20240530 UPDATED Answers to Vendor Questions_Answer 59 Updated.pdf

Question Number Document Title Vendor Question FDIC Answer

1 N/A (Historical Information) What e-discovery platform is the FDIC currently utilizing?

Who are the current/incumbent vendors?

This RFP is a re-compete of the FDIC's eDiscovery Basic Ordering Agreements (BOAs). The FDIC currently has a basic ordering agreement with Innovative Driven & Complete Discovery Source. Both vendors provide the FDIC the Relativity Server product. In addition to these BOAs, the FDIC has its own on-prem version of Clearwell. This FDIC-internal Clearwell implementation is planned to continue, and may be subject to a different future re-compete, but is not the subject of this RFP. Also separate from the overarching eDiscovery BOAs being competed, the FDIC Legal Division has an existing agreement for managed review services with HaystackID. (The FDIC has no preference for any specific vendors but provides information about existing vendors only for information and transparency.)

2 N/A (Historical Information) Would there be any migration of data from another source required with this engagement and if so, approximately how much?

No, the FDIC does not anticipate migrating any in-progress projects. In-progress projects would stay with their current vendor from the existing/incumbent BOAs, and new projects would be awarded to the new BOA holders resulting from this RFP.

3 N/A (Historical Information) Please provide any historical information or metrics regarding the anticipated volume to be outsourced under these to-be-awarded BOA(s).

The amount of work fluctuates greatly depending on a variety of factors, such as number of bank failures, enforcement actions, litigation, and investigations. In calendar year 2023, the FDIC Legal Division paid approximately $980,000 to the incumbent BOA holders. In 2022, 40 GB of data was outsourced to a vendor, with a similar number outsourced in 2023. In 2023, we outsourced to a vendor on average about one matter per month, with the data volume varying.

For the FDIC, a large matter would be 30TB, a medium matter 350 GB, and a small matter 15 GB. Vendors should expect most matters to vary anywhere between 10-500 GB in data volume. In total, about 40TB of data is currently hosted with vendors. Regarding the anticipated volume of scanning, copying, and coding, historical information indicates the FDIC has a need for these services for between 10 to 20 bankers boxes worth of documents. The FDIC anticipates that trial support (SOO section 2.7) would be required less than 3 times a year (and there was no such support purchased in 2023 under the existing BOAs).

There is no contract number or contract ceilings for the current BOAs, and there will be no contract ceiling for the BOAs awarded under this RFP. (Note: The FDIC cannot guarantee that the volume of past work in anyway indicates the volume of future work).

4 RFP Can the FDIC expand the page limit and due dates for proposals?

Yes. 1. The RFP hereby increases the page limit for technical proposals from 10 pages to 15 pages. Note however, that that page limit is inclusive (that is, includes) all pages, include the any cover page, Table of Contents, graphics, acronym list etc. Pages beyond the limit may not be considered. 2. The due date for proposals has been extended to June 3, 2023 at 3:00 p.m. ET.

5 N/A

Will it be sufficient for the FDIC to utilize an application that has been previously FedRAMP “not current” authorized to operate in a certified FedRAMP environment such as AWS Gov Cloud?

The FDIC has clarified Eligibility Criterion 1. See Amended RFP.

As stated in the RFP, the FDIC prefers a solution/tool that is FedRAMP authorized, and proposals offering a currently FedRAMP authorized solution/tool may be considered more favorably for award. If a vendor proposes a solution/tool that does not have a current FedRAMP MODERATE authorization, but performance is undertaken entirely within a FedRAMP moderate environment, that solution/tool is required to comply with and implement NIST SP 800-53 rev5 moderate controls, as validated by an independent third-party assessor (see generally, para. 9.2.1 of BOA).

Addressing this question specifically, the use of the AWS Gov Cloud – by itself – may not be sufficient if paired with a non-currently-FedRAMP solution/tool. The vendor in this case should explain, in its administrative proposal volume (1) when and why the vendor’s tool became not current; (2) whether the tool meets 800-53 rev5 requirement and has been certified by a third party assessor; and (3) provide the System Secuirty Plan (SSP) and a final Security Assessment Report (SAR) completed within the past nine months.

