891020210282

0004 12 Months Storage

FFP

Storage in support of CLIN 0001 FOB: Destination

MILSTRIP: N6891020210282

1001 12 Months OPTION Litigation Support Services - Opt I

FFP

Iran Litigation Services in support of the Office of the General Counsel (OGC) in accordance with the PWS in Section C for the PoP of 01 October 2022 through 30 September 2023.

FOB: Destination

1002 Lot OPTION Travel

COST

Travel in support of CLIN 1001.

1003 Lot OPTION Material

COST

Material in support of CLIN 1001.

1004 12 Months OPTION Storage

FFP

Storage in support of CLIN 1001.

2001 12 Months OPTION Litigation Support Services - Opt II

FFP

Iran Litigation Services in support of the Office of the General Counsel (OGC) in accordance with the PWS in Section C for the PoP of 01 October 2023 through 30 September 2024.

2002 Lot OPTION Travel

COST

Travel in support of CLIN 2001.

2003 Lot OPTION Material

COST

Material in support of CLIN 2001.

2004 Lot OPTION Storage

COST

Storage in support of CLIN 2004.

3001 12 Months OPTION Litigation Support Services - Opt III

FFP

Iran Litigation Services in support of the Office of the General Counsel (OGC) in accordance with the PWS in Section C for the PoP of 01 October 2024 through 30 September 2025.

3002 Lot OPTION Travel

COST

Travel in support of CLIN 3001.

3003 Lot OPTION Material

COST

Material in support of CLIN 3001.

3004 12 Months OPTION Storage

FFP

Storage in support of CLIN 3001.

4001 12 Months OPTION Litigation Support Services - Opt IV

FFP

Iran Litigation Services in support of the Office of the General Counsel (OGC) in accordance with the PWS in Section C for the PoP of 01 October 2025 through 30 September 2026.

4002 Lot OPTION Travel

COST

Travel in support of CLIN 4001.

4003 Lot OPTION Material

COST

Material in support of CLIN 4001.

4004 12 Months OPTION Storage

FFP

Storage in support of CLIN 4001.

DATA LINE ITEM

DATA LINE ITEM (NOT SEPARATELY PRICED) (OCT 1992)

Contractor data to be furnished is in accordance with DD Form 1423.

(End of Provision)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

U.S. Navy Claims Defense of the Iranian Foreign Military Sales (FMS) Program

1 Introduction The Naval Litigation Office of the Office of the General Counsel (OGC), Department of the Navy enables the Navy and the Marine Corps to fulfill their missions in the changing world by providing candid legal advice and counsel, effective advocacy, and creative problem solving. The OGC Naval Litigation Office is providing all possible assistance to the Department of State (DoS) in support of the Government’s defense of Iranian FMS claims against the United States Government at the Iran - U.S. Claims Tribunal, The Hague, Netherlands.

The Iran - U.S. Claims Tribunal at The Hague, Netherlands, has jurisdiction over certain claims between the U.S.

and Iranian governments arising from pre-1981 contractual arrangements between the parties. In one of the largest claims, Case B/1, Iran is seeking $10.5 billion, plus interest since 1981 for alleged wrongful charges to Iran over the life of its FMS Program. Current claims based on Navy sales are presently valued at about $12.7 billion including interest, and a U.S. counter claim against Iran valued at approximately $520 million including interest.

In July 2003 the Naval Litigation Office in the Office of the General Counsel assumed responsibility for all Navy Iranian Claims defense support. This includes responding to Tribunal directions through the Department of State by providing analytical support personnel, conducting searches of Navy field activities and contractor sites, document collection, inventorying and analyzing the probative value of millions of documents, scanning and encoding pertinent records into the Department of State database, and the indefinite long term storage of litigation records. In December 2014 the Deputy Secretary of Defense (DEPSECDEF) continued to direct the military departments to give this effort a high priority and adequate support to provide the most thorough and exhaustive litigation support possible. A critical element for successful defense against Iranian claims includes the collection of documentation to establish a strong audit trail recreating the 20-year history of the Iran FMS Program.

