LegalReferenceLibrary_RFQ 2022-06-13.pdf

Federal Trade Commission Office of the Chief Administrative Services Officer

Library Division

Legal Reference Library Request for Quote

Table of Contents

1.0 – Introduction

1.1 - Background

1.2 – Statement of Need

1.3 – Scope of Work

2.0 – Period and Place of Performance

2.1 – Period of Performance

2.2 – Place of Performance

2.3 – Hours of Operation

3.0 – Type of Contract

4.0 – Instructions for Submission

4.1 – Questions from Offerors

4.2 – Submission Due Date

4.3 – Submission Format

5.0 – Submission Content

5.1 – Volume One – Technical Submission

5.1.1 – Technical Abilities/Functionality

5.1.2 – Training Plan

5.1.4 – Executive Summary

5.1.5 – Past Experience

5.2 – Volume Two – Pricing Submission

6.0 – Basis for Award

6.1 – General Criteria

6.2 – Technical Volume Ratings

6.3 – Past Experience and Performance Ratings

6.4 – Overall Submission Ratings

6.5 – Order of Importance of Evaluation Factors

7.0 – Clauses

7.1 – Federal Acquisition Regulation Clauses

7.2 – Federal Trade Commission Clauses

8.0 Attachments

1.0 – Introduction

1.1 - Background

The Federal Trade Commission is an independent federal government law enforcement and regulatory agency with the authority to promote and protect consumers’ welfare through its jurisdiction over both consumer protection and competition issues. The FTC’s mission is to work to protect consumers by preventing anticompetitive, deceptive, and unfair business practices, enhancing informed consumer choice and public understanding of the competitive process, and accomplishing this without unduly burdening legitimate business activity.

Within the FTC, the Office of the Chief Administrative Services Officer (OCASO) enables FTC’s mission by keeping staff and visitors, property, and information safe and secure in a civil and respectful work environment. The mission of the FTC Library is to support the research needs of all Commission staff by providing access to resources in electronic and print format, along with expert assistance in their use.

Attorneys in the Bureau of Competition, the Bureau of Consumer Protection, the Regional Offices, and the Office of General Counsel perform the bulk of the FTC’s legal and litigation work. FTC attorneys regularly practice in administrative proceedings before the Commission and its Administrative Law Judge; in federal district courts and bankruptcy courts throughout the United States; and in the federal courts of appeals. FTC attorneys also work with attorneys from the Solicitor General’s office in the Department of Justice in matters before the Supreme Court; and, in some instances, may represent the FTC before the Supreme Court.

1.2 – Statement of Need

The Federal Trade Commission has a need for the services of a qualified contractor to provide the most cost-effective, reliable, up-to date, 24/7/365 web-based legal and business research platform.

The platform shall include access to legal and business research materials to include federal and state litigation as well as comprehensive financial, business, property, individual (person), news, and other public records information. The platform shall include an investigative tool that allows users to search various records, public data, and legislation.

1.3 – Scope of Work

For the duration of the award, including any exercised option periods, the contractor shall provide all management, personnel, support, supplies, material, and equipment required to provide uninterrupted performance of all tasks as detailed in Attachment 8.1 – Performance Work Statement.

2.0 – Period and Place of Performance

2.1 – Period of Performance

The FTC anticipates awarding a one-year (12-month) base contract, with three one-year (12-month) option periods. The anticipated start date is October 1, 2022.

2.2 – Place of Performance

Since this requirement is for remote, web-based access to a platform, the place of performance shall be at the contractor’s discretion.

The place of performance for any on-site training will be:

FTC – Headquarters (HQ) 600 Pennsylvania Ave, NW Washington DC 20580

FTC – Constitution Center (CC) 400 7th Street, SW Washington DC 20024

The FTC’s lease at the Constitution Center is set to expire in 2024 with a subsequent move to another location in Washington, DC possible during that calendar year. Tasks associated with the FTC Constitution Center shall be applicable to any new location. Any such changes will be communicated in advance to the contractor by the contracting officer’s representative or other authorized FTC personnel.

2.3 – Hours of Operation

The contractor shall provide 365/24/7 remote, web-based, access to a legal reference library platform.

3.0 – Type of Contract

The FTC anticipates awarding a Firm-Fixed-Price contract.

In addition, the Government may elect to award a single contract or award multiple contracts for the various requirements as outlined in the PWS for this solicitation. See FAR 52.216-27.