6 N/A

Will it be sufficient for the FDIC to utilize an application that has been previously FedRAMP “in process” authorized to operate in a certified FedRAMP environment such as AWS Gov Cloud?

Yes, an “in process” FedRAMP authorization of the solution/tool itself could be sufficient to satisfy Eligibility Criterion 1 if the tool complies with and implements NIST SP 800-53 rev5 requirement and has been certified by a third party assessor.

The vendor in this case should explain, in its administrative proposal volume (1) the application date and current status of the FedRAMP authorization; (2) the vendor’s confirmation that even if selected for award, the vendor is unlikely to receive an ATO or any task order awards until FedRAMP authorization is obtained; and (3) provide the System Secuirty Plan (SSP) and a final Security Assessment Report (SAR) completed within the past nine months.

Additionally, an in process FedRAMP status may be evaluated less favorably then a vendor with a current status.

7 RFP, Eligibility Criteria

Would we qualify to bid if our tech tool (Relativity partnership) is FedRAMP certified but we are not? We do have other security certifications, such as ISO.

a. If we require certification, can we submit while we are in process of completing our application? Or must we have the application submitted before bidding?

The FDIC has clarified Eligibility Criterion 1. See Amended RFP.

As stated in the RFP, the FDIC prefers a solution/tool that is FedRAMP authorized, and proposals offering a currently FedRAMP authorized solution/tool may be considered more favorably for award.

The vendor in this case should, in its administrative proposal volume, provide information concerning the FedRAMP status of its solution/tool, and other information about the security and certifications of its entity and/or hosting environment.

8 N/A

Are you specifically requiring a true SaaS web-based application? Are you also considering platforms that are server-based applications in a locally deployed data center?

For example: Relativity Server vs. Relativity One?

The FDIC will consider both web-based and server-based solutions. For example, and without endorsing an specific solution, both Relativity One and Relativity Server would be acceptable solutions.

9 Pricing Workbook

Hosting or storage is referenced in three areas of the pricing workbook. Specifically, under Hosting Services, EDD Services and Managed Data Hosting Tiered. Can you provide and explanation and understanding of the difference between Hosting GB in Row 18 under Hosting Services compared to Managed Data Hosting Tiered , Row 57? Based on your answer is one preferred?

The FDIC has revised the Pricing Workbook based on this question.

10 Pricing Workbook

Hosting or storage is referenced in three areas of the pricing workbook. Specifically, under Hosting Services, EDD Services and Managed Data Hosting Tiered. Can you provide a definition and your understanding of EDD Storage, Row 28? Are you considering this to be Staging Area Storage for native data to be processed?

The FDIC has revised the Pricing Workbook based on this question.

Answer 59 Updated by FDIC on 5/30/2024

11 N/A Does the FDIC require the dedicated Project Manager and Program Manager to be in Arlington VA?

No. The SOO does require a dedicated project manager and assigns certain management related responsibilities (See SOO Section 4.0). One of the purposes of a "dedicated" project manager is to provide the FDIC a single-point-of-contact/entry to the vendor. This project manager may be located anywhere within the United States and the FDIC does not require that this be a full-time role (especially considering the award of a BOA, by itself, does not guarantee a vendor will receive any Task Orders).

1. FDIC Legal Division eDiscovery RFP_Read Me First; Section 4.6.1 Technical Capability Section

The FDIC states that scope areas 2.6 - 2.9 may be performed by a subcontractor. Will FDIC also allow a subcontractor to perform SOO requirement 2.3 Paper document acquisition, preparation, and unitization?

Yes. The FDIC has amended the RFP and SOO to permit SOO Scope Section 2.3 to be subcontracted.

1. FDIC Legal Division eDiscovery RFP_Read Me First; Section 4.5 Administrative Proposal Volume

Instructions state that marketing materials shall not be included in the Administrative Proposal Volume. Can vendors include links to supplemental materials (white papers, technical documentation, etc.) in the Technical Proposal Volume?