The Department of State Office of the Assistant Legal Adviser for International Claims and Investment Disputes (L/CID), is representing the United States government in this litigation, and their success is dependent upon the vigorous, sustained support of the DoD and its Military Services -- particularly those components involved in the underlying FMS transactions with Iran. Over the years, Iran and the United States have filed a total of three briefs and evidence to the Claims Tribunal pertaining to a group of 130 test cases. The latest submission, which the United States filed in June 2012, was comprised of approximately 60,000 pages of information. This voluminous filing paved the way for Tribunal hearings and oral arguments for 25 of the original 130 test cases. Eight of those cases were for the Navy. The hearings were broken down into eight separate sessions that covered a span of 16 months.

The first hearing commenced in February 2018 and the final hearing wrapped up in June 2019. The Tribunal is currently in deliberation, but there is no clear timeline on when decisions or a partial award might occur. In the meantime, the Naval Litigation Office will be required to continue providing technical assistance relating to all aspects of Iran’s Navy-managed FMS program with the United States. Successful resolution and a subsequent partial award by the Tribunal on the initial 25 test cases will likely establish precedents affecting the remaining test cases, as well as the larger, more complex, and higher dollar value claims. From 2022 through 2026 the primary focus will be on any remaining tasks associated with an upcoming Algiers Accords hearing, as well as outstanding tasks and support for probable hearings pertaining to the remaining test cases. In addition, there will also be major research and drafting of briefs and evidence for the largest 44 cases, as well as possible hearings and arguments on the U.S. Counterclaim. For the Navy, this includes complex cases relating to the F-14, Phoenix and Harpoon missiles, RH53D and AH1J helicopters, and the DD993 Destroyer program. Analysis of these weapon systems and the technical assistance required for the U.S. Counterclaim will warrant substantial, sustained Navy support. In order for the Navy to meet its obligations in a timely, efficient, and economical manner, contractor personnel will be required to perform the primary litigation support functions.

2. Scope The purpose of this contract is to provide the necessary level of administrative, professional, and technical support required to facilitate the overall objectives of the Navy Department and Naval OGC Litigation Office compliance with the Deputy Secretary of Defense direction to the Military Departments for this program. The objective of this contract is to provide the Navy OGC and DoS the most thorough and exhaustive litigation support possible in defense of claims against the United States before the Iran - U.S Claims Tribunal at The Hague, Netherlands. The contractor shall provide those services, personnel, materials, and related equipment to perform the work delineated herein.

3. Tasks

3.1. Assist the Navy OGC in coordinating Iranian Foreign Military Sales (FMS) claims defense actions along with

Navy International Program Office (Navy IPO), Navy Systems Commands (SYSCOM), Naval Supply Systems Command, Weapon Systems Support (NAVSUP WSS), Department of State (DoS), and other organizations.

The contractor will utilize the following systems to conduct the required tasks:

State Department Integrated Document Management and Analysis System (IDMAS) State Department Documentum system State Department Concordance database Navy Image Silo system Navy Iranian Integrated Reconciliation Information System (IRIS) database Navy Management Information System - International Logistics (MISIL) Standard Accounting Reporting System (STARS) Centralized Expenditure & Reimbursement Processing System (CERPS) Defense Finance and Accounting System (DFAS) Defense Integrated Financial System (DIFS) database Other miscellaneous on-line and hardcopy research tools

Knowledge of historical accounting systems and practices over the last 40 plus years for FMS case reconciliation and litigation purposes is critical for enabling the Navy to respond to questions and issues that are contemporaneous to Iran’s FMS program. The Contractor must also be well versed in Navy, DoD, and FMS regulations, manuals and instructions that were in place during the 1970’s and 1980’s. Examples include, but are not limited to the following:

NAVSUP 508 – Dictionary of MISIL Data Elements NAVSUP 526 – FMS Customer Supply System Guide NAVSUP 557 – FMS Financial Operations Handbook NAVSUP 548 -- Integrated Logistics Support Supply Handbook DOD 4000.25-M – MILSTRIP Manual DOD 4140.17-M – MILSTRIP Routing Identifier and Distribution Codes NAVSUP 541 – NAVSUP Security Assistance Manual DOD 5105.38-M – Security Assistance Management Manual

3.1.1. Coordinate with Navy OGC and the Department of State to implement connectivity to all required Government information systems and databases by the date performance commences. This includes coordinating efforts to establish a fiber optics cable connection between the contractor facilities and a secure computer system at the Department of State, as well as setting up individual employee user accounts for the various Government information systems that the employees will be required to access. The contractor is responsible for ensuring all employees are eligible to obtain DoD CAC cards, which is a prerequisite for gaining access to many of these systems.