4.0 – Instructions for Submission

4.1 – Questions from Offerors

Submit any questions regarding this solicitation via email to Dawn Cavallo at dcavallo@ftc.gov and Matthew Woolstenhulme at mwoolstenhulme@ftc.gov with subject line “Legal Reference Library - Questions” no later than 12:00 PM (ET) on June 20, 2022. If a response applies to all potential offerors, the government will provide a response to all in a manner that does not identify the source.

The government reserves the right not to provide an answer for any requests or questions received after the date stated above. If, however, the government determines that a late request raises an issue of significant importance, the government will respond.

All government responses will be provided electronically and, depending upon the nature, may be via an amendment to the solicitation.

4.2 – Submission Due Date

All submissions shall be submitted via email to Dawn Cavallo at dcavallo@ftc.gov and Matthew Woolstenhulme at mwoolstenhulme@ftc.gov no later than 12:00 PM (ET) on July 13, 2022. The email shall include the subject line “Legal Reference Library – Quote Submission.” If submissions require multiple emails, please indicate count and total number of emails in the subject line (i.e., Legal Reference Library – Quote Submission, Email 1 of 3). Quotes submitted in response to this solicitation shall be submitted in electronic form, which is readable using MS Office 2016 or Adobe Acrobat 2017.

As part of a quote, offerors are also required to present a real time live demonstration of their quoted platform’s capabilities and functionality. Demonstrations will be held remotely and scheduled for the week of July 25, 2022 using an FTC provided Zoom link. The live demonstration shall not exceed 1 hour, excluding a question-and-answer period if deemed necessary by the FTC.

Offerors may include a slide deck, not to exceed 25 slides, as part of their demonstration (see Section 5.1.1.2). The slide deck shall be emailed no later than 12:00 PM (ET) on July 13, 2022 to Dawn Cavallo at dcavallo@ftc.gov and Matthew Woolstenhulme at mwoolstenhulme@ftc.gov.

4.3 – Submission Format

All submissions shall include a transmittal letter to include the following:

Solicitation;

Name of offeror with at least two points of contacts to include email addresses and phone numbers;

Business mailing address of offeror;

Unique Entity ID from SAM.gov (UEI) Cage Code;

Tax Identification Number (TIN);

Business Size and Socioeconomic Representation;

GSA Schedule Number and Contract Number (if applicable); and A list of all material(s) that are included as part of the offeror’s submission (i.e., Volume 1, Volume 2, resumes, pricing, certifications, etc.).

The offeror shall submit two separate volumes, (1) Technical and (2) Cost/Price. When submitting offers via email, each volume should be attached as a discrete, separate file. The electronic submission must be compatible with Microsoft Office 2016, or as an Adobe Acrobat file; pricing tables should be submitted as an Excel document. All electronic files should be searchable.

The offeror’s submission, including the slide deck, shall be formatted as follows:

Text – a minimum of 12-point font and single-spaced Margins – a minimum of one-inch all around

Page number – noted at bottom of page and numbered consecutively Page count – Volume 1 not to exceed 30 pages; Volume 2 not to exceed 10 pages; Slide deck not to exceed 25 slides

The transmittal letter, table of contents, title pages, past performance questionnaires, certificates, resumes, and pricing tables are not included in the page count. The slide deck has its own slide count and is not included in the Volume 1 or Volume 2 page counts.

5.0 – Submission Content

5.1 – Volume One – Technical Submission

The evaluation factors for volume one, in descending order of importance, are:

1) Technical Abilities/Functionality

i. Written Submission

ii. Live Demonstration

2) Training Plan

3) License Management

4) Executive Summary

5) Past Experience

5.1.1 – Technical Abilities/Functionality

The FTC will evaluate the technical submission based on the following considerations:

1) The effectiveness with which the offeror’s technical submission outlines in detail the offeror’s methodology in achieving the goals of the Performance Work Statement (PWS).

2) The effectiveness with which the offeror’s technical submission addresses how it will enhance quality and services, and spur innovation in achieving the goals of the PWS.

3) The degree to which the technical submission demonstrates an effective and efficient method of fully managing and executing the complete and specific requirements of the PWS.

4) The extent to which the offeror demonstrates that its technical approach is flexible and adaptable to FTC priorities, changes in technology, and changes in marketplace conditions.

5.1.1.1 – Written Submission

The written submission shall, at a minimum, address the following:

1) Describe the breadth and depth of platform coverage, including how many and which sources of content are covered, how far back coverage extends, and how comprehensive the data is;

2) Detail any “value add” features and functionality of the platform (i.e., features and content beyond the minimum/mandatory requirements);

3) Detail the frequency and depth of content upgrades, including plan to inform users of content changes;

4) Describe platform system safeguards, including mitigating risks of unplanned outages/downtime, and plans for resolution of any failure;

5) Detail scheduled platform system upgrades, including frequency and depth of upgrades;

6) Describe plan to incorporate user feedback and comments into future platform system upgrades;

7) Describe platform safeguards to ensure sensitive information is protected, especially when users download documents;

8) Detail any artificial intelligence systems utilized by the platform, including process for evaluating the reliability of AI results, and means to correct results.

