QA's_DU100A-16-R-0001_8-3-16.pdf

Questions & Responses for DU100A-16-R-0001

(A: = Answer)

1. I was curious if this was a follow-on requirement. If so, would it be possible for you to provide the incumbent information (we need the contract number and contractor).

A: Yes, the existing contract is in its final Option Year. The incumbent contractor is Lexis

Nexis. The contract number for the existing contract is C-OPC-23897.

2. In the Price Schedule (Pages 3-5 and Attachment 1), the item numbers repeat in each ordering period. To ensure clarity, did the Government mean to use distinct numbers for each period, such as 0001-0004 for the base ordering period, 1001-1004 for ordering period 1, etc.?

A: Yes, this will be corrected and the standard numbering will be used. HUD will revise the CLIN numbers so that they are in sequential order, starting in the Base Ordering

Period through Ordering Period 4 (e.g. 0001 - 0021).

3. Performance Work Statement (PWS) Section 5.1.1 requires contractors to “provide all users access to all legal research platforms that are available to current commercial customers.” We respectfully request that the second “all” be removed so the section reads, “…to legal research platforms that are available…”.

A: The PWS (Sections 5.1.2.1, 5.1.2.2, and 5.1.2.3) clearly outlines the legal databases and resources required to meet HUD’s business needs. Section 5.1.2.4 outlines optional databases. The second “all” above references the mandatory content outlined in the PWS and that this mandatory content should include the full capability available to commercial customers. HUD does want an abridged version or subset of the mandatory database content outlined in the PWS as compared to what another commercial customer would receive.

Online Legal Research (OLR) Service contractors offer a wide array of general and specialized legal research platforms to satisfy the various and unique needs of different customers. For example, besides the solicited OLR Service, our company offers commercial customers specialized platforms for healthcare-, intellectual property-, securities-, and tax-related legal research. None of these subject areas are listed as mandatory legal databases in PWS Section 5.1.2.1 or other PWS sections.

A: Yes, that is correct. See response above. Section 5.1.2.4 outlines optional databases that may be provided as part of the proposal but are not mandatory.

Requiring contractors to provide HUD users access to all available legal research platforms, when HUD does not appear to have a definitive need for any such platforms, would pose a substantial administrative burden and have major cost/price implications.

By comparison, tweaking the language of PWS Section 5.1.1 as suggested above would eliminate this concern, while still permitting contractors to propose specialized tools for small subsets of HUD users as they see fit to offer best value.

A: As stated above, the second “all” in the PWS does not mean every possible legal database that your company may provide. The PWS (Sections 5.1.2.1, 5.1.2.2, and 5.1.2.3) clearly outlines the legal databases and resources required to meet HUD’s business needs.

Section 5.1.2.4 outlines optional databases that may be provided.

4. Section V of the solicitation indicates that communications concerning offerors’ questions will be posted on the GSA website. Did the Government intend to say

FedBizOpps?

A: Solicitation has been amended to read that communications concerning offerors’ questions will be posted on FedBizOpps.

5. In tables and graphics, may offerors use font that is slightly smaller than 12-point, so long as the text remains easily readable?

A: Yes, this is acceptable as long it is it not smaller than 10-point font. The solicitation has been amended to read “not smaller than 10-point font.”

6. Does the 75-page limitation apply to the entire Volume I Technical Proposal (as indicated on Page 67), or only the Technical Approach section (see Page 68)?

A: The 125-page limitation applies only to the Technical Approach section. See Question

30. The solicitation has been amended to increase the page limit on the Technical Proposal to 125 pages.

7. Please confirm that the following items do not count against the 75-page limitation:

a. Title Pages

b. Cover Letters

c. Tables of Contents

d. Proposal Matrices

e. Letters of Commitment

f. Resumes

A: Title Pages, Cover Letters, Tables of Contents, Proposal Matrices, Letters of

Commitment and Resumes do not count against the 125-page limitation. See Question 30.

8. Page 6, FAR 52.212-3 Offeror Representations and Certifications. Offerors are advised to include a completed copy of their Representations and Certifications—

Commercial Items with their offers. If an offeror maintains a current and up-to-date version of its Representations and Certifications on the System for Award Management

(SAM) site, will that suffice? If not, can HUD please clarify where offerors are to include the Representations and Certifications (i.e., Volume I: Technical Proposal, Volume II:

Cost/Price Proposal)?