3.1.2. Provide management information and research reports to Navy OGC by utilizing the systems and regulations listed in paragraph 3.1. The contractor must have a thorough understanding of these systems, databases, regulations, and manuals as these are the tools the contractor will need for conducting the business and tasks outlined below.

3.2. Research and locate evidence for individual billing lines pertaining to the Navy cases in the large 44 case group.

The contractor will accomplish the majority of this research by accessing and reviewing computerized images in the IDMAS and Image Silo systems. The contractor may also need to access and review hard copy records if the computerized images are illegible or not available. (See case breakouts and projected requirements below):

3.2.1. Case SAM – Projected requirement is to locate and match evidence to 650 billing lines each year of the contract. The total number of billing lines to be matched with evidence should equal or exceed 3,250 by the end of the contract.

3.2.2. Case SAT – Projected requirement is to locate and match evidence to 1,500 billing lines each year of the contract. The total number of billing lines to be matched with evidence should equal or exceed 7,500 by the end

3.2.3 Case SBY – Projected requirement is to locate and match evidence to 1,500 billing lines each year of the contract. The total number of billing lines to be matched with evidence should equal or exceed 7,500 by the end

3.2.4 Case ABM – Projected requirement is to locate and match evidence to 499 billing lines during the first year of this contract. This will complete the evidence matching for this case.

3.2.5 Case ABB – Projected requirement is to locate and match evidence to 534 billing lines each year for the first four years of the contract, plus 257 billing lines for the final contract option. The total number of billing lines to be matched with evidence should equal 2,393 by the end of the contract. This will complete the evidence matching for this case.

3.2.6 Case SAX – Projected requirement is to locate and match evidence to 1,500 billing lines each year of the contract. The total number of billing lines to be matched with evidence should equal or exceed 7,500 by the end

3.3. Analyze the various pieces of evidence that were matched to the individual billing lines on the Navy cases in the large 44 case group, with the focus on prioritizing the 522 billing lines on case SAY and the 688 billing lines on case JDM. Determine if the evidence properly supports the individual billing line and update IDMAS with line notes to identify whether research is complete, or if additional research is required. The projected requirement is to analyze 20,000 pieces of evidence each year of the contract. The total pieces of evidence to be analyzed should equal or exceed 100,000 by the end of the contract.

3.4. Conduct follow-up research on 2,108 termination charges pertaining to the large 44 case group known as the

Phase II cases. Analyze these charges and update IDMAS with line notes that explain the nature and applicability of the termination actions. The projected requirement is to analyze and provide lines notes for approximately 703 termination charges each year for three years, or until all 2,108 charges have been researched and explained to the fullest extent possible.

3.5. Conduct research on the termination charges pertaining to the remaining 157 Navy cases known as the Phase III group. Analyze these charges and update IDMAS with line notes that explain the nature and applicability of the termination actions. The projected requirement is to analyze and provide line notes for approximately 500 termination charges each year of the contract. The total number of termination charges to be analyzed for the Phase III group should equal or exceed 2,500 by the end of the contract.

3.6. Assist Navy OGC in conducting monthly and quarterly Iran Litigation and Claims Defense Program Reviews, Joint Service Iran Litigation coordination meetings, and Navy FMS Iran Case Reviews. The contractor will host the monthly and quarterly meetings at its own facility and should expect Navy and DoS personnel to attend these meetings in person. Quarterly meetings take place in October, January, April, and July. Monthly meetings will be in November, December, February, March, May, June, August, and September. The contractor may also utilize the Defense Collaboration System (DCS) to expand participation in these meetings.

In addition, the contractor will also be required to attend in-person Joint Service and Case Review meetings at the Department of State or other Government offices. As a follow up to all meetings, the contractor will prepare and disseminate minutes to the involved organizations and activities. The contractor employees attending off-site meetings may seek reimbursement for their local travel expenses (see Travel Requirements in section 4.5).

3.7. Receive, organize, store, inventory, catalogue, identify, and retrieve Iran FMS billing, delivery, and contract records (as outlined below).

