N0018921RZ057_0002.pdf

N6891020210282

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1.) Answ er all questions received in response to the soliciation in Section A.

2.) Update the PWS in Section C.

3.) Update Section I.

4.) Update Section J.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 20

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Jul-2021

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N0018921RZ057

X 9B. DATED (SEE ITEM 11)

02-Jul-2021

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Jul-2021

CODE

NAVSUP FLC NORFOLK CONTRACTING

PHILADELPHIA OFFICE

700 ROBBINS AVENUE, BLDG 2B

PHILADELPHIA PA 19111-5083

N00189 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0018921RZ057

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been added by full text:

AMENDMENT 0002

THE FOLLOWING IS A LIST OF QUESTIONS RECEIVED IN RESPONSE TO THIS SOLICIATION. THE

QUESTIONS ARE PROVIDED FOR ALL POTENTIAL OFFERORS TO REVIEW.

Q1: Would the government consider extending the due date of the RFP to July 30, 2021?

A1: The deadline for receipt of proposals has been extended to 30 July 2021.

Q2: On page 2 of the RFP, it states, “The acceptance period of offers submitted in response to this RFP is 120 days from the closing date of the RFP” When does the government anticipate awarding this contract?

A2: The government intends to award this contract prior to Period of Performance start date.

Q3: How much time is the government going to allot for transition from time of award to start of the period of performance?

A3: The amount of time available for transition will depend upon when award is made.

Q4: Do you want bidders to estimate all the costs?

A4: Pages 66-67 of the solicitation state the Volume II – Price/Cost information.

Q5: Please confirm that the minimum 5% SDB goal identified in Section A. 4. applies only to the FAR 52.219-9 Small Business Subcontracting plan and not to the Socio-Economic Plan. If not, please explain.

A5: The minimum 5% SDB goal identified in Section A. 4. applies only to the FAR 52.219-9 Small Business Subcontracting plan and not to the Socio-Economic Plan.

Q6: This section states that the solicitation does not require participation by small business entities, but a Socio- Economic Plan is required. Can you please tell us how the Socio-Economic Plan will be evaluated? For instance, Pass/Fail, Acceptable/Unacceptable, Higher participation targets, higher rating, etc.?” (Reference: Pg. 66) A6: The Socio-Economic Plan will be evaluated in accordance with the solicitation.

Q7: “If a Socio-Economic Plan is submitted as required but identifies zero participation in all categories, will that make the Offeror ineligible for award?” (Reference: Pg. 66) A7: If the offeror fails to provide targets for the contract and/or any of the seven socio-economic factors, the offeror's proposal will be evaluated at zero percent and/or zero dollars for the contract and/or any socio-economic factor for which a target is not provided. This alone would not make an offeror ineligible for award.

Q8: “Is there any narrative required in the Socio-Economic Plan or simply the dollar and percentage targets by socio-economic category?” (Reference: Pg. 66) A8: The offeror shall propose the Socio-Economic Plan in accordance with the solicitation.

Q9: Given the nature of the work and some labor categories being proposed historically being subject to Wage Determination Schedules; request confirmation that resultant award will not require compliance with the Service Contract Act and there is no intention to incorporate Wage Determination Schedules at award. (Reference: Pg. 65) A9: SCA clauses have been added to the solicitation and resultant award will require compliance with the Service Contract Act. See adjustments to Section I.

Q10: Given the requirement in FAR 52.222-46 Evaluation of Compensation for Professional Employees is required for the Prime AND first Tier subcontractors, and much of the data can be considered business sensitive/proprietary, is it the Government expectation that Subcontractors will submit the required compensation plan directly to the Government in support of the Prime contractor solicitation? If so, will the Government please provide subcontractor submission instructions? (Reference: Pg. 66) A10: Subcontractors may submit the required compensation plan directly to the government via the email address contained in the solicitation for the RFP Point of Contact. The subcontractor compensation plan required by the solicitation pursuant to FAR 52.222-46 must be received by the due date and time identified in the solicitation for submission of proposals. Failure of the subcontractor to timely submit the required information to the identified POC will result in the offeror’s proposal being ineligible for award.

