EMI III_RFP_1605C1-21-R-00004_FINAL.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CAS

S-4307 200 Constitution Ave, NW Customer Acquisition Services US Department of Labor

SOL DC MALS SHIP CODE 16. ADMINISTERED BYCODE

X

X

518210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCAS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/30/2021 1400 ES

03/31/2021

202-693-4587Daveana Johnson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605C1-21-R-00004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 97 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20210

ROOM N2420

200 CONSTITUTION AVE, NW

US DEPARTMENT OF LABOR

15. DELIVER TO

Washington DC 20210 S-4307 200 Constitution Ave, NW Customer Acquisition Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$35.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THE DEPARTMENT OF LABOR (DOL), ON BEHALF OF THE

OFFICE OF SOLICITOR (SOL) HAS A REQUIREMENT TO

PROCURE E-DISCOVERY, LITIGATION SUPPORT, AND

HOSTED EVIDENCE MANAGEMENT SOLUTION (“EMI III”)

AND PROFESSIONAL SERVICES IN ACCORDANCE WITH THE

ATTACHED STATEMENT OF WORK (SOW).

REQUEST FOR CLARIFICATION: Thursday, April 8, 2021, 1400 EST.

RESPONSES DUE BY: Friday, April 30, 2021, 1400

EST.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Ericka Graham

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

SUBMIT ALL RESPONSES VIA E-MAIL TO

JOHNSON.DAVEANA@DOL.GOV.

Delivery: 60 Days After Award

0001 Base Year - IDIQ - EMI III

Product/Service Code: R497

1001 Option Year One - IDIQ - EMI III

(Option Line Item)

(Anticipated Option Exercise Date) 365 Days After

Award

Product/Service Code: R497

2001 Option Year Two - IDIQ - EMI III

(Option Line Item)

(Anticipated Option Exercise Date) 365 Days After

Award

Product/Service Code: R497

3001 Option Year Three - IDIQ - EMI III

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

97 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 97

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C1-21-R-00004

(Anticipated Option Exercise Date) 365 Days After

Award

Product/Service Code: R497

4001 Option Year Four - IDIQ - EMI III

(Option Line Item)

(Anticipated Option Exercise Date) 365 Days After

Award

Product/Service Code: R497

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award

A - Solicitation/Contract Form

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (OCT 2016)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. (JUL 2018)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

B - Supplies or Services/Prices

MINIMUM GUARANTEE

The Government's only obligation is the Guaranteed Minimum Quantity of Service for the Base Period under the contract. The minimum quantity is $1,000.00 of delivery orders for the base year contract. PLEAE NOTE: GUARANTEED TASKS WILL ONLY BE ISSUED FOR BASE YEAR CONTRACTS IN THE AMOUNT OF $1,000.00 TO BE ESTABLISHED BEFORE THE LAST

DAY OF THE BASE YEAR.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00 $10,000,000.00

THE MAXIMUM AMOUNT OF $10,000,000.00 IS NOT A GUARANTEE. THE GOVERNMENT SHALL NOT EXCEED THE MAXIMUM AMOUNT OVER THE LIFE OF THE CONTRACT WHICH INCLUDES; ONE (1) BASE YEAR AND FOUR (4)

OPTION YEARS.

Pricing Table - LITIGATION SUPPORT PRODUCTS AND SERVICES Fixed Unit Prices

Base Year Option

Option

Option

Option

CLIN ITEM DESCRIPTION UNIT

0001 Document Organization

Organize, Prepare, Index Document Collection Page

Number Documents Page

Bar Coding Page

Document Unitization and Marking - Hard Copy Page

Deduplication of Documents-Electronic Originals Document

Prep, Unitize for Scanning Page

Unitize existing Digital Images Image

0002 Scan to Digital Image / OCR

Scan to Digital Image (TIFF or PDF) Image

Scan to Digital Image - with Document Determination (Unitization)

Image

Scan to Digital Image - Document Determination (Unitization) and Date Capture

Image

Scan to Digital Image - Color Images Surcharge - Whole Container

Image

Scan to Digital Image - Color Images Surcharge - Selected Pages

Image

OCR to ASCII Text - From Existing Digital Image / Separate Pass

Image

OCR Surcharge during Initial Scan to Digital Image Image

Surcharge for On-Site Scanning Image

0003 Blowback

Blowback from Digital Image - Whole Media Page

Blowback from Digital Image - Selected Images Page

Blowback from Digital Image - Color Surcharge - Whole Media

Page

Blowback from Digital Image - Color Surcharge - Selected Images

Page

0004 Reproduction

Hard Drive - Forensic / Bit Level Copy Unit

Hard Drive - Copy Active Data Only Unit

Other Electronic Media - Forensic / Bit Level Copy Unit

CD-ROM - Duplication Unit

DVD-ROM - Duplication Unit

Single-Sided Reproduction/Copying in black (face only):

5-1/2 x 8-1/2" Page

8-1/2 x 11" Page

8-1/2 x 14" Page

11 x 17" Page

Larger than 11 x 17" per sq. ft.