3.7.1. Visit DoD, Federal, and Contractor activities identified by the Navy OGC Program Manager to conduct record searches for Iran FMS billing, delivery, and contract records. Research will include files received from Navy Headquarters, SYSCOMS, Defense Logistics Agency (DLA), Defense Plant Representative Offices (DPRO), Defense Contract Management and Accounting Offices (DCMAO), Federal Records Centers (FRC), Navy field activities, and identified contractors’ records. Coordinate with DoS on all aspects of inventorying, cataloguing and retrieving records from outside activities.

3.7.2. Inventory new records by using the DoS General Inventory Program (GIP) database. The contractor will also ensure newly found collections of records are uploaded to the Navy Image Silo database. The contractor must have access to GIP and Image Silo at the time of the performance start date.

3.7.3. Maintain responsibility for storing approximately 12 million original hard copy Iran FMS billing and delivery documents currently stored in more than 7,000 boxes. An electronic copy of these records will also be stored in the Government Furnished Image Silo database. The contractor will utilize these electronic and hard copy records to conduct research and provide evidence in support of this litigation effort. (Refer to Section 4.8 for additional details on document management, processing, and storage)

3.8. Research Iranian claims for validation of shipments, and investigate disposition, condition, price, or other criterion of Iranian assets using Iranian annotated DFAS printouts, United States government, and/or commercial documents.

3.9. Integrate all data related to any and all exhibits, commercial orders, air cargo manifests, military and commercial shipping documents, purchase receipts, invoices, and any other shipment, procurement or financial records as they relate to the Iranian claims. Perform quality assurance reviews of all data prior to final entry into DoS IDMAS.

3.10. Determine the Iranian acquisition price for claimed Iranian assets and compare to price on MISIL, IRIS, and various data material lists (ML-Navy, ML-Consolidated, etc.). The contractor must have Haystack Gold capability at the time of the performance start date.

3.11. Identify and account for all diverted and disposed Iranian material. This includes accounting for Iranian items on contract that were shipped to other customers at no cost to Iran.

3.12. Research and account for Report of Discrepancy (ROD) transactions that occurred during the life of the Iran

FMS program.

3.13. Provide Navy OGC input for update of DoS records systems. Develop a process for ensuring quality and integrity of data integrated into DoS databases.

3.14. Research and report all historical marketing efforts performed to maximize return of funds to the Iranian Trust

Fund through the sale and disposition of suspended Iranian assets.

3.15. Support scheduled and unscheduled filings and hearings with the Iran-US Claims Tribunal at The Hague that may require shifting of priorities and resources.

3.16. Utilize MISIL, STARS, DIFS, CERPS, IDMAS, GIP, and Navy IRIS to perform tasks listed above. Access to these systems will be provided after the contract is awarded.

4. General Requirements This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

4.1 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

4.2 Business Relations

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

4.3 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

4.3.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement.

The contractor shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The Contract Manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between normal business hours (as outlined in paragraph 2.5) Monday through Friday except Federal holidays, or when the supported government facility is closed for administrative reasons.

4.3.2 Contract Administration

The contractor shall be responsible for employing technically qualified personnel to perform the work specified in this Performance Work Statement. The contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The work history of each contractor employee must contain experience directly related to the tasks and functions he or she must perform under this contract. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with the above requirements. Personnel assigned to, or utilized by the contractor in performance of work shall be fully capable of performing the contemplated functions of the respective labor categories in an efficient, reliable, and professional manner.

4.3.3 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team by first requesting approval in writing from the Procuring Contracting Officer (PCO).

4.4 Location and Hours of Work

The work duties under this contract will be performed at contractor or subcontractor facilities located within a 150 mile radius of the Washington DC area.

The Contractor is responsible for conducting business between the normal business hours of 8 a.m. to 5 p.m.

