PWS OCHR FOIA PA PROGRAM SUPPORT.pdf

PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF THE NAVY

OFFICE OF CIVILIAN HUMAN RESOURCES

FREEDOM OF INFORMATION ACT/PRIVACY ACT (FOIA/PA) PROGRAM SUPPORT

1. BACKGROUND

1.1 The Office of Civilian Human Resources (OCHR), Office of Counsel, is responsible for overseeing and executing the Freedom of Information Act (FOIA) program.

2. OBJECTIVE

2.1 The Contractor shall provide FOIA/Privacy Act (PA) program support services to OCHR with direction from the OCHR Office of Counsel. The Contractor shall support the final disposition of all unclassified records (regardless of format and classification) in accordance with regulations set forth by the DoD Washington Headquarters Services (WHS), and the National Archives Records Administration (NARA). The Contractor shall support the implementation and administration of the FOIA/PA program for

OCHR.

2.2 Non-Personal Services and Inherently Governmental Functions:

2.2.1 Services rendered under this contract shall be non-personal in accordance with Federal Acquisition Regulation (FAR) 37.104. Contractor personnel services are not subject either by the contract’s terms or by manner or its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Contractor personnel rendering services under this contract shall be under the direct supervision and control of the Contractor.

2.2.2 The Contractor shall not perform inherently governmental functions as prescribed under FAR Subpart 7.5 and DoDM 5400.07, DoD Freedom of Information Act (FOIA) Program. Any performance objectives or other terms and conditions under this contract shall not be interpreted or implemented in any manner that may result in Contractor personnel creating or modifying Federal policies, obligating funds of the Government, or overseeing work of Government employees or other Contractor personnel.

3. PERFORMANCE REQUIREMENTS

3.1 FOIA/PA Operations.

3.1.1 Administrative Instruction 15, "Office of the Secretary of Defense (OSD) Records and Information Management Program," current edition, shall be the records management regulation that the contractor shall use for the proper disposition of records and information created and received in support of this contract and OSD components.

3.1.2 Review, evaluate, and implement established controls for command records activities, both electronic and non-electronic. Conduct analysis on the adequacy of documentation, and management of agency records and provide recommendations regarding declassification actions.

3.1.3 The disposition of records and information will be authorized by written consent of the "COR" or the "program office the contractor is assigned to". The DoD and its contractors are responsible for preventing the alienation or unauthorized destruction of records and information, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. § 2701. Records may not be removed from the legal custody of the Agency or destroyed except in accordance with the provisions of the agency records schedules.

3.1.4 Independently reviews and analyzes FOIA requests, recommends referral to another agency for processing if the request does not fall under the purview of OCHR. Contractor shall make recommendations and seek approval from the Government before information is disclosed to the public. On average, the office expects to receive 15 new FOIA requests monthly. Our backlog includes FOIA actions received in 2018 and consists of approximately 150 cases pending review as of today. Anticipate this may take 1-2 years depending on how many new FOIA requests are coming in at the same time. New FOIA requests will be processed concurrently with the backlog of requests. Contractor shall make recommendations to ensure that personally identifiable information (PII) and other controlled information is protected for any information being disclosed to the public.

3.1.5 Contractor shall search case records and contact appropriate organization personnel or external organizations to obtain releasable records; make recommendations as to the validity of the requests and release authority to other federal agencies and general public. Based on security and policy requirements contractor shall recommend content of proposed materials that should not be released or recommend approval of release as soon as possible.

3.1.6 Coordinates directly with other federal agencies to facilitate the processing and referral of FOIA requests.

3.1.7 Research, prepare, and recommend responses to general or specific FOIA/PA requests. Responses will be answered electronically and released securely via agency email and/or encrypted through the Department of Defense Secure Access File Exchange (DoD SAFE) service for large files transactions.

Communicates with FOIA requesters concerning the status of FOIA requests.

Recommends information to be withheld from disclosure citing the appropriate FOIA exemption code(s) and makes redactions to documents under the direction of an initial denial authority.

3.1.8 Prepare and analyze reports, responses to queries, justifications, and background papers on the technical aspects of areas of expertise and assignment as needed based on FOIA inquiries received. Researches and recommends appropriate actions or interpretation of issues that may have an impact to the command and its components.

3.1.9 The Contractor shall provide record keeping and file management in accordance with (IAW) the following items for all records generated in execution of this contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. § 552); Privacy Act (5 U.S.C. § 552a); 36 CFR Part 1220 through Part 1237.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not create or maintain any record containing any Government Agency records that are not specifically tied to or authorized by the contract.

5. Contractor shall comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. The government must identify those policies and regulations the contractor is required to comply. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

3.1.10 The Contractor shall attend all pertinent meetings for task delineated in this contract as directed by the COR to include Bi-Weekly Contract Status meetings with the COR or to senior leadership. The COR shall determine and inform the contractor if contractor attendance is required to attend meetings or briefings. The Contractor shall provide a report of all meetings directed to attend by the Government. The report shall include as a minimum, a copy of any presentation materials provided to the attendees, attendees list with contact information, a summary of the discussion and any actions/recommendations for FOIA Manager.

3.2 PLACE OF PERFORMANCE.

3.2.1 Performance shall take place at Washington Navy Yard, Building 201, Suite 100.

3.3 OCHR’S BUSINESS HOURS:

3.3.1 Work will be performed during the hours of 7:30 am through 4:00 pm, Monday through Friday, excluding Federal Holidays.

3.3.2 Period of Performance:

01 November 2025-31 October 2026 01 November 2026-31 October 2027 01 November 2027-31 October 2028 01 November 2028-31 October 2029 01 November 2029-31 October 2030 01 November 2030-01 May 2031