Questions_and_Answers-FBO.pdf

Trial Advocacy Questions And Answers

1. Is this solicitation for an existing requirement? If so, who is the incumbent?

No, the current solicitation is not the exact same as an existing requirement. The Office of the Solicitor (SOL) currently has a trial advocacy training blanket purchase agreement

(BPA) with some differences in both the scope and the magnitude to Solicitation No.

DOL131RP21703. The BPA is with The National Institute for Trial Advocacy. For the purpose of these questions, DOL will treat the BPA as the “current contract.”

2. What is the value of the current contract?

As noted in Response No. 1, the solicitation is not the same as the current contract in magnitude and scope.

3. What is the period of performance for the current contract?

The existing BPA expires July 28, 2013.

4. Under the current contract, does the Government incur travel costs to convene training participants at training locations, such as the cities where Regional or

Branch Offices are located?

As noted in Response No. 1, the solicitation is not the same as the current contract.

Under the existing BPA, travel costs may vary based on a number of factors. DOL does not anticipate that the contractor will be responsible for the costs of bringing the training participants to the training location. See Section B.11.

5. Section B.1 of the solicitation references legal training as well as “products and related services.” Can the Government please clarify the products and related services that it is seeking?

Please review Section B.6 of Solicitation No. DOL131RP21703.

6. Will the Government consider hybrid approaches, whereby an Offeror provides some in-person training and some training via an online learning management system? Such an approach would enable the Government to benefit from significant cost savings at a time when such savings have been mandated.

The Offeror is free to propose any approach it believes will satisfy the Government’s needs with respect to Solicitation No. DOL131RP21703. The Government will evaluate all Offerors under the evaluation criteria set forth in Section M of Solicitation No.

DOL131RP21703.

7. With respect to the availability of online programming, does the Government have a preference for live or pre-recorded training?

Solicitation No. DOL131RP21703 does not indicate a preference for live or pre-recorded training. However, the Government does seek effective methods for training attorneys and Office of the Solicitor staff in a variety of Trial Advocacy and related services.

Again, the Offeror is free to propose any approach it believes will satisfy the

Government’s needs with respect to this solicitation.

8. If an Offeror can provide Continuing Legal Education (CLE) accredited legal training, will the Government view it as exceeding the requirements in a way that is expected to benefit the Government?

Proposals will be evaluated in accordance with the evaluation criteria set forth in Section

M of Solicitation No. DOL131RP21703. The Offeror is free to propose any approach and identify the particular benefits it believes its approach offers to the Government. The

Government cannot prejudge whether a particular approach will be viewed as meeting or exceeding the requirements. Proposals will be evaluated in accordance with the evaluation criteria set forth in Section M of Solicitation No. DOL131RP21703.

9. If an Offeror can provide separate training for paralegals and legal support staff, including CLE credit, will the Government view it as exceeding the requirements in a way that is expected to benefit the Government?

The Offeror is free to propose any approach and identify the particular benefits it believes it approach offers to the Government. The Government cannot prejudge whether a particular approach will be viewed as meeting or exceeding the requirements. Proposals will be evaluated in accordance with the evaluation criteria set forth in Section M of

Solicitation No. DOL131RP21703.

10. If an Offeror can provide access to exclusive and relevant law content and tools, will the Government view it as exceeding the requirements in a way that is expected to benefit the Government?

The Offeror is free to propose any approach and identify the particular benefits it believes it approach offers to the Government. The Government cannot prejudge whether a particular approach will be viewed as meeting or exceeding the requirements. Proposals will be evaluated in accordance with the evaluation criteria set forth in Section M of

Solicitation No. DOL131RP21703.

11. Does DOL, Solicitor’s Office currently have a Contractor that assists with training of employees?

See Response to Question No. 1.

12. If so, can you please provide the name of current and/or recent contractors that have delivered trainings to DOL, employees?

See Response to Question No. 1.

13. Offerors requested information on recent trainings, including the number of trainings in the last fiscal year, the amount spent on training.

Given recent changes to Federal funding levels, the Government believes that the requested data would not be helpful to Offerors as the number, scope, and size of trainings in recent years are not representative of the Government’s future requirements. Accordingly, the

Government will not provide this data.

a. How many trainings in FY 2012 and FY 2013 to date?

b. How much as DOL spent in FY 2012 or FY2013 to date on trainings?

c. Can you provide a list of the actual titles of the trainings that were taught?

d. How many locations received trainings in FY 2012 and FY 2013 to date?

e. How many personnel attended trainings in FY 2012 and FY 2013 to date?

f. What is the average class size and length of trainings provided?

g. What has been the historical need for trial advocacy training, requested for delivery within 4-6 weeks (exigent circumstances)?

