Sec. 814. NAVY-MARINE CORPS INTRANET

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## SEC. 814 NAVY-MARINE CORPS INTRANET ###

(a)Limitation None of the funds authorized to be appropriated for the Department of the Navy may be obligated or expended to carry out a Navy-Marine Corps Intranet contract before— ####

(1)the Comptroller of the Department of Defense and the Director of the Office of Management and Budget— #####

(A)have reviewed— ######

(i)the Report to Congress on the Navy-Marine Corps Intranet submitted by the Department of the Navy on June 30, 2000; and ######

(ii)the Business Case Analysis Supplement for the Report to Congress on the Navy-Marine Corps Intranet submitted by the Department of the Navy on July 15, 2000; and #####

(B)have provided their written comments to the Secretary of the Navy and the Chief of Naval Operations; and ####

(2)the Secretary of the Navy and the Chief of Naval Operations have submitted to Congress a joint certification that they have reviewed the business case for the contract and the comments provided by the Comptroller of the Department of Defense and the Director of the Office of Management and Budget and that they have determined that the implementation of the contract is in the best interest of the Department of the Navy. ###

(b)Phased Implementation ####

(1)Upon the submission of the certification under subsection (a)(2), the Secretary of the Navy may commence a phased implementation of a Navy-Marine Corps Intranet contract. ####

(2)Not more than 15 percent of the total number of work stations to be provided under the Navy-Marine Corps Intranet program may be provided in the first increment of implementation of the Navy-Marine Corps Intranet contract. ####

(3)No work stations in excess of the number permitted by paragraph

(2)may be provided under the program until— #####

(A)the Secretary of the Navy has conducted operational testing and cost review of the increment covered by that paragraph; #####

(B)the Chief Information Officer of the Department of Defense has certified to the Secretary of the Navy that the results of the operational testing of the Intranet are acceptable; #####

(C)the Comptroller of the Department of Defense has certified to the Secretary of the Navy that the cost review provides a reliable basis for forecasting the cost impact of continued implementation; and #####

(D)the Secretary of the Navy and the Chief of Naval Operations have submitted to Congress a joint certification that they have reviewed the certifications submitted under subparagraphs

(B)and

(C)and have determined that the continued implementation of the contract is in the best interest of the Department of the Navy. ####

(4)No increment of the Navy-Marine Corps Intranet that is implemented during fiscal year 2001 may include any activities of the Marine Corps, the naval shipyards, or the naval aviation depots. Funds available for fiscal year 2001 for activities of the Marine Corps, the naval shipyards, or the naval aviation depots may not be expended for any contract for the Navy-Marine Corps Intranet. ###

(c)Additional Phase-In Authority Pending Second Joint Certification ####

(1)#####

(A)Notwithstanding subsection (b)(3), the Secretary of the Navy may order additional work stations under the Navy-Marine Corps Intranet contract in excess of the number provided in the first increment of the contract under subsection (b)(2), but not to exceed an additional 100,000 work stations. The authority of the Secretary of the Navy to order additional work stations under this paragraph is subject to approval by both the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense. #####

(B)The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense may not grant approval to the Secretary of the Navy to order additional work stations under subparagraph

(A)until a three-phase customer test and evaluation, observed by the Department of Defense, is completed for a statistically significant representative sample of the work stations operating on the Navy-Marine Corps Intranet. The test and evaluation shall include end user testing of day-to-day operations (including e-mail capability and performance), scenario-driven events, and scenario-based interoperability testing. ####

(2)#####

(A)Notwithstanding subsection (b)(3), the Secretary of the Navy may order additional work stations under the Navy-Marine Corps Intranet contract in excess of the number provided in the first increment of the contract under subsection (b)(2) and the number ordered under the authority of paragraph (1), but not to exceed an additional 150,000 work stations. The authority of the Secretary of the Navy to order additional work stations under this paragraph is also subject to approval by both the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense. #####

(A)until each of the following occurs: ######

(i)There has been a full transition of not less than 20,000 work stations to the Navy-Marine Corps Intranet. ######

(ii)The work stations referred to in clause

(i)have met applicable service-level agreements specified in the Navy-Marine Corps Intranet contract, as determined by contractor performance measurement under oversight by the Department of the Navy. ######

(iii)The Chief Information Officer of the Navy certifies to the Secretary of the Navy and the Chief Information Officer of the Department of Defense that the results of the performance evaluation referred to in clause

(ii)are acceptable. ####

(3)Of the work stations ordered under the authority provided by paragraph (2), not more than 50 percent may reach the major milestone known as “assumption of responsibility” until each of the following occurs: #####

