50310220Q0031 - Questions and Responses (4.15.2020).pdf

50310220Q0031-Trial Courtroom Support Questions and Responses

1. Do we need to include with this proposal submission a completed and signed Attachment

1 and 2?

Response: Attachments 1 and 2 (NDAs for Contractor Entity and Contractor Personnel) were provided because they would be required upon BPA award. Although not required for your proposal, we do encourage completion and submission of Attachment 1 Contractor Entity.

2. In attachment 4b:

2a. Should we list the other ODCs on the second worksheet or just include a total for all ODCs in the estimated price column? For example, should we add the line item "1 laptop" in the "DESCRIPTION" column under the heading "List of other ODCs" and then insert the estimated shipping cost in the "ESTIMATED PRICE" column?

Response: A short description of all ODCs must be included in the Attachment 4b in the Sample Tasks 1-3 tab. A total of 5 fields are available for each of the 3 Sample Tasks.

Please add rows if proposed ODCs exceed the allowable spaces.

- For Sample Task #1, cells A10 – A14 and C 10 – A14 are available to capture the short descriptions and estimated price.

- For Sample Task #2, cells E10 – E14 and G10 – G14 are available to capture the short descriptions and estimated price.

- For Sample Task #3, A26 – A30 and C26 – C30 are available to capture the short descriptions and estimated price.

2b. In the "DESCRIPTION" column, do we replace the words "labor category" with the category we think will be necessary to fulfill the requirements of the Sample Task Order?

Response: Yes. The words “labor category” should be replaced with the labor category you are proposing for each Sample Task.

2c. There is a line for the "ORDERING PERIOD" at the top of each table in the second worksheet. Should we insert the number "1" onto that line as all Sample Tasks are for years past (2018 and 2019)?

Response: Key dates for Sample Tasks have been revised. Please insert Ordering Period “1”, as Sample Tasks shall be based on Ordering Period 1 rates.

3. In providing content responsive to "Factor 2: Corporate Experience", is it sufficient to refer to our experience with any and all contracts we are currently performing under?

Response: For Factor 2: Corporate Experience, Quoters may provide reference experience with any and all contracts that are relevant to this requirement, including current/active contracts.

The Government defines relevant as: At least three years of demonstrable industry experience in providing Trial Courtroom Support services associated with federal securities laws cases.

4. At the bottom of Page 3 of the RFP on the last line of the table in section 1.5, it refers to a "brief summary report". Is this a new requirement with the forthcoming contract? What do you envision the report containing and is it a report that would be sent with the final invoice to accounting and the COR (because it is listed alongside "supplement final invoice"?

Response: A brief “Summary Report” should provide the Government with a brief summary of work performed under the order and shall be submitted along with the final invoice. This summary may also include success and challenges. The Government will evaluate the continued need for this during the life of the BPA.

5. In the 1.5 deliverables section it indicates part of the pre-trial performance includes providing and setting up furniture for the war room. Should this quote include providing the space for the war room or will the SEC take care of the space but the awarded organization provides the computer, projectors, screens, and other technological requirements for the war room? Response: The SEC will provide the space for the war room, and the awarded organization will provide the equipment include computers, projectors, screens and other technology.6. Is there a preference as to the type of computers used - i.e., Apple, Microsoft,etc.?

Response: Microsoft.

7. Similarly, is there a preference as to the type of exhibit publication license?

Response: The exhibits should be presented using either Trial Director or Sanction.

8. Our firm typically utilizes OnCue for purposes of publishing exhibits during court hearings. Is there a preferred platform currently utilized by the SEC, or would this decision be deferred to the awarded organization?

Response: See response to question number 7.

9. Page 33 of the solicitation notice states "[a]t least three years of demonstrable industry experience in providing Trial Courtroom Support services associated with federal securities laws cases" is preferred. That seems very specific to require experience in providing support with federal securities laws cases. Is it sufficient that the proposed individuals the Contractor chooses to assign to the matter have extensive experience in providing trial courtroom support services in federal court, but maybe not necessarily federal securities laws cases?

Response: Please note that the word “preferred” does not exist within the requirement.

In accordance with the solicitation, the successful Quoters shall have at least 3 years of demonstrable experience in providing Trial Courtroom Support services associated with federal securities law cases.

10. Has the SEC previously hired contractors for similar Trial Courtroom Support services and if so, what companies did the SEC hire?

Response: Incumbent contractors are KTN Solutions and Visual Evidence.

11. Section 1.5 Deliverables: A Brief Summary Report is required to supplement final invoice. Should that Report only include the total costs for Price for Services, Cost of ODCs and Cost of Travel or other costs?