No. The information the vendor desires to be considered should be contained within the four corners of the technical proposal. The FDIC hereby increased the page limit for the technical proposal volume to15 pages. Please note, the page limit is inclusive of all pages, including but not limited to Cover page, TOC, glossary, etc.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.3 Paper document acquisition, preparation, and unitization

Does FDIC have existing equipment to be used for paper handling services or is FDIC looking for the support of contractor equipment?

The FDIC does not anticipate providing access to FDIC equipment for paper handling services. Rather, the FDIC is looking for services using contractor (or subcontractor) equipment.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.3 Paper document acquisition, preparation, and unitization

Are paper document services expected to be performed at the contractor site or at FDIC site(s)?

At contractor site (Note: retrieval of paper documents prior processing is within scope of the to-be-awarded BOAs, but in the case of required retrieval, travel and expenses would be reimbursable and should not be built into proposed prices).

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.3 Paper document acquisition, preparation, and unitization

Does FDIC have any existing SLAs or statements of expectation for paper document service timelines? No.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.3 Paper document acquisition, preparation, and unitization

Does "preparing documents for production" include shipment and/or delivery of physical production materials to non-FDIC entities?

In some cases, yes. FDIC-directed shipping/delivery of physical materials would be a reimbursable expense under the BOA.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.3 Paper document acquisition, preparation, and unitization

Related to Scanning & OCRing, are documents typically in English language format?

Yes, and pricing should be provided under that assumption. Though there might be times when the language is not English which may require bilaterally agreed-to Task Level pricing.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.3 Paper document acquisition, preparation, and unitization

Is the contractor expected to be furnished with materials required for tasks such as creating slip sheets or other physical actions, or will contractors be required to provide these materials? If the latter, may this be included as materials in the proposal submission?

Contractors will be required to provide these materials. Yes, this may be included in the proposal submission.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.6 Managed review

For clarification of services, the section is labeled "Managed" review but speaks only of reviewer tasks. Is the FDIC looking for support with review management tasks such as personnel management and secondary review workflow management?

The FDIC anticipates outsourcing a complete task like "review these 500,000 docs for X, Y, and Z" without micromanaging the vendor's internal process. That task will, as necessary, have a workflow internal to the vendor such as initial review, privilege review, QC, etc.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.6 Managed review

Are there any foreign language components that FDIC expects to be part of review needs?

Yes, but this is not common and would necessitate Task Level pricing (bilaterally agreed-to and not contemplated in the BOA-level price ceilings).

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.6 Managed review

Do FDIC review document populations include, with any regularity, documents outside the formats of standard Microsoft Documents and Email files?

Yes, for instance, text messages and MS Teams chats.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.6 Managed review

Does FDIC review involve any media types such as video or audio files? If yes, do these files ever require redaction? Yes, and yes.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.6 Managed review

Is mobile data and/or social media data ever included in FDIC document review processes? Yes.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.7 [Optional Scope] Pre-trial and trail support, including courtroom services

The SOO lists "remote depositions." Does this requirement include stenography services or is it limited to the preparation of materials and management of technology as outlined for Pre-Trial and Trial Support?

To the extent "stenography" refers to court reporting services, this BOA will not include court reporting services.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.7 [Optional Scope] Pre-trial and trail support, including courtroom services

If on-site pre-trial and trial support services are required, can the FDIC provide information about the possible venue locations for such on-site locations?

Not at this time. Hearings and trials may occur in various locations across the country and the FDIC - with its receivership responsibilities and independent litigation authority - may appear in courts throughout the United States.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.8 Forensic services

Does the FDIC have existing forensic tools used for forensic collections? If so, can the FDIC provide a list of those tools so that we can provide substantive qualifications for using these tools?

While the FDIC does have existing forensic tools, the vendor will need to use their own for outsourced matters.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.8 Forensic services

Are there any specific forensic tools the FDIC expects, or requires contractor to have contractor direct access to for these services?