(A)All work stations for the headquarters of the Naval Air Systems Command have met applicable service-level agreements specified in the Navy-Marine Corps Intranet contract, as determined by contractor performance measurement under oversight by the Department of the Navy. #####

(B)The Chief Information Officer of the Navy certifies to the Secretary of the Navy and the Chief Information Officer of the Department of Defense that the results of the performance evaluation referred to in subparagraph

(B)are acceptable. ####

(4)For the purposes of this section, when the information infrastructure and systems of a user of a work station are transferred into Navy-Marine Corps Intranet infrastructure and systems under the Navy-Marine Corps Intranet contract consistent with the applicable service-level agreements specified in the Navy-Marine Corps Intranet contract, the work station shall be considered as having been provided for the Navy-Marine Corps Intranet. ###

(d)Reporting and Review Requirements ####

(1)If work stations are ordered using the authority provided by paragraph

(1)or

(2)of subsection (c), the Secretary of the Navy shall submit to Congress a report, current as of the date the determination is made to order the work stations, on the following: #####

(A)The number of work stations operating on the Navy-Marine Corps Intranet, including the number of work stations regarding which assumption of responsibility has occurred. #####

(B)The status of testing and implementation of the Navy-Marine Corps Intranet program. #####

(C)The number of work stations to be ordered under paragraph

(1)or

(2)of subsection (c), whichever applies. ####

(2)A report containing the information required by paragraph

(1)shall also be submitted to Congress when the requirements of paragraph

(3)of subsection

(c)are satisfied and additional work stations under the Navy-Marine Corps Intranet contract are authorized to reach assumption of responsibility. ####

(3)The Comptroller General shall conduct a review of the impact that participation in the Navy-Marine Corps Intranet program has on information technology costs of working capital funded industrial facilities of the Department of the Navy and submit the results of the review to Congress. ###

(e)Assignment of Navy-Marine Corps Intranet Manager The Secretary of the Navy shall assign an employee of the Department of the Navy to the Navy-Marine Corps Intranet program whose sole responsibility will be to oversee and direct the program. The employee so assigned may not also be the portfolio acquisition executive. ###

(f)Prohibition on Increase of Rates Charged The Secretary of the Navy shall ensure that rates charged by a working capital funded industrial facility of the Department of the Navy for goods or services provided by such facility are not increased during fiscal year 2001 for the purpose of funding the Navy-Marine Corps Intranet contract. ###

(g)Applicability of Statutory and Regulatory Requirements The acquisition of a Navy-Marine Corps Intranet shall be managed by the Department of the Navy in accordance with the requirements of— ####

(1)subtitle III of title 40, United States Code, including the requirement for utilizing modular contracting in accordance with section 38 of the Office of Federal Procurement Policy Act (41 U.S.C. 434); and ####

(2)Department of Defense Directives 5000.1 and 5000.2–R and all other directives, regulations, and management controls that are applicable to major investments in information technology and related services. ###

(h)Impact on Federal Employees The Secretary shall mitigate any adverse impact of the implementation of the Navy-Marine Corps Intranet on civilian employees of the Department of the Navy who, as of the date of the enactment of this Act, are performing functions that are included in the scope of the Navy-Marine Corps Intranet program by— ####

(1)developing a comprehensive plan for the transition of such employees to the performance of other functions within the Department of the Navy; ####

(2)taking full advantage of transition authorities available for the benefit of employees; ####

(3)encouraging the retraining of employees who express a desire to qualify for reassignment to the performance of other functions within the Department of the Navy; and ####

(4)including a provision in the Navy-Marine Corps Intranet contract that requires the contractor to provide a preference for hiring employees of the Department of the Navy who, as of the date of the enactment of this Act, are performing functions that are included in the scope of the contract. ###

(i)Duration of Base Navy-Marine Corps Intranet Contract Notwithstanding section 2306c of title 10, United States Code, the base contract of the Navy-Marine Corps Intranet contract may have a term in excess of five years, but not more than seven years. ###

(j)Definitions ####

(1)In this section, the term “**Navy-Marine Corps Intranet contract**” means a contract providing for a long-term arrangement of the Department of the Navy with the commercial sector that imposes on the contractor a responsibility for, and transfers to the contractor the risk of, providing and managing the significant majority of desktop, server, infrastructure, and communication assets and services of the Department of the Navy. ####

(2)In this section, the term “**assumption of responsibility**”, with respect to a work station, means the point at which the contractor team under the Navy-Marine Corps Intranet contract assumes operational control of, and responsibility for, the existing information infrastructure and systems of a work station, in order to prepare for ultimate transition of the work station to the Navy-Marine Corps Intranet. * * * * * * *

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41 USC 434

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Sec. 814

NAVY-MARINE CORPS INTRANET

Cite41 USC 434

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