A: Please include the Representations and Certifications with your Volume I Technical

Proposal.

9. Page 7, Section 1 – BPA Type/Page 70, FAR 52.212-2 Evaluation. Page 7 states that

“A single award will be established for this BPA”. In addition, page 70 states that “the

Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government”. To ensure that HUD researchers have access to the research materials that are most-advantageous to them, would HUD consider making multiple awards for this

BPA and allowing individual HUD offices to procure from the offeror that best suits their research needs?

A: HUD will award a single BPA that will allow multiple task order awards to the single awardee.

10. Page 7, Section 1 – BPA Type: Current Provider, Online Legal Research and

Support Services. Can HUD please provide the following information regarding its current contract for Online Legal Research and Support Services:

a. Who is the current provider of Online Legal Research and Support Services to HUD?

b. What is the current fixed monthly rate under the current contract?

A: Lexis Nexis is the current provider of online Legal Research Services and Support

Services to HUD. The current fixed monthly rate for online Legal Research Services will not be disclosed. The total value of the contract is $1,788,577.76

11. Page 7, Section 1 – BPA Type: Current Provider, Investigative Records Search

Services. Can HUD please provide the following information regarding its current contract for Investigative Records Search Services:

a. Who is the current provider of Investigative Records Search Services to HUD?

A: Lexis Nexis is the current provider of Investigative Records Search Services which is a part of the Online Legal Research and Support Services contract to HUD is Lexis Nexis.

The current fixed monthly rate for the Investigative Records Search Services will not be disclosed. The total value of the contract is $1,788,577.76

12. Page 7, Section 1 – BPA Type: Current Provider, Online Court Docket Services. Can

HUD please provide the following information regarding its current contract for Online

Court Docket Services:

a. Who is the current provider of Online Court Docket Services to HUD?

A: The current provider of Online Court Docket Services to HUD is PACER. The current monthly rate for PACER will not be disclosed. The total value of the contract is

$75,000.00.

13. Page 10, Vision Statement. The solicitation states that the vision is “to provide HUD employees with a comprehensive legal research service that will fulfill their needs”. It is this offeror’s understanding that this BPA contemplates all offices and divisions at HUD.

Can HUD confirm this understanding? If not, can you please clearly identify which HUD offices and divisions are eligible to purchase via this BPA?

A: Any office at HUD is eligible to purchase services within the scope of the PWS via this

BPA.

14. Page 10, 1.3 Constraints. Can HUD please clarify where offerors are to provide any applicable Voluntary Product Accessibility Templates related to Section 508 requirements (i.e., Volume I: Technical Proposal, Volume II: Cost/Price Proposal)?

A: The applicable Voluntary Product Accessibility Templates related to Section 508 requirements should be provided with the Volume I: Technical Proposal.

15. Page 18, Scope Area 1, 5.1 Online Legal Research Services. The solicitation indicates that “HUD anticipates approximately 2410 users for the OLR Services”. To ensure that offerors have a clear understanding of HUD’s research needs, can HUD please provide additional detail regarding these users:

a. Can HUD please identify each HUD office or division requiring access to OLR services under the contemplated BPA contract?

b. For each HUD office or division requiring access to OLR services, can HUD please provide the anticipated number of users?

A: (a.) The potential offices requiring access to OLR services under the contemplated BPA include, but are not limited to the Office of General; the Office of Fair Housing and Equal

Opportunity; the Office of Lead Hazard Control and Healthy Homes; the Office of Policy

Development and Research; the Office of Housing; the Office of Equal Employment

Opportunity; Office of Congressional and Intergovernmental Relations; Government

National Mortgage Association (GNMA); Office of Employee and Labor Relations; the

Office of Secretary and the Deputy Secretary; and other program offices.

(b.) The anticipated number of users for these offices is 2410. This is an estimate of the number of users that may order OLR services off the BPA. While all offices are eligible to order off the BPA, it is unknown how many offices and the related number of users that will utilize the BPA.

16. Page 20, Section 5.1.2. Does HUD require that offerors provide a complete listing of databases included in its offer (which might result in a list of tens of thousands of databases spanning hundreds of pages)? Or will it suffice for offerors to provide HUD with a listing and description of the included libraries that respond to HUD’s research needs? If database lists are required, will HUD allow offerors to provide these lists in electronic format (e.g., on CD-ROM included with the response)?