5.1.1.2 – Live Demonstration

Offerors are required to present a real time, live demonstration of their quoted platform’s capabilities and functionality as part of their submission. Demonstrations will be held remotely and scheduled for the week of July 25, 2022 using an FTC provided Zoom link.

The offeror may invite no more than five individuals to participate in the remote demonstration.

Demonstrations shall not exceed one hour, excluding a question-and-answer period if deemed necessary by the FTC.

The offeror should be prepared to perform demonstrations and/or searches from any or all of the general categories detailed below during the live demonstration.

1) A brief overview of the platform’s functionality, including how to access the various portals or databases

2) 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

3) A brief overview of various reporting functions, including viewing sample reports

4) Demonstrate functional Federal and State level case research, including breadth and depth of platform coverage, and any ability to integrate court case with relate material

5) A brief overview of the content and a demonstration of Federal legislative material including the ability to show linkage between legislation at various stages, and tracking with markups (i.e., highlight what was added, changed, or removed)

6) Demonstrate search function of U.S. Administrative Materials, including Regulations and Agency Decisions and Secondary Sources (i.e., analytical materials, treatises, hornbooks)

7) Demonstrate functional capabilities of Court Dockets, including retrieving, viewing, and downloading of specific documents and/or cases

8) Demonstrate search capabilities of U.S. Cases, including viewing and downloading

9) Demonstrate use of citator services function to determine if case is still good law.

10) News

11) Company Financial Data

12) Public Records

Note: The FTC will not provide specific search criteria before the demonstration, search criteria for specific cases, dockets, subjects, news threads, or other information will be provided during the live demonstration.

5.1.2 – Training Plan

The training plan shall, at a minimum, detail the offeror’s plans for implementing training sessions, either remotely or in person, and describe any web-based, on demand training available to users.

5.1.3 – License Management

The submission shall detail the offeror’s plan for lifecycle management of user licenses, including any related reporting.

5.1.4 – Executive Summary

The offeror should summarize its grasp of this solicitation’s unique requirements and opportunities in the Executive Summary. While the solicitation includes traditional operations and maintenance activities, the primary focus is on the offeror’s ability to conduct business as usual and apply their particular skills and experience to increase efficiencies and streamline processes. The FTC will use the Executive Summary as context for the overall submission.

5.1.5 – Past Experience

The past experience and performance evaluation will examine the offeror’s recent experience, within the past three years, of work similar in size, scope, and complexity of the requirements detailed in the Performance Work Statement (PWS).

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, failure of the offeror to provide a minimum of three reference checks may result in the offeror being rated as "neutral" on the past performance factor.

The Government is not required to conduct or complete reference checks on more than the three required. In addition to contacting references provided by the offeror, the Government may solicit other sources to find references for other relevant work performed by the offeror.

5.1.5.1 – Past Experience Narrative

The FTC will evaluate the offeror’s past experience based on the following considerations:

1) Prior contracts (“reference contracts”) where the offeror served in the role of a prime contractor that will demonstrate the offeror’s ability to perform the activities specified in the PWS; the offeror should provide no less than three and no more than five reference contacts where the offeror served as the prime contractor.

2) Type, size and complexity of its previous experience compared to the type, size and complexity of the requirements specified in the PWS.

5.1.5.2 – Past Experience Questionnaire

The offeror shall provide Attachment 8.2, Past Performance Questionnaire to point-of-contacts for past experience references. The questionnaire shall be completed by the point-of-contact and provided directly back to Dawn Cavallo, Contract at dcavallo@ftc.gov and Matthew Woolstenhulme at mwoolstenhulme@ftc.gov via email no later than 12:00 PM (ET) on July 13, 2022.

To ensure the integrity of the evaluation process, questionnaires received directly from an offeror will not be considered.

5.2 – Volume Two – Pricing Submission

Offerors are required to submit pricing for all four years; out-year pricing can be expressed as a percentage escalation. If quoting from a government supply schedule, the offeror’s submitted quote shall clearly indicate federal schedule; pricing, as appropriately discounted, and shall include a copy of their federal supply schedule pricing pages reflecting the base rates for those categories quoted.

