PWS NLO Litigation Support.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR SERVICES IN SUPPORT OF NAVY LITIGATION

1. GENERAL REQUIREMENTS

1.1. Introduction: The contractor shall provide personnel and technology to support litigation handled by the Naval Litigation Office (NLO) and, occasionally, other Department of the Navy (DON) or government attorneys or organizations.

1.2. Litigation: “Litigation” includes all pretrial, trial, and post-trial stages of existing, pending, or potential judicial or administrative trials or hearings, or similar proceedings by which a tribunal outside the DON resolves a legal dispute.

1.3. Historical Information: The NLO docket can significantly vary in size, complexity, and subject matter. The information concerning the NLO docket is provided herein only to illustrate the nature of the work that shall be provided under this contract.

1.3.1. Size: The NLO docket usually consists of 200-300 open cases in various forums. Varying types and degrees of support will likely be provided to more than 50 cases per year.

1.3.2. Complexity: The complexity of NLO litigation may range from the very simple to the very complex. Complex cases include class actions, multi-million dollar contract claims, and complaints involving important DON operational or policy matters. Cases often involve administrative records consisting of many thousands of documents from multiple organizations or locations worldwide. NLO retains expert consultants or witnesses for a substantial number of cases. The contractor must be able to work cooperatively with the consultants or witnesses retained as part of the NLO litigation team.

1.3.3. Subject Matter: NLO may be assigned other types of litigation, but the cases to be supported under this contract will fall primarily into three major areas: contracts, environmental, and civilian personnel.

1.3.3.1. Contracts cases involve claims and disputes under federal contracts for supplies (including major weapon systems), services, construction, and research and development.

1.3.3.2. Environmental cases involve both affirmative and defensive actions pertaining to environmental statutes and regulations, as well as land use and natural resources issues, military operations or training, base realignment and closure, or various other federal activities.

1.3.3.3. Civilian personnel cases involve complaints by members of the federal civil service, employees of non-appropriated funded activities, or applicants for employment, and may include allegations of government discrimination, sexual harassment, or retaliation for participation in protected activities.

1.3.4. Tribunals: Cases may be tried before adjudicative bodies including federal, state, and foreign courts, and administrative boards such as the Armed Services Board of Contract Appeals, Equal Employment Opportunity Commission, and the Federal Labor Relations Authority.

1.4. Support Services: “Support services” assist the Government in conducting litigation.

1.4.1. Services will typically be provided in the context of a specific case or group of cases. However, occasionally, services may support projects related to NLO operations or DON litigation in general.

1.4.2. Services will include, but not be limited to, assisting government attorneys with all phases of litigation. Descriptions of specific tasks to be performed are Sections 3 through 8 of this PWS, but in general support services under this contract fall into seven broad categories:

1.4.2.1. Project management, including planning, coordinating, and overseeing all specific tasks to support the case, in accordance with Section 3 of this PWS.

1.4.2.2. Investigation and analysis of the facts of the case by locating, collecting, reviewing, and analyzing paper and electronic documents, as well as conducting site inspections, or interviewing witnesses, in accordance with Section 4 of this PWS.

1.4.2.3. Research and analysis of the decisions, statutes, regulations, and other sources of law applicable to the case, including use of computer assisted legal research, and reading, in accordance with Section 4 of this PWS.

1.4.2.4. Information and evidence management by identifying, locating, collecting, preserving, processing, analyzing, producing, presenting, storing, and disposing of paper and electronic documents and data, in accordance with Section 5 of this PWS.

1.4.2.5. Providing NLO attorneys and other designated personnel (e.g., expert consultants and witnesses) with access to secure, user-friendly web-accessible cloud applications, enabling them to remotely create, read, edit, process, analyze, and produce documents for the case, in accordance with Section 6 of this PWS. Information concerning the software currently used by NLO is identified in Attachment J to this contract.

1.4.2.6. Storing electronic documents and data in a secure web-accessible cloud work environment, enabling NLO attorneys and other personnel (including expert consultants and witnesses) to remotely upload, download, view, and edit content, and storing paper documents in a secure, readily accessible facility, in accordance with Section 7 of this PWS.

1.4.2.7. Assisting NLO attorneys in preparing for and conducting case proceedings including interviews, depositions, hearings, and trials, in accordance with Section 8 of this PWS.

1.4.3. The contractor will not provide legal representation, advice, or interpretations to the DON under this contract.

1.5. Technical Direction: The Government shall not exercise direct supervision or control over the contractor’s employees. Contractor personnel will at all times and in all circumstances be accountable to the contractor, which, in turn, will be responsible to the Government for performance. However, the Government will provide technical direction to the contractor concerning performance.

1.5.1. Technical direction may be provided by the Contracting Officer, the Contracting Officer’s Representative (COR), NLO Senior Associate Counsel, NLO Special Counsel for Litigation, or NLO Director.

