kCura_Relativity_Statement_of_Work.docx

Federal Communications Commission Federal Communications Commission (FCC) Office of the Managing Director (OMD) Information Technology (IT) kCura's Relativity e-Discovery Solution Software delivered as a Service (SaaS) Statement of Work (SOW)

Prepared By:

United States Federal Communications Commission (FCC) Office of the Managing Director (OMD) Information Technology (IT) 445 12th Street SW Washington, DC 20554

Table of Contents

Table of Tables

Introduction The FCC is an independent agency established in the Communications Act of 1934, as amended, to regulate communications by radio, television, and satellite.

The Federal Communications Commission (FCC) presents this Statement of Work (SOW) in support of the Office of the Managing Director (OMD), Information Technology Center (ITC) for secure implementation of kCura's Relativity e-Discovery Software delivered as a Service (SaaS) solution using a consumption model.

The FCC OMD, Information Technology (IT) is located at 445 12th Street SW, Washington DC 20554.

Purpose This SOW supports the FCC Office of Inspector General (OIG), the Office of General Council (OGC), and Enforcement Bureau (EB) requirements to use a system that provides managing, tracking, and reporting for litigation documents which contains secure and sensitive data. Currently the litigation data exists in many different locations, follows different processes, and is accessed by parties with varying deadlines and requirements.

FCC has a need to quickly search and collect information across many different data sources without compromising the data's integrity. The Agency collects and analyzes data pertaining to government inquiries, internal investigations, and case assessments.

The e-Discovery solution must allow litigation support managers access to build, customize, or implement templates for different types of matters to quickly address new matters and reduce the amount of time required to repeatedly build similar databases and spreadsheets. This will provide the Agency valuable transparencies, and insight into the collected data.

Background The FCC is involved with reviewing applications involving proposed telecommunications industry mergers, acquisitions, investigations, and anti-fraud efforts of Commission systems and programs. These efforts vary in length, complexity, and volume and are often performed in coordination with other agencies.

A critical component of these efforts is the discovery phase supported by an e-Discovery platform or software. The FCC has used various solutions in the past, but to ensure compatibility with other agencies an implementation of kCura’s Relativity is desired. In compliance with the Office of Management and Budget (OMB), and FCC initiatives, the Commission will use a cloud-based Solution as a Service (SaaS) e-Discovery solution operated with limited or no dependencies on the FCC-managed infrastructure.

Scope The Vendor awarded this contract shall provide customized technical solutions, and security implementations for the FCC environment to be used for discovery efforts related to industry mergers, acquisitions, investigations, and anti-fraud efforts.

FCC estimates about 1-6 active matters at any given time and each matter range in size from a few GB to 5 TB. The matter may have as many as 30 users accessing the system. These numbers vary greatly depending on the. The FCC must have an interface to monitor usage of the solution and users.

The Contractor shall provide all labor, administration and management necessary to provide for the kCura Relativity solution, and cloud-based environment supporting discovery, monitoring, storage, user accounts, and security relative to the FCC environment.

The Contractor shall provide Project Management (PM) services for the implementation and configuration of the SaaS.

Out of scope

· The contractor will not be responsible for testing any FCC environments.

Assumptions

· The kCura Relativity solution is cloud-based and will have limited or no dependencies on the FCC-managed infrastructure.

Goals and Requirements FCC ‘s objective is a consumption based contract with predictable cost. The kCura's Relativity solution must be compliant with FCC's security and operational requirements, scaleable to handle the expected volume, and flexible to handle unexpected efforts, data loads, and requirements.

Security Requirements

(a) The solution must treat FCC data as confidential and must comply with Federal security requirements.

The solution must:

· Have a FedRAMP Certification or at minimum a valid active ATO from another Federal agency (Federal Information Security Management Act [FISMA] Medium or higher).

· Use Federal Information Processing Standards (FIPS140) encryption for data in transport.