14. If DOL has not engaged in contracting for delivery of such services, can DOL provide more detail on the anticipated amount of trainings needed?

a. How many task orders on average should an Offeror anticipate in any give FY?

b. What will be the average class size?

c. Is the expectation all classes need to involve a trainer on-site?

d. Can some classes include tele-presence or webinars to reach a greater number of participants?

e. What is the anticipated need for trial advocacy training, requested for delivery within 4-6 weeks (exigent circumstances)?

With respect to questions (a), (b), and (e), see response to Question 13. The Government cannot provide more detail on the anticipated amount of training needs. With respect to questions (c) and (d), Solicitation No. DOL131RP21703 does not indicate a preference for live or pre-recorded training. As set forth in Section L.2, Subfactor (a), the Offeror is free to propose any approach it believes will satisfy the Government’s needs with respect to

Solicitation No. DOL131RP21703. However, the Government does seek effective methods for training attorneys and Office of the Solicitor staff in a variety of Trial Advocacy and related services. The Government will evaluate all Offerors under the evaluation criteria provided for in Solicitation No. DOL131RP21703.

15. Our understanding is that technology is to play a significant role in trainings.

a. Please advise Offerors of what trial/matter management, courtroom presentation, and/or other technologies does DOL currently use.

b. What is the expectation of technology’s use during these trainings?

c. Are all trainers expected to be proficient in any particular software package or other application or technology?

d. If so, can you please advise as to what software and/or application is required specifically?

With respect to question (a), the Government’s use of technology varies amongst the different divisions within the Office of the Solicitor and within the various Regions across the United States. Most offices have access to Trial Director Software. With respect to questions (b) – (d), the Government is seeking an Offeror to train Government attorneys, among other staff, on trial advocacy and related services, such as trial advocacy related technology and effective use of technology. It is the responsibility of the Offeror to prepare its proposal to address how it wants to address technology in light of the requirements in

Solicitation No. DOL131RP21703.

16. Our understanding is that Offerors may have to provide their own facilities, or may use

DOL facilities.

Please review Section B.3. The Government requires training at multiple locations. It is expected that some of the training will take place at a facility provided or operated by the

Offeror.

a. Can you please clarify if all locations and regional offices provide for training facilities?

Please see response to Question 16(b) below.

b. If so, can you provide more detail on what locations may provide DOL facilities and the size of the room and technology available?

If training needs to occur at a Government facility, the room will be large enough for the training being offered. Many Government conference facilities have video/audio projection and web-casting capabilities, but there is significant variation among these facilities, so the contractor will be expected to coordinate with the Government to discuss what technology will be available for a particular training. The Government is seeking an Offeror to train Government attorneys, among other staff, on technology and other trial advocacy services so it is the responsibility of the Offeror to prepare its proposal to address how it wants to address technology in light of the requirements in

Solicitation No. DOL131RP21703.

c. If DOL facilities are made available at locations, can Offerors expect that such facilities will be available for the delivery of the trainings?

Government facilities will be available as specified in a particular task order, in accordance with each facility’s normal use policies and procedures.

d. If Offerors are to provide a training facility in a city where there exists a branch location, is there a requirement that the training facility be within ‘X’ miles of their office? If so, what distance?

No, there is no requirement that the training facility be within “X” miles of their office. However, to the extent that the Offeror is providing the training facility, the

Offeror must identify the proposed facility to SOL and allow sufficient time for SOL to determine whether it is appropriate. Among other considerations, this review may include an evaluation of the proposed cost of using the facility, the nature of the facility, and whether the location is within the local commuting area.

e. For training facilities, it appears DOL is seeking a ‘court room’ for a specific number of seats. Is an actual moot courtroom required for certain facilities

(actual bench, jury box, witness stand, etc), or may the space be presented by using tables/chairs to indicate the elements of a courtroom (ie. judge sitting behind a six-foot table)?

Please review Section B.6 and the Pricing Spreadsheet for Offeror space.

f. Do the facilities need ‘break-out rooms’ where by small groups can meet, and be recorded demonstrating a skill, and subsequently critiqued?

Please review Section B.6 and the Pricing Spreadsheet for Offeror space.

17. Under B.3, Place of Performance and timing of Training (page 11), it states an Offeror is responsible for providing all technology even if training delivered in a city where a

Regional or Branch office is located. Can you please clarify the intent behind this requirement? [please see D. Special Contract Requirements, 3, E (page 17).

See B.3. The Contractor is responsible for providing any IT associated with the performance of the task order. Information on the IT requirements or Government furnished equipment will be provided when DOL requests a proposal for the particular task order.

18. Under B.3 (page 11), states ‘…Contractor shall be responsible for obtaining all requisite technical/IT components/support at the training location…” Please clarify what technical/IT components/support does the DOL require?

See Response to Question No. 17.

19. Under B.6, training Materials (Deliverables) and Equipment. The fourth bullet point references to use of technology (trial software, etc.). Please advise what software does the DOL currently use?