1.5.2. In addition, technical direction for a particular case, project, or task may be provided by any cognizant attorney affiliated with that case, project, or task once the contractor receives approval to proceed in accordance with paragraph 3.3.1 below. A “cognizant attorney” is any attorney identified to the contractor as a trial attorney, supervising attorney, assisting attorney, or point of contact for a case, project, or task.

1.5.3. The Government may communicate technical direction by email or in writing, or, at the contractor’s discretion, by any other means.

1.6. Resources: All resources needed to provide services under this contract shall be the responsibility of the contractor unless expressly agreed to by the Government.

1.6.1. Contractor Personnel: The contractor shall provide a sufficient number of fully qualified and experienced personnel to provide all necessary services, including those related to information technology (IT), and to meet all case and project deadlines.

1.6.2. Facilities, Equipment, and Materiel: The contractor shall furnish all facilities, equipment, and material, including IT services and licenses, unless the Government expressly agrees otherwise.

1.6.2.1. The offeror shall maintain a DoD Provisional Authority (PA) at Cloud Impact (IL) 4 or higher, and any cloud services needed to fulfill the requirements of this contract will be PA (IL) 4 compliant. In addition, the offeror must provide a roadmap to achieve a Navy Authority to Operate (ATO) using the IL4 PA and a future upgraded PA at IL 5, including all required integrated implementation environments for all applications included in the solution, as well as an estimated timetable and projected costs.

1.6.2.2. The offeror shall be responsible for cloud continuous monitoring activities in accordance with the DoD PA.

1.6.2.3. The offeror shall be required to pursue a Navy ATO working jointly with NLO and other government and contractor team members immediately upon the initiation of this contract.

1.7. Management Responsibilities and Functions: The contractor shall provide general contract management as required by Section 2.1 and specific support management as required by Section 3.

1.8. Confidentiality and Non-Disclosure: The contractor and its employees shall not communicate with anyone other than the Contracting Officer, the COR, NLO Senior Associate Counsel, NLO Special Counsel for Litigation, NLO Director, or cognizant attorneys concerning any work performed under the contract, or information obtained through this contract. The contractor shall restrict access to information to those with a need to know and ensure preservation of all evidentiary privileges. All personnel working under the contract are required to sign non-disclosure agreements. Failure to comply with these requirements shall be a basis for the Government to terminate this contract. Related requirements are set forth in Sections 5 and 7 of the PWS and DFARS 252.204-7014 in Section I of the contract.

1.9. Conflicts of Interest: The contractor shall comply with the following provisions with respect to conflicts of interest.

1.9.1. Definition: For purposes of this contract, a “conflict of interest” arises whenever the contractor’s performance of the contract is incompatible with a financial, business, organizational, legal, or personal interest of the contractor or their employees, agents, or assigns, or of any subcontractor or subcontractor personnel. The term conflict of interest includes not only actual, existing conflicts, but also circumstances reasonably likely to create a future conflict or the appearance of a conflict. Examples of a conflict of interest include, but are not limited to:

1.9.1.1. Representing, entering into a business transaction, or contracting with another person or entity in the same or substantially related matter in which that person or entity’s interests are materially adverse to the interests of the Government.

1.9.1.2. Acquiring interests adverse to the Government without the Government’s written consent.

1.9.1.3. Using any information obtained under the contract without the Government’s written consent.

1.9.1.4. Using any information obtained under the contract for financial gain.

1.9.2. Evaluation: The Government shall provide to the contractor the following information for purposes of evaluating whether they have a conflict of interest: (1) the name of the case; (2) the names of the parties; and, (3) if known, the names of the attorneys representing the parties. The contractor shall use this information to conduct a conflict of interest evaluation to the best of their knowledge and belief.

1.9.3. Notice: The contractor shall provide notice to the Contracting Officer, COR or cognizant attorney as soon as is practicable if they believe they have a conflict of interest. The notice shall be in writing, signed by an individual with authority to bind the contractor.

1.9.4. Determination: Based on the information provided by contractor, the Contracting Officer or COR shall determine whether the contractor has a conflict of interest. If the conflict is limited to individual employees or subcontractors, the contractor shall be solely responsible for ensuring the affected personnel or entities are not involved in performance.

2. GENERAL TASKS

2.1. Contract Management: Professional management is essential to the contractor’s ability to perform this contract successfully. The contractor shall employ and monitor personnel and resources to ensure all contract requirements are met, and all work is completed accurately, on schedule, and within cost estimates for each project as well as awarded amounts for the contract. Throughout the performance cycle, the contractor shall immediately notify the Contracting Officer’s Representative (COR) of any significant deviations from or changes to any previously provided estimates to enable the Government to conduct a cost-benefit analysis of the work in question.

2.2. Litigation Support Equipment, Workstations, and Software: The property administration provisions of this contract apply to items (litigation support equipment, workstations, software, and other equipment or materials) delivered to the contractor upon completion of litigation support performed under other contracts.