· Use data centers that are located in the US.

· Have documented security controls mapped to National Institute of Standards and Technology (NIST) 800-53.

· Offer linked access control to FCC directory or authentication services; this is a desired option but not a requirement.

Operational Requirements

(a) The solution must be able to create a new matter (effort) in no more than two days, this includes the distribution of login credentials and/or tokens.

(b) The solution must be able to add users to active matters within two days. This includes the distribution of login credentials and/or tokens.

(c) Each matter varies in size and scope:

a. Ranges in size form 5GB to 5TB of documents

b. Matters varies in length

c. Data may be delivered in native or load ready format

d. Images will be required for a subset of documents/pages

e. The vendor will be required to provide one or more exports of the data in load ready format

f. The vendor will be required to provide one or more production of a subset of documents in native and/or image format

g. At the conclusion of the matter the vendor must certify that all data has been removed. This includes online storage, offline storage, and backup

(d) The FCC must have an interface to monitor usage of the solution such as space used, and active users.

Training

(a) The vendor will provide training for kCura’s Relativity, including implementation of the software, and user access to the product, at a predictable cost.

Discovery Setup

(a) The kCura’s Relativity vendor will support setup of a discovery effort within two days and with a known (predictable) cost component. The setup should result in a functional environment for FCC to perform discovery efforts, and cover items such as allocation of computer resources, allocation of storage, provisioning users, enabling user access, enabling and verifying security controls, enabling and verifying auditing, and enabling software options. As the FCC is likely to perform multiple simultaneous but separate discovery efforts, the solution must include this capability.

Data Load

(a) Most initial data collections are delivered on hard disks in “load-ready format”. The solution will support the loading of data from hard disk, and it is expected that the vendor will perform the data loads. The loads must be performed within a reasonable time frame and with a predictable cost for data delivered in a load-ready format. It is expected that the vendor will perform quality control for the data loads.

(b) The vendor must have the capability to load documents delivered in native formats and also load the data at a predictable cost.

Discovery and Support

(a) The solution must, at a minimum, provide 24x7x365 support for resolving access issues (for example, password resets).

(b) The vendor must provide 8x5 technical and Relativity support.

Data Transfer

(a) At the end of the discovery effort the vendor, at FCC’s request, must have the capability to export the entire data set or a subset, including logs, in a manner that enables reloading the data within 5 business days. This data may be delivered to FCC on hard disks. The vendor must have a predictable cost for this effort.

(b) The vendor must have the capability to, at FCC’s request, to export a subset of documents and images for delivery to a third party. The vendor must have a predictable cost for this effort.

Closeout

(a) When a discovery effort is completed the vendor must have the capability to, at FCC's request, remove and purge all data related to the discovery effort. This should include any backups or replicated data. The vendor must certify that all data regarding the discovery effort has been erased. After closeout no additional charges (such as user access charge) shall be placed against the specific discovery effort. Other discovery efforts may still be active and incurring charges.

Performance Measurements The performance measurements for the kCura Relativity e-Discovery SaaS solution are provided below.

Table 1. Perfomance Measurments

· Measurement only covers items under vendor’s control.

· FCC expects monthly reports on storage and user account usage

· Measured as the time from when the vendor receives the request until a functional database is made available to FCC.

· Measured as the time from when the vendor receives the request until a functional user account/environment is made available to FCC staff.

Requirements The requirements matrix for the kCura Relativity e-Discovery SaaS solution is provided below.

Table 2. Requirements Matrix

Contract Tasks The kCura Relativity e-discovery SaaS solution shall be delivered to the FCC per requirements described herein.

Deliverables The kCura Relativity e-discovery SaaS solution is delivered to the FCC per requirement. The deliverables description and schedule table is provided below:

Table 3. Deliverables Description and Schedule Table

Estimated Annual Consumption This annual estimate is provided for guidance only, actual services and quantities consumed will differ.