A: As requested, the offeror should include a list of all the databases included in their offer. This list may be provided in electronic format such as a CD-ROM. This list is included in the 125 page limit.

17. Page 23, Section 5.1.2.3. The solicitation indicates that access to public record databases be provided to the 2,410 users of the OLR Services. Public records resources provide access to materials that are not generally required by most legal researchers. Can HUD please confirm that all 2,410 users of OLR Services require access to public records materials? If all users do not require access to public records materials, can HUD please indicate how many researchers require access to public records materials?

A: Any user who utilizes the Legal Research Services under this BPA will need access to public record databases as outlined in Section 5.1.2.3. As stated above, 2,410 users are based on an estimate of who may utilize the BPA.

18. Page 23, Additional Databases. Can HUD please provide information as to how any additional databases and services provided by an offeror will be evaluated by HUD? For example, if one offeror proposes additional databases and other offerors do not? Or if offerors propose substantially different additional databases? How will HUD take these differences into account when evaluating offers?

A: The PWS (Sections 5.1.2.1, 5.1.2.2, and 5.1.2.3) clearly outlines the legal databases and resources required to meet HUD’s business needs. Section 5.1.2.4 outlines optional databases. With regards to the optional databases, HUD will take the differences into account as part of its best value tradeoff.

19. Page 24, Scope Area 2, 5.2 Investigative Record Search Services. The solicitation indicates that “HUD anticipates approximately 96 users for the Investigative Record

Search Services”. To ensure that offerors have a clear understanding of HUD’s research needs, can HUD please provide additional detail regarding these users:

a. Can HUD please identify each HUD office or division requiring access to Investigative

Record Search Services under the contemplated BPA contract?

b. For each HUD office or division requiring access to Investigative Record Search

Services, can HUD please provide the anticipated number of users?

A: (a.) The HUD offices who will utilize the Investigative Record Search Services are primarily going to be OGC attorneys and financial and compliance analysts within OGC’s

Departmental Enforcement Center. However, all HUD Offices are eligible to order

Investigative Record Search Services off the BPA. (b.) It is unknown how many offices and related number of users will utilize the BPA.

20. Page 24, Scope Area 3, 5.3 Online Court Docket Services. The solicitation indicates that “HUD anticipates approximately 1050 users for the Online Court Docket Services”.

To ensure that offerors have a clear understanding of HUD’s research needs, can HUD please provide additional detail regarding these users:

a. Can HUD please identify each HUD office or division requiring access to Online Court

Docket Services under the contemplated BPA contract?

b. For each HUD office or division requiring access to Online Court Docket Services, can

HUD please provide the anticipated number of users?

A: (a.) The HUD offices who will utilize the Online Court Docket Services are primarily going to be used by OGC litigating attorneys in Headquarters and Regional Offices.

However, all HUD Offices are eligible to order Investigative Record Search Services off the

BPA. (b.) It is unknown how many offices and related number of users will utilize the

BPA.

21. Page 24, Scope Area 3, 5.3 Online Court Docket Services. To ensure that offerors have a clear understanding of HUD’s online court docket services needs, will HUD please provide the following information regarding its current online court docket service usage:

a. Can HUD provide information regarding its current docket track usage on CourtLink

(i.e., total number of tracks and courts (U.S. District Court v. state v. U.S. Bankruptcy

Court, etc.))?

b. Can HUD provide information regarding its current PACER and PACER PDF usage, if any?

c. Does HUD currently receive PDF images of underlying docket filings (when available) under its current plan? Is access to PDF images of these underlying docket filings a requirement of HUD under its next contract?

A: (a.) Currently, HUD does not utilize Courtlink. In addition, the legacy contract for which this award is a follow on does not include access to Courtlink. (b.) HUD is unable to obtain information concerning current PACER and PACER PDF usage. The total value of the PACER contract is $75,000.00. (c.) PDF images of underlying docket filings are used by HUD and will continue to be needed under the contract currently being solicited.

22. Page 32, FAR 52.204-16, Commercial and Government Entity Code Reporting. The solicitation incorporates FAR 52.204-16, Commercial and Government Entity Reporting

(JUL 2015). Under the current Federal Acquisition Regulation, FAR 52.204-16 has been updated (JUL 2016). Please clarify.

A: Solicitation has been amended to include FAR 52.204-16 (JUL 2016) version.