No.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.8 Forensic services

The SOO references on-site location forensic services outside of the US. Can the FDIC provide information about how often and/or where collections are taking place (or expected to take place) outside of the US?

No. (While these services are within scope and may be solicited under a request for task order proposal, advanced pricing is not required for any OCONUS work).

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.8 Forensic services

Does the FDIC have a secure forensics lab location on-site that the contractor can or would be expected to use? If not, can FDIC please confirm any requirements for contractor site forensic lab(s)?

No, the FDIC does not have a secure forensics lab that the vendor will be expected to use. The FDIC is using performance-based-contracting and is not dictating what setup or tools the contractor must possess.

3. Attachment A_Statement of Objectives; 2.0 In-Scope Services; 2.8 Forensic services

Are forensic services under this contract limited to FDIC personnel and sites or are services expected to include custodians outside the FDIC organization?

Outside the FDIC organization.

32 Attachment B - Pricing Workbook

A number of items in “Attachment B - Pricing Workbook” can vary by technology type. For instance, if our solution uses lower-cost S3 storage and does not utilize tape, we assume it is acceptable to simply respond with “Not Applicable”?

Yes, N/A would be appropriate in that case. If Vendor includes any N/A entry, they should also include an explanatory comment with that Cell.

33 Attachment B - Pricing Workbook

A number of the separately-priced options are done automatically in our solution, we assume it is acceptable to say these items (e.g. “Hosting Analytics” or “Ingest Culling” can be shown as not separately priced if we described where in our solution or process this is performed?

Yes, Not Separately Priced (NSP) could be appropriate entry. Please include an explanatory comment in any cell with an NSP entry.

Attachment 1 - Basic Ordering Agreement; Page 5, 9.0 SECURITY

OF INFORMATION TECHNOLOGY

SYSTEMS AND FDIC INFORMATION

The FDIC outlines many of the requirements contained in the FedRAMP program (i.e. System Security Documentation, Independent Assessment, Continuous Monitoring, etc.) The offeror assumes that, where the requirement is a duplicate of the FedRAMP program, the documentation, reporting and regular exercises required by, reported to FedRAMP and available to the FDIC through that program, are acceptable?

The FDIC recognizes the burden and costs associated with agency specific ATO processes.

The FDIC anticipates using existing security related documents to the extent possible, but the FDIC may still request documents and controls, even if otherwise available through the FedRAMP program.

35 Attachment F (Link Only) Could you share Attachment F? The FDIC Representations and Certifications for Experts and Legal Support Services Providers link does not work.

Yes. The form has been posted to SAM.gov with these RFP answers.

36 BOA

Regarding the contract that bidders must accept without negotiation, is there any wiggle room on that? There are some terms that would run afoul of our insurance policies or covenants were we to accept, such as no cap on data breach and no general liability cap.

The FDIC anticipates awarding the BOA in its as-drafted form, subject to any changes noted in these Questions and Answers.

37 N/A What email system does FDIC currently utilize for the emails to recover and preserve?

The FDIC uses Microsoft Outlook, but the vendor would be expected to be primarily recovering and preserving third party emails, and not the FDIC's. Such third-parties may use any of the various commercially available email platforms.

38 N/A What are the most common operating systems, including phones, iPads, and computers involved? Microsoft Windows, macOS, iOS (for Apple devices), and Android (for mobile devices)

39 N/A What is the anticipated turnaround time frame for contacting and analyzing the required data? This varies based on case.

40 N/A Is the bid on the contract inclusive of all aspects within the scope, or can we bid only on selected items without performing every category?

No, this is a not an "a la carte" opportunity. Vendors are required to propose on all non- Optional Scope sections to be considered for award.

41 N/A Is there a minimum dollar amount for this BOA? No, the awarded BOAs will not have a minimum guaranteed amount of work, nor a maximum contract ceiling.

42 N/A What is the anticipated number of awards for this BOA based on FDIC historical amount?

As noted on page 1 of the RFP, FDIC anticipates making 3 BOA awards, though may make more or fewer than three. The FDIC does not know, and cannot predict, the number of Task Order awards that will occur over the next 5 years.

