Qs and Answers.docx

Q&A for TTS RFQ 2031JW23Q00035

“The NAICS code for this acquisition is 561499, and the small business size standard, although not applicable to this procurement, is $19M.”

a. If the offeror does not have an active SAM.gov registration, do they need to do anything with regards to the NAICS code?

b. If the offeror has an active SAM.gov registration but does not have NAICS code number 561499 listed under for entity, does that in any way preclude the offeror from being considered for this solicitation?

c. In the latter circumstance, would the offeror need to update their SAM.gov entity registration to include NAICS code 561499?

“Quoters must either include a copy of the representations and certifications found in FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services or have submitted them, via SAM.gov, in accordance with provision 52.212-3 (attached)” Can you please confirm or correct the following understanding regarding the representations and certifications (reps. & certs.)?

Offerors who have not submitted reps. & certs. via SAM.gov need to include FAR 52.212-3(c)-(v)?

“even if submitted in SAM.gov, Quoters must complete paragraph b of the provision if it applies (i.e., if the representations and certifications are not up to date in SAM.gov).”

Can you please confirm or correct the following understanding regarding the representations and certifications (reps. & certs.)?

Offerors who have submitted reps. & certs. via SAM.gov need to include FAR 52.212-3(b)?

Quoters who have up-to-date representations and certifications in SAM.gov do not need to complete provision 52.212-3(b). If the representations and certifications in SAM.gov are out of date (e.g., annual re-representations have not been made in SAM.gov), the Quoter must submit a completed provision 52.212-3 section (b).

As per question 2, if the Quoter’s representations and certifications in SAM.gov are not accurate, incomplete, or up-to-date, the Quoter must fully complete provision 52.212-3 (in accordance with the instructions in the provision) and submit the completed provision with its quotation.

“Quoters must separately complete the representation(s) in FAR clause 52.204-24 and submit them with their quote (when they apply) as these representations are not found in SAM.gov.”

Can you please confirm or correct the following understanding regarding the representations and certifications (reps. & certs.)?

All Offerors must complete FAR 52.204-24?

“FAR clause 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services applies to this acquisition with any addendum noted in this document.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services is applicable to this RFQ (see clauses section of this RFQ).”

Can you please confirm or correct the following understanding regarding the representations and certifications (reps. & certs.)?

FAR 52.212-4 and 52.212-5 apply to this solicitation but do not require further action on the part of the Offer?

III. Additional Requirements

“(1) The service provider shall have fully completed, attested to, and submitted to the CO the OCC’s Service Provider Self-Assessment (OCC Form CC 9070-02 provided as Attachment 2), prior to the execution of the contract.”

“All contractor personnel assigned to this contract who will have access to OCC facilities or systems, shall submit to a background investigation before beginning work under this contract.”

“Acceptability reviews should have already been completed by the contractor prior to submitting names for working on the contract.”

“Contractor personnel must submit information for background investigations electronically through the e-QIP system (URL: https://nbib.opm.gov/e-qip-background-investigations/). The Office of Security (OS) will notify contractor personnel when e-QIP is ready to receive their information.”

“The costs for all investigations required under this contract will be borne by the OCC.”

“D. The graphics must be prepared by the Contractor in a format ready for distribution and presentation in the proceeding or prep session (e.g., electronic, physical poster) and properly marked (e.g., exhibit tag, confidential).”

“The Contractor must ensure the OCC can reach the primary/alternate point of contact during the hours of 8:00 a.m. – 5:00 p.m., Monday through Friday (except federal holidays). The Contactor must not require additional payment from OCC for the provision of these points of contact (e.g., they are not separately priced/considered a cost of doing business/overhead cost).”

What time zone?

For example, if the OCC is at trial in California, do the 8:00 a.m. – 5:00 p.m. hours apply to Pacific Time? Eastern Time? Both?

If both – making the availability hours 8:00 a.m. Eastern to 8:00 p.m. Eastern (which is 5:00 p.m. on the West Coast) – how should the additional three hours of time the primary/alternate need to be reachable be handled from a billing perspective?

It is possible that a hearing would be held in the Pacific time zone while some staff would be in DC. Revised timeframe to cover 8:00 – 5:00 in both time zones.

As stated in the SOW, the point of contact is not separately billable. How each quoter decides to absorb this cost is up to them (e.g., raise cost of another service CLIN due to more burden on the overhead rate, or not).

(OCC) 1052.239-8001 Information And Communication Technology (ICT) Accessibility (Jan 2023)

“(d) Attestation: To the best of my knowledge, statements made in response to the VPAT are complete, accurate, and were made by knowledgeable and qualified professionals in the internal control structure of my organization. The undersigned has authority to legally bind my organization and has been authorized to do so.”