Double-Sided Reproduction/Copying in black (face and back):

5-1/2 x 8-1/2" per page side

8-1/2 x 11" per page side

8-1/2 x 14" per page side

11 x 17" per page side

Larger than 11 x 17" per sq. ft.

Single-Sided Reproduction/Copying in color (face only):

8-1/2 x 14" per page side

11 x 17" per page side

Larger than 11 x 17" per sq. ft.

Double-Sided Reproduction/Copying in color (face and back):

8-1/2 x 14" per page side

11 x 17" per page side

Larger than 11 x 17" per sq. ft.

0009 Document Coding

Coding - Document Determination (logical unitization) from image per image

Coding - Doc. Determination & Date per coded field

Coding - Mini-Coding per coded

Coding - Header Coding

Coding - Bibliographic

Coding - Bibliographic with Mentioned Names

Auto Coding

Document Coding - OCR Surcharge per page

PC/TAR per document

0010 Electronic Files Processing (EFP)

EFP - Intake and Process to Load Files Gigabyte

EFP - Intake and Process to On-Line Review Gigabyte

EFP - On-Line Review Hosting GB Stored/Month

EFP - Output from On-Line Review Hosting to Load Files

Gigabyte

EFP – Export workspace from Relativity via ARM utility

Gigabtye OR flat rate per export

EFP – Export documents from Relativity to document level searchable PDF (using existing images)

Image

EFP - Image Files Creation Image

Image File Conversion Image

Image File Conversion - OCR Surcharge Image

Audiotape Digitization Hour

Videotape Digitization Hour

Transcript Synchronization Surcharge Hour

Transcript Synchronization - Separate Pass Hour

Machine Transcription of Audio/Video Hour

Machine Translation of Documents Document

Database File / Data Conversion Hour

0011 Standard Databases

Standard Document Database Creation Per DB

Load Image and Data Files (including OCR) Gigabyte

Coded and Formatted Databases Derived from Expert Databases

Hour

Coded and Formatted Databases based on Manual Input (not 1400 series coding)

Cost * Multiplier

Coded and Formatted Databases Derived from Pre- Existing Structured Data

Hour

Document Image Databases - Creation Per DB

Document Image Databases - Load Image and Data Files

Gigabyte

0012 Data Hosting & Software Services

Managed web hosting of document databases GB Stored / Month

Access Control per user / Month

Help Desk Support Hour

0013 Binding Services

Drilling (each run) Page/Sheet

Binding with Wire-O type binding, or similar per copy

Binding with Acco-type fasteners per copy

Stitch in upper left-hand corner/or two side stitches/per copy per copy

Saddle Stitch in two places on left 11" side per copy

Inserting text pages into the following three-ring binder sizes

Binder 1" ----------------------per binder per binder Binder 2" ----------------------per binder per binder

Binder 3" ----------------------per binder per binder

Binder 4" ----------------------per binder per binder

Binder 5" ----------------------per binder per binder

Plastic comb binding per copy

Spiral binding per copy

Clear Cover per page

Black Back per page

Tabs Standard per tab

Tabs Custom per tab

Finishing: Mounting on Foam Core per sq. ft.

Finishing: Laminating per sq. ft.

Print #10 envelope size 4-1/8 x 9-1/2" per envelope

Print Kraft envelope size 9-1/2 x 12" per envelope

0015 Trials, Hearing, And Other Proceedings

Organization and maintenance of case files Hour

Case Submissions Hour

Discovery Requests and Related Matters Hour

Discovery by Adverse Parties Hour

Discovery by Government Hour

Electronic Discovery – Forensic Data Collection Hour

Electronic Discovery – Forensic Analysis, including creation of results reports

Hour

Electronic Discovery – Deposition, Hearing, or Other Testimony re: Forensic Work

Hour

Log of documents in special categories Hour

Subpoenas Hour

Preparation of Deposition Exhibits Hour

Suggestions for Discovery Hour

Preparation of Various Documents Required for the Case

Hour

Creation of binders for witnesses or potential witnesses Hour

Creation of Subject Binders Hour

Preparation of Document Compilations and Summaries Hour

Production of exhibits and exhibit lists Hour

Preparation of Administrative Records Hour

Digesting Hour

Interviews of potential witnesses Hour

Paralegal and legal analysis support Hour

Subject-matter research and investigation Hour

Videotape synchronization and editing Video Hour

Assistance During Proceedings Hour

Consultant Services-Not Otherwise Described Hour

Audio Recording Transcription Page

Translator Services Page OR Word

Research and Analysis Services Hour

Trial Presentation Preparation Services Hour

Mass Mailing – Stuff envelope, affix address labels / information, seal envelope, apply postage

Per Envelope (completed mailing)