43 N/A Is this BOA multi-agency? No, this BOA will be an FDIC Legal Services Support Agreement. That said, the FDIC reserves the right to provide eDiscovery support other external entities using the BOAs.

44 N/A Is the FDIC looking for more than one type of eDiscovery platform i.e.: Relativity, iCONECT, Exterro, etc.

A single vendor is only required to propose a single platform/tool, and the FDIC does not have a preference for one tool over another. If a single vendor has and proposes multiple tools, that is also acceptable.

45 N/A Will the FDIC sponsor a contractor for the FedRAMP assessment process? No.

46 N/A Will the contractor be deploying in an FDIC environment? No

47 N/A Will the FDIC be performing the NIST SP 800-37 Risk Management Framework for Information Systems and Organizations assessment for the ATO?

If the vendor has proposed a FedRAMP authorized solution/tool, the FDIC will complete the customer responsibilities outlined in NIST 800-37; the vendor will cooperate and assist with the FDIC’s performance of these responsibilities.

If the vendor has not proposed FedRAMP authorized solution/tool, the vendor is responsible for all activities and costs associated implementation and assessments required by 800-37.

48 N/A Within Pricing Worksheet, can we assume that “Media- Hard Drives- refer to portable external Media? Otherwise please explain.

Yes.

49 N/A Translation Services item line referred only English – Spanish. Is this pair being used only for ROM determination?

No, the FDIC is seeking to obtain binding prices for English to Spanish transaction as Spanish is a common language required for FDIC matters and the service as stable prices in the commercial marketplace. Other languages are considered within scope of the awarded BOAs, and may be negotiated as the need arises.

50 N/A Does FDIC require translators to hold certification specific to the financial industry? No.

Management Plan, RFP, Section 4.6 Technical Proposal Volume and Section 5.3 Technical Factor Evaluation

The solicitation does not appear to contain a requirement for a Management Plan describing our staffing and management structure to provide the services required. Please confirm that a Management Plan is not required as part of the Proposal submission and is not being evaluated as a Technical Factor Evaluation Subfactor. If a Management Plan is required and will be evaluated, would FDIC allow for additional page(s) in the Technical Volume?

No, vendors are not required to submit a management plan or associated evaluation criteria.

Note: (1) vendors will still be responsible for managing successful contract performance, and

(2) the SOO does require a dedicated project manager and assigns certain management related responsibilities (See SOO Section 4.0). One of the purposes of a "dedicated" project manager is to provide the FDIC a single-point-of-contact/entry to the vendor.

52 Subcontractors, RFP, Section 4.6.1 Technical Capability Section

As there is no indication of scale at this time and FDIC anticipates awarding work under task orders, the need for the use of subcontractors is uncertain. Is it acceptable that the bidder proposes rates now and if the use of subcontractors is needed for a specific task order, the bidder can inform and seek consent of FDIC for the specific subcontractor company at that time?

The FDIC's expectation is that if a vendor proposes to use subcontractors for certain tasks, that the vendor proposes contractually binding prices for that to-be-subcontracted work. The FDIC understands that vendors must propose ceiling prices that reflect uncertainty in the amount of work to be awarded/performed at the Task Order level.

53 Pricing, RFP, Section 4.7 Price Proposal Volume and BOA Section 4.1

Please confirm that FDIC anticipates pricing responses to only have a single rate per item that will be considered set as a ceiling for the duration of the BOA.

Yes, that understanding is correct. Vendors will be able to propose lower prices at the task order level, but the awarded prices do represent ceiling prices.

Pricing, RFP Section 4.7 Price Proposal Volume and BOA, Section 4.1

BOA Section 4.1 requires the contractor to submit revised pricing each year during the duration of the BOA. Further, RFP Section 4.7 states that the pricing is for the duration of the BOA. Is it FDIC's intent that the offeror submit a set of rates to initially apply to all years during the duration of the BOA and, that once awarded, the contractor submit its revised pricing each year?