Monday thru Friday except Federal holidays. However, the Contractor may allow employees to start work earlier than 8 a.m. or work later than 5 p.m., as long as all employees are on the job between the core hours of 10 a.m. to 2 p.m. The contractor may allow employees to telework, but the practice should not interfere with or inhibit an employee’s ability to conduct research or gain access to the required computer systems or data resources. The Contracting Officer Representative (COR) reserves the right monitor the contractor’s implementation of teleworking policies and may provide additional input to ensure those policies produce results that are deemed to be in the best interest of the Government, while also ensuring the safety of the employees. The Contractor must 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. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

The contractor is not required to perform services on holidays listed below:

New Year’s Day Labor Day Martin Luther King Jr’s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Juneteenth Independence Day Christmas Day

4.5 Travel / Temporary Duty (TDY)

Contractor will be required to travel CONUS and within the NCR during the performance of this contract to attend meetings, conferences, and training. The contractor may be required to travel to off-site training locations and to ship training aids to these locations in support of this PWS. The Contractor may also be required to travel overseas to participate in support activities related to hearings and oral arguments held at the Iran-U.S. Claims Tribunal at The Hague, Netherlands. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) or Federal Travel Regulation (FTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR. Travel vouchers and supporting documents must be presented for payment within 10 days after completion of the travel.

Contractor personnel will be required to visit various DOD/Federal Government and other contractor sites throughout the Continental United States. Purpose of travel will be for document searches, witness interviews, coordination, and attendance at meetings. The type organizations to be visited are: Navy Headquarters, Systems Commands and field activities, Defense Contract Management activities, Federal Records Centers, Defense Audit Agency activities, Defense procurement activities, Defense Logistics Agency field activities, and other contractor sites involved in the Iran FMS Program.

A trip report shall be submitted 10 days following the completion of required travel. Report shall include at a minimum, the purpose of the trip, date of travel, labor category, and significant outcome of the trip. As an exception, formal trip reports will not be required for routine travel to attend meetings between the contractor facilities and Washington, DC.

4.6 Security and Safety

Contractor personnel performing work under this contract must have a SECRET Clearance at the time performance begins under the contract. In addition, the program manager and/or at least one other personnel resource must have a TOP SECRET clearance level in order to work on the Iranian Counterclaim issues. TOP SECRET documentation will not be physically stored at the contractor site, but will be reviewed as needed at other government facilities. The highest classification of material stored at the contractor site is SECRET. The amount of classified material stored at the contractor site(s) will be minimal and should fit in a Government Furnished four-drawer locked safe. The contractor is responsible for acquiring and maintaining security clearances at the level(s) required under this contract. The contractor must have the capability of receiving classified documents up to the SECRET level at the time of award. The security requirements are in accordance with the attached DD254.

4.6.1 Identification of Contractor Employees

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.

4.6.2 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, contractor facilities, equipment, and materials shall be secured.

4.6.3 Key Control

The Contractor shall develop procedures covering key control at the contractor’s facilities 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.

4.6.4 Lock Combinations

The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons at the contractor’s facilities. 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.

4.7 Government Furnished Equipment

A list of Government Furnished Equipment will be provided and available for the contractor to use in the performance of this contract. The list will be provided after an award decision has been made.

4.7.1 List of Government Furnished Equipment

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform U.S. Navy claims defense of the Iranian Foreign Military Sales (FMS) Program 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.

To be provided.

4.7.2 Equipment Inventory

Not later than 10 working days after the contract award, the Contractor and COR shall conduct a joint inventory of government furnished equipment and the Contractor shall temporarily take possession of equipment provided by the Government. The Contractor and COR shall jointly determine the working condition and order of the equipment. Equipment not in working order and discrepancies beyond reasonable wear and tear shall be recorded and certified by the COR. If the Contractor does not participate in the inventory, the Contractor must accept as accurate the listing of equipment provided by the COR.

4.7.3 Contractor Responsibilities

The contractor shall be responsible for preventative maintenance and care of government-owned or leased equipment and facilities.

4.7.4 Government Responsibilities

Repair or replacement of government-owned or leased equipment or equipment parts and facilities will be the responsibility of the Government.

4.8 Document Management, Processing and Storage

The contractor shall be responsible for managing, processing and storing both digital and hard-copy records pertaining to this litigation effort. Records storage facilities must satisfy the National Archives Records Administration (NARA) standards included in 36 CFR Part 1234.

4.8.1 Document Management and Processing

The contractor shall provide document management and processing capabilities. Document management includes establishing control over the movement of all materials (including delivery, shipping, and pickup), and the associated numbering, copying retrieving and refiling of the documents. Organization and indexing services shall typically be required immediately prior to image capture. The contractor shall provide all personnel, training, facilities, equipment, and supplies for the performance of all document processing services. Document processing shall include the creation and maintenance of detailed log sheets and associated document controls.

