Q and A for solicitation 0004.pdf

Iran Litigation Follow-On Questions and Answers

1. Question: Is there a list of interested parties or industry day planned for this solicitation where we could connect with prospective prime contractors?

Answer: No. There is no list of potential vendors available, and there is no industry day planned for this solicitation.

2. Question: The June 12, 2026, delivery of the Step 1 Plan requires verification of the company’s FCL. This information is CUI. Please provide instructions on how to deliver this information.

Answer: We have created an amendment to provide clearer instructions surrounding this. Please see amendment 0001.

3. Question: The requirement for an operational Department of State fiber optics cable connection at the contractor's facility by the performance start date appears to present a significant barrier to non-incumbent contractors, as:

(1) establishing DOS-approved fiber connectivity requires coordination with the Department of State which involves a multi-party approval and installation process with extended lead times. (2) the incumbent contractor presumably already has this connectivity established at their current facility; and (3) non-incumbent offerors cannot rely on post-award Government coordination for installation without being deemed "unacceptable." yet, contractors cannot unilaterally order/install a new Department of State approved fiber connection into a new contractor facility without a valid requirement (e.g. Navy sponsorship via contract award).

Considering the above, how does the Government intend to ensure fair and open competition for offerors who do not currently possess DOS fiber connectivity but are otherwise technically capable of performing this requirement?

We respectfully request an extension of the deadline to submit Phase 1 Connectivity Plans until government can clarify the above question. We find, without a clear answer to the question, the current solicitation unduly favors the incumbent contractor.

Answer: The requirement for an operational Department of State fiber optics cable connection by the performance start date represents the Government’s actual minimum need. With major legal milestones upcoming, the Navy requires sustained and uninterrupted contractor support. Furthermore, the Navy has no authority to authorize alternative access methods.

Historical data indicates that the multi-party approval and installation process for a new DoS MPLS circuit likely involves a significant lead time. Given the October 01, 2026 performance start date and the critical upcoming milestones, the Navy cannot accept the programmatic risk of a work stoppage while a new circuit is installed post-award.

While the Government acknowledges the technical complexities of DoS network access, the fiber optics cable connection by the performance start date represents the Government’s minimum need. The Step One evaluation allows interested sources the flexibility to propose any compliant solution to meet the day-one requirement.

As such, the requirement for an operational Department of State fiber optics cable connection by the performance start date remains unchanged. However, to allow interested sources sufficient time to respond after release of these clarifications, the Government is extending the Step One submission deadline to 3:00 PM EST on 17 June 2026.

4. Question: As a DOS fiber optic connectivity will require DOS agreements and installation protocols with likely extensive lead times, would the Navy consider contractor personnel use of the Government's current spaces and equipment, with DOS-connectivity, as an alternative option until such time as a contractor's proposed facility achieves operational DOS connectivity?

Answer: The Government does not have any current space and equipment available that can be used by contractor personnel in this manner. As such, PWS section 4.4 (‘Location and Hours of Work’) remains unchanged.

5. Question: The solicitation establishes a Step-One Plan submission deadline of June 12, 2026, while the deadline for offeror questions is June 19, 2026. This timeline requires contractors to submit their Step-One Fiber Optic Cable Connection Plans prior to receiving Government responses to questions and clarifications regarding the solicitation requirements.

We respectfully request the Government extend the Step-One Plan submission deadline for a reasonable timeframe after all questions have been responded to. This will allow interested sources to prepare their Step-One Plans with a full understanding of the Government's expectations for the connectivity requirement?

Answer: The Government will extend the Step One submission deadline to 3:00 PM EST on 17 June 2026.

6. Question: Are subcontractors performing FMS analytical and reconciliation support required to hold a Top-Secret Facility Clearance (FCL), or is a Secret personnel clearance sufficient for subcontractor personnel performing analytical support roles?

Answer: Per solicitation Section A, interested sources must possess an active Facility Clearance (FCL) at the Top-Secret level to be considered a Viable Competitor in Step One.

PWS Section 4.6 requires all personnel performing work under this contract, including subcontractor personnel, to possess a SECRET security clearance at a minimum. Additionally, PWS Section 4.6 requires the Program Manager and/or at least one other personnel resource to have a TOP SECRET clearance to perform work on the Iranian Counterclaim issues.

The prime contractor is responsible for incorporating all applicable security requirements into its subcontracts. A subcontractor must possess an FCL commensurate with the classification of the work they will be performing.

7. Question: Per the Q&A, there is a reference that the instructions for CUI submission are provided;

however, in the actual Amendment 001, no further instructions were provided. May we please provide any CUI submission in accordance with CMMC's requirements for password protected email?

Answer: Amendment 0001 updated Section A language regarding verification of interested source’s FCL / CUI concerns in response to question #2. The updated language was as follows:

“Additionally, interested sources shall provide, as part of their Step-One submission, an attestation that they possess an active Facility Clearance (FCL) at the Top-Secret level. Interested sources shall provide their Commercial and Government Entity (CAGE) code for verification of current clearance status. An interested source that does not have a Top-Secret FCL at the time of Step-One submission will be determined to be a Non-Viable Competitor and will not have their Step-One Plan further assessed.

An attestation and CAGE code do not constitute CUI.

8. Question: I am reaching out to inquire about the expected timeframe for notification by the Government regarding whether the Contractor has been granted acceptance to proceed to Step 2 of the solicitation process. It would be greatly appreciated, if you could provide any guidance on when we can anticipate this communication.

Answer: The government anticipates having the step 1 submissions reviewed no later than COB Friday, 26 June 2026. Communication to respective contractors will be completed shortly after the review process is completed.