The FDIC has removed the requirement to submit revised pricing each year of the BOA. The awarded pricing will represent ceiling prices for the BOA and vendors will be permitted (but not required) to propose reduced/further competitive pricing at the Task Order level.

Pricing - Managed Data Hosting;

Attachment B, Pricing Workbook - Hosting Services and Managed Data Hosting

In the Pricing Workbook, under "Hosting Services" FDIC requests a rate for an item "Hosting - GB" that is described as "Storage/Hosting." Also, in the Pricing Workbook under "Managed Data Hosting - Tiered" FDIC seeks tiered "Managed web/cloud hosting." Would FDIC please clarify the intended difference in the hosted item categories?

The FDIC has updated the Pricing Workbook in response to this question.

Pricing - Managed Data Hosting;

Attachment B, Pricing Workbook - Hosting Services and Managed Data Hosting

In the Pricing Workbook, under "Hosting Services" the unit is in GBs, but under "Managed Data Hosting" the tiered unit is in TBs (e.g. 0-200TB). Please confirm that the rate for hosting should be in GBs.

Correct, the tiered unit should be GBs. The FDIC has updated the Pricing Workbook accordingly.

57 Attachment B - Pricing Workbook, Managed Data Hosting

The Pricing Workbook, under “Hosting Services” specifies a line item called “Hosting – GB”. Additionally, under “Managed Data Hosting - Tiered” there are a number of line items identifying various hosting volume tiers. Further, under "Hosting Services there is a line item called "Hosting -UAF", explained as User Access Fees. Additionally, under "Managed Data Hosting - Tiered" there is a line item called "User Licenses". Would FDIC clarify the difference between the hosting and user line item(s) under “Hosting services” and “Managed Data Hosting - Tiered”?

The FDIC has updated the Pricing Workbook in response to this question.

EDD Services; SOO Section 2.4;

Attachment B - Pricing Workbook - EDD Services

As listed in the Pricing Workbook, would you please describe FDIC’s intent for "EDD-Export" compared to "EDD-Native Delivery"?

The FDIC has updated the Pricing Workbook in response to this question.

Scope - Managed Legal Review; SOO Section 2.6; Attachment B, Pricing Workbook - Managed Legal Review

Please confirm that all work will be under the direction of FDIC counsel and contractor personnel will not be engaged in the practice of law.

REVISED 30 May 2024: Regarding managed review, the vast majority of these tasks will not involve the practice of law. To the extent that any managed review task order might involve activities that may constitute practice of law in certain jurisdictions (which the FDIC assesses to be unlikely), those tasks will be under the supervision of FDIC counsel or counsel hired by the FDIC.

Paragraph 2.6 of the SOO will be harmonized at the time of award with this Q&A response to the extent of any inconsistency.

Labor Categories/Pricing; SOO Section 2.6; Attachment B, Pricing Workbook - Managed Legal Review

(1) As it doesn’t appear that FDIC is requiring the practice of law as part of this BOA, would FDIC be willing to change the labor categories under Managed Legal Review of "Licensed attorney reviewer" and "Senior Attorney" to Law Clerk positions, as is consistent with other government agency labor categories for similar work? (2) As no labor category definitions were provided, please confirm that a legal degree meets the requirements for the positions under Managed Legal Review, including Licensed attorney reviewer, Senior Attorney and Team Lead?

All categories of managed legal review must be performed by a licensed attorney, in the United States, who is a member in good standing of the bar of a state, territory, the District of Columbia, or the Commonwealth of Puerto Rico.

61 Labor Categories/Pricing; Attachment B - Pricing Workbook

The Pricing Workbook requests rates for a number of labor categories. To enable the contractor to offer the most competitive hourly rates, would FDIC provide qualifications (i.e., education and/or experience requirements) for each of these labor categories?

The FDIC is not dictating qualifications for labor categories. The vendor may list its proposed qualifications in the explanatory note section.

62 Work Location; BOA, Section 3.2 and Attachment B - Pricing Workbook

Would FDIC confirm if work should be assumed to be at a contractor facility or virtual, or a government facility? If locations are mixed, would FDIC confirm which tasks are expected to be at a government facility?