A number of offices use the Trial Director software.

20. Under B.7, Integration of Technology (page 12) It states that an Offeror must comply with prevailing and applicable Government IT standards. Please provide more clarity as to what standards apply.

It is anticipated that, if the Offeror chooses to provide software to the Government to complete requirements set forth in the SOO, that the software would be reviewed for malicious software by the Offeror and that the software would be submitted to the

Government in the form of a DVD where, in order to run the Offeror’s software, there would be no change to the computer’s existing configuration. Government participants to the training could then load the DVD onto the Offeror’s laptops or the Government’s laptops.

Prior to preparing any software for installation on Government machines, the Offeror should check with the Contracting Officer’s Representative or other individuals, as appropriate, to ensure that the software meets the Department’s security requirements.

21. Under D. Special Contract Requirements, 2 (page 15), key personnel may be someone other than a lead trainer, correct? - See Section D.2. Key Personnel is a project manager who has overall responsibility for completing the Task Order. Is Lead Trainer deemed Key personnel? – No.

22. Under L.2, Technical Proposal Instructions (iv), (page 54):

a. There is a reference to ‘distance learning’ when describing experience. Would the DOL consider a portion of the training to be delivered via ‘distance learning’, specifically through live, interactive online courses with live instructors?

Please review the Statement of Objectives (SOO). The Offeror is free to propose any method of training consistent with the requirements in the SOO. The Department cannot prejudge whether an offeror’s proposed approach is consistent with the requirements of the solicitation.

b. On page 54 (iv), topics are outlined, but there is no indication as to the duration of courses for each topic, or requested learning objectives. DOL looking for specific suggested course outlines?

Please review the Statement of Objectives (SOO). The Offeror is free to propose any method of training consistent with the requirements in the SOO. The Department cannot prejudge whether an offeror’s proposed approach is consistent with the requirements of the solicitation.

c. Will suggested course outlines be addressed in response to specific task orders?

It is anticipated that a Task Order will be issued for specific training. Based on the details of the Task Order, the Offeror will provide a training course (including a course outline) that is consistent with the Training Materials requirement found in

Section C and other sections of the SOO.

23. Under Volume 4, Price Volume Instructions. Section J has two attachments.

a. Could you please clarify if these are examples only or if these are required to be completed?

b. If required, can you please clarify the distinction of the two price sheets? Is it correct that one is pricing for the trainer, and the other is based on the cost for facility.

c. Is there a price sheet for training at DOL locations?

d. As Offeror’s may be renting facilities, pricing may fluctuate based on the geographical location. Will you allow additional pricing sheets to compensate for pricing fluctuations?

e. This section refers to “Template for Pricing for Trial Advocacy Procurement” to be used and that it can be found in Section J. It appears to be missing. Can you please add this template.

See revised Section J. Offerors must fill out all tables listed in Section J. The three tables deal with (1) the cost of developing a mock legal case file; (2) the cost of providing a comprehensive legal training program (including the trainer and any materials); and (3) the cost of using the offeror’s facility. Offerors may submit additional pricing sheets or additional line items to the extent that they believe it will be helpful to DOL in evaluating the proposal. However, the

Offeror must fill out all of the information in the tables as well.

24. Will DOL consider making awards more to one Offeror to provide the service?

The government plans on making one award.

25. Please advise how Offerors are to populate the pricing CLIN X004, “Other Direct

Costs”. Is this to be left blank as costs are to be reimbursed?

Yes.

26. Please advise what volume should include Reps and Certs in Offeror’s proposal.

SF1449, E.1 52.212-3 Offeror Representations and Certifications—Commercial Items (Nov

2011) or send copy of the SAM downloaded Reps and Certs.

27. Questions were raised with respect to the pricing table at Attachment No. 1.

In response to questions received, the Government has clarified Attachment No. 1. In addition, the Offerors may propose an innovative idea on how to best meet the Government’s requirements based on the justification provided by the Contractor and based on the solicitation.

While Attachment No. 1 still needs to be completed, Offerors have the option of submitting additional alternative pricing proposals.

28. Questions were raised with respect to what IT capabilities there were in the DOL

Regional and Branch.

See Section B.3 and responses to questions 16(b) and 17 above.

In addition to the Q & As, DOL has made amendments to the solicitation to, among other things:

1. amend the Service Summary of the Solicitation to make it clear that SOL designated personnel can obtain trial advocacy and related services training through this procurement. Please note that the vast majority of the students using this training contract will be SOL attorneys.

2. amend the pricing table to better reflect the government’s requirements including amending the student to faculty ratio for classes.

3. allow offerors to submit alternative pricing approaches in their proposals, and clarify that, in addition, offerors must fill out the tables provided in Section J, Attachments 1-4.