Q11: Given the fluid nature of research, analysis, and unknown factors such a trials, hearings, “unscheduled” meetings, would the Government consider another approach (over Fixed Price) such as T&M or Cost Plus?

A11: The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

Q12: Given the uncertainties of this offering, would the Government consider an extension to 2 weeks after the questions are answered?

A12: The deadline for receipt of proposals has been extended to 30 July 2021.

Q13: RFP Section L: III. - Proposal Content (c) Socio-Economic Plan - Socio-Economic Plan is included in the 20-page Volume I page count - in view of potentially limiting SB participation due to the varying lengths of Socio- Economic Plans that are dependent upon the Contractor’s use/non-use of small businesses for this solicitation. Will the Government consider excluding the Socio-Economic Plan from the Volume I page count?

A13: The Socio-Economic Plan will be included in the 20-page Volume I page count.

Q14: Requesting the government to consider an appropriate extension to the Proposal Submission date of 23 JUL 2021.

A14: The deadline for receipt of proposals has been extended to 30 July 2021.

Q15: So that vendors may identify which tools/equipment it may need to perform, and hence define some of the pricing data that will involve, will the Government provide a list of GFE prior to proposal submission?

A15: GFE list now included in Section J as attachment VI.

Q16: Does the research, location, and matching of evidence for the cases outlined in tasks 3.2.1 – 3.2.6 require any further analysis or write up to be submitted to explain the findings?

A16: The tasks in 3.2.1 through 3.2.6 relate to the initial effort in locating and matching evidence to the specified cases. Although no additional detailed analysis or write-ups are required at this stage, the contractor must track its progress on matching the evidence to ensure it is performing in accordance with the yearly expectations. This information shall be documented in the monthly Status of Litigation Activities deliverable report. The more detailed research on the matched evidence will be accomplished in paragraph 3.3 where the analysts will determine if the matched evidence properly supports the billing lines and provide line notes to identify whether research is complete or if additional research is required.

Q17: Does the government anticipate the same level of support in regards to FTEs with the same number of senior, mid, and junior analysts?

A17: As noted on page 2, paragraph 5 of the solicitation, the requirements have been reduced for this new requirement. It is up to the prospective bidders to determine the overall number of FTEs as well as the breakdown of senior, mid, and junior analysts to accomplish the tasks and specific requirements outlined in the PWS.

