FTC-18-Q-0004_Redress_Attachment_5,_Q_and_A.pdf

The FTC is releasing this Attachment, Attachment 5 to Sol. FTC-18-Q-0004 to distribute questions and answers that were processed under the previous solution. They are provided for clarity.

Question 1: Regarding FTC-18-Q-0004 - Redress solicitation, I was wondering if you would be willing to provide me with the following information:

• Does the Contracting Office anticipate a range for funding this opportunity?

• I noticed that the anticipated contract type is a BPA. Does the office anticipate adding time and materials?

• Does the office have an anticipated award date? I noticed that the contract will start August

2018.

Response 1:

• Per the solicitation page 24, section 2.4 “Each contractor will receive a minimum of one work assignment per year. There is no maximum on the number of work assignments that may be issued.” Additionally per page 57, FAR 52.216-22 Indefinite Quantity (OCT 1995) “…The contractor shall furnish to the government…supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The government shall order at least the quantity of supplies or services designated in the Schedule as the minimum….Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.” More information about expected work can be found in the solicitation under “1.2.3 Historical Data.”

• FTC, Office of Acquisitions does not anticipate awarding the BPA or any calls against it, as a Time And Materials (T&M)

• No anticipated award date is available at this time. Interested offerors shall monitor FedBizOpps (https://www.fbo.gov/) regularly.

Question 2 : In 1.4.1 Section E, Depository Bonding, can you clarify the following statement: “FDIC coverage shall be based upon ownership interest for each beneficiary for up to $250,000”? Does this indicate FDIC coverage for each claimant in the settlement?

Response 2: Yes, FDIC coverage for each claimant.

Question 3: We typically image all documents and destroy the hard copies within 90 days. This appears to fit within the definition for record retention in 1.4.8 C, however there is not a requirement for hard copy retention specifically noted. Please confirm whether the record stated retention requirement of 6 years is for electronic format only, or if there is a requirement for retention of hard copy records as well.

Response 3: As long as there is an electronic version of the record, the FTC does not require hard copy retention.

Note: questions 4-16 are on Attachment 2 – Pricing Schedule:

Question 4: For 0002D (Help Services Website Creation and Development (per matter)): is this for static websites only? RFP section 7.7.1.vii asks for information regarding “Web-based or other electronic systems for claims submission”; if there will be matters involving online claims filing, could a separate task be added for development of a dynamic website with online claim filing?

Response 4: No. The bid for 0002D is for a website that allows for electronic claims submission. The FTC is asking for interactive websites ONLY. The FTC does not need vendors to build static websites.

Question 5: For task 0003B (electronic conversion of potential claimant data): should we consider this to be defined as the receipt of one file? If there are additional records, replacement files, or changes to the source data, should there be another task item for this work?

Response 5: Task 0003B is based on the number of records in the data, regardless of how many files are sent or received. For example, if the FTC sends three separate files with consumer data, each with 20,000 records, then the FTC would expect to be invoiced for 60,000 quantities of 0003B. If the FTC later sends additional files (for additional records, replacements, or changes to source data), then we will authorize additional quantities for 0003B based on the total number of records in the files.

Question 6: For task 0003C (prepare and mail notification letters, claim forms, etc. (excluding postage)):

we generally charge a minimum setup fee to cover the file and quality control preparation. Can the Commission consider adding a Printing Setup Fee (per mailing) to cover the setup costs for small quantities?

Response 6: No. The vendor must include all setup costs in the per quantity price. That is why the pricing schedule allows vendors to provide tiered pricing for higher quantities.

Question 7: Is there a standard mailing packet size we should assume for pricing in 0003C (prepare and mail notification letters, claim forms, etc. (excluding postage costs))? If there are additional pages beyond the standard mailing packet, how should those be priced?

Response 7: The vendor should assume a standard envelope and letter size, and a package that weighs less than one ounce. If authorized, additional expense for including documents exceeding one ounce may be charged to the FTC on a per case basis.

Question 8: For task 0003F, (Deceased persons address search): this is generally a two-step process.

First, identifying whether someone is deceased; second, identifying next of kin, which may include several names. Is this the two-step process we should include in the pricing schedule?

