Questions_and_Answers_-_usTLD_RFP_11022018.xlsx

XLSX spreadsheet 18 KB Posted Nov 2, 2018

Attached to: . usLTD Registration Management
Solicitation number: 1331L5-19-R-1335-0001
Issued by: Department of Commerce Office of the Secretary

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Solicitation_-_1331L5-19-R-1335-0001_.usLTD.pdf	PDF	Oct 19, 2018

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Sheet1

#	Document	Section Number	Page #	Reference Statement	Question/Comment	Answer
1	Solicitation	C.1.3	8	As of June 2018, the usTLD contained a total of 2,048,409 registered domain names, which include both second level registrations and 12,136 locality based domain names.	Will the DOC provide the renewal dates (or registered) dates for all of the usTLD active registrants?	No. Some of this information may be available through the publicly available .us WHOIS at http://www.whois.us/.
2	Solicitation	F.2 (B)	25	The base period of performance of this contract is from March 1, 2019 through February 28, 2021. The incumbent contract ends on February 28, 2019.	Will the incumbent contractor be assisting with transition out activities, if so what will they be performing?	Yes, the current usTLD contract requires that the current contractor ensure an orderly transition to any successor contractor, similar to Section C.15 of the current solicitation. Activities include, but are not limited to:

• Provide copies of escrowed data to allow Successor Contractor to test conversion/import programs;

• Provide required contact information for various entities (e.g. accredited registrars);

• Provide a detailed plan to sustain DNS resolution during successor’s DNS ramp-up period;

• Provide a plan to transition registrar funds to the successor;

• Provide a communications plan for keeping the community apprised of our transition activities;