Q18: Could the Government provide any performance metrics which could be used to determine performance, such as how long it is expected to take to scan a page, review an invoice, draft a brief, perform trial support and all the myriad sub-tasks that are associated with that support? (Reference: Attachment III – QASP) A18: The PWS clearly outlines the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q19: This section includes: The COR shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the COR must take into consideration all documentary information available and any information developed from personal observations. In part because this is a fixed price contract, could the Government provide metrics for numbers of tasks and either staffing levels to perform or the time it is expected to take to perform each sub-task? In particular, some tasks do not seem to comport with fixed price unless the Government provides either labor volumes or task times-to-perform; these would include such tasks as support for oral briefings, hearings, and trials, research of issues, collecting and assembling evidence, researching and Research and locate evidence for individual billing lines. Can the Government provide either guidance on labor volumes, or estimated time to perform for the included tasks? (Reference: Attachment IV – Contract Administration Plan) A19: The PWS clearly outlines the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q20: The PWS identifies one task as “search and locate evidence for individual billing lines”… and notes that the contractor will accomplish this by either accessing and reviewing computerized images in the IDMAS and Image Silo systems, or access and review hard copy records if the computerized images are illegible or not available. Can the Government identify how long it takes to perform according to each approach and what the estimated ratio is from the on-line approach versus the hard copy approach? (Reference PWS 3.2) A20: The PWS clearly addresses the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q21: Each of these references includes a number of units of work by year, over the life of the contract, or both, but they do not indicate how much work it is to perform each unit of “locate and match evidence”. As it is critical to estimating personnel resource category and time, could the Government also provide an indication of the complexity of this work (to assist the vendors in determining appropriate labor categories) and the estimated time to perform each unit of research and matching? (Reference PWS 3.2.1-3.2.6) A21: The PWS clearly addresses the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q22: The PWS identifies various tasks which include analysis, conduct and participation in meetings, retrieve materials as identified, and so on. In most cases, the Government has indicated how many tasks there are, but has not indicated either how long it takes to perform each task (possibly could not because it might vary dramatically in performance) nor the relative complexity of the task (which would help determine the labor category needed to perform). Would the Government consider an Industry Day/Office Walk-Though at which (cleared) vendors could be presented with work sample and be enabled to ask questions? (Reference PWS 3.3-3.16) A22: There will be no Industry Day for this solicitation. The PWS clearly addresses the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q23: These sections identify the work that needs to be performed, and via use of words such as analyze, integrate, and research, the Government indicated that these are not “standard time” tasks. Can the government provide estimated averages of the time to perform, along with numbers of each kind of sub-task? Or provide estimate labor categories and number of personnel? (Reference PWS 3.2-15) A23: The PWS clearly addresses the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q24: This section says “Support scheduled and unscheduled filings and hearings with the Iran-US Claims Tribunal at The Hague that may require shifting of priorities and resources.” Can the government provide estimated averages of the time to perform, along with numbers of each kind of sub-task? Or provide estimated labor categories and number of personnel? (Reference PWS 3.15) A24: The PWS clearly addresses the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q25: Regarding the 20 GB of e-data to be stored, must the vendor use the existing tool(s)? If not, will a FedRAMPed solution be acceptable? If so, at what FedRAMP level? (Reference PWS 4.8.2) A25: The awardee will utilize the existing Image Silo database and internet-based application for accessing these records.

Q26: Can the government provide the headcount/personnel staffing level for the current workforce?

A26: The Government will not provide the headcount/personnel staffing level for the current workforce.

Q27: Can the government provide any work estimates regarding the specific durations (hours/minutes) for the various tasks provided in the PWS?

A27: The PWS clearly addresses the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q28: Can the government provide additional workload data regarding the requirements of the PWS (e.g.: C.3.4- Termination charges- an average size of each case) for estimating purposes?

A28: The PWS clearly addresses the requirements for this solicitation. It is the responsibility of the prospective bidders to develop their own estimates and explain how they will administer their individual plans, labor categories, and manpower proposals for executing the various tasks contained in the solicitation.

Q29: 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. Given the 150 mile radius restriction within the NCR for the Prime and any subcontractors, will the Prime and subcontractors be allowed to employ personnel who live outside the 150 mile radius, but can telework as long as the practice does not interfere with the employees’ ability to conduct research or gain access to the required computer systems or data resources?

A29: The 150 mile radius restriction is being expanded to a 175 mile radius. The contractor will be permitted to employ no more than 10% of their total personnel resources who live and work outside the 175 mile radius of the Washington, DC area. See adjustments to PWS Section 4.4.

Q30: Section 3.1.1 states “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.” Is this activity completed during or prior to the “date performance commences” or is this activity part of the transition period? Will the government clarify the Level-Of-Effort (LOE) for “coordinating efforts to establish a fiber optics connection discussed under PWS 3.1.1? Will contractor costs be under CLIN 0003? Will the contractor be required to coordinate fiber optic cable for the Last Mile connection to the Department of State terminal location or does this connection already exist? Will the contractor be required to install fiber optic cable for the Last Mile to the contractor’s terminal location? Will the government clarify/provide which Last Mile connection would be sufficient at the contractor’s terminal location: FTTP, FTTH, FTTB, FTTD, FTTB, FTTC, FTTN, FTTS?