Response 8: Yes. The vendor should provide one price that includes both identifying deceased persons and their next of kin (when available).

Question 9: For 0003H (mail undeliverable mail for which a change of address was found by the US Postal Service): we typically use the National Change of Address process to update addresses prior to mailing, and then trace records that are returned as undeliverable. Could the Commission consider adding a task item for Standard Address Location (per record) for standard trace?

Response 9: The National Change of Address process is required for all mailings, and should be included in data conversion (0003A and 0003B). For standard address traces for undeliverable mail, the vendor should use 0003E. Once the vendor has an updated address, the vendor should use 0003H for the cost of printing and mailing the letter to the updated address.

Question 10: Would claim form defect review fall under 0003I (Analyze paper claim forms), or should there be another task for this work?

Response 10: Yes, 003I includes all aspects of analyzing and validating paper claim forms.

Question 11: For the claim form, we are pricing based on the work to open, date stamp, label, and data capture a 1-page claim form with up to five fields. Is this appropriate for the task?

Response 11: There may be more than one page, and there may be more than five fields. The FTC estimates the average number of fields is 10 (including some fields that may be optional). Our claim forms generally are limited to 2 pages max. Please price accordingly.

Questions 12: We generally charge a minimum check reissue fee for the steps involved in printing and quality control. Can the Commission consider adding a Check Reissue Run task (per mailing), or should we build this cost into another task item? If there is not the ability to add this task, how many check reissues should we consider for each job?

Response 12: Per page 13, “Distributions of uncashed checks and/or returned checks may be requested by the COR. Subsequent distributions shall follow the pricing schedule set forth in the original distribution.” That means, check reissues use the same per quantity pricing as initial distributions. The cost of quality control and setup must be included in the per quantity price. The FTC does not dictate how often a vendor must mail check reissues. For example, many vendors choose to reissue checks monthly in active cases. The FTC will not pay a separate setup fee for each reissue mailing.

Questions 13: Could a task be added for Standard Data Review and List Preparation (per job), in order to provide for data review and minimum manipulation such as de-duplication, rolling-up of multiple data into a single payment, and some manual review?

Response 13: Data manipulation should be included in the per quantity pricing for 0003A and 0003B (data conversion). The FTC expects all cases will require some minor manipulation such as de-deduplication, rolling up, etc.

Question 14: Could a task be added for Advanced Data Analytics (per job), for advanced data manipulation, parsing, scripting and coding?

Response 14: Data manipulation should be included in the per quantity pricing for 0003A and 0003B (data conversion). The FTC expects all cases will require some minor manipulation such as de-deduplication, rolling up, etc. The FTC does not dictate the process for data manipulation.

Question 15: Could a task be added for Electronic or Paper Correspondence, to cover consumer communication via email or paper mail?

Response 15: 0003C includes preparing and mailing “paper correspondence,” and 0003D includes preparing and sending “email” correspondence.

Question 16: Could a task be added for Development of Standard Communications Materials for notice, claim form or deficiency letter drafting?

Response 16: No. Please include costs for developing letters/paper claim forms in the per quantity pricing. 0003C is for preparing and mailing “paper correspondence,” and 0003D is for preparing and mailing “email” correspondence. 0002D is for developing an online claims website.

Question 17: 1.5.3 - Paragraph #1 states that following award, contractor must satisfy in a timely manner all information security procedures and requirements; however, Section 7.7.1 suggests that a System Security Plan (SSP) should be included with vendor submission. As a SSP is, a FISMA related document that demonstrates adherence to information security procedures, will vendors be disqualified for not submitting a SSP or will vendors be permitted to submit their SSP 30 days after award per paragraph #4 of 1.5.3? Secondly, if it is permissible to submit an SSP 30 days after award, then is FISMA Certification and Accreditation needed prior to selection for contract award? Thirdly, is alternative documentation to an SSP acceptable in place of an SSP?