2.3. Advice and Training: The contractor shall provide advice on issues that arise or may arise in DON litigation for the Government’s consideration. The contractor shall prepare and provide training materials or presentations for DON attorneys and staff on discovery, the use of document processing applications, or other subjects related to litigation based on the needs of the case.

2.4. Quality Control and Quality Assurance: The services provided under this contract support DON litigation; they must meet the highest standards of quality and professional excellence. The contractor shall develop and implement quality control and quality assurance processes and procedures to ensure its work meets all identified standards, is accurate, and is performed within applicable time requirements.

2.5. Information Technology: Sections 6 and 7 cover technical requirements for database and application services, but because of the ongoing evolution of IT and the way it is used in litigation, it is impossible to identify with particularity the specific IT services the contractor should use to perform this contract. However, the Government anticipates the use of electronically stored information (ESI) and web-based technologies will continue to increase over the period of performance, and therefore, the contractor shall maintain expertise in all aspects of IT in general and its utility in litigation in particular, including the use of predictive coding and programs for sorting data, identifying evidence, and conducting all phases of litigation, including affirmative and responsive discovery.

2.5.1. The application of IT to litigation includes the creation and operation of secure web-accessible database services for document storage and processing, and the operation of software services for sorting data, creating and giving presentations, and document acquisition, review, and reproduction.

2.5.2. The contractor shall provide trained, competent personnel to work with new technologies as the need arises.

2.5.3. The contractor shall ensure all digital deliverables are and remain compatible with NLO’s hardware and software.

2.5.4. Security of IT services and the associated systems, documents, and data is of paramount importance in litigation and in DON operations. The contractor shall therefore be responsible for complying with industry standards as well as direction from the Government concerning the security of data or documents acquired under this contract, as well as any IT services and associated databases, networks, nodes, or media containing such data or documents. Ensuring the appropriate levels of security awareness and of active security enforcement is an inherent responsibility of all IT personnel performing at every level. IT personnel are responsible for knowing and observing all Government security requirements, for ensuring a high level of security awareness among their co-workers, and for promptly reporting all security lapses or violations.

3. SPECIFIC TASKS: PROJECT MANAGEMENT

3.1. Scope: The contractor shall implement, manage, and coordinate the various tasks they will perform for a case or other project assigned to them for support by NLO.

3.2. Pre-Performance Planning: The majority of work performed under this contract will support individual cases. The specific tasks to be performed will depend on the forum, facts, issues, posture, attorney, and other aspects of the case. Therefore, before beginning work on a particular case, the contractor must ensure there is a mutual understanding of the Government’s requirements and the contractor’s proposed solutions.

3.2.1. Project Manager: For each case or project, the contractor shall designate a project manager to serve as the Government’s primary point of contact with the contractor and to oversee the contractor’s performance. The contractor shall submit to the COR and the cognizant attorney the project manager’s name and contact information upon designation.

3.2.2. Preliminary Support Proposal: Before the contractor begins work on a case or project, the project manager shall coordinate with the cognizant attorney to develop a preliminary support proposal.

3.2.2.1. The proposal should address issues including the other contractor personnel who will be assigned to the case, the specific tasks the contractor expects to perform in support of the case, the estimated cost of support, and a projected schedule of deadlines and milestones.

3.2.2.2. The Government will determine on a by-case basis if any other details are required and whether the preliminary proposal must be in writing.

3.3. Performance:

3.3.1. Approval to Proceed: Once the preliminary proposal has been submitted, the COR, NLO Senior Associate Counsel, NLO Special Counsel for Litigation, or NLO Director will approve it and authorize work to commence, after which the cognizant attorney will generally provide the technical direction on the performance of specific tasks and other aspects of support.

3.3.2. Deviations and Modifications from Preliminary Proposal: If after the approval of the preliminary proposal the contractor believes significant changes to personnel, costs, schedule, etc. are warranted, the contractor shall notify both the cognizant attorney and the COR as soon as is practicable to enable NLO to conduct internal discussions or reviews prior to authorizing the changes.

3.3.3. Progress Reports: The contractor shall provide reports or attend meetings as directed by the cognizant attorney to keep the Government apprised of task progress, expenditures, and other aspects of performance, as well as to solicit additional technical direction as appropriate.

4. SPECIFIC TASKS: INVESTIGATION AND RESEARCH

4.1. Scope: The contractor shall provide logistical, administrative, and other support to cognizant attorneys comparable to the assistance typically provided to attorneys in the private sector by a paralegal, law clerk, or legal assistant, including locating and interviewing witnesses, locating and reviewing documents and other evidence, conducting site visits and inspections, conducting and analyzing legal research, creating and organizing pleadings and subpoenas. Contractor personnel may conduct investigations, interviews, inspections, and research independently or in conjunction with NLO attorneys or other personnel based on the needs of the case.