Dissemination of documents, data, and other media is on a need-to-know basis only. The contractor shall ensure that only appropriate individuals have access to such information. The COR shall determine the extent to which any particular document may be disseminated.

4.8.2 Document Storage

The contractor shall store all documents and supporting records generated in the course of the work on this litigation. At a minimum, the contractor shall be responsible for storing 20GB of electronic data and approximately 7000 boxes of hard copy documents and records. Electronic and hard copy records may be stored offsite, but must be retrievable within two business days or less. The COR may instruct that sets or subsets of these materials be shredded or otherwise destroyed with appropriate security and confidentiality precautions.

The contractor shall protect all material, including documentation, reports, software, data, and other types of information under this contract from disclosure to third parties. In the unlikely event that the contractor is ordered by a court, administrative, or legislative body to disclose any information, or release any material related to this contract, the contractor shall provide notice in writing to the COR within two business days of the date the order is issued.

4.9 Data Rights

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

4.9.1 Protection of Data

This project and all materials provided to the Contractor by the Government and results, conclusions, and recommendations obtained thereof should be considered confidential in nature and treated with the same level of care that the Contractor treats its own confidential business information. The information shall not be disclosed, copied, modified, used (except in the completion of this project), or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to the Government without the Government’s express consent.

4.9.2 Special Requirements/Instructions/Consideration

No data provided to, or developed by, the contractor shall be used for any purpose other than this contract. All information (data files and hard copy) becomes the property of the government and the contractor shall return them to the Office of the General Counsel Naval Litigation Office at the completion of the task. The Navy IRIS database and web-based Image Silo are government furnished.

4.10 Material Costs

The material costs will include communication (telephone, mail, and courier), reproduction of Iran FMS documents and other historical material, briefing materials, deliverables, and maintenance of approximately 20GB of digital data on a secure, searchable website (currently known as Image Silo).

4.11 Storage

Storage costs encompass the cost of leasing a warehouse to store over 7,000 boxes of original hard copy Iranian records. The contractor maintains responsibility for storing and protecting these records on behalf of Navy OGC.

5. Deliverables Any deliverable defined in this PWS shall be submitted under official company letterhead by a designated company representative. The cover letter shall be addressed to the COR at Navy OGC unless otherwise directed. The cover letter shall include as a minimum, the title of the applicable deliverable, date performed, and the appropriate contract number or purchase order number to which the deliverable applies. The attached Contract Data Requirements List (CDRLs), DD 1423 lists the monthly requirements.

5.1 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, or COR, 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.

5.2 Quality Control Plan

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 no recurrence of defective services. The contractor’s quality control program is the means by which the contractor assures itself that work performed complies with the requirement of the contract. The Quality Control Plan (QCP) should be delivered at the start of the 30 day Phase In/ Phase Out period, three copies of a comprehensive written QCP shall be submitted to the Contracting Officer’s Representative (COR) within five (5) working days when changes are made thereafter. After acceptance of the QCP the contractor shall receive the COR’s acceptance in writing of any proposed change to its QC system.

5.3 Cost and Task Status Report

The contractor shall prepare and submit a monthly Cost and Task Status report that provides a synopsis of its billing activity for the month. The report shall include a breakdown by CLIN of the obligated amounts against the contract, as well as the monthly invoiced amounts and revised remaining balances. This report shall be submitted to the COR prior to the contractor’s official submission of its monthly invoice in WAWF.

5.4 Status of Litigation Activities Report

The contractor shall prepare and submit a monthly Status of Litigation Activities report that includes a breakdown of the various tasks and projects associated with this litigation effort. The report shall include projections on the number of tasks to be completed for each significant measurable task category in Section 3 of this Performance Work Statement. The report shall reflect monthly activity as well as running totals of the remaining tasks to be completed for each category. The COR shall play an active role in working with the contractor to make mutually agreeable adjustments to the task projections as this litigation progresses.

5.5 Obligating Documents Report

The contractor shall prepare and maintain an Obligating Documents Report (in spreadsheet form) that identifies all of the FMS contracts that were associated with the Navy’s portion of Iran’s FMS program during the 1960’s and 1970’s. The spreadsheet shall identify the contract number, applicable FMS case, weapon system, vendor name and address for all of the pertinent Navy contracts. The spreadsheet shall be updated as required and submitted to the COR annually at least 30 days prior to the Period of Performance ending.