0016 Miscellaneous, Other Direct Costs

Shipping/Delivery At Cost

Postage for Mass Mailings At Cost

Travel At Cost

Misc. Audit/Statistical Services Hour

Miscellaneous Supplies At Cost

TABLE 2 - SUPPORT SERVICES NOT OTHERWISE INCLUDED,

CONTRACTOR SITE Base Year

Option

Option

Option

Option

CLIN ITEM DESCRIPTION UNIT

0017 Program Manager Hour

0018 Project Director Hour

0019 Project Supervisor Hour

0020 Task Supervisor Hour

0021 Document Management Analyst Hour

0022 Document Management Technician Hour

0023 Supervisory Paralegal Hour

0024 Law Clerk Hour

0025 Senior Paralegal Hour

0026 Paralegal Hour

0027 Supervisory Clerical Hour

0028 Clerical Hour

0029 Office Applications Specialist Hour

0030 Senior Word Processor Hour

0031 Word Processor Hour

0032 Field Discovery Manager Hour

0033 Document Coder Hour

0034 Data Entry Technician Hour

0035 Scanner Operator - CFE Hour

0036 Scanner Operator - GFE/No Equipment Hour

0037 EFP Processing Manager Hour

0038 Senior Electronic Files Specialist Hour

0039 Electronic Files Specialist Hour

0040 Trial Consultant / Graphics Consultant Hour

0041 Courtroom AV/Hardware Specialist Hour

0042 Courtroom Presentation Specialist Hour

0043 Information Technology Manager Hour

0044 Technical Analyst Hour

0045 Network Analyst/Engineer Hour

0046 Technical Writer Hour

0047 Forensic Analyst Hour

0048 Senior Systems Analyst Hour

0049 Systems Analyst Hour

0050 Senior Programmer Hour

0051 Programmer Hour

0052 Electronic Files Specialist Hour

0053 Senior System Administrator Hour

0054 System Administrator II Hour

0055 System Administrator I Hour

0056 Network Administrator Hour

0057 PC Technician Hour

0058 User Support Program Manager Hour

0059 Application Manager Hour

0060 Help Desk Supervisor/Senior User Trainer Hour

0061 User Trainer/Senior User Support Specialist Hour

0062 Help Desk/User Support Specialist Hour

0063 Senior Auditor Hour

0064 Auditor Hour

0065 Financial Analyst Hour

0066 Accounting Technician Hour

0067 Fraud Analyst Hour

C - Description/Specifications

Department of Labor Office of the Solicitor

E- Discovery, Litigation Support, and Hosted Evidence Management Solution (“EMI III”)

PART 1 GENERAL INFORMATION

1.1. Description of Services/Introduction

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform E-Discovery, Litigation Support and Hosted Evidence Management Services as defined in this Statement of Work. The contractor shall perform to the standards in this contract.

1.2. Background

1.2.1 SOL Organization and Mission

The Office of the Solicitor is the legal arm of United States Department of Labor (“DOL”), and its mission is to provide high quality legal services to the Secretary of Labor and the agencies within DOL. Investigations and litigation enforcement actions are critical to the mission of the Department, and SOL has an active role in many such matters. In addition, as the Secretary of Labor and other Department officials seek to accomplish the Department's overall mission and to further specific priorities, the SOL provides legal advice regarding how to achieve those goals.

SOL is unusual among the federal government’s legal offices in that it has independent litigating authority under numerous federal statutes. SOL litigates the great majority of its enforcement actions without support or oversight by the Department of Justice or other legal entities in the federal government. As a result of this unique authority, SOL attorneys regularly appear in federal court and administrative tribunals throughout the country, pursuing enforcement actions against employers and others who violate federal labor laws and worker rights. Outside the courtroom, SOL is regularly called upon to provide advice on varied and complex legal issues as well as to review and guide the development of regulations and interpretive material. (see SOL Brochure: https://www.dol.gov/sites/dolgov/files/SOL/files/brochure.pdf ).

SOL has about 500 attorneys and a total staff of about 650 to address the many complex legal issues that arise in administering and enforcing federal labor laws and their implementing regulations. The SOL National Office, located in Washington, D.C., includes ten

(10) divisions that provide program advice and litigation services to Department agencies. About half of all SOL attorneys are located https://www.dol.gov/sites/dolgov/files/SOL/files/brochure.pdf in 14 regional and sub-regional offices across the country where they regularly engage in trial litigation in federal district courts and before administrative law judges. These fourteen regional and sub-regional offices are located in Arlington (VA), Atlanta, Boston, Chicago, Cleveland, Dallas, Denver, Kansas City, Los Angeles, Nashville, New York City, Philadelphia, San Francisco, and Seattle. They are sometimes called “RSOLs,” meaning that they are Regional Solicitors of Labor (e.g., Boston RSOL, Philadelphia

RSOL).

Litigation support and e-discovery services are managed through SOL’s Litigation Support Unit (“LSU”), which resides in SOL’s Division of Management and Administrative Legal Services (“MALS”) in Washington, D.C.