The Government will evaluate the offeror’s price for fairness and reasonableness. The price evaluation may employ any price analysis or comparison methodology necessary as described in FAR 15.4 Contract Pricing.

The FTC will evaluate quotes for award purposes by adding the total price of all options to the total price of the base period requirement. Evaluation of options will not obligate the FTC to exercise the options. The FTC may reject a quote as non-responsive if it is materially unbalanced as to cost for the base year requirement in relationship to the option years. A quote is unbalanced when it is based on costs significantly less for some work and significantly overstated for other work, or the costs do not reflect market value.

The offeror shall submit pricing, including all optional CLINs, using the CLIN structure as detailed in Attachment 8.3, Pricing Schedule. The number of users/licenses required for each CLIN is detailed in the Pricing Schedule. Please note the number is based on historic data and potential growth within the FTC for the duration of the resulting awarded contract. Pricing sheets/rates for Batching Services (PWS Section 3.9) and Transactional Service (PWS Section 3.10) shall be included with the offeror’s pricing submission.

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. If an offeror elects to create bundles for the FTC, they shall also submit the Pricing Schedule (Attachment 8.3) detailing non-bundle pricing. FTC will use this information to determine price reasonableness, fairness, and value of quoted bundles versus “a la carte” pricing.

Offerors may bundle services in in manner they choose, however, the following items shall be priced separately:

1) Batching (Phone & Person) – Performance Work Statement, Section 3.9

The FTC will purchase Batching 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 Batching price list as part of their pricing submission.

2) Transactional Services – Performance Work Statement, Section 3.10

The FTC will purchase Batching 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.

3) Personal Credit Reporting – Performance Work Statement, Section 3.15 is for five users

4) Drafting Assistant – Performance Work Statement, Section 3.16 is for 2 users.

6.0 – Basis for Award

The basis for the resulting award will be “best value.” The FTC will make an award to the responsible offeror whose offer conforms to the solicitation and is most advantageous to the FTC (i.e., represents the best value to the FTC), price and other factors considered.

6.1 – General Criteria

To be considered eligible for award, submissions shall meet the following general conditions:

1) The offeror's submission is determined to be minimally acceptable;

2) The offeror's quoted pricing is determined to be fair and reasonable;

3) The offeror's submission complies with the requirements of law, regulation and conditions set forth in the PWS, RFQ, or otherwise required by law; and

4) The offeror is determined to be "responsible" as defined in Federal Acquisition Regulation

(FAR) Subpart 9.1, meets all standards contained therein, and is otherwise eligible for receiving award.

The technical aspects of the offer as contained in the quoted technical volume will be evaluated for soundness, quality, and feasibility as defined below for achieving the performance objectives found in the Performance Work Statement.

1) Soundness - The submission will be evaluated based upon the extent to which the technical approach demonstrates a clear understanding of the steps and capabilities necessary to accomplish the performance objectives to include problem solving, flexibility, and capacity to address and overcome uncertainties.

2) Quality - The submission will be evaluated based upon the extent to which successful performance will employ proven methods and techniques, and the government is able to determine that the methods and approaches will result in successful completion of the tasks and technical requirements within required deadlines.

3) Feasibility - The submission will be evaluated based upon the extent to which requirements have been addressed.

6.2 – Technical Volume Ratings

Each factor and sub-factor of the technical volume will be evaluated independently (see Section

6.5 for reference chart). The FTC will assign an adjectival rating (as noted below) for each factor and sub-factor and document any strengths, weaknesses, and deficiencies identified during the evaluation process.

Rating Definition Significant Strength

An aspect of the submission that appreciably increases the likelihood of successful performance

Strength An aspect of the submission which has a positive impact on successful performance

Weakness A flaw in the submission that increases the risk of unsuccessful order performance; will have some negative impact on the accomplishment of the objectives and requirements

Significant Weakness

A flaw in the submission that appreciably increases the likelihood of unsuccessful order performance; will have a severe negative impact on the accomplishment of the objectives and requirements

Deficiency A material failure of the submission to meet a requirement or a combination of significant weaknesses in the submission that greatly increases the risk of unsuccessful and unacceptable performance

6.3 – Past Experience and Performance Ratings

Past experience and performance will be assigned an adjectival rating (as noted below) and document any strengths, weaknesses, and deficiencies identified during the evaluation process.

Rating Definition Exceptional The offeror’s past performance record leads to an extremely strong expectation of successful performance.

Good The offeror’s past performance record leads to a strong expectation of successful performance.

Acceptable The offeror’s past performance record leads to an expectation of successful performance.

Neutral The offeror lacks a record of relevant or available past performance history. There is no expectation of either successful or unsuccessful performance based on the offeror’s past performance record.