A30: The contractor will be provided with instructions and contacts to initiate work to establish the fiber optics connection between the contractor facility and the State Department upon award of the contract. This process takes a great deal of time and coordination, so it will not be completed prior to the date performance commences. During this transition period, contractor employees may be required to conduct periodic travel to the State Department offices in order to access the system and receive required training on the various computer applications. Local travel costs for these visits may be charged to the Travel CLIN 0002 on this contract. The Government will do its best to assist in minimizing any delays in getting the connection up and running. The State Department will have the lead role in ensuring the fiber optics connection is installed, tested, and fully implemented. The contractor will be required to coordinate with their building manager or landlord to allow for internal wiring connections. The level of effort on the part of the contractor will be dependent on the building location and complexities that might crop up between the building point of entry and the actual office space where line needs to be run to. The State Department should assume all costs associated with installation and maintenance of the fiber optics connection. However, if any additional or unforeseen costs do occur, they may be chargeable as a Material cost under CLIN 0003. The State Department will be responsible for coordinating the entire line of connection from the State Department to the computer terminals at the contractor site.

Q31: Regarding the PWS 3.6 requirement to “host monthly and quarterly meetings at its own facility…in person.”

Will the government clarify/provide requirements necessary for the contractor to host such meetings, such as seating and presentation requirements, physical/facility security requirements for meeting location, location constraints, or any other requirements?

A31: The monthly and quarterly meetings provide an opportunity for Government personnel to visit the contractor facility and meet with the contractor employees to discuss progress and exchange questions and comments. At these meetings, the contractor should be prepared to provide status updates on the various projects as well as timelines on completing those projects. The Government appreciates having presentation slides to accompany these meetings as backup documentation. The formal meetings are usually completed in less than two hours, but Government representatives may stay longer to break into smaller group discussions on various individual projects. It is also helpful to have someone take attendance and record meeting minutes to document specific questions and information that might come up. The conference room or meeting space for these meetings should accommodate seating for up to five Government representatives, as well as any and all contractor or subcontractor employees who wish to attend. The meetings may contain sensitive information so basic security precautions should be followed.

Government approved teleconferencing applications may also be utilized for these meetings. Instructions and access to these applications will be provided after the contract is awarded.

Q32: Regarding the PWS 3.7.1 - Visit DoD, Federal, and Contractor Activities - To assist with staffing and resource locations and/or potential travel cost estimations, will the government provide more specific locations that the contractor will be required to visit “DoD, Federal, Contractor,”; and Frequency of such visits by geographic area(s)?

Will the government provide historical data to support these estimates?

A32: In prior years the contractor personnel traveled rather frequently to the various Federal Records Centers, DoD contractor facilities, and other Government agencies to search for documents and interview potential witnesses.

Although these trips have become far less frequent in recent years, the Government continues to maintain this requirement in the PWS in case there is a need for additional research at any of these potential locations. Current projections might require bi-yearly visits to the Suitland Federal Records Center to review additional collections of records that have not yet been reviewed by the Navy. There may also be a remote possibility to visit one or more of our DoD facilities. The current Travel CLIN 0002 estimate should be more than enough to cover the costs associated with any and all travel requirements under this contract.

Q33: PWS Section 4.3.1 states that, “the contractor must provide a Contract Manager and an Alternate”, while Section 4.6 States “the program manager and/or at least one other personnel resource must have a TOP SECRET clearance level.” Will the government clarify which Key Personnel positions are required for the solicitation? Are the Contract Manager and Program Manager separate positions or the same?

A33: The Contract Manager and Program Manager are one and the same. The PWS states that the Program Manager must have a Top Secret clearance. In addition, the U.S. Counterclaim involves highly classified documents so the contractor must designate at least one other personnel resource with a Top Secret clearance to that project. PWS section 4.6 is updated.