1.2.2 Litigation Support at SOL

SOL manages over 10,000 open cases per year, on average. However, only select cases require litigation support, and, historically, an even smaller portion of these cases have been loaded into Relativity, SOL’s current “evidence management solution” (“EMS”) at any given time. On average, over the past three years, case teams have requested litigation support assistance for approximately 350 legal matters per year. During the same time period, the EMS has hosted between 30-75 active matters at any given time, with closed matters taken offline and archived as those cases were resolved. It is projected that both of these numbers will increase over the life of this contract, and it is unlikely that volume will materially decrease from these levels, even given the ebb and flow of litigation.

SOL has seen a marked move from hardcopy to digital evidence in many of its litigation matters, but a strong minority of defendants or other producing entities in SOL matters continue to have some volume of hardcopy files that must be digitized before SOL can integrate them with other digital evidence received in a matter. Over the course of the current, expiring EMI II contract, SOL has required scanning services in over two hundred (200) different legal matters, though less so in 2020 than in other years, likely due to limited on-site document collection of hardcopy documents by SOL client agencies due to unique pandemic circumstances. Thus, cost-effective, locally-provided document digitization (e.g., scanning) is a critical need for SOL and hardcopy-based document management will be an important, albeit declining, component of EMI III performance.

In addition to EMS usage, SOL has substantial need for e-discovery and litigation support services in matters that will not ultimately use the EMS. Further, services under the EMI III contract may be used periodically to support non-litigation related tasks, such as document productions with respect to congressional oversight requests, FOIA requests, and criminal or civil investigations that are being conducted by third-party agencies such as the Department of Justice and the Securities and Exchange Commission. Typically, these service requests include photocopying or scanning hardcopy materials or processing ESI to searchable .PDF files.

SOL presently obtains litigation support and e-discovery services through a multi-year, single vendor contract that was awarded in 2015 (DOL contract # DOL-OPS-15-D-0019 (“EMI II”)) and is currently in its final option year.

The current EMI II Contractor, either directly or through its subcontractor network, provides a variety of hardcopy and e-discovery services to each of SOL’s fifteen (15) physical locations. Hardcopy materials are picked up (and returned) locally by the EMI II Contractor or its local subcontractor. Depending on the nature of the e-discovery request, ESI may be processed locally or sent to the EMI II Contractor’s centralized high-volume ESI lab and data center. All ESI and imaged hardcopy materials are transmitted to the EMI II Contractor’s centralized data center, which hosts EMI II Contractor’s EMS. Transmittal is accomplished via secure FTP or, in the case of large data volumes, via encrypted hard drive sent via express delivery service.

In addition to these fixed service locations, the EMI II Contractor is positioned to provide on-demand pop-up litigation support and e-discovery services at additional locations throughout the United States. Typically, these service requests will require data or document acquisition or trial support at one of the many tribunals that hear cases in which DOL is involved. SOL does not have an ability to predict the location of these temporary locations for litigation support and e-discovery services, but the locations are typically identified with sufficient time for the EMI II Contractor to identify a suitable subcontractor or, as appropriate, assemble the necessary resources, including staffing, equipment, and short-term physical space sufficient to complete the requested task(s).

1.2.3 SOL’S Current EMS

As noted above, SOL’s EMI II contract includes both a litigation support and document production services component and an Evidence Management Solution based on the EMI II Contractor’s instance of the Relativity document review platform. The EMI II Contractor hosts processed data and images associated with some but not all cases for which it provides litigation support and e-discovery services. The EMI II EMS is a Software as a Service (SaaS) Cloud solution with a Moderate FIPS 199 security categorization (security risk level). The FedRAMP security control baseline has been implemented, and Contractor’s Relativity instance has been FedRAMP certified since late 2015. The existing Agency Authority to Operate (ATO) for the present EMS leverages its FedRAMP certification and expires in December 2022. DOL does not desire to be the Sponsoring Agency for a FedRAMP Agency Authorization.

The EMI II EMS is scalable, with SOL having access to Contractor-hosted storage as needed. The amount of EMS storage required by SOL’s hosted cases depends on the format in which materials were produced in that case. Cases in which native ESI has been exchanged have the smallest storage footprint—often as little as 1-2 gigabytes of storage. Conversely, matters in which documents were received from producing parties or produced from the EMS by the Government in .PDF or .TIFF image format are much more voluminous; historically, data for these matters has consumed 20-90 gigabytes of storage per matter, and the largest litigation-specific document collection hosted to date by the EMS was 826 gigabytes. As of February 1, 2021, the current EMS hosts approximately 2.3 Terabytes of stored data, with the bulk of this storage consumed by two individual legal disputes with voluminous discovery document collections. SOL’s aggregate hosting is currently on the upswing; in excess of one TB of SOL’s current hosting was added in the last year. Currently, it is projected that EMS storage requirements will fluctuate between two and four (2-4) TB level in the next two years of EMS use, though this projection is based on a steady state in the volume and nature of SOL litigation without any “blockbuster” new litigation matters. The settlement of several matters may reduce the amount of needed storage.