4.2. Factual Investigation and Analysis: The contractor will be responsible for accomplishing the following tasks in support of the Government attorney:

4.2.1. Based on the needs of the case, the contractor shall identify, locate, and contact potential witnesses, develop interview topics, conduct interviews, take statements, and draft declarations, affidavits, discovery requests and responses, and prepare subpoenas. This includes vetting of potential expert witnesses or consultants.

4.2.2. Based on the needs of the case, the contractor shall identify, locate, and review documents and other potentially relevant items, prepare summaries and analyses, draft discovery requests and responses, and prepare subpoenas. This includes assisting with the implementation and management of litigation holds.

4.2.3. Based on the needs of the case, the contractor shall conduct site visits and inspections, record observations, prepare summaries and analyses, draft discovery requests and responses, and prepare subpoenas

4.3. Legal Research and Analysis: Based on the needs of the case, the contractor shall research and analyze case law from relevant courts and boards, statutes, regulations, digests, treatises, articles, and other materials, and draft pleadings, memorandums, or other documents based on their research and analysis. Though the contractor shall select the specific hardware and software used, the contractor must at a minimum have access to United States federal court records, pleadings, and dockets, as well as a computer assisted legal research tool sufficient to conduct comprehensive and prompt research of relevant sources.

4.4. Other Research and Analysis: The contractor shall occasionally research issues relevant to the litigation other than law. Examples include researching financial data in a contracts case, reviewing scientific and technical data in an environmental case, or performing statistical analysis in a civilian personnel case. However, no in-depth knowledge or experience in such matters is required, as the contractor will not be required to provide expert witnesses or consultants.

4.5. Discovery Assistance: As also described in with Sections 5, 7, and 8 of this PWS, the contractor shall assist the cognizant attorney with both affirmative and responsive discovery by collecting, processing, and producing documents, researching and preparing requests and responses, conducting and providing guidance on electronic discovery, and providing other support based on the needs of the case.

4.6. Locations: Witnesses, documents, other evidence, and sites will usually be in the continental United States, but occasional travel to other locations may be required.

5. SPECIFIC TASKS: DOCUMENT AND DATA MANAGEMENT

5.1. Scope: The contractor shall provide document and data management for each case or project based on the needs of the case. However, all information obtained or retained by the contractor under this contract will remain the exclusive property of the Government, and must be handled by all contractor personnel according to Government directives or the express terms of this contract.

5.1.1. “Document” includes all writings, recordings, and images, regardless of file format or storage media. Depending on the case, the documents involved may be electronic or paper, or a combination thereof. The contractor must be able to convert paper documents to electronic documents and convert electronic documents to paper documents without any loss of fidelity or legibility.

5.1.2. “Data” includes facts, statistics, or other information generated by, read by, or stored in a computer.

5.1.3. “Management” includes planning and executing the identification, preservation, collection, movement, processing, production, presentation, dissemination, storage, and disposition of data and documents, based on the needs of the case.

5.2. Collection: The contractor shall collect documents or data from DON installations or other government facilities worldwide, and occasionally, the contractor may be required to collect documents or data from sites where the Government does not control access to the information or the facilities.

5.2.1. The contractor shall coordinate, monitor, or execute all activities associated with the collection of documents or data.

5.2.2. The contractor shall be responsible for assigning personnel with security clearances and other credentials necessary to access facilities, documents, and data.

5.2.3. The contractor shall be capable of collecting or importing ESI from all major DON sites, systems, and applications, including all Outlook ESI (e.g., emails, calendar entries, tasks, and notes), instant messages, texts, voicemails, Microsoft Office documents, (e.g., .doc .docx, .xls, .xlsx, .ppt, and .pptx), Adobe documents (e.g. .pdf or Adobe portfolio, including embedded documents), Wide Area Workflow data, and websites.

5.2.4. Frequently, ESI may be collected remotely rather than by directly accessing a machine, network, server, or other source.

5.2.5. The contractor shall ensure all relevant evidentiary metadata is preserved during collection and at all subsequent stages of document management through disposition. Metadata is data associated with a document that identifies information about that document. Depending on the document, the relevant evidentiary metadata may include the collection source, custodian, author, begdoc#, enddoc#, docid, pgcount, groupid, parentid, attachids, attachlist, begattach, endattach, properties, record type, from, to, cc, bcc, subject, convindex, docdate, text filepath, date time sent, date time crtd, date time svd, date time mod, date time recvd, date time accd, file size, file name, application, file extension, filepath, native link, folder id, paragraph request number, md5 hash, message header, attachmcount, file type, comments, message type, or extended properties. Prior to collecting electronic documents or converting paper documents to electronic documents, the contractor shall consult the cognizant attorney concerning the specific metadata involved.

5.2.6. The contractor shall provide training, guidance, and instruction to DON employees or other personnel to enable them to collect ESI as dictated by the particular needs of the case.