Marginal The offeror’s past performance record leads to an expectation that successful performance might be difficult to achieve or that it can occur only with increased levels of Government management and oversight.

6.4 – Overall Submission Ratings

Submissions will be assigned an overall rating based on their cumulative factor ratings. Ratings for evaluation of the overall submission are as follows:

Rating Definition Exceptional The submission demonstrates the offeror’s complete understanding of all of the requirements and quotes innovative approaches or solutions that will significantly exceed FTC’s requirements using standard industry practices, technologies, methodologies, and processes. Submissions evaluated with exceptional ratings possess several significant strengths, no deficiencies or significant weaknesses and the performance is considered to have virtually no risk of disruption of cost, schedule or performance. There may be correctable weaknesses. The offeror’s technical submission, when implemented, is expected to result in superior achievement of the government’s objectives with minimal risk.

Very Good The offeror’s quoted approach exceeds the minimum requirements in the solicitation in a way that is beneficial to the government. There are strengths and no deficiencies or significant weaknesses. There may be correctable weaknesses and performance is considered low risk of disruption of cost, schedule or performance.

Satisfactory The offeror’s quoted approach meets the minimum requirements in the solicitation. There are a few strengths and no deficiencies, there may be correctable weaknesses or significant weaknesses, and performance is considered average risk of disruption of cost, schedule or performance

Unsatisfactory The offeror’s quoted approach does not meet the requirements in the solicitation. There are few or no strengths and there may be deficiencies and/or uncorrectable significant weaknesses. Performance is considered to have high risk of disruption of cost, schedule or performance. An unsatisfactory submission is one in which an unacceptable risk of performance failure exists.

6.5 – Order of Importance of Evaluation Factors

Evaluation factors in order of descending importance are:

Factor One – Technical Approach Subfactor Description % Value

1 Technical Abilities 25 1 Live Demonstration 25 2 Training Plan 30 3 License Management 10 4 Executive Summary 10

Factor Two – Past Experience Subfactor Description

1 Past Experience Narrative 50

2 Past Experience Questionnaire 50 Factor Three - Price Subfactor Description

1 Pricing Schedule 100

Evaluation Factor One (Technical Approach) is more important than Evaluation Factor Two (Past Experience). Evaluation Factor Two (Past Experience) is more important than Evaluation Factor Three (Price). The combination of Evaluation Factor One (Technical Approach) and Evaluation Factor Two (Past Experience) is more important than Evaluation Factor Three (Price).

7.0 – Clauses

7.1 – Federal Acquisition Regulation Clauses

52.252-2 Clauses Incorporated by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this website:

https://www.acquisition.gov/browse/index/far

Article Number

Reference Text

52.202-1 Definitions 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedure 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-16 Preventing Personal Conflicts of Interest

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

52.204-2 Security Requirements 52.204-3 Taxpayer Identification 52.204-6 Unique Entity Identifier 52.204-13 System for Award Management Maintenance 52.204-19 Incorporation by Reference or Representation and Certifications 52.212-1 Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 52.215-1 Instructions to Offerors 52.216-27 Single or Multiple Awards 52.217-5 Evaluation of Options 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.224-1 Privacy Act Notification

Article Number

Reference Text

52.225-2 Privacy Act 52.225-13 Restrictions on Certain Foreign Purchases 52.232-39 Unenforceability of Unauthorized Obligations

52.233.3 Protest After Award

52.237-3 Continuity of Services 52.239-1 Privacy or Security Safeguards 52.243-1 Changes - Fixed-Price 52.243-3 Changes – Time-and-material or Labor Hours 52.245-1 Government Property 52.245-9 Use and Charges

7.2 – Federal Trade Commission Clauses

Please see Attachment 8.4, Federal Trade Commission Clauses for full text of FTC specific clauses applicable to this requirement.

Article Number

Reference Text

1152.201-90 Contracting Officer’s Representative (COR) 1152.203-91 Organizational and Individual Conflicts of Interest 1152.224-90 Special Protections for Sensitive Information – Experts and Consultants 1152.224-91 Safeguarding Sensitive Personally Identifiable Information & Sensitive Health Information 1152.224-92 Handling of Third-Party Requests for Access to Records 1152.224-3 Data Breaches 1152.232-91 Electronic Invoicing and Payment Requirements 1152.232-92 Limitation of Funds 1152.242-91 Inspection and Acceptance

8.0 Attachments

8.1 – Performance Work Statement

8.2 – Past Performance Questionnaire

8.3 – Pricing Schedule

8.4 – FTC Specific Clauses