In addition to the Contractor-hosted EMS, SOL is also hosting select cases in an in-house instance of Relativity 10.x. This is a fairly recent deployment, and the full range of workflow and internal procedures for fully utilizing this instance are still being developed.

That said, SOL is currently hosting in excess of 500 GB in in-house Relativity.

In general, EMS usage is more frequent in cases originating in SOL’s RSOL offices, as these offices perform more trial litigation than the National Office Divisions. However, legal matters are sometimes staffed across multiple offices, and large cases often have both National Office and RSOL team members.

1.2.4 Performance and Data Migration from EMI II to EMI III

The Government may ask Contractor to migrate certain SOL legacy data from current repositories to Contractor’s EMS as part of a migration plan from the current EMI II contract to services pursuant to this EMI III Contract. Because of the uncertain nature of litigation and the possibility that existing cases may settle and new cases may arise prior the start of Contractor performance under this Contract, the volume of legacy data for possible migration is unknown at this time. As of January 31, 2021, the Government’s current primary EMS hosts 2.3 TB of data (database records and associated native files and/or digital images), of which approximately 850 GB is associated with a single matter. SOL envisions maintaining some existing matters in the current EMS if they appear likely to settle or otherwise reach resolution prior to the expiration of the governing EMI II Task Orders, migrating other longer-term matters, and hosting all new matters in the new EMS. The award recipient of this Contract will be asked to provide time and cost-sensitive assistance to the Government to speedily complete this task and minimize the unavailability of case data to a SOL legal team. The Government will require, as part of this Contract and the previous EMI II Contract, full cooperation between the Contractors in facilitating such data transfer.

Contractor shall not receive any ownership interest in any data provided by the Government for hosting in the Contractor’s EMS, nor shall Contractor hold any ownership interest in additional information (fielded or otherwise), such as document coding, categorization, that may be added to the data initially provided by Government for hosting. To the extent that Contractor provides any such supplemental information, this deliverable shall be a work for hire, and the Government shall own this information. See also Section H, Data Ownership.

As part of its response to this SOW, Offeror shall provide a detailed plan for migrating from the existing EMI II contract to the new EMI III contract. This plan shall include, at a minimum:

An approach and timeline for routing new Service Requests to Contractor from the incumbent Contractor;

Procedures for assessing and transferring data stored in the current EMS to the new EMI III EMS;

Conducting quality tests on migrated data to test for data corruption or other performance issue;

Ensuring that all work in progress performed by the Incumbent Contractor is closed out or transferred to the EMI III

Contractor;

As requested, assisting with SOL training (both to the SOL Litigation Support Unit and to SOL as a whole) regarding new requirements, benefits, or changes in procedure from the EMI II contract to the EMI III contract.

As part of its performance, Contractor will provide data migration progress reports, a migration validation and completion report, and certify the full availability of migrated data once the data migration is complete. The Government must approve all data migration plans prior to their execution.

1.3. Objectives

The U.S. Department of Labor (DOL), Office of the Solicitor (SOL) (also referred to hereinafter as the Government) seeks to award an Indefinite Delivery Indefinite Quantity (IDIQ) Contract to a qualified Contractor to provide secure, integrated, and scalable e-discovery and litigation support services, to be referenced as SOL’s E-Discovery, Litigation Support, and Hosted Evidence Management Solution (“EMI III”). These EMI III services include, at a minimum, processing of hardcopy files and electronically stored information (ESI) and providing document database services through a FedRAMP certified instance of Relativity that is capable of quickly qualifying for a valid DOL ATO. Stated differently, contract performance will entail on-demand, scalable litigation and document production support services and a secure instance of Relativity. As an optional service, DOL also seeks the possibility of obtaining skilled hourly support for an in-house DOL Relativity instance that continues to be developed even as it is being deployed for select SOL enforcement matters.

Contractor shall provide general contract management for all services and administrative tasks requested under this Contract. Payment for services requested shall be authorized and made via Task Orders (“TOs”) and their associated funding, and individual requests for services in connection with a specific matter shall be made via written Service Requests, with associated costs for these Service Requests tracked at the Service Request and, in the case of multiple related Service Requests, at the specific legal matter level. Task Orders and Service Requests are described in greater detail in the Task Order section of this Contract. These management provisions require the Contractor to provide for the management of all work and services performed under the contract. The Government shall retain ownership of all data maintained and managed by Contractor pursuant to this Contract. For the EMS or other organizational structure used by Contractor to organize the Government’s data for the Government’s use, the Government shall also receive ownership, or, in the alternative, an unlimited perpetual, no-cost license to use the data structure in Contractor’s environment or in a successor or alternate environment.