The default is that the vast majority of work will be performed at Contractor facilities or remotely, and work should be priced under that assumption. For the occasional Task Order that may require travel, travel and related expenses (such as shipping paper documents) are reimbursable as set forth in BOA section 4.3.

SOO, Section 2.6, Attachment B, Pricing Workbook - Managed Legal Review

Would FDIC consider making Section 2.6 Managed Review optional?

No. The FDIC notes managed review is a SOO area where subcontracting is permissible and where market rates are stable and well-established. Separate from the BOAs being competed, the FDIC Legal Division has an existing agreement for managed review services with HaystackID. (The FDIC has no preference for any specific managed review vendor but provides additional information only to facilitate potential teaming.)

64 Work Location; Attachment B Pricing Workbook, Managed Legal Review

Are certain work locations required for document review to be performed, specifically in New York? Are the locations in New York State or the New York City metro area (multiple states)? If yes, is the work expected to be at a government site or can the document review work can be performed virtually?

All managed review tasks in the Pricing Workbook except "Licensed attorney reviewer - New York" are for work performed at a contractor facility or remotely within the United States and should be priced as such. The "Licensed attorney reviewer - New York" should be priced for on-site managed review at a FDIC-directed location in New York, New York (without reimbursable travel). The FDIC has updated the name of this task and also made it optional (meaning vendors must proposed for all the other managed review services, but are not required to propose for on-site managed review in NYC). Note: The scope of the BOA includes on-site managed review within the United States that may involve reimbursable travel, but again, vendors are also not required to propose on every Task Order.

65 Attachment B - Pricing Workbook, TAR Consultant/Expert Witness

Would FDIC provide additional information on what work they anticipate the TAR Consultant/Expert Witness will perform, or what that work has entailed in the past? For example, would this work include factual or expert testimony about the TAR process or how TAR was utilized on a specific case?

This work may include factual or expert testimony about the TAR process, how TAR was utilized on a specific case, and also explaining to attorneys (FDIC or FDIC-hired Outside Counsel) how best to leverage TAR to achieve efficiencies.

66 Attachment B - Pricing Workbook, TAR Consultant/Expert Witness

Would FDIC consider splitting TAR Consultant/Expert Witness into two separate Labor Categories, in order to provide different rates for different types of tasks? For example, time spent consulting on utilizing TAR on a case

vs. preparing expert testimony regarding TAR.

No. (Remember that vendors are permitted to propose lower rates at the Task Order level, and therefore, could propose a lower rate on Task Order that required mere consulting).

67 Attachment B - Pricing Workbook, Expert Witness - Project Management

Would FDIC provide additional information on what work they anticipate the Expert Witness - Project Management will perform, or what that work has entailed in the past? For example, would this work include factual or expert testimony about eDiscovery Project Management processes or about the eDiscovery process on a specific case?

Historically, this has included providing factual and expert testimony about the eDiscovery project management processes generally, or the eDiscovery process used a specific case.

68 FDIC Legal Support Services Deskbook, Section 6.6

Per the FDIC Legal Support Services Deskbook, all hourly billing increments must be in increments of a tenth of an hour basis. Would FDIC consider allowing invoicing based on the 1/4 hour increment?

Probably not. The FDIC is willing to explore this issue with the vendor(s) selected for award, but the Legal Division's current understanding is that FDIC vendor management and payment systems do not have the "hundredths place" necessary for time entry such as 0.25 hr. Vendors should develop their proposal with the understanding billing must be in 0.1 increments.

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69 BOA, Section 4.2; FDIC Legal Support Services Deskbook, Section 6.6

Invoicing requirements require specification of legal issue, document, purpose of call/email/meeting, etc. or service that they support. Would FDIC allow for rolled up monthly summarized information?

The FDIC cannot prospectively waive any invoicing related requirements of the FDIC’s Legal Support Services Deskbook. That said, the FDIC acknowledges that the invoice specificity requirements contained in Chapter 6 of the Deskbook may not be appropriate for many eDiscovery related tasks (data hosting for example). Vendors should anticipate task order specific invoicing instructions tailored to the nature of a specific matter.

