LegalReferenceLibrary_FTC_ResponseToQuestions_2022-06-29.pdf

Legal Refence Library

FTC Response to Questions from Potential Offerors (6-29-2022)

# Ref. Question FTC Response 1 N/A Are there any incumbents for this requirement?

What are the contract details?

The requirements detailed in this solicitation are currently provided to the FTC under two different contracts, 29FTC117G0001 and 29FTC117G0003.

This requirement, as was the case in the previous solicitation, allows for multiple awards. How the requirement was split in the past, and how it may be split as a result of this solicitation may change.

Please note that requirements of the existing contracts and those of this solicitation have slightly changed.

2 N/A Are offerors required to provide resumes for key personnel?

There are no key personnel associated with this solicitation, therefore resumes are not required.

3 RFQ 4.2 Will the FTC consider extending the submission due date?

Will the FTC consider moving the due date for the demonstration slide deck to after the submission due date (i.e., one week after the RFQ submission due date)?

Will the FTC consider moving live demonstrations to the week of August 1?

No, due to a variety of factors the FTC is unable to move the submission due dates or the dates for live demonstrations.

4 RFQ 4.3 Will the FTC consider increasing the page count of Volume One from 30 to 75?

Will the FTC consider increase the page count of Volume Two from 10 to 20?

Will the FTC consider increasing the page count of the slide deck from 25 to 50?

FTC will increase the page counts as follows:

Volume One – not to exceed 50 pages Volume Two – not to exceed 20 pages Slide Deck – not to exceed 40 pages

5 RFQ 4.3 Will the FTC allow for smaller than 12-point font for tables, charts, footnotes, exhibits, graphs, etcetera?

Can the margins be used for page element information such as page numbers and other header/footer information?

Yes, offerors may use a font (no smaller than 8-point) for tables, charts, footnotes, exhibits, graphs, etc.

Yes, offerors may use the margins to note page numbers and header/footer information.

6 RFQ 5.1.1.2 Will the FTC consider accommodating in person presentation in lieu of a remote demonstration?

Will the FTC provide a list of the name and titles of FTC personnel who will be attending the demonstration?

Will the FTC consider increasing the number of contractor staff participating in the demonstration from five to nine?

No, the FTC will not consider changing the demonstration venue. The FTC is unable to accommodate in-person demonstrates.

No. To ensure the integrity of the evaluation process, the FTC will not provide list of names and titles of any FTC personnel attending the demonstration.

No, the FTC will not increase the number of contractor participants.

7 RFQ 5.1.1.2 During the live demonstration, we will come prepared with our own search criteria to demonstrate the offered solutions.

Will FTC also require that we conduct specific searches at the demonstration? If so, will FTC provide us with those specific searches ahead of time?

Yes, the FTC will require specific searches as detailed in the RFQ.

In order to assess real-time capability, the FTC will not provide specific search criteria (i.e., specific law, case, docket, business, news subject). However, the FTC will only select topics from the general criteria list.

8 RFQ 5.1.1.2 The RFQ states in bullet three that the offeror should present “a brief overview of various reporting functions, including viewing sample reports.”

Are these reports the same as those referenced in bullet two “A brief overview of the administrative capability of the platform, including how to add/delete users, reset user access and/or resend user access information, and reset passwords?”

“Administrative capabilities” refers to the offeror’s ability to provide usage statistics on the products.

9 RFQ 5.2 The PWS indicates a need for access to data outside the purchased plan. However, page 10 of the RFQ (Transactional Services – Performance Work Statement, Section 3.10) lists the requirement as batching services. This appears to be a copy and paste error as Section 3.9 addresses batching services.

Can FTC confirm this offeror’s understanding that Section 3.10 is specific to transactional services outside of the purchased plan?

Correct, the RFQ incorrectly identified “Batching” instead of “Transactional.”

The RFQ should state:

The FTC will purchase Transactional Services on a transactional basis with a fixed unit rate.

The FTC will establish a not-to-exceed (NTE) limit for this CLIN.

Offerors must include a Transactional Service price list as part of their pricing submission.

Yes, Section 3.10 of the PWS is designed specifically to allow FTC to purchase additional services, on a transactional basis, outside of those detailed in the PWS.

10 RFQ 5.2 The solicitation indicates the need for access for up to 700 users for CLIN 0001, however FTC currently has nearly 950 active users. Further, adding the number of licenses for each CLIN seems to indicate that the FTC could support between 700-2,852 users.

The FTC will not change the pricing schedule.

The number of users/licenses is based on historic data and potential growth within the FTC for the duration of the resulting awarded contract. Offerors are expected to provide pricing in the quantities noted on the pricing

Approximately how many unique individual FTC employees require the total licenses for the respective CLINS?