Q34: PWS Section 4.3.2 requires “technically qualified personnel...The Government reserves the right…to request work histories on any contractor employee for the purpose of verifying compliance with above requirements.” Will the government clarify/provide additional Labor Category descriptions, business, technical qualifications to be used by the government’s review/approval process under this PWS requirement?

A34: PWS section 4.3.2 is removed.

Q35: Section 4.7 states that the list of government furnished equipment “will be provided after an award decision has been made.”, while Section 4.7.1 states that the contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items …necessary to perform…except those items specified as government furnished property and services.” In order to ensure a competitive bid while ensuring minimal risk and an accurate cost estimating by the contractor: Contractor requests that the government provide a listing of government furnished equipment and/or property (as part of the RFP) to be provided under the resulting contract.

A35: GFE list now included in Section J as attachment VI.

Q36: Is the Top Secret Facility Security Clearance required at time of award?

A36: Yes – a Top Secret Facility Security Clearance is required at the time of award. See adjustments to PWS Section 4.6.

Q37: Section 3.7.2 notes “The contractor must have access to GIP and ImageSilo at the time of the performance start date.” However, section 3.16 notes ``Access to these systems will be provided after the contract is awarded.”

Kindly clarify the Government's position on access to these systems.

A37: The General Inventory Program (GIP) is managed and controlled by the Department of State. The contractor will be provided access to this system after the contract is awarded. Upon award of the contract, contractor personnel will need to be immediately trained and brought up to speed on how to utilize the GIP system by State Department personnel. Contractor personnel may be required to travel to the Department of State offices in Washington DC to receive this training. Local travel expenses may be charged to the Travel CLIN under the contract. All other costs to the contractor must be included in the firm fixed price CLIN.

The Image Silo database is a full collection of Navy imaged documents that are searchable through an internet-based application. This collection of records is currently managed through a separate agreement with the incumbent contractor. The Image Silo database is currently administered by a company called DataBank. The successful offeror will be reimbursed with funds from the ODC Materials CLIN to pay DataBank for these services. The costs for maintaining/using/accessing the Image Silo database are included in the budget for the Materials CLIN under the new contract. The Government will ensure the awardee is provided with the information that is necessary to move forward in assuming its own subcontract agreement to satisfy this requirement. See adjustments to PWS Sections

3.7.2 and 4.8.2.

Q38: PWS Section 4.8.1 states, “Document management includes establishing control over the movement of all materials (including delivery, shipping, and pickup) …” In order to ensure a competitive bid while ensuring minimal risk and an accurate labor and associated costs estimating by the contractor: Must the contractor provide personnel to perform “on-site” delivery, shipping and pickup of physical documents? Is the use of encrypted e-mail or USPS Registered Mail /FEDEX Signature Upon Delivery acceptable - when authorized? Contractor requests the government clarify/provide an estimate of the volume (monthly/quarterly/annually) of delivery, shipping, and pickup that will be required; or Provide historical data to support cost estimates?

A38: The contractor is responsible for ensuring new collections of hard copy documents are transferred to and from the DataBank Corporation for imaging into the Image Silo database. The DataBank Corporation offers pickup services at the contractor’s site, so the contractor will only need to physically retrieve and return the boxes from the warehouse storage site. The costs for the Databank pick-up service are included in the monthly maintenance and imaging fees that DataBank will bill to the successful offeror. The successful offeror will be reimbursed for these costs through the Materials CLIN. The contractor may use USPS Registered Mail or FEDEX Signature upon Delivery when authorized. Shipping costs may be charged to the Materials CLIN. Almost all of the records in the warehouse have already been imaged and encoded. The yearly estimate for new collections of records will likely be less than 25 boxes per year. See adjustments to PWS Section 4.8.2.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

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 will be provided access to GIP and Image Silo after contract is awarded.

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 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 175 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.