23. Page 32, FAR 52.204-18, Commercial and Government Entity Code Maintenance.

The solicitation incorporates FAR 52.204-18, Commercial and Government Entity Code

Maintenance (JUL 2015). Under the current Federal Acquisition Regulation, FAR

52.204-18 has been updated (JUL 2016). Please clarify.

A: Solicitation has been amended to include FAR 52.204-18 (JUL 2016) version.

24. Page 34, FAR 52.212-3, Offeror Representations and Certifications—Commercial

Items (APR 2016). The solicitation incorporates FAR 52.212-3, Offeror Representations and Certifications (APR 2016). Under the current Federal Acquisition Regulation, FAR

52.212-3 has been updated (JUL 2016). Please clarify.

A: Solicitation has been amended to include FAR 52.212-3 (JULY 2016) version.

25. Page 50, FAR 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items (MAR 2016). The solicitation incorporates FAR 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items (MAR 2016). Under the current

Federal Acquisition Regulation, FAR 52.212-5 has been updated (JUN 2016). Please clarify.

A: Solicitation has been amended to include FAR 52.212-5 (JUN 2016) version.

26. Page 60, HUDAR 2452.211-70: Effective Date and Contract Period. The solicitation indicates that the “contract shall be effective on August 1, 2016, through July 31, 2017”.

August 1 is two days before proposal submissions are due to HUD. Can HUD please clarify the anticipated start date of any contract resulting from this solicitation?

A: The solicitation has been amended to delete this HUDAR clause from the solicitation.

27. Page 66, Questions from Offerors Concerning the Solicitation. The solicitation states that “communications concerning questions from this proposal will be posted along with any and all solicitation amendments on the GSA website”. This appears to be a typographical error. Can HUD please confirm this offeror’s understanding that communications concerning the proposal (e.g., answers to questions, amendments) will be posted on the FedBizOpps (FBO) site?

A: Solicitation has been amended to read that communications concerning offerors’ questions will be posted on FedBizOpps.

28. Page 67, Instructions for Submission of Offerors: Font Size. The solicitation indicates that proposals will use a font “not smaller than 12-point type font”. May offerors present non-essential page information (e.g., headers, footers, tables, captions) in a font size less than 12-point font, but no smaller than 9-point font?

A: See the answer to question 5 above. Non-essential page information is acceptable as long it is it not smaller than 10-point font.

29. Page 67, Instructions for Submission of Offerors: Margins. The solicitation indicates that proposals should provide one-inch margins. Can the margins be used for page element information such as page numbers and other header/footer information?

A: Yes, the margins can be used for page element information such as page numbers and other header/footer information.

30. Page 67, Proposal Structure for Volume I, Technical Proposal: Page Limit. The solicitation imposes a 75-page limit on the Technical Proposal. The solicitation also indicates that “the offeror shall submit a technical approach that demonstrates logical and feasible methods for meeting the requirements described in all Tasks in the Performance

Work Statement and meeting the performance objectives outlined within the solicitation”.

Given the level of detail required by the Performance Work Statement (21 pages) and the need for offerors to provide descriptions of three distinct research solutions (Online Legal

Research Services, Investigative Records Search Services, and Online Court Docket

Services), we respectfully request the removal of the current page limit. As an alternative to removing the current page limit, we respectfully request that HUD please increase the page limit for the Technical Proposal to 125 pages. Will HUD please remove or increase the current page limit for the Technical Proposal?

A: Yes, the solicitation has been amended to increase the page limit on the Technical

Proposal to 125 pages.

31. Page 67, Proposal Structure for Volume I, Technical Proposal: Page Limit. If HUD elects to retain a page limit for the Technical Proposal, can HUD please clarify what counts against the page limit? For example, do the following pages count against the page limit: proposal cover page, proposal table of contents, database list pages, key personnel resumes, past performance information sheet, representations and certifications, and

VPATs?

A: See the answers to questions 6, 7, and 30 above. The Title Pages, Cover Letters, Tables of Contents, Proposal Matrices, Letters of Commitment and Resumes do not count against the 125-page limitation.

32. Page 67, Proposal Structure for Volume I, Technical Proposal: Submission Deadline

Time. The current submission deadline requires submissions to be delivered to HUD no later than 10:00 AM on August 3, 2016. To facilitate delivery of proposal responses, would HUD please consider adjusting the delivery time to 1:00PM? This time works much better with standard delivery times offered by the major delivery services (i.e., standard delivery time is 10:30 AM).

