Public_Records_Database_QA_-3.docx

U. S. Department of Labor (DOL) Office of Inspector General (OIG)

(Web-Based Interface Services) RFQ Number: DOL-OIG-14-Q-0007 (Proposals Due: 14 August 2014, 3:00 p.m. EST) Q/A 3

Q.1 We do have some additional questions regarding this solicitation that we respectfully submit for your consideration:

1. 3.2 Database Access Requirements and Attachment 2: Pricing Sheet. In section 3.2, the solicitation outlines three different pricing methods that DOL is interested in. Attachment 2 provides a pricing sheet that addresses pricing from a purely transactional basis. It doesn’t take into consideration the three pricing methods addressed in the solicitation.

To ensure that DOL is provided with the pricing information that it requires, will DOL modify Attachment 2 to accurately reflect the three pricing methods DOL asks for in the solicitation? Or, rather than modifying Attachment 2, would DOL consider striking Attachment 2 and allowing offerors to provide DOL with pricing that addresses the pricing methods outlined in the solicitation?

A.1 Remove Attachment 2 in its entirety.

Q.2 Past Performance: Clarification Question. In response to our initial question regarding past performance and references, DOL responded with language that does not appear in any of the four documents that were provided as part of the FBO posting (Attachments 1 - 4). Can DOL please advise as to where the language provided in the answer came from? Is it possible that the FBO posting is incomplete? If so, can DOL please provide offerors with the complete solicitation package?

A.2 The Request for Quote package has been added to the FBO posting.

Q.3 What is the estimated storage space required for this contract?

A.3 There are no storage requirements. This contract would provide access to the contractor’s web-based interface of public and private records that outputs information on people, businesses, assets, and locations.

Q.4 You list three sources, who appear to offer these services?

A.4 This information was provided for informational purposes only.

Q.5 What do you want us to do with the sources?

A.5 This information was provided for informational purposes only.

Q.6 It’s not clear what you what us to do?

A.6 This contract would provide access to the contractor’s web-based interface of public and private records that outputs information on people, businesses, assets, and locations.

Q.7 I see a list of 150 users and you have a request for monthly pricing sheet 2,500 – 20,000 what is this additional users?

A.7 No. Refer to Q&A #1

Q.8 Can you extend the due date?

A.8 Due date has been extended until 14 August 2014 3:00 P.M. EST

Q.9 An extension of at least one week from the current due date for proposals, to 5:00pm ET on Monday, 25 August.

A.9 Refer to Q&A #A.8

Q10 An associated extension to the due date for questions, to 10:00am ET on Thursday, 17 August.

A.10 The due date for questions have been extended to, 10:00am ET on Friday 8 August.

Q/A set #2:

Q.11 Will the DOL OIG consider removing the requirement for 4 hard copy submissions (RFQ, Page 11). Since electronic submissions are allowed (RFQ, Page 9), this will maximize the amount of time that offerors have to respond, but without delaying DOL OIG’s evaluation.

A.11 Page 11 Number of Copies and Format has been revised from “4 hard copies (1 original and 3 copies) to “2 hard copies (1 original and 1 copy)

Q. 12 If hardcopy submissions are required, will DOL OIG consider permitting offerors to mail them for delivery immediately after the due date, so long as electronic responses are received by the due date/time?

A.12 Yes, it is acceptable for the hardcopies to be received after the electric copies however; the offeror needs to advise the Government of their intention.

Q.13 Please clarify the requirements for proposal format/organization. As written, the solicitation appears to contain conflicting instructions:

A.13

0. Section 8 of the FedBizOpps posting as well as Page 8 of the RFQ refer to two proposal volumes (“Business/Cost Proposal” and “Technical Proposal”).

A.13.a The RFQ shall be submitted in “One volume“(the RFQ shall consist of five parts)

0. Page 9 of the RFQ instructs offerors to “submit proposal in three separate parts”: technical, past performance, and price.

A.13.b The RFQ shall be submitted in “One volume “(the RFQ shall consist of five parts)

0. Page 10 of the RFQ states that “the proposal shall consist of five parts” and that the price proposal is to include five tabs (including technical and past performance tabs).

A.13.c Yes. Page 10 of the RFQ states that “the proposal shall consist of five parts” and that the price proposal is to include five tabs (including technical and past performance tabs).

(a) The RFQ shall consist of the following tabs:

1. Tab A – BPA Document and Non-Disclosure Agreement(Attachment 4)

2. Tab B - Representations and Certifications

3. Tab C - Price proposal

4. Tab D – Technical

5. Tab E - Past Performance

Q.14 Please clarify the applicable page limits, if any. Page 9 of the RFQ stated that “the technical information required for evaluation purposes shall not exceed five pages” but Page 11 refers to a 30 page limit for the technical response

A.14 The technical response shall not exceed 30 pages.