Is the FTC expecting a significant change in the number of legal researchers in the future? If not, will FTC revise the pricing sheet to reflect the current number of legal researchers?

schedule. However, please note that these are estimates only and are subject to change.

As detailed in the RFQ section 5.2, offerors are strongly encouraged to create unique and innovative pricing bundles to maximize value and are cautioned against using prior FTC experiences or purchase agreements as a basis for their submission.

11 RFQ 5.2 The solicitation indicates that “Pricing sheets/rates for Batching Services and Transactional Service shall be included with the offeror’s pricing submission.” On Attachment 8.3, Pricing Schedule, these CLINS are marked as “TBD.”

Should these items be left as TBD, or should pricing be inserted for these CLINS?

As noted in the RFQ and on the Pricing Schedule, Batching and Transactional services will include a not-to-exceed limit which will be established by the FTC. These CLINs can be left marked as “TBD”. However, the FTC still requires that offerors submit a pricing list that details its rates for the requested Batching and Transitional services as detailed in the PWS Sections 3.9 and 3.10.

12 PWS 3.1.1

Legal Research

Will the FTC consider removing the following references or note them as “not mandatory” since they are brand name and proprietary to specific vendors?

National Reporter System Restatements of the Law American Jurisprudence Corpus Juris Secundum

The FTC requires access to various Law Reporters, Law Encyclopedias, and Treatises that restate the legal rules which constitute the common law in a particular area.

13 PWS 3.2

Court Dockets

Can historic docket (including PDF document usage) usage data be provided?

Average number of annual searches Types of searches Common courts Number and type of tracks (daily, weekly, monthly) Specific state courts of interest

The following numbers are an estimate of annual usage and does not indicate a minimum or maximum potential usage:

37,850 – Court Track 8,980 – Searches 7,000 – Email Alerts 4,750 – U.S. Cases 3,500 – U.S. Dockets

Document retrieval statistics 1,000 – Online Alerts

14 PWS 3.3

Public Records

The PWS Section 3.3.1(4) Real Property, lists “automated valuation models” as being part of the mandatory content.

If an offeror aggregates current and historical transaction records for each parcel/structure, with property characteristics and details – square footage, bedrooms, baths, garages, current and historical assessed values, previous owner, transaction details, and any related financing.

Further, associated individuals, principals, and other unique identifiers are hyperlinked to personal, business, and other records.

Is this capability an acceptable substitute for automated Valuation Models?

Offerors are encouraged to use their best judgement in proposing solutions, including any tools or methodology that meet, or exceed, the minimum standards detailed in the PWS.

15 PWS 3.6

Business Intelligence

The PWS states that “the contractor shall provide access to a Business Intelligence that, at a minimum, is capable of the following . . . Ability to show recent patents.”

Can FTC clarify if users are seeking to determine when a company is awarded a patent? Or will users need to view the patent itself?

FTC users will not be required to few the actual patent.

16 PWS 3.8

Investigative Tool for Law Enforcement

Does FTC have a law enforcement use case for the required platform described in the PWS section 3.8 – Investigative Tool for Law Enforcement?

A law enforcement database offers access to more sensitive information like PII, along with links between people, businesses, assets, and locations needed to complete investigations. Law enforcement tools provide access information that is not available through public records databases.

If FTC does not have a law enforcement use case, would the FTC consider changing the requirement from “Investigative Tool for Law Enforcement” to “Web-Based Investigative Tool,” thus removing the law enforcement aspect of the requirement.

There must be a legal/law enforcement component to whichever investigative tool an offeror proposes.

17 PWS 3.8

Investigative Tool for Law Enforcement

Investigative Tool for Law Enforcement requires “License plate recognition” data. Given that this data is highly regulated, and that regulations are evolving, industry providers cannot supply license plate recognition data except in very limited law enforcement use cases requiring an ORI number.

Please provide FTC’s ORI number, If FTC does not have an ORI number, we respectfully request that FTC remove the license plate recognition requirement or make it optional.

The FTC has an Originating Agency Identifier (ORI) number which will be given to an awardee upon award.

18 PWS 3.10

Transactional Services

Can the government explain this requirement or provide an example of what is requested?

Transactional services refer to the need for FTC to occasionally purchase/obtain data, information, or services outside of those provided by the purchased plan.

19 PWS 3.15

Personal Credit Reporting

Can FTC explain the FCRA-compliant use case it has in regard to Personal Credit Reporting (Optional Service)?

Can the FTC provide the volume/estimated number of credit reporting needed?

In accordance with the Fair Credit Reporting Act, the FTC has a bona fide need to run personal credit reports as part of its employment screening and background investigative process.

This is a new requirement for the FTC and there is no historic usage data. However, FTC estimates annual usage to be approximately 400 reports. Please note that this is estimate and does not indicate a minimum or maximum annual usage.