High quality management of the services and work is required and is both of paramount importance to the Government and essential to Contractor’s ability to perform under this Contract. Contractor must provide adequate contract and corporate level resources for the management of resources and performance of services and work under this Contract, where management includes not only supervision and allocation of resources, but all required reporting on contract, task order, and task management, progress, status, and expenditures, as well as on cost and schedule projections. A further critical part of Contractor’s managerial function is to ensure that all services are available as required by this Contract and Service Requests are completed accurately, on time, within the legal case or matter estimate, and in compliance with court imposed deadlines.

Contractor shall provide qualified, knowledgeable, and appropriately skilled staff trained in their relevant area to perform work under this Contract. Contractor shall provide sufficient resources including management, equipment, space and personnel to handle surge requirements and multiple requirements simultaneously.

This Contract and Statement of Work (SOW) outlines the contractor services and support needed to provide EMI III services for SOL’s ten (10) divisions in its Washington, D.C. national office and its 14 regional and sub-regional offices (Arlington (VA), Atlanta, Boston, Chicago, Cleveland, Dallas, Denver, Kansas City, Los Angeles, Nashville, New York City, Philadelphia, San Francisco, and Seattle) (see https://www.dol.gov/agencies/sol/about/regions for street addresses). The EMI III services, which include a mix of litigation and document production support services and software-based services, must provide a centralized and standardized approach to store, process, produce, and present litigation evidence, including trial preparation and presentations. Litigation and document production support service facilities shall be located within close proximity to each SOL office, and Contractor must also have the capacity to provide short-term pop-up litigation and document production services on an as-needed basis when, for example, SOL is collecting documents at a remote location or when SOL legal teams are at trial. Such ad hoc needs are described further within this document.

EMI III will provide SOL enhanced ability to develop its litigation matters, conduct fact discovery, and comply with the Federal Rules of Civil Procedures (FRCP) through state of the art automation.

Due to the nature of litigation and the uncertainty of the federal annual budget, the volume and size of matters selected by SOL to receive services under EMI III will likely vary from year to year. In addition, there is no timetable for any in-house deployment of Relativity. It is likely that the highest priority cases for EMS treatment will be larger, mission-critical, or time-sensitive cases. Because of the short time-frames found in many of SOL’s document production projects, it is important for SOL that EMI III can quickly respond and scale to support SOL as the need arises.

The selected Contractor will provide all services and requirements identified in this Contract, including any and all attachments thereto, in conformity with the terms therein.

https://www.dol.gov/agencies/sol/about/regions

1.4. Scope

The Contract is for the entity selected for award (hereinafter referred to as “Contractor” or “Offeror”) to provide services as described in this Contract and its Attachments. Contractor shall provide the following services, plus additional e-discovery and litigation support services described in this Statement of Work, on an as-needed basis. These and other services are discussed in greater detail elsewhere in this SOW:

· Providing an on-demand secure Relativity hosting for select legal cases, with workspace access available only to designated SOL users or agents.

· Scanning hardcopy materials, both black & white and color, and including oversized and oddly-sized documents such as blueprints

· Preparing OCR text from imaged hardcopy materials (created and received)

· Adding numeric endorsements, running headers/footers, and watermarking to images

· Unitizing hardcopy materials

· Searching and filtering large amounts of ESI post-collection but prior to full processing to identify potentially responsive material

· Preparing hash-code values for granular objects (e.g., e-mail message vs. entire .PST archive; Microsoft Excel spreadsheet vs.

.ZIP file containing multiple spreadsheets)

· Extracting information from ESI load files and preparing database load files to the specifications recommended by the U.S.

Department of Justice Civil Division

· Preparing output in a variety of production formats, including but not limited to Concordance, Relativity, Ringtail, and searchable PDF

· Creating demonstrative exhibits, both electronic and traditional foam-core blow-ups

· Preparing certified translations to and from English and a broad variety of languages, including but not limited to Spanish, French, German, Italian, Cantonese, Mandarin, Tagalog, and Vietnamese

· Preparing written transcripts of audio and / or video recordings, whether in digital or analog format, with the occasional need to certify the accuracy of the transcription

· Providing secure document / box destruction, including destruction of electronic storage media

· Editing and converting audio and video recordings to digital formats suitable for use with commercial presentation software including but not limited to PowerPoint, Sanction, and Trial Director.

· On an occasional and specialized basis, providing computer forensic services for both traditional computers, storage media, and mobile devices.

· On an occasional and specialized basis, providing back-wage calculation and financial analysis services in support of specific litigation matters;

· Rarely, providing bibliographic coding for digitally imaged hardcopy documents, where the coding may include traditional human-based document review/coding and AI-powered “autocoding” or equivalent solution.

· Providing, on an as-needed basis, data loading, indexing, and production services to support an in-house DOL instance of Relativity.