Response: The invoice shall include total costs for services (Labor and ODCs, including travel). A brief “Summary Report” should provide the Government with a brief summary of work performed under the order and shall be submitted along with the final invoice.

This summary may also include success and challenges. The Government will evaluate the continued need for this during the life of the BPA.

12. Section 1.6 Contract Type and Period of Performance:

12a. What is “Call Order” defined as or pertains to in the solicitation?

Response: The Call Order is the binding contract that will be awarded against the Blanket Purchase Agreement and is similar to a Task Order. The term “Call Order” is specifically used for Blanket Purchase Agreements.

12b. Are the Call Orders the individual project contracts that the awardees are awarded during the length of the 5-year performance period?

Response: The Call Orders will be awarded and funded for each 1 year Ordering Period. Under the annual Call Order, multiple individual orders will be placed.

Example: For Ordering Period 1, the Government awards Call Order 50310220F0999 in the amount of $250,000. Under this single Call Order for Ordering Period 1, the Government may order services in support of 10 cases (hypothetical number). As each order is placed, we’ll draw down on the available funding; obligating additional funds if services exceed the initial obligation or de-obligating excess funds if not used by end of the call order period of performance.

The Government will repeat this process for Ordering Periods 2, 3, 4, and 5.

12c. The third paragraph states, “The Government will order services through the rotation of sources.” Does this mean the Government will rotate orders between more than two awardees during the contract period?

Response: Yes. The Government anticipates a multiple award BPA, with at least 2 vendors. Competition will be fulfilled as a result of the BPA awards as a result of this solicitation. Once the BPAs have been awarded, the Government will rotate sources, as service orders are placed. The order of rotation will be based on alphabetical Order.

Example: XYZ Corp and ABC LLC are the successful awardees. The Government will rotate placing service orders with these firms starting with ABC LLC.

13. Section 5.0 Delivery Tickets: When shipments and/or deliveries for SEC matters are made and those shipments/deliveries are for rental computer and/or audio-visual equipment required for courtroom or war room use, will they require Delivery Tickets?

Response: Yes, proof of delivery and receipt will be required. This process will be further defined at the time of award and discussed during BPA kick-off meeting.

14. Section 6.0 Invoices: It states, “Whenever possible, a single invoice should be submitted for services under each Trial Courtroom Support Order.”

Response: The most important portion of the statement is “Whenever possible”. As such, the Government prefers a single invoice. However, multiple invoices will be allowed, as needed. This invoice submission process will be discussed in greater detail during the BPA kick-off meeting.

15. Section 8.0 Ordering and Issuance of Call Information: First bullet point: “OneCall Order may be awarded per Ordering Period for all individual orders placed within that Ordering Period.” What is the “One Call Order” for all individual orders?

Response: Please refer to responses to questions 12a and 12b.

16. Section 6.0 Invoices

16a. The solicitation indicated that a single invoice for trial courtroom support order.

We normally bill weekly. Are we to infer that billing will be done at the end of the trial in one invoice?

Response: Please refer to response to question 14.

16b. Trials get settled sometimes on the courthouse steps - can an agency charge for the time that the trial consultant would be in court even though that consultant will not be in court?

Gottesman, David J.

What is this referring to?

Response: No. Under a time-and-materials arrangement, you may not charge for “time” that has not been rendered to the Government.

16c. Can a cancellation fee be added because that trial consultant has now been reserved and take out of the rotation to do other work because he was expecting to be in court for 3 weeks on this case?

Response: Quoters may propose a cancellation fee in response to this solicitation for the Government’s consideration.

17. 8.0 Ordering and Issuance of Call Information: Many of times, things are changed in the late hours of the evening and early hours of the morning, not allowing for authorization. How is that documented when the case strategy changes and work has to be performed immediately?

Response: Vendor will work with the Trial team with any last minute changes, which shall be captured in writing and forwarded via email to the primary/alternate COR(s) not later than the next day

18. Submission of invoices. How are expenses submitted – travel, lodging, food, et cetera?

Are they separately submitted from the services invoice?

Response: Submit with the services invoices and captured as Other Direct Costs (ODCs).

19. Factor 2 – Corporate Experience. Is the experience only associated with federal securities law cases – how about trial presentation skill set? Can experience be based on other types of cases – IP, asbestos, pharmaceutical et cetera?

Response: Please see response to question number 9.

20. Factor 3 – Past Performance. Government Agency/Organization – does past performance need to be with a government entity; can it be a law firm that has hired us to perform the trial?

Response: The past performance can be commercial or Government.

Gottesman, David J.

Not sure what this question is referring to.