9. Question: We respectfully request that the Government extend the Step-Two Plan submission deadline from July 7, 2026, to July 21, 2026. Interested sources will not be notified whether they are viable competitors until after June 26, 2026, which materially compresses the time available to prepare complete Step-Two Plans and incorporate the Government’s expectations and responses to questions. In addition, the Step-One deadline was extended from June 12 to June 17, but Step-Two has not been adjusted accordingly.

Answer: The solicitation deadline will remain unchanged.

10. Question: We respectfully request that the Government extend the Questions deadline from June 19, 2026, to June 26, 2026, to allow time for interested parties to address any changes resulting from the Government’s recent amendments and answers to questions.

Answer: The question deadline will remain unchanged.

11. Question: Please clarify what continuity, transition, or incumbent-knowledge transfer support the Government expects at contract start. Please confirm whether there will be any transition support, records handoff expectations, inventory reconciliation, or incumbent coordination. (Solicitation p. 2)

Answer: The solicitation is clear on its face.

12. Question: Please clarify the expected performance location. Section L states that labor is evaluated as 100% on-site at the contractor facility / 0% off-site at the Government facility, while Sections E and F list the OGC Navy Litigation Office, 720 Kennon Street, Washington Navy Yard, DC as the place of performance, inspection, and acceptance. How should offerors interpret the intended worksite mix for staffing, security setup, and pricing?

Answer: Performance is 100% at the contractor facility.

13. Question: Can the Government please provide estimated staffing levels, case volumes, and expected labor mix by role and seniority? (Solicitation pp. 32, 49–51)

Answer: The PWS outlines the requirements for this solicitation. It is the responsibility of the interested sources to develop their own staffing levels and labor mix.

14. Question: Can the Government please provide an estimate of the number of claims, matters, files, or taskings that are expected in the base period and each option period? Additionally, is there a current backlog? What is the expected monthly inflow and does the Government anticipate any changes?

Answer: The solicitation is clear on its face (specifically PWS sections 3.2-3.19).

15. Question: Can the Government please provide any lessons learned, staffing levels, or performance issues experienced during recent years or anticipated changes that should inform pricing?

Answer: Historical staffing and performance data will not be provided.

16. Question: Can the Government please confirm the expected monthly inflow of new work and whether any surge periods are anticipated tied to litigation events, discovery, hearings, or leadership requests?

17. Question: Can the Government please provide any special handling, access, translation, travel, or onsite requirements that could affect cost?

18. Question: Please provide additional detail on travel expectations, especially for any support connected to filings or hearings before the Iran-U.S. Claims Tribunal in The Hague. Can the Government please provide historical and anticipated annual travel assumptions, trip frequencies, or typical destinations that offerors should use beyond the Government’s evaluation amounts? (Solicitation pp. 9–10, 50–51)

19. Question: Please clarify the intended scope of “material” costs under CLIN 0003 and corresponding option CLINs. Can the Government provide examples of expected material categories anticipated under this requirement? (Solicitation pp. 9, 51)

Answer: See PWS sections 4.8.2 Document Storage (Electronic Data), 4.8.3 Document Storage (Hard Copy Records), and 4.10 Material Costs).

20. Question: Please clarify what specific deliverables the Government expects by contract line item and by reporting cycle, including any required analyst reports, reconciliation outputs, evidence packages, inventories, or status reports. (Solicitation pp. 19–25, 49–50)

Answer: See PWS section 5.

21. Question: Please clarify whether the Government requires any formal transition-in inventory, chain-of-custody reconciliation, or baseline records validation at the start of performance for the stored hard-copy and electronic Iranian records. (Solicitation pp. 50–51)

Answer: PWS sections 4.8.2 and 4.8.3 outlines what the Government expects with regard to assuming responsibility for the stored hard-copy and electronic Iranian records. All of these records have been carefully inventoried and will be ready to be handed over to the contract awardee by the performance start date. If necessary, the COR for this contract can be physically available to ensure a smooth transition and confirm that all records are intact and properly accounted for.

22. Question: Please clarify whether classified or other sensitive deliverables must follow any specific transmission, packaging, labeling, or submission procedures beyond the general instruction that classified matter sent by mail must comply with the National Industrial Security Program Operating Manual.

(Solicitation p. 11)

Answer: Section D, "Packaging and Marking," states that transmittal of classified matter shall be in accordance with the National Industrial Security Program Operating Manual (DoD 5220.22-M). Section I contains additional clauses regarding the safeguarding and handling of information. The solicitation does not provide further specific procedures.

23. Question: Can the Government please provide information regarding the “Government information systems and databases” that will be used for this contract?

Answer: PWS section 3.1 outlines the Government information systems and databases that will be used for this contract.

24. Question: Can the government please provide the anticipated number of users for each of the anticipated Government information systems and databases?

Answer: The Government defers to the contractor to make decisions on which employees have access to the various systems. In general, any and all employees may be eligible to be approved and receive access to the systems utilized in this litigation effort. However, all employees are subject to meeting the minimum security and training requirements before access is granted.

25. Question: Can the Government please provide information regarding what technologies, connectivity components, access systems, and credentialing processes will be required to support government system connectivity, fiber optic access, employee accounts, and CAC eligibility?

26. Question: The following clauses are found in the Draft Contract as part of RFP N0018926D016, FAR 52.222-41 (Deviation 2026 O0038) and FAR 52.222-43 (Deviation 2026 O0038); please provide the appropriate Wage Determination, per the Department of Labor, that should be utilized for this Request for Proposal.

Answer: Please see the attached wage determinations.