For security reasons regarding the protection of Government sensitive information and Personal Identifiable Information, all DOL data hosted by Contractor, its subcontractors, and its agents, and all physical data centers housing Contractor’s processing facilities or externally hosted EMS, must reside within the United States of America, which is defined for this contract as the continental United States (“CONUS”), Hawaii, Alaska, Puerto Rico, Guam, and the Virgin Islands.

Contractor, and its subcontractors and agents, shall comply with all federal laws, rules, regulations, and standards, and these laws, rules, regulations, and standards shall apply equally to all parties involved in any aspect of managing, hosting, delivering, maintaining and/or supporting the services identified herein.

Offerors responding to this Solicitation must, at a minimum, meet the following criteria in order to be considered for award:

1. To ensure that Offeror’s proposed Relativity implementation, including software application and associated network infrastructure (i.e., Contractor’s “EMS”), is compliant with applicable federal laws and regulations, Offeror must provide evidence that Contractor’s Relativity instance has a current FedRAMP authorization for a SaaS solution or a FedRAMP certification that will be in effect by the time of contract execution. FedRAMP certification for Infrastructure as a Service (“IaaS”) is insufficient. If Offeror’s proposed EMS lacks FedRAMP (SaaS) certification, the Contractor must complete all actions, solely at the Contractor’s expense, to timely obtain a FedRAMP authorization prior to contract execution.

2. Provide nationwide litigation support services, including facilities located within close proximity to SOL’s national and regional offices (such that pick-up of physical materials is within three business hours of a request made from one of SOL’s 15 offices);

3. Provide cost-effective litigation support services as specified in this Statement of Work, including the processing and hosting of ESI, and the collection and processing of documents and data in locations where the Contractor does not have a physical presence, which may include the ability to quickly set up “pop-up” short-term litigation support and e-discovery service centers as needed by the Government;

4. Demonstrate resources and a workflow to provide as-needed Relativity support services (e.g., data loading and indexing, running productions) for an in-house DOL Relativity instance;

5. Demonstrate that Contractor has or will have an internal, effective, and defensible system for quickly determining potential conflicts of interest between competing clients or projects; and

6. Demonstrate that Contractor’s servers/facilities are located in the United States, as defined above, including all data at rest.

Offerors that fail to demonstrate compliance with the requirements referenced above will not be considered for award.

Contractor is on notice that the primary burden is on Contractor, not the Government, to maintain Contractor’s EMS solution in compliance with all federal laws and regulations governing the use of externally hosted services by the federal government. In particular, primary burden is on Contractor, not the Government, for Contractor to obtain and maintain a valid United States security authorization for its externally hosted IT solution (e.g., the EMS), whether such security authorization is obtained via FedRAMP, extension of any existing security authorization, or creation of a completely new security authorization. Offerors will also have the primary burden of demonstrating that its EMS is appropriately audited, validated, and qualifies for a DOL Authority to Operate

(“ATO”).

1.5. Nationwide Coverage

Contractor shall maintain a litigation and document production support service facility in close proximity to the SOL’s Washington, D.C. national and 14 regional and sub-regional offices (Arlington (VA), Atlanta, Boston, Chicago, Cleveland, Dallas, Denver, Kansas City, Los Angeles, Nashville, New York City, Philadelphia, San Francisco, and Seattle) (see https://www.dol.gov/agencies/sol/about/regions for street addresses) to provide pick-up and delivery services for evidentiary documents/data related to SOL legal cases, matters and/or document production. The Government will specify, to the extent possible, the location or locations where services are required and will promptly identify for Contractor if an office physical location is moved from one street address to another.

For Service Requests not near one of SOL’s 15 offices, the Government will specify with particularity the location where services are required, and Contractor shall identify a subcontractor or set up a pop-up remote operations center close to the remote location sufficient to meet DOL’s Service Request needs.

The Contractor shall provide pick-up and delivery services within three business hours of a request made from one of SOL’s 15 offices, or as determined by the COR or designated SOL staff, and this pickup and delivery service shall be made at no additional cost to SOL. If Contractor is unable to provide geographically proximate services for any of SOL’s fixed and clearly identified offices, Contractor shall make arrangements at its sole cost for the shipment of materials to and from an SOL office to a Contractor location.

Service Level Agreements shall be separately set for work performed at pop-up locations, taking into account the resources available and service needs at these locations.

1.6. Period of Performance

The period of performance shall be for one (1) Base Period of 12 months and four (4) 12-month option periods. The anticipated Periods of Performance are as follows:

Base Period: TBD Option Period I: TBD Option Period II: TBD Option Period III: TBD Option Period IV: TBD

The Government reserves the right to extend the term of this contract in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract”.

https://www.dol.gov/agencies/sol/about/regions

1.7. Personnel Requirements

Contractor shall be responsible for providing sufficient trained, experienced staff for performing all of the work ordered under this Contract, and for continuously monitoring, managing and controlling the work. Contractor shall make its best efforts to retain staff members who have gained experience on this Contract, and to minimize staff turnover.