5.3. Processing: “Processing” includes marking, naming, logging, tracking, sequencing, deduplication, indexing, coding, labeling, numbering, tagging, searching, filtering (including “de-NISTing” system documents), threading, clustering, translating, formatting, screening (for issues such as responsiveness, relevance, or privilege), reviewing, and applying redactions to documents, as well as extracting or analyzing data from or about documents.

5.3.1. The contractor shall maintain a log of documents in designated categories including privileged, classified, proprietary, Privacy Act, business sensitive, deliberative process, Controlled Unclassified Information, For Official Use Only, Unclassified Controlled Nuclear Information, and otherwise sensitive or confidential information.

5.3.2. The contractor must be able to process both electronic documents and paper documents, as explained in detail in Sections 5.4 and 5.5.

5.3.3. Electronic Documents: The contractor must be capable of supporting NLO in all phases of the standard Electronic Discovery Reference Model, though the Government shall determine the specific services and deliverables for a particular case, typically, the contractor will be tasked to process documents as follows:

5.3.3.1. Log and track documents using unique identifiers (e.g., name, bar code and Bates numbering).

5.3.3.2. Extract, convert, or render text and images (including emails, and any documents attached thereto or embedded therein) to a document format compatible with full-text searching (including marking, coding, and indexing documents as appropriate), while also retaining a copy of the document in native format. Conversion includes using an optical character reader (OCR) to convert non-text based documents to text. All paper-based documents shall be reassembled to their original state after conversion to electronic documents, unless instructed otherwise by the Government.

5.3.3.3. Extract and store metadata or other data from documents without modifying the original document or changing the metadata values.

5.3.3.4. Upload to and host electronic documents in a secure web-accessible repository complying with all requirements in Section 7 of this PWS.

5.3.3.5. Review documents for relevance and privilege, and apply appropriate redactions to copies of documents to be shared or produced.

5.3.3.6. Identify duplicates and near-duplicates based on standard file-level hashing algorithms or text comparisons, including, when necessary, side-by-side comparisons of documents.

5.3.3.7. Transfer electronic documents via web-based file transfer or file sharing, and download electronic documents to portable media.

5.3.3.8. Prepare electronic or paper documents for production or dissemination, including labeling, assembly, and binding.

5.3.3.9. Produce “blowback” paper copies of electronic documents. All pages in the blowback copy shall be identical in appearance and sequence to the electronic version, unless the Government instructs otherwise.

5.3.3.10. Thoroughly document all enhancements, conversions, edits, and other changes to documents or data to maintain an intact chain of custody, and to preserve their evidentiary value and admissibility.

5.3.4. Paper Documents: The contractor shall process paper documents in paper form or convert them to electronic documents based on the needs of the case.

5.3.4.1. “Processing” documents in paper form shall include logging, indexing, review, redaction, production, and other tasks in Section 5.3.1 to the extent applicable

5.3.4.2. When scanning, imaging, copying, or printing a paper document, the contractor shall ensure deliverables are clearly legible, properly paginated and collated, and of a quality suitable for presentation to a court.

5.3.4.3. The contractor shall review all paper originals prior to scanning, photocopying, or other processing to identify in advance those documents that cannot be accurately copied or imaged due to the defective condition of the original. The contractor shall notify the cognizant attorney of any such defects as soon as is practicable. Deliverables failing to meet the quality standards in Section 5.6 shall be rejected by the Government, and the contractor shall bear the cost of replacing rejected work, unless the failure was due to a defect in the original document that was not evident at the time of the contractor’s review.

5.3.4.4. All scanning shall be performed in accordance with the latest revision of NSI/AIIM MS44-1993, Recommended Practices for Quality Control of Image Scanners, and other applicable standards. Deliverables must meet applicable AIIM and ANSI standards as well as all other requirements for resolution, contrast, grey scaling, skew, integrity of phrase label index, and general workmanship.

5.3.4.5. Scanned or imaged pages of paper documents shall be returned in the exact order, collation, and condition in which they were received.

5.3.5. The contractor shall select the particular equipment and application services to be used for processing documents. However, the contractor shall provide timely, accurate, and high quality processing, and shall ensure deliverables are, and remain, compatible with NLO hardware and software, or in compliance with direction from the Government.

5.4. Document Storage: The contractor shall securely store all documents and electronic storage devices throughout the lifecycle of a case or project.

5.4.1. Electronic Documents: All documents and data collected or created by the contractor pertaining to a particular case or project shall be placed in a discrete workspace for that case or project. The workspace shall reside within a secure web-accessible repository database in accordance with Section 7 of this PWS.

5.4.2. Paper Documents:

5.4.2.1. Paper documents may include “blowback” copies (i.e., printouts) of electronic documents. The contractor shall ensure all pages in a blowback copy of an electronic document are identical in appearance and sequence to the electronic version, unless the Government instructs otherwise.