Response 17: Section 7.7.1 instructs vendors to provide “Evidence showing compliance with Information Security and Privacy Requirements (i.e., System Security Plan)” and “Current NIST/FISMA accreditation and certifications, include date and accrediting government agency or agencies, if any.” The FTC specifically did not prescribe any required documentation, but a vendor’s technical proposal must include evidence of compliance with information security and privacy requirements. An SSP is one acceptable example of such evidence. In addition, on page 21, the solicitation states, “Within thirty calendar days of award, the contractor must obtain an Authorization to Use (ATU) acceptable to the FTC.” That does not mean the vendor has 30 days to submit documentation. The vendor should be prepared to submit documentation related to information security immediately upon award.

Question 18: 7.7.2 – Is it possible to elaborate on the request for offerors to include, “Approach for ensuring quality, availability, and management of personnel and resources.” We would find it helpful to better understand this request.

Response 18: The FTC provides clear expectations in the PWS and QASP for performance. Offerors should address how their management approach will help them meet or exceed these expectations.

Question 19: An additional Question concerns the Quality Control Plan. Are the offerors expected to submit a Quality Control Plan along with their submission?

Response 19: The offerors are not expected to submit a Quality Control Plan with their submission.

Question 20: The PDF version of “Attachment 2 – Pricing Schedule” has text cut off in some of the rows.

Is there a version that is formatted to display all of the text?

Response 20: As a result of question 20, the government is attaching the price proposal template in Microsoft Excel (still numbered Attachment 2). Offerors are to use Excel template attached here. This Excel version supersedes the PDF version that was posted with the original solicitation. Failure to provide the price proposal in the same template attached here or to amend the CLIN structure in anyway could affect how the price proposal will be considered (a price proposal in any format other than the Excel version attached here would be construed as being non-compliant with the instructions in the solicitation).

Question 21: On “Attachment 2 – Pricing Schedule,” Line Item 0004D Domestic Postage and 0004E Foreign Postage require pricing based on “JOB.” The Performance Work Statement at 1.4.4.B. states, “…and charge the FTC no more than the U.S. Postal Service “one ounce” rate charged for first class mail.” Since postage costs are incurred per piece and by weight, what quantity should be used to price postage on a per JOB basis?

Response 21: We have removed line items 0004D and 004E from the pricing schedule.

Question 22: Will postage cost be included in the Evaluation criteria for Factor 3 – Price (including all options)?

Response 22: No. Postage should be per USPS standard rates. We have removed line items 0004D and 0004E from the pricing schedule.

Question 23: There are various specialized address options listed in Line Item 0003E (Lexis/Nexis, Credit Agency, Internet, etc.). The different address search techniques have variable costs, levels of effort, and typical success rates. Is there a preferred methodology that should be included to normalize costs across Offerors?

Response 23: Offerors should use their best available service based on their experience, and they can explain their approach in their technical proposal. The pricing schedule offers a standard search (0003E) and an advanced (i.e., CLEAR) search (0003G).

Question 24: Do the page count limitations in 7.7.1 and 7.7.2 include:

- The cover page?

- Table of Contents?

- Cross-reference between proposal and contract requirements?

Response 24: Offerors may exclude these pages (cover page, table of contents, and cross references) from their page count.

Question 25: Is the agency willing to extend the Response Date deadline to allow Offerors time to complete the Excel version of the Pricing Schedule, which was not available at the time the solicitation was posted?

Response 25: Please see question and response #20.

Question 26: Which data security certifications, if any, are required at the time of offeror’s submission?

Response 26: Offerors are not required to submit any data security certifications with their submission.

If they choose to do so, offerors may include information about technical and data security certifications in their technical proposal.

Question 27: 7.7.2 – Management Section: Is it possible for additional detailed guidance to be provided on what minimally should be addressed in this Section? An example similar to the example given in

7.7.1 “i.e. System Security Plan” would also be helpful.

Response 27: The FTC provides clear expectations in the PWS and QASP for performance. Offerors should address how their management approach will help them meet or exceed these expectations.

Question 28: 7.1 (i) Please confirm that SAM registration is not required for the offeror’s submission, but only if awarded a contract.

Response 28: Per FAR 4.1102 and 11.03 which require that a contractor be registered in SAM.gov before making contract award, not at the time of proposal.

Question 29: Pricing

00003g – Please define Specialized CLEAR Address Search 0005H – Please define what is meant by Direct Costs for Marketing and Outreach. Without additional information on this CLIN it is impossible to provide an accurate cost.