1.7.1 Key Personnel and Minimum Requirements

Personnel designated as key personnel under this Contract are identified as the Program Manager, Project Director, and Information Technology Manager. Contractor may identify and submit additional key personnel for consideration along with their respective resumes. Contractor shall notify the Government in advance of any changes in key personnel.

Contractor’s response to this Contract shall describe the experience and qualifications of all key personnel proposed to support the project. Contractor’s proposal shall include resumes for key personnel and also provide a matrix to include the background and experience and education of the company’s proposed key personnel mapped to the specific requirements of each key personnel category of work. Key personnel include only those persons who will be assigned to this project and who will be the actual personnel responsible for management and/or performance in the event the proposal results in award.

The Program Manager is expected to have full responsibility for overseeing Contractor’s performance under this Contract, including the authority to impose changes on Contractor based on Contractor performance and projected demands. The Program Manager is expected to have minimum education of a 4-year college degree, with a preference for an advanced degree such as an MBA or JD. The Program Manager will have at least ten (10) years of experience providing e-discovery and litigation support services, overseeing government contracts from the Contractor perspective, or a combination of both. Though critical to the success of Contract performance, the Program Manager is not expected to be a full-time position under this Contract.

The Project Director is expected to have primary responsibility for overseeing Contractor’s performance under this Contract, including the ability to request changes within Contractor based on Contractor performance and projected demands. The Program Director is expected to have minimum education of a 4-year college degree, with a preference for an advanced degree such as an MBA or JD. The Program Director will have at least eight (8) years of experience providing e-discovery and litigation support services, overseeing government contracts from the Contractor perspective, or a combination of both. The Project Director must have demonstrated experience managing complex e-discovery and litigation support engagements, whether in the commercial or government sector. Though critical to the success of Contract performance, the Project Director is expected to be a part-time position under this Contract, overseeing the Contractor Project Managers and other Contractor staff providing day to day support.

The Information Technology Manager is expected to have primary responsibility for ensuring Contractor’s compliance with all Government security requirements and for keeping Contractor’s IT systems, whether internal or client-facing, available for performance of this Contract. The Information Technology Manager is expected to have minimum education of 4-year college degree in computer science or other relevant field, with a preference for an advanced degree in either computer science, management, or other relevant field. The Information Technology Manager will have at least ten (10) years of experience supporting IT systems, including at least five (5) years supporting IT systems from a management position. The Information Technology Manager is not expected to be a full-time position under this Contract.

1.7.2 Staff Training

Contractor shall train its own staff, at Contractor’s sole expense, to ensure that all personnel are able to perform their duties under each task order satisfactorily. Except where specifically approved in advance by the COR, Contractor training costs shall not be billed to the Government.

Contractor shall reimburse the Government for the cost of any Government provided or funded training for Contractor employees who cease to perform Contract duties within six months after receiving that training.

In addition to job-specific or professional training, Contractor shall ensure its employees on this Contract are trained on “contract-specific” issues such as DOL ethics, standards of conduct, individual conflicts of interest, confidentiality requirements, NIST and DOL security requirements, understanding of litigation processes and terminology, understanding of the function of reporting and the importance of quality control and quality assurance, and relevant facts and issues concerning specific task order worked upon.

In addition, Contractor shall ensure that its managers are trained on the terms and conditions of the Contract.

1.8. Security and Compliance Requirements

1.8.1 Federal IT Security Policies

Contractor shall comply with applicable federal laws and regulations including, but not limited to, OMB Memoranda and Bulletins;

the E-Government Act of 2002, the Federal Information Security Management Act (FISMA) of 2002 (Title III of the E-Government Act of 2002); the National Institute of Standards and Technology (NIST) Federal Information Processing Standards (FIPS) Series; the Federal Risk and Authorization Management Program (Cloud Only) and the NIST 800 Series Publications (latest publication, generally 2020 or newer editions).

Contractor shall demonstrate experience with the federal system security authorization process. Successful demonstration will include developing supporting documentation, conducting assessments required to adequately demonstrate contractor capabilities and services, and providing DOL access to Contractor’s security authorization decisions for its proposed solution. Functions that the Contractor shall perform include:

· Ensuring security authorization/ compliance with federal regulations, policies, and guidance.

· Developing required security authorization documentation/artifacts in accordance with NIST and FedRAMP (Cloud only) guidelines.

· Developing plans to facilitate security authorization requirements and monitor security authorization status.

· Implementing and continuously monitoring, measuring, and reporting the on-going status of security controls over the lifecycle of the system.

Following contract execution, Contractor shall provide all required support, solely at Contractor’s expense, including any 3rd party audit required, to establish an agency (SOL) ATO. Contractor shall solely bear the cost of validating security controls solely under its control/authority, including any 3rd party audits required to maintain compliance with FedRAMP and agency ATO requirements.

1.8.2 Security Requirements

1. For Contractor’s platform or system hosting the SOL EMS, all other tenants/clients must have shared concerns (e.g., mission, security requirements,…