	3	Solicitation	C.1.3	8	As of June 2018, the usTLD contained a total of 2,048,409 registered domain names, which include both second level registrations and 12,136 locality based domain names.	Please provide data on the current number of domain names which are subject to registration fees under the scope of this contract (exclusive of Government entities which are not subject to registration fees), and if available, historical data.	This information is not in the possession or control of the Government.
	4	Solicitation	C.1.3	8	As of June 2018, the usTLD contained a total of 2,048,409 registered domain names, which include both second level registrations and 12,136 locality based domain names.	Please provide data on the current number of domain names for which 3 year, 5 year, and lifetime registrations have been paid.	This information is not in the possession or control of the Government.
	5	Solicitation	C.1.3	8	As of June 2018, the usTLD contained a total of 2,048,409 registered domain names, which include both second level registrations and 12,136 locality based domain names.	For those registrations which have been preapaid under the existing contract, will the remaining term of the registration transition to the successful offeror and if so, how will the corresponding prepaid fees be collected by the successful offeror? Additionally, what role will the DOC play in facilitating this settlement between the previous and successor contractors?	The applicable term of the registration that has been prepaid will transition to the new contract as of March 1, 2019. The incumbant will assist the process of transferring registrar funds to the successful offeor. The DOC will oversee these functions and facilitate coordination between the two Contractors.
	6	Solicitation	C.8.1	18	The Contractor shall maintain existing applications and develop and implement additional applications, public resource second‐level usTLD domains, .us directory services, a
usTLD search engine, and other functional enhancements to increase the visibility, utility, and value of the usTLD to its users.	Please provide a list of existing applications and technology platforms: is the intent of requirement "existing applications" or maintain the required functionality (SRS, WHOIS, EPP, etc.)	Such a list is not in the possession or control of the Government. For the purposes of this requirement, "applications" means "services." Any existing service provided to .us registrants must be maintained, transitioned, and carried forward by a successor contractor. Any successsor contractor must also continue to develop and implement enhanced services for .us registrants.
	7	Solicitation	C.12.4	21	The Contractor shall develop and implement a computer security plan. The Contractor shall update such plan annually and deliver such plan to the COR.	Is the initial computer security plan to be submitted with the proposal or after award?	The Computer Security Plan must be submitted with the proposal. Its sufficiency will be considered as part of the technical evaluation.
	8	Solicitation	C.11.1 Conflict of Interest Requirements
	20	The end of this section states: See also the clause at H.8 Organizational Conflict of Interest.	Section H has 6 subsections (H.1 through H.6). Please confirm this reference should be referring to H.2, clause 1352.209-74.	Yes, this reference should refer to Section H.2, clause 1352.209-74.
	9	Solicitation	H.2, Clause 1352.209-74(f)	33	The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR 9.507-1, and shall determine in writing whether the interests disclosed present an actual or significant potential for an organizational conflict of interest.	FAR 9.507-1 identifies language to be included in solicitations regarding potential restraints on future contracting. Please clarify which FAR clause should be referenced for the appropriate disclosures from subcontractors and consultants.	Offeror's must disclose any conflict resulting in a bias because of their finanical, contractual, organizational or other interests which relate to the work under the contract in performing registry management of the .usLTD. This disclosure is also required for any subcontractors or consultants that may be used throughout performance.
	10	Solicitation	H.6 Post Award Evaluation of Contractor Performance	35	(a) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1502 and CAM 1342.15…	Please provide CAM 1342.15 or identify where it may be accessed.	The Commerce Acquisition Manual (CAM), dated April 2010, is available in its entirety on the Department of Commerce website at : http://www.osec.doc.gov/oam/acquistion_management/policy/commerce_acquisition_manual_cam/. CAM Section 1342.15 is available at: http://www.osec.doc.gov/oam/acquistion_management/policy/commerce_acquisition_manual_cam/documents/CAM_1342-150_Contractor_Performance_Information.pdf.
	11	Solicitation	I.2, e(1)	43-44	Item e(1) requires the flow down of the clauses listed on pages 43 and 44 to subcontractors.	Included in the list of required flow downs are clauses related to the Service Contract Labor Standards including 52.22-41, 52.22-51, 52.222-53. However, theses clauses are not applicable at the prime level and therefore would not flow to subcontractors. Please confirm there is no application of the Service Contract Labor Standards (previously the Service Contract Act) to this contract	The service required under this contract is not applicable to the SCA and therefore FAR 52.222-41 is not applicable and consequently will not flow down. FAR 52.222-51 and 52.222-53 are required if Alternate I is selected. Alternate I is not selected and consequently, these two clauses are not applicable.
	12	Solicitation	C.13.3 Revenue Financial Report	22	Within 30 days of the conclusion of the Contract's base period and each option period, the Contractor shall submit an uncertified financial report of the revenues received and expenses incurred in performing this contract.	This is a fixed price commercial contract and as such there is no requirement for the tracking or reporting of costs below the unit price. Will this requirement be satisfied by reporting the total revenue and units sold?	The required financial report shall include "revenues received and expenses incurred in performing this contract." The requirement will not be satisfied by reporting only total revenue and units sold.
	13	Solicitation	Section L, Volume 3	62	Provide Financial information and Project Funding Strategy. Include the proposed fee structure and how this structure demonstrates financial fitness to perform the requirements of this acquisition and including reasonableness of proposed prices or fees to .us registrants and registrars.	To satisfy the requirement for 'financial information' - is any information needed other than the offerors price list and financial statements listed in the RFP?	Yes, see Volume III - Cost/Price and Business, paragaph c, bullet "proposal Form" sub bullet (6) Pricing: "Provide Financial Information and Project Funding Strategy. Include the proposed fee structure and how this structure demonstrates financial fitness to perform the requirements of this acquisition and including reasonableness of proposed prices or fees to .us registrants and registrars."

A zero dollar Government contract is fairly unique and rare. The Offeror’s proposal must project/estimate and explain the Offeror’s annual costs, resources, and capabilities over the life of the contract to demonstrate their ability to remain solvent and not present an uneccesary risk of unsuccessful performance. Merely submitting an offeror's financial statements, which may largely be based on revenue generating contracts and agreements, without detailing the revenue sources, methods and projections will signifiantly decrease the confidence level in the ability to acheive sustaained successful performance.