A: The solicitation has been amended to extend the submission deadline by seven (7) business days to August 12, 2016, 1:00pm Eastern.

33. Page 67, Proposal Structure for Volume I, Technical Proposal: Submission Deadline

Extension Request. The submission deadline is currently set for Wednesday, August 3, and requires offerors to submit a hard copy response to HUD (one original and three copies). To ensure that our response makes it to HUD by the submission deadline, we will have to mail the response no later than Monday, August 1. To ensure that offerors have an adequate opportunity to review, understand, and incorporate the answers to questions into their proposals and to prepare their most comprehensive and cost-effective response to meet the needs of HUD, this offeror respectfully requests that HUD extend the deadline for submitting bids to ten (10) business days after all submitted questions have been answered. This will provide offerors with sufficient time to review the answers to questions and complete and ship their proposals. This will also provide sufficient time for offerors’ references to complete and submit the required Past Performance Surveys.

Will HUD please consider extending the submission deadline?

A: The solicitation has been amended to extend the submission deadline by seven (7) business days to August 12, 2016, 1:00pm Eastern.

34. Page 68, Past Performance. The solicitation requires that offerors solicit and provide

Past Performance Surveys (Attachment 3) for each required reference. This offeror knows from past experience with Past Performance Surveys in other federal government

RFPs, that this time of year leading up to the end of the federal government fiscal year is an extremely busy time for contracting officers and program officers. As a result, it can be challenging at times to obtain a quick turn-around on the completion of Past

Performance Surveys. Will HUD consider an extension on the deadline for references to submit their surveys? In the alternative, would HUD consider using other methods to evaluate past performance (e.g., CPARS)?

A: The deadline for references to submit their surveys will be extended seven (7) business days to August 12, 2016, 1:00 pm Eastern. Additionally, the solicitation states, “HUD is not restricted to evaluating the information provided by the offeror or the surveys provided and may utilize information obtained from any source”.

35. Page 69, Key Personnel: Letters of Commitment. Can HUD please provide more information regarding the required Letters of Commitment?

A: If Key Personnel are not currently employed by the offeror, the offeror must provide a

Letter of Commitment for each proposed Key Personnel. The Letter of Commitment must reflect that the proposed Key Personnel agrees to be employed by the offeror at the time of

BPA Award and thus able to carry out the services of the BPA and any applicable Task

Order.

36. Page 70, Section VI, Evaluation Factors: Demonstration of Services. We would welcome the opportunity to provide the HUD evaluation committee with a demonstration of our proposed solutions. Such demonstration would allow us to show the many benefits of our research solution and would provide the opportunity for us to answer any specific questions HUD may have about our offer. Will HUD provide offerors with the opportunity to demonstrate their solutions to HUD during the evaluation period?

A: No, oral presentations or product demonstrations will not be included in the evaluation process.

37. Page 74, Attachment 1: Price Schedule. Section 5.1.2.4 (page 23) allows for offerors to propose additional databases/services. Some of these additional databases and services may only be available as optional separately priced add-ons to an offeror’s core offering.

Can HUD please provide direction as to how/where offerors are to provide HUD with this additional pricing information as Attachment 1 does not provide a location for optional content? If an offeror has additional databases/services that they wish to charge for, should they simply insert additional CLINS (i.e., 0005, 0006, etc.)? Please clarify.

A: Do not insert additional CLINS. Please provide the list of additional services in the

Volume I: Technical Proposal. Please provide the associated costs in the Volume II: Price

Proposal and reference the related section of the Volume I: Technical Proposal.

38. Pages 74-76, Attachment 1: Price Schedule. The CLINS for the Base Ordering Period and all subsequent Option Periods are all numbered 0001-0004. To eliminate any possible confusion as to what a HUD office is purchasing on any given Task Order, should the CLINS for the subsequent Ordering Periods have a different numbering pattern? For example, Option Period 1 could be 1001-1004, Option Period 2 could be

2001-2004, etc. Please clarify.

A: See the answer to question 2 above. Yes, this will be corrected and the standard numbering will be used. HUD will revise the CLIN numbers so that they are in sequential order starting in the Base Ordering Period through Ordering Period 4 (e.g., 0001 - 0021).