Response 29: CLEAR address search is a specific service. If offerors are not familiar with this service, they can research it. We will remove 0005H from the pricing schedule.

Question 30: Is the expectation that each offeror will send the Past Performance Form to a client for completion and submit a 1-page synopsis of each work assignment for which a Past Performance Form is being completed?

Response 30: Yes.

Question 31: Under section 1.4.1.D.2, RFP p. 8, the contractor shall ensure that the insurer is committed to provide 60 calendar days advance notice of policy, modification and/or cancellation. The contractor shall inform the CO and COR within ten business days if ever an occurrence arises in which the contractor’s existing bonding and insurance policy is insufficient to cover the Work Assignment(s) assigned. The policies, at a minimum, shall meet all government requirements listed herein; and-

• It is customary for 30 days. Can this be changed to 30 days? Also, the insurer does reserve the right to cancel the policy within 10 days within written notice.

Response 31: Offerors can include this information in their technical proposals.

Question 32: Under section 1.4.1.D.3, RFP p. 8, The surety on the bond must represent and warrant that it holds a Federal Certificate of Authority as Acceptable Surety On Federal Bond and Reinsuring under, and is in full compliance with, 31 U.S.C. §§ 9304 and 9308 and Treasury Department Circular 570. The insurance policy and bond shall apply to the contractor, its agents, and all employees performing services related to this. contract. The insurance policy and bond shall cover errors and omissions, employee dishonesty and any action or failure to act on the part of the contractor, its agents or employees relating to the redress bank account(s) including but not limited to failure to properly account for the redress funds, check fraud, failure to properly process claims, or any other action affecting the distribution of the redress fund, regardless of whether the action or inaction is the result of negligence or not.-

• The redlined information is expressly excluded from our policy. However, the Disclosure - Employee Dishonesty under the Crime policy is sufficient, in lieu of bond is customarily accepted by Federal agencies. Please let us know if you would like any additional information on this.

Response 32: Offerors can include this information in their technical proposals.

Question 33: Can the Commission provide a copy of the price proposal template in the native Excel format, to facilitate the entry of our information, as opposed to the PDF version included in the solicitation?

Response 33: Please see question and response #20.

Question 34: The only version of “Attachment 2 – Pricing Schedule” posted is in PDF format. The Quotation Preparation Instructions at 7.8 note, “The Offerors shall complete the attached pricing template, …, using the attached Excel Pricing Schedule.” Will the Pricing Schedule be made available to complete and submit in Excel format?

Response 34: Please see question and response #20.

Question 35: Is it possible to get a copy of “Attachment_2_-_Pricing_Schedule.pdf” as an Excel file?

Response 35: Please see question and response #20.

Question 36:

The Solicitation states that: The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal.

Out of an abundance of caution (and to avoid misinterpreting the formatting) – are paragraph(s) b the section that begins at the bottom of page 36 of the pdf and the top of page 37 (ending at “c)?:

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

Response 36: Yes, you are correct, paragraph (b) of Part 4.5, Section 52.212-3, is the section beginning at the bottom of page 36 and ending at the top of page 37. If the offeror has already completed the annual representation and certification electronically via the SAM website then they will only need to complete part (b) (they will not need to complete parts (c) – (u)). If the offeror has not completed the annual representations and certifications electronically, then Offeror shall complete only paragraphs (c) through (u) (they will not need to complete part (b)).

Question 37: Regarding 7.7.2 and 7.9: What is being evaluated? The approach for ensuring the quality of the redress administration process - or- the approach for ensuring the quality of personnel and resources Similarly .. The approach for managing the redress administration process - or- the approach for the management of personnel and resource.

Response 37:

The offeror should submit a management approach which reflects best how they overall plan to manage the redress administration process, this includes (but is not necessarily limited to) showing how they will approach personnel and resources.

Question 38:

Regarding 7.7.1.i, is a System Security Plan showing compliance with NIST800-53r4 sufficient (since NIST 800-171r1 is a subset)? Do you require a cross-walk between 800-53r4 and 800-171r1 since they are organized differently?

Response 38: A System Security Plan showing compliance w/ NIST800-53r4 is sufficient.