The contractor shall provide the following deliverables:

Deliverable

PWS

Reference Due Date Format Recipient

Post Award Conference 5.1 5 Working Days After Award In Person COR Quality Control Plan 5.2 30 Days After Award Electronic COR Management Information and Research Reports 3.1.2 Continuous Electronic COR Cost and Task Status 5.3 Monthly, 15 days after EOM Electronic COR Status of Litigation Activities 5.4 Monthly, 15 days after EOM Electronic COR Program Review 3.6 Quarterly, 30 days after EOQ Electronic COR

Program Review Minutes 3.6 Quarterly, 15 days after

Review Electronic COR

Monthly Meeting Minutes 3.6 Monthly, 15 days after meeting Electronic COR Joint Service and Case Review meeting Minutes 3.6

As directed, 15 days after meeting Electronic COR

Obligating Documents Report 5.5 Annually, 30 Days Prior to

POP Ending Electronic COR

Trip Report 4.5 10 days following completion of travel Electronic COR

6. Quality Assurance Surveillance Plan (QASP) To ensure that the Government has an effective and systematic method of surveillance for the services in the PWS.

The QASP will be used primarily as a tool to verify that the contractor is performing all services required by the PWS in a timely, accurate and complete fashion.

6.1. Critical performance processes and requirements. Critical to the performance of U.S. Navy Claims Defense of the Iranian Foreign Military Sales (FMS) Program is the timely, accurate and thorough completion of all contract/task order requirements.

6.2. Performance Standards

6.2.1. Schedule - The due dates for deliverables and the actual accomplishment of the schedule will be assessed against original due dates and milestones established for the contract or task order(s).

6.2.3. Deliverables – The deliverables required to be submitted will be assessed against the specifications for the deliverables detailed in the contract/task order(s) and the Quality Control Plan (QCP), if required by the contract, for the required content, quality, timeliness, and accuracy.

6.2.4. Past Performance - In addition to any schedule, deliverables, and cost aspects of performance discussed above, pursuant to FAR 42.15, the Government will assess the contractor’s record of conforming to contract requirements and to standards of good workmanship, the contractor’s adherence to contract schedules including the administrative aspects of performance, the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the contractor’s business-like concern for the interest of the customer.

6.3. Surveillance methods: The primary methods of surveillance used to monitor performance of this contract will include, but not be limited to, random or planned sampling, periodic or inspection, and validated customer complaints.

6.4. Performance Measurement: Performance will be measured in accordance with the following table:

Performance

Element Performance Requirement

Surveillance Method Frequency Acceptable Quality Level

Contractor Quality Control Plan

QC activities, inspections, and corrective actions completed as required by the plan.

Inspection by the COR Quarterly for overall QC activities;

100% Compliance with the contractor plan. As Required for corrective actions.

Contract Deliverables

Contract deliverables furnished as prescribed in the PWS, attachments, CDRLs, Task Orders, etc., as applicable.

Inspection by the COR 100% inspection of all contract deliverables.

>95% of deliverables submitted timely and without rework required.

Overall Contract Performance

Overall contract performance of sufficient quality to earn a Satisfactory (or higher) rating in the COR’s annual report on Contractor

Performance

Assessment by the COR Annual All performance elements rated Satisfactory (or higher)

Invoicing Monthly invoices per contract procedures are timely and accurate.

Review & acceptance of the invoice

Monthly 100% accuracy

If performance is within acceptable levels, it will be considered to be satisfactory. If not, overall performance may be considered unsatisfactory.

Incentives/Disincentives:

The COR’s makes an annual report on Contractor Performance (CPARS or other annual report). The contractor’s failure to achieve satisfactory performance under the contract/task order, reflected in the COR’s annual report, may result in termination of the contract/task order and may also result in the loss of future Government contracts/task orders. The contractor’s failure to achieve satisfactory performance under the contract/task order may result in the non-exercise of available options.

For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.

In accordance with the inspection of services provisions of the contract, the contractor will be incentivized to provide quality products in a timely manner since the Government can require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

7. Enterprise-wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for OPNAV N95 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2)…