Period of Performance Period of Performance – August 24, 2015 – August 23, 2018.

Place of Performance The services specified by this SOW shall be performed at the contractor’s facility, located in the United States.

Government Responsibilities and Points of Contact Points of Contact (POC) The FCC’s COR is responsible for monitoring the Contractor's progress in fulfilling the requirements specified in this contract or order. The COR ensures that all required documentation/or services and/or supplies are submitted, or performed in accordance with the requirements of this contract or order. Should the Contractor fail to fulfill any contractual requirements, the COR shall inform the Contractor of such failure. The COR shall also inform the FCC’s CO of any technical or contractual problems or delays. The COR also approves all invoices and performs final inspection and acceptance of all work performed and/or all supplies delivered under this contract. The FCC’s COR is not authorized to make any commitments or obligations on behalf of the FCC, including, without limitation, the exercise of options or the incurrence of any costs beyond the stated ceiling price(s) or fixed price(s). The COR shall not grant the Contractor permission to deviate from the requirements stated in the contract or order, and shall not direct the Contractor to perform any work beyond that stated in the contract or order. By acceptance of this contract or order, the Contractor acknowledges and accepts the limited authority of the FCC’s COR, as specified herein. Further, the Contractor agrees that it will not accept any direction or instructions from the COR that are expressly prohibited herein.

All contract-specific issues shall be directed to the FCC CO and Contract Specialist.

Changes and Revisions The CO is the only authorized official to issue modifications to this Contract. The FCC OMD shall not be liable for any costs due to changes or revisions not originally negotiated under this contract. Requests for changes or revisions received from the Contractor shall be referred to the CO and COR for review. Upon approval, the CO on a Standard Form 30 (SF30) will issue a formal modification to this Contract.

Government Furnished Equipment (GFE) The Government shall not furnish any government equipment.

Additional Terms and Conditions Privacy Act Work on this project may require personnel to have access to Privacy Information. Personnel shall adhere to the [footnoteRef:1]Privacy Act, Title 5 of the U.S. code, Section 552a and applicable agency rules and regulations. [1: http://www.opm.gov/investigations/requesting-investigation-copies/freedom-of-information-and-privacy-act/ ]

Confidentiality and Nondisclosure The preliminary/draft and final deliverables, and all associated working papers and other material deemed relevant by the agency that have been generated by the Contractor in the performance of this task order, are the property of the U.S. Government and must be submitted to the COR at the conclusion of the task order.

All documents produced for this project are the property of the U.S. Government and cannot be reproduced, or retained by the Contractor. All appropriate project documentation will be given to the agency during, and at the end of this contract. The Contractor shall not release any information without the written consent of the Contracting Officer (CO). Any request for information relating to the task order that is presented to the Contractor must be submitted to the CO for approval. Personnel working on any of the described tasks may, at the Government’s request, be required to sign formal non-disclosure and/or conflict of interest (COI) agreements to guarantee the protection and integrity of Government information and documents.

Data Rights All data produced in performance of this contract is the property of the FCC. The FCC does not request ownership of the software used on execution of this contract

The contractor is not to maintain any data in its system that is produced in execution of the contract. The contractor is required to show proof to the FCC (on FCC’s request) that the data has been destroyed, and is no longer maintained at the end of the contract.

Travel and other Direct Costs Travel FCC expects no travel requirements unless outlined in the cost proposal.

FCC Invoicing and Payment Schedule All invoicing will be done electronically on a monthly billing basis.

Section 508 All Electronic and Information Technology (EIT) procured through this task order must meet the applicable accessibility standards at 36 Code of Federal Regulations (CFR) 1194, unless an Agency exception to this requirement exists. The Section 508 Standards Summary is viewable at: https://www.section508.gov/index.cfm?fuseAction=stdsSum#technical

The offeror shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. The proposal must indicate where full details of compliance can be found (e.g., the offeror's website or other exact location).

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