5.4.2.2. The contractor shall have the ability to store at least 500 standard bankers’ boxes of paper documents at a site affording immediate access to the documents to contractor personnel, NLO personnel, and other individuals or organizations authorized by Government. This storage site must be within a 20-mile radius of the Visitor’s Center of the Washington Navy Yard, and must normally be accessible between 7:00 a.m. and 5:00 pm, Monday through Friday.

5.4.2.3. Additional paper documents may be stored at the same site or other sites, but all paper documents must be retrievable within three business days or less. Any costs associated with storage of documents beyond 500 bankers’ boxes, including transportation costs, will be charged to the Government as an ODC.

5.5. Dissemination: The contractor shall be responsible for the security of all information acquired under this contract while in its possession, custody, or control. No documents or data acquired under this contract may be electronically or physically disseminated unless expressly authorized by the Government.

5.5.1. The particular method of dissemination, the format and media to be employed, and whether the information must be encrypted, shall be determined on a case-by-case basis. However, the contractor must be capable of providing, at a minimum, cryptography that is NIST certified (i.e., FIPS 140-2 or current).

5.5.2. If information acquired under this contract becomes the subject of a subpoena directed to the contractor, the contractor shall immediately notify the COR and cognizant attorney.

5.6. Disposition: At the completion of a case or project, or when the cognizant attorney determines they are no longer relevant, documents or data acquired under this contract shall be disposed of in accordance with Government requirements and the needs of the case. “Disposition” includes but is not limited to archiving, returning to the site or source from which they were acquired, or destruction.

5.6.1. The contractor shall provide the services needed to transfer any or all of the documents and data in the formats and to the recipients as determined by the cognizant attorney.

5.6.2. Disposition of official information must comply with applicable federal, DoD, and DON regulations and other requirements when transferring documents to a Federal Records Center or other storage facility. Upon request, the contractor shall therefore provide a written plan to the cognizant attorney detailing the preparation, transfer, documentation, and all other aspects of disposition.

6. TASKS: LITIGATION SUPPORT SOFTWARE SERVICES

6.1. Scope: The contractor shall provide the Government with on-demand, self-service litigation support software services enabling NLO attorneys, other OGC attorneys, expert witnesses or consultants, and other individuals as designated by the Government to create, import, export, read, edit, search, comment on, annotate, and process electronic documents in a secure, virtual workspace.

6.1.1. The particular software service provided must be intuitive and logical for the user, and customizable to meet the differing needs of specific cases and projects.

6.1.2. The contractor shall be solely responsible for ensuring both the software service and the means by which the Government accesses it comply with all relevant Federal, DoD, and DON security requirements applicable to the type of information in the documents being accessed.

6.1.2.1. The security requirements in Section 7.5 below shall apply to all documents and data in the contractor’s software service and associated IT infrastructure, regardless of whether active or at rest.

6.1.2.2. Unclassified litigation documents are Controlled Unclassified Information (CUI) and require cloud IL 4 or higher controls. The documents may also contain Personally Identifiable Information (PII). The Confidentiality Impact Level is moderate.

6.1.3. The contractor shall price option CLINs in compliance with the not-to-exceed value provided in Section B of the RFP. The Government may elect to exercise these CLIN in order to provide access to the litigation software services and hosting to OGC field office, or for another designated user for up to five complex cases per period.

6.2. Training and Support: The contractor shall provide users with training on the software service, including “hands-on” training emphasizing the immediate use of the service. The contractor shall also routinely answer questions, address concerns, and provide guidance to maximize the utility of the service to the user.

6.3. Specific Requirements: The contractor shall select the specific litigation support software provided by the cloud service, and any associated hardware and infrastructure necessary to deliver this service, consistent with the specific requirements in this or other sections of the PWS.

6.3.1. The software must be owned by the contractor and reside on IT infrastructure provided by the contractor as part of the cloud service offering, but must be compatible with relevant DON hardware and software. Attachment J identifies the existing IT used by NLO. However, the contractor may be required to update its software or hardware if the IT used by NLO changes during the contract’s period of performance.

6.3.2. The software service must allow for at least 50 simultaneous users and unlimited named users.

6.3.3. The software must be user friendly, enabling the Government to accomplish those processing tasks identified in Section 5.3. without contractor assistance, as well as to conduct searches across multiple documents in the same workspace. Where the option CLINs identified in 6.1.3, are exercised, the contractor shall provide a user account or password, and initial search term recommendations to the designated field office or other user, to enable access to the software services, The contractor shall utilize a segregated hosting area, separate and distinct from where NLO’s case files are hosted. The contractor shall help establish the case file hierarchy within the software tool.

6.3.3.1. Users must be able to search the text of documents by keyword, proximity, Boolean and wildcard searches.

6.3.3.2. Users must be able to search the metadata of documents by Bates numbers, tags, date, custodian, sender (or creator), recipient, copied recipients, and blind copied recipients.