14	Solicitation	Section L, Volume 3	62	Provide Financial information and Project Funding Strategy. Include the proposed fee structure and how this structure demonstrates financial fitness to perform the requirements of this acquisition and including reasonableness of proposed prices or fees to .us registrants and registrars.	Is 'fee structure' referring to the Offeror's line item pricing vs. any reference to profitability?	Fee structure refers to the Offeror's line item pricing, i.e., the proposed pricing/fees charged to .us registrants and registrars, which must be fair and reasonable. However, as noted above, the Offeror's Financial Information and Project Funding Strategy must also project/estimate and explain the Offeror’s annual costs, resources, and capabilities and financial fitness to fund this acquisition at no cost to the Government.
15	Solicitation	Section M.2 Evaluation Method, (a) Technical Capability Factor, Item 17	70	Item 17: The project/estimate and explain annual Contractor costs for this acquisition in such a way to permit the Government to match those costs to specific SOW Contractor Requirements.	This portion of Section M details the items to be evaluated by the DOC in the best value decision. These items specifically address the evaluation of contractor costs, versus price to the customer. Section L, Volume III instructions do not require the submission of any cost breakdown information and states pricing will be evaluated based on price competition, not a cost breakdown analysis. As a commercial acquisition, price analysis is expected, but cost detail is not typically provided.

For item 17, is the requirement to actually match 'prices' to the specific SOW requirements versus matching contractor 'costs'?

No. The focus of this requirement is on the costs. The annual contractor costs should be described in sufficient detail that the Government can understand which specific costs align to which specific SOW requirements. While price analysis is expected in commercial acquisitions, they are also premised upon a payment for services rendered. In this case, the Contractor will not receive a payment from the Government and therefore the Contractor's costs for delivery of specific services is required for assessment of viability and risk.
16	Solicitation	Section M.2 Evaluation Method, (a) Technical Capability Factor, Item 18	71	Item 18: The financial plans, including, if appropriate, the manner in which fees levied for services rendered by the Contractor would be derived, considering cost plus a fair and reasonable profit.	This portion of Section M details the items to be evaluated by the DOC in the best value decision. These items specifically address the evaluation of contractor costs, versus price to the customer. Section L, Volume III instructions do not require the submission of any cost breakdown information and states pricing will be evaluated based on price competition, not a cost breakdown analysis. As a commercial acquisition, price analysis is expected, but cost detail is not typically provided.

For item 18, please clarify what is required. The requirement for a 'cost plus a fair and reasonable profit' seems more appropriate for a cost type contract versus a commercial fixed price contract.

The Contractor may establish and collect fees from third parties provided the fee levels are approved by the Contracting Officer and are fair and reasonable. If fees are charged, the Contractor shall base any proposed fee structure on the cost of providing the specific service for which the fee is charged and the resources necessary to monitor the fee driven requirements.
17	Solicitation	Volume III, C.(6).(b) states:	‘Provide the last three (3) unaudited financial statements AND the most recent audited financial statement’.	Can the DoC confirm the requirement should read ‘… OR the most recent audited…’?	The offeror must submit: (1) the last three unaudited financial statements AND (2) the most recent audited financial statement.
18	Solicitation	General		We note that the DoC has requested a number of attachments including draft contracts. Can the DoC confirm that attachments are included within the page limit? If so, would the DoC consider alternate methods of presenting such information such as links to an external website or allowing for additional page limits in an Appendix?	Any draft contracts are included in the page limit and should be included in their entirety. Only paper submissions will be evaluated. Links or references to other information, websites, etc will not be evaluated.
19	Solicitation	General		What is the current wholesale price per domain per year for either a new domain or renewal?	The current wholesale price per year for a new registration or a renewal is $6.00 per domain.
20	Solicitation	General		We note that there was an update to the Pre-Solicitation number ‘1331L5-18-S-1335-0001’ which then changed the response date to Nov 02, 2018 1:00 pm Eastern. Can the DoC confirm that there is no further response to the Pre-Solicitation required if a response has already been provided?	There is no further response to the Pre-Solicitation required. The Pre-Solicitation announcement was updated for the sole purpose of alerting potential offerors who subscribed to the announcement of the actual solicitation posting and its number.

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