70 Task Orders Due to the optional categories of services, would you confirm that contractors are not required to bid on all task orders? That is correct. The successful vendors are not required to bid on all Task Orders.

71 BOA, Section 17.4, General Provisions and Certifications, ref. 7.5.2-15

The FDIC Acquisition Procedures & Guidance Manual, dated November 2023, lists clause 7.5.2-15 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (October 2021) as reserved, would FDIC please provide the clause or remove from the BOA requirements?

That clause will be deleted and not included in any BOA awarded under this RFP.

72 BOA, Section 17.4 General Provisions and Certifications

Would FDIC please confirm if fill-in clauses 7.3.2-46 Integrity and Fitness Representations and Certifications (April 2022), 7.3.2-52 Equal Opportunity Certification (July 2023), and 7.3.2-67 Representation by Corporations Regarding an Unpaid Delinquent Federal Tax Liability (April 2016) referenced in the BOA are required to be included in the proposal submission? If so, can FDIC provide a new attachment with the clauses in a fillable format?

Clause 7.3.2-46 (Integrity and Fitness Representations and Certifications), 7.3.2-52 (Equal Opportunity Certification), and 7.3.2-67 Representation by Corporations Regarding an Unpaid Delinquent Federal Tax Liability are deleted from the BOA. The information in those clauses is generally duplicative of BOA Attachment E (FDIC Contractor Representations and Certifications) and BOA Attachment F (FDIC Representations and Certifications for Experts and Legal Support Services Providers). BOA Attachment E and F must be completed and submitted with the Offeror’s administrative proposal volume. They are available online in fillable format. The FDIC may communicate with Offerors directly about these documents (separate from the source selection process) as part of checking vendor responsibility.

73 RFP, Corporate Experience

Despite being a newly established firm and SAM.gov registrant without direct "Corporate" experience, we are confident in our ability to deliver exceptional results for the FDIC. This is because our company was founded by an eDiscovery subject matter expert with over XX years of directly relevant commercial e-Discovery and data analytics expertise that we aim to leverage. Therefore, our question is:

Will the government view the relevant experience of our managing partner (e.g., Founder) as acceptable when evaluating the Corporate Experience Subfactor of this RFQ?

No. Nevertheless, offerors shouldn't hesitate to highlight experience of their personnel. That said, the FDIC is ultimately hiring a vendor (i.e., a company) and must ensure that vendor (rather than any individual) is capable to perform.

74 N/A How many users will need software licenses?

The FDIC may require access to the vendor’s platform for up to 100 individuals during any given 90 day period, but vendors should price access on a per-individual basis for a one-year period of access. Individuals requiring access may consist of FDIC employees, or other individuals authorized by the FDIC (for example, outside counsel representing the FDIC or managed reviewers from other companies). If the FDIC hires the same vendor that is hosting the data to also conduct a managed review task, the FDIC will not pay that vendor for its own managed reviewers to access the vendor’s own system (even if the hosting vendor subcontracts the managed review).

75 Attachment B Pricing Workbook, Tape Services

Would FDIC provide any additional information on tape services that FDIC expects to utilize this BOA for, including average or expected quantities?

The FDIC will provide this information on a per task basis; we have needed less than three in the past year.

76 Attachment B - Pricing Workbook, Media - Hard Drives

Please clarify the intent for pricing of the media hard drive items and what FDIC seeks from the unit based pricing. Is the unit price intended to cover the anticipated cost of the device and administrative costs for the acquisition, or is more included in the unit?

That fixed-unit-price entry on the Price Workbook includes (1) the cost of the hard drive, (2) any administrative costs of acquisition and storage/safekeeping, and (3) the cost to return the hard drive (by mail, courier, or hand delivery) to the FDIC's Arlington Virginia office at the end of the project it is used for. Additional specifics about the required type of drives has been included in the Workbook to assist with vendor pricing.

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