6.3.3.3. Users must be able to search for a term in a specific field, while excluding occurrences of the term in all other fields.

6.3.3.4. Users must be able to concurrently search multiple search parameters, save search results, and save and refine search criteria.

6.3.3.5. Users must be able to create user-defined tags for issues, relevance, and the nature and basis for privilege.

6.3.4. The software must be directly accessible via the worldwide web using NLO’s IT devices and standard security mechanisms (e.g., biometrics or tokens) provided to the Government, without requiring interaction with an internet service provider or with contractor personnel.

6.3.5. The software service must provide sufficient interface with other software applications to enable the user to download documents or data to their own device or intranet, and upload documents or data into the remote workspace in common formats including .tif, .jpg, .pdf, .doc, .docx, .xls, .xlsx, .ppt, and .pptx.

7. SPECIFIC TASKS: LITIGATION SUPPORT DATABASE SERVICES

7.1. Scope: The contractor shall design, develop, implement, maintain, and update litigation support database services as necessary to support DON litigation.

7.1.1. The contractor shall select the specific cloud services and software for all database services under this contract, unless otherwise directed by the Government.

7.1.2. The contractor shall provide training and guidance on the use of database services created or maintained under this contract to government personnel, expert witnesses or consultants, or other contractors as designated by the Government.

7.1.3. The contractor may also be required to extract, convert, analyze, and report on a wide variety of data received from sources other than the DON, and to assist in the production of data from the database services to tribunals, clients, opposing counsel, or other parties designated by the Government.

7.1.4. Security of government information shall be of paramount concern in designing, operating, and maintaining all databases under this contract and any and all cloud services will comply with the requirements in 1.6.2.

7.1.4.1. The design for each database service shall include a security plan to ensure the security, integrity and availability of all government information.

7.1.4.2. The contractor shall be responsible for maintaining current backup versions of all electronic database services created under the contract during its period of performance, and creating recovery procedures for all government information contained therein.

7.2. Document Repository Database Service: One database service the contractor shall provide will provide a repository to host unclassified electronic documents and data associated with cases or projects, or as otherwise directed by the Government. For purposes of this PWS, this database shall be referred to as “the repository.”

7.2.1. The repository must initially be capable of holding and maintaining at least 20 TB of digital information (including images and native documents), and able to increase the storage capacity of the repository by 1 TB per each subsequent performance year. The contractor shall notify the COR upon reaching 80% of maximum storage capacity.

7.2.2. The repository must be secure web-accessible by at least 50 simultaneous users working from any location, and offer both collaborative and private access ability (e.g. secure remote sharing of data with other NLO personnel, other agencies, or expert witnesses or consultants). Security must be tailorable as to who and how particular documents and data can be accessed.

7.2.2.1. Documents and data will typically be grouped by case or project in a distinct workspace for that case or project. Therefore, the contractor must be able to control access to each separate workspace and to each document within a workspace.

7.2.2.2. To ensure the security, integrity, and admissibility of the documents and data in the workspaces, the contractor must be able to restrict users to “view only” access as designated by the Government.

7.2.3. The repository must seamlessly interface with the litigation support software services described in Section 6, enabling users to open and manipulate the documents in the repository with the litigation support software.

7.3. Scalable Workspace Accessibility: The solution provided by the contractor should allow for the normal timelines and patterns for work in litigation. Specifically, the pace of litigation is uneven and unpredictable, and thus the contractor’s solution should allow for varying levels of accessibility to the workspace for a particular case or project.

7.3.1. Any case or project that has not been completed and is being supported by the contractor is characterized as an “open” case, and once it has been completed or support is concluded, it is characterized as “closed.” However, an open case or project may remain idle for a substantial period. Therefore, the contractor’s solution should be able to distinguish between “active” and “inactive” workspaces.

7.3.2. While a workspace is “active,” the documents in that workspace must be stored online such that they are instantaneously accessible.

7.3.3. While a workspace is “inactive,” documents in that workspace may be stored nearline rather than online, provided the workspace can be restored to “active” status and the documents can be moved online within 72 hours of the cognizant attorney’s request.

7.3.4. If the cognizant attorney determines the workspace will be inactive for a substantial period, or certain documents need not be readily accessible, the cognizant attorney may also put documents “archived” status. Archived documents may be stored offline, but the contractor must be able to restore them to online “active” status within 10 business days of the cognizant attorney’s request. Regardless of how archived documents are stored, they shall not be considered in calculating the amount of digital information being stored in the repository.

7.4. Custom Database Services: In addition to the document repository described in Sections 7.2 and 7.3, the contractor shall develop other litigation-related databases required under this contract or based on the needs of the case, including databases of text, coded and formatted data, or graphic images. They may also include document control or case management databases. For purposes of this PWS, these are referred to as “custom database services.”

