00003 70FA6024R00000002 Question Responses 2.13.24.pdf
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- Attached to
- National Flood Insurance Program (NFIP) - Direct
- Solicitation number
- 70FA6024R00000002
- Issued by
-
Federal Emergency Management Agency
About this file
This document contains questions and responses related to a solicitation for National Flood Insurance Program policy administration services. The solicitation seeks a contractor to provide all necessary management, operation, maintenance, and quality assurance for over 550,000 flood insurance policies on behalf of the National Flood Insurance Program and Federal Emergency Management Agency. The contractor will be responsible for processing policies, supporting policyholders through claim and renewal processes, and must have expertise in FEMA programs to effectively serve disaster survivors. The document clarifies data and software ownership terms, removes irrelevant clauses for a commercial item procurement, and updates references to required deliverables to acknowledge the agency owns usage data while the contractor retains software licensing terms.
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Q&A# Question Solicitation Document & Page # Solicitation Paragraph # Response
SOO §§ 10.5 & 10.8 reference FAR 52.227-14, Rights in Data-General. However, that clause is not included in the RFP. Will the Government remove this reference? SOO p.58, p.60
SOO - 10.5 - Data Analytics and Reporting;
SOO - 10.8 - Data Rights FEMA will not remove this reference. FAR 52.227-14 has been added to the RFP.
The SOO states: “Under the provisions of the Rights in Data General Clause (FAR 52.227-14, the Government reserves all[] rights, including copyrights, distribution rights, and other rights for all documents, data or software developed in the performance of this contract.” SOO at 60, § 10.8; SOO at 58, § 10.5. What “documents, data or software” does the Agency anticipate will be developed in the performance of this contract? SOO p.58, p.60
SOO - 10.5 - Data Analytics and Reporting SOO - 10.8 - Data Rights
Currently, FEMA's requirements are listed in the SOO. However, additional requirements (documents, data, and/or software) may be needed over the life of the contract. The Government will communicate the requirements and expectations with the Contractor.
The SOO at §§ 10.5 & 10.8 states: “Under the provisions of the Rights in Data General Clause (FAR 52.227-14, the Government reserves all[] rights, including copyrights, distribution rights, and other rights for all documents, data or software developed in the performance of this contract.”
SOO at 60, § 10.8. Under this data rights clause, the contractor generally retains title to data or software that it develops while the Government generally has unlimited license rights. Sections 10.5 & 10.8 appears to say that FEMA would retain title to these items. Given that this is a commercial items procurement and the Government does not usually obtain title to software or data developed under such circumstances, can FEMA please explain the basis for it retaining title under this contract? SOO p.58, p.60; RFP p.26-34, p.34-41
SOO - 10.5 - Data Analytics and Reporting;
RFP - C.3 52.212-4
Contract Terms and Conditions—Commercial Products and Commercial Services;
RFP - C.4 52.212-5
Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services;
RFP - E10. Proposal Instructions, Evaluation and Basis for Award, FAR 52.212-2, Evaluation - Commercial Items, entire section SOO - 10.8 - Data Rights
FEMA will not be retaining title to the software. However, FEMA will retain all rights to the data and have unlimited use since it belongs to the NFIP.
SOO § II(C) references FAR 52.227-11 through FAR 52.227-20. SOO at 69. Other than FAR 52.227-17, none of these clauses are included in the RFP. Additionally, as a commercial items procurement for proprietary and privately developed IT solutions, the majority of these clauses are not relevant to the items being procured under the contract. Will the Government remove these references? SOO p.69
SOO - II.Records Management Obligations, C.Requirements number 10. SOO has been updated.
The RFP incorporates by reference FAR 52.227-17, Rights in Data – Special Works. RFP § C.12. What data does the Government anticipate will be delivered or first produced under this commercial item contract that would be subject to this clause? RFP p.45
RFP - C12.Clauses Incorporated by Reference (Feb 1998)
FAR 52.227-17 has been removed from the RFP. FEMA owns the data and reserves the right to transmit, move, or modify its data at any time and any place of its choosing.
In a commercial item procurement, the standard data rights clauses provide that the applicable terms are those used by the vendor in its standard licensing agreements. See FAR 52.227-19. Here, the solicitation contemplates the delivery of a commercial software solution. Given this, can FEMA please explain why any of the computer software under this contract would be delivered to FEMA subject to other than restricted rights? RFP p.26-34, p.34-41, p.94-96
RFP - C.3 52.212-4
Contract Terms and Conditions—Commercial Products and Commercial Services;
RFP - C.4 52.212-5
Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services;
RFP - E10. Proposal Instructions, Evaluation and Basis for Award, FAR 52.212-2, Evaluation - Commercial Items, entire section
FEMA is not requiring the delivery of computer software. FEMA is requiring acknowledgement that FEMA owns the data to be used in the system. FEMA is also asking for an option to have a database built within a FEMA environment to warehouse it's data and keep the data up to date. SOO and RFP have been updated.
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