Q/A set #3:

Q.15 Is there an incumbent provider of web-based interface services to DOL OIG. If so, who?

A.15 Incumbent is Thomson Reuters / West Publishing Corporation. The product is called: CLEAR for Law Enforcement

Q.16 What is the total value and period of performance for the current contract?

A.16 Value is: $8,753.16 annually. Period of performance is 12 months, through 31 August 2014.

Q.17 How many users have access under the current contract? What is the rough breakdown between unlimited and transactional usage?

A.17 6-7 unlimited users. No transactional usage

Q.18 The last page of Attachment 1 (SOW) refers to a “Total Estimated Cost” of $30,000. How was this number calculated?

A.18 The mention of $30,000.00 was an oversight.

Q.19 Does the estimate of $30,000 refer to an annual cost or to all five contract years?

A.19 refer to Q.18

Q.20 Also, Q&A #12 indicated that it is acceptable for hardcopies to be received after electronic copies are submitted, so long as offerors advise DOL OIG of their intention. As requested, we are providing notification of our intent to do so. We will also document this intention in our electronic submission and provide DOL OIG with a tracking number for the hardcopy shipment.

A.20 Thank you.

Q.21 Attachment 3 requests that offerors’ references submit their completed past performance questionnaires to you via fax. Is it permissible for references to e-mail questionnaires instead of faxing them?

A.21 Yes, email is acceptable and preferred.

Q/A set #4

Q.22 While we are aware that the current period set by you for submission of questions expired on August 8th, we believe you can extend this period, in the exercise of your discretion, and further, submitting our questions is prudent where there is still time for clarification of the RFQ prior to the proposal submission deadline.

A.22 The submission of questions has been extended to 10:00am ET on August 13, 2014. The RFQ due date remains the same.

Q.23 First, we are seeking confirmation that inclusion of FAR 52.219-6, Alt I is intended and appropriate. This inclusion establishes the procurement as 100% set aside for small business, without the possibility for consideration of large business proposals, even if adequate small business proposals are not received. Our understanding is that market research does not establish small business sources of supply for this procurement, which is reflected by the sources identified in Attachment 1 (Statement of Work) to the RFQ – West (a Thomas Reuters West Publishing Corporation), LexisNexis, and TransUnion Risk and Alternative Data Solutions, Inc., all of whom, on information and belief, are large businesses. If inclusion of the clause was not intended and/or appropriate, we request an amendment to the RFQ removing this clause prior to the deadline for submission of proposals.

A.23 “52.219-6, Alt. I Notice of Total Small Business Set-Aside (NOV 2011) ” is not applicable to this requirement. (Number “14 ii” page 6).

Q.24 Second, the RFQ includes FAR 52.219-14 (limitations on subcontracting), which is a required inclusion for contracts set aside in whole or in part for small businesses. To the extent FAR 52.219-6 is removed from the RFQ, as requested above, FAR 52.219-14 should also be removed. Moreover, the FAR requires inclusion of this clause only in contracts expected to exceed $100,000. Per the RFQ, the cost of web-based interface services under the DOC-OIG’s current contract ($8,753.16) annually; which would not meet the over $100,000 threshold. Accordingly, please confirm that inclusion of FAR 52.219-14 was intended and appropriate. If inclusion of the clause was not intended and/or appropriate, we request an amendment to the RFQ removing the clause prior to the deadline for submission of proposals.

A.24 “52.219-14, Limitations on Subcontracting (NOV 2011) is not applicable to this requirement. (Number “19” page 6).

Q.25 Finally, the RFQ includes the data rights provision set forth at FAR 52.227-14. This is not a clause intended for inclusion in commercial services contracts, such as that contemplated by the RFQ (which involves the government’s access to and use of a commercial company’s trade secret, commercial or financial, and confidential or privileged dataset). Rather, commercial item procurements are covered under FAR Part 12. FAR Part 12.301 states “contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses—(1) Required to implement provisions of law or executive orders applicable to the acquisition of commercial items; or (2) Determined to be consistent with customary commercial practice.” Inclusion of FAR 52.227-14 is not required to implement provisions of law or executive orders applicable to the acquisition of commercial items. [See FAR 52.212-5 (setting forth the clauses required by this portion of the test).] Moreover, inclusion of the clause is inconsistent with customary commercial practice in our industry, which only permits access to, and use of, proprietary data pursuant to a limited-use commercial license. Cf. FAR 12.211 (“[e]xcept as provided by agency-specific statutes, the Government shall acquire only the technical data and the rights in that data customarily provided to the public with a commercial item or process”). Therefore, we request that you amend the RFQ to remove this clause.

A.25 “52.227-14, Rights in Data—General (MAY 2014) is not applicable to this requirement. (Page 4).