7.4.1. The contractor shall submit for review and approval by the COR or cognizant attorney a system design for each custom database service created under this contract. At a minimum, system design shall include: Draft Fields Definition Table (DFDT) and proposed data edits; system flow charts (functional block diagrams showing the contractor’s proposed approach to fulfilling the requirements of the PWS, as well as major computer logical decisions); in-process review schedule; project milestones with completion schedules and costs; and identification of personnel assigned to system implementation. Upon approval of the design, the contractor shall develop, test, debug, and install software to allow on-line data entry and updating and on-line retrieval with search/query capability. Batch update and retrieval shall also be available.

7.4.2. The contractor shall incorporate and, to the extent necessary, format or convert databases created by government employees, expert witnesses or consultants, or other contractors based on the needs of the case.

7.4.3. Custom database services shall comply with the requirements in 1.6.2.

7.5. Security Requirements:

7.5.1. As noted in Section 7.1, information security is of paramount importance. The contractor shall design all database services as part of its commercial cloud service offering to comply with DoD and DON security standards, particularly the Risk Management Framework, and fully document the design specifications for the database service and associated infrastructure.

7.5.2. For the cloud service infrastructure, litigation support cloud software, and associate databases and software, the contractor shall implement security controls and other security measures complying with all DoD and DON requirements to handle information at DoD cloud IL 4 or higher and meet the requirements of 1.6.2.

7.5.3. Using industry standards, the authorized continuous monitoring plan associated with the DoD PA and Navy ATO, in addition to the requirements above, the contractor shall immediately report all security incidents involving the cloud service to the contracting officer, COR, the DON OGC Information Systems Security Manager, and any affected cognizant attorney, and respond immediately and appropriately to mitigate the impact of the incident.

7.5.4. Testing of all cloud hardware, applications, and databases must be comprehensive and in accordance with DoD and DON Risk Management Framework (RMF) policy. Minor revisions, when required, must be effected in a timely and accurate manner. Written documentation must conform to DoD and DON RMF guidelines and other applicable government guidelines and standards for software documentation. Cloud service specifications must comply with applicable DoD and DON RMF policy and other applicable requirements; content must accurately reflect system requirements.

7.5.5. The contractor shall immediately notify the government of employees who have left the contract and require their government network credentials to be revoked.

7.5.6. The contractor shall maintain databases within a case workspace or as separate project, based on the needs of the case. Regardless of which of these options is pursued, the contractor shall place all databases in active, near line, or archived status as designated by the Government.

7.5.7. The Government may verify compliance with the foregoing security requirements through onsite and remote inspections.

8. SPECIFIC TASKS: SUPPORT FOR TRIALS, HEARINGS, AND OTHER PROCEEDINGS

8.1. Scope: The contractor shall support the cognizant attorney before, during, and after depositions, conferences, trials, hearings, and other proceedings. The support may include a wide variety of tasks, including those described in this section.

8.2. Organization and Maintenance of Case Files: Case files include a wide variety of information pertinent to litigation, including pleadings, discovery, correspondence, research, etc. The contractor shall maintain case files in hard copy format, electronic format, or both, as designated by the Government.

8.3. Preparation of Administrative Records: Administrative records are a critical component of many types of litigation, including ASBCA and Administrative Procedures Act cases. They are often voluminous, spanning multiple organizations, locations, and time periods. The contractor shall compile, index, tab, and prepare for submission administrative records based on the needs of the case. Administrative records may be electronic, paper, or a combination thereof.

8.4. Submissions: The Contractor shall assist the cognizant attorney to prepare case pleadings and other submissions in hard copy or electronic media as designated by the Government.

8.4.1. The contractor shall ensure each submission is properly formatted, including citations therein.

8.4.2. The contractor shall ensure timely delivery of each submission to the tribunal, opposing counsel or parties, and any other recipients in the format and by the means designated by the Government.

8.5. Digests: The contractor shall provide digests as designated by the Government. Digests shall combine key facts from evidentiary documents with relevant legal references and analysis.

8.6. Exhibits: The contractor shall prepare and present documents and things for use as evidentiary or demonstrative exhibits during proceedings.

8.6.1. Exhibits may include evidentiary documents, excerpts from and summaries or graphic representations of documents, images, diagrams, simulations, demonstrations, timelines, and tables.

8.6.2. The specific timing, format, and other aspects of exhibit preparation and presentation (potentially including projection and display) shall be designated by the Government.

8.7. Other Documents: The contractor shall create, organize, or prepare other documents as necessary to support the cognizant attorney in a proceeding. Deliverables under this section may include exhibit and witness lists, summaries of evidence, evidentiary documents, annotated exhibits, witness binders or folders containing documents related to that witness (e.g., statements, correspondence, investigation reports, transcripts of depositions), and subject binders or folders containing all documents relevant to the subject matter.

8.8. Technological Support:

8.8.1.