“This volume must also certify (by signature from Quoter’s authorized representative) the Quoter has read and understands the solicitation (must provide solicitation number) and any amendments to the solicitation, with each amendment listed by its number in the certification.”

“Quoters may provide up to three (3) instances of past performance that demonstrate performance on work that is similar to that found in this RFQ’s SOW. Each instance must have been performed for a period of at least one year (12 months). Minimally, twelve (12) months of each instance must have fully occurred within the five (5) years prior to the closing date of this RFQ. Multiple years of the same contract (e.g., option years of the same contract) are considered to be part of the same instance of past performance. In all of the past performance instances, the Quoter must have been/be the prime contractor.”

The Technical Trial Services which are the subject of this Solicitation are nearly always engaged on for a specific trial.

A number of Federal and state governmental entities have hired us on this basis. We have been engaged on about 400 hearings, trial, etc. over the past 5 years. Of those 400 cases, only 3 were under a single contract for a set period of time, and the remainder were all for a specific trial. A typical trial-specific engagement will have our company as the prime contractor and last less than one year unless there is a delay with the case. That being said, prominent law firms which hire us for these services on cases relevant to this solicitation continually come back to us for successive trials over many years.

Should we select and describe trial-specific engagements relevant to this contract and the work of the OCC?

Alternatively, should we describe past performance where a particular client has hired us repeatedly for specific trials for a period of at least one year?

If the Quoter has not performed three contracts lasting at least one year, the Quoter may describe past performance where a particular client has hired the Quoter at least three times for specific trials within a period of at least one year; this will be considered one (1) instance.

Technical

Annex A - Services Pricing.xlsx Cell H16

“Pricing in US dollars for each line item in section 1.2. of this RFQ. A further breakdown of pricing based on the estimated quantities in the Annex A Microsoft (MS) Excel workbook to this RFQ is required. To provide this breakdown, the Quoter must complete the yellow highlighted cells in the Annex A workbook to give pricing for the estimated quantities of services. Quoters must quote a price of $125,000 for travel (amounting to $25,000 per ordering year); this has been prefilled in the pricing breakdown by the OCC. The only exception to this is if the Quoter will quote travel as no additional cost to the Government, in which case the Quoter may change the pricing for travel to $0.00. Quoters may quote five separate ordering years and a total for the ordering period if they wish. To quote five ordering years, quoters must duplicate the pricing tab in the Annex A workbook for each year and also provide a tab for the total ordering period as a sum of all five ordering years. These ordering years are not options. Quotes that do not include pricing for an entire five years may be eliminated from consideration for award.”

“Subtotals: $25,000”

Pricing.xlsx Line 13

“Description: Equipment rental for courtroom proceedings Unit: Time & Materials Contract Line Item Type: Time & Materials Estimated Quantity: 1 Unit of Measure: LOT” Some courts and other venues are fully wired, requiring no additional equipment. Others may require some supplemental equipment such as an additional screen, HDMI cables etc. Still others need everything such as microphones, screens, switch boxes, cables, mobile wifi hot-spots, etc. Without knowing the number of hearings, number of days of each hearing, and the equipment already on-site, it is impossible to estimate as it could be $0 or thousands of dollars.

How should we handle this line item?

Should we respond “Actual cost at no markup” without entering a dollar figure?

Added information to task 3.0C Technical & Contractual

Requirement Number 7

“Audio and videoconferencing application/platform shall support minimum of 4K video resolution. Mandatory support of 1080P video resolution or higher” Are we correct that this requirement means:

(1) a monitor with 4K video resolution is supported for viewing the hearing and screenshare and

(2) up to 1080P is supported for the broadcast, which in practical terms means:

(3) the minimum broadcast resolution is 1080P and must be playable on a 4K monitor?

(1) is correct

(2) Minimum (not “up to”) 1080P, nothing less

(3) is correct No

Technical

Requirement Number 9

“Audio and videoconferencing application/platform shall support streaming of video, audio, and data content”

Requirement Number 33

“Contractor shall store any data associated with this contract within the resources allocated to support the OCC unless otherwise directed by the OCC and/or controls are implemented to ensure adequate separation”

1NOTE: The questions as submitted use the term “Offer” and “Offer” extensively. The Government is soliciting quotations (quotes), not offers. A quotation cannot be accepted to form a binding contract (see definition of “offer” in FAR part 2). The Government will be the party to provide an offer to a prospective Quoter if an award is made.