RFQ - StenoServices_InstructionsToOfferors 27July2022.pdf

Federal Trade Commission Office of the Chief Administrative Services Officer

Communication and Information Management

Instructions to Offerors

Stenographic and Remote Deposition Services 27 July 2022

Instructions to Offerors – 27 July 2022

Table of Contents

1.0 – Introduction

1.1 - Background

1.2 – Statement of Need

1.3 – Scope of Work

1.4 – Solicitation Type

2.0 – Constraints and Requirements

2.1 – Laws and Regulations

2.1.1 – Federal Laws and Regulations

2.1.2 – Federal Standards

2.2 – Security Requirements

2.2.1 – Federal Risk and Authorization Management Program (FedRAMP)

2.2.2 – Other Security Requirements

2.3 – System (Platform) Requirements

2.4 – Certification and Licenses

2.5 – Invoice Requirements

2.6 – Matter Categories

2.7 – Staffing Requirements

3.0 – Period and Place of Performance

3.1 – Period of Performance

3.2 – Place of Performance

3.3 – Hours of Operation

4.0 – Type of Contract

5.0 – Instructions for Submission

5.1 – Questions from Offerors

5.2 – Submission Due Date

5.3 – Submission Format

6.0 – Submission Content

6.1 – Volume One – Technical Submission

6.1.1 – Platform Live Demonstration

6.1.2 – Technical Ability

6.1.3 – Executive Summary

6.1.4 – Past Experience

6.2 – Volume Two – Pricing Submission

7.0 – Basis for Award

7.1 – General Criteria

7.2 – Technical Volume Ratings

7.3 – Past Experience and Performance Ratings

7.4 – Overall Submission Ratings

7.5 – Order of Importance of Evaluation Factors

8.0 – Clauses

8.1 – Federal Acquisition Regulation Clauses

8.2 – Federal Trade Commission Clauses

9.0 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. OCASO’s Communication and Information Management (CIM) team manages the mission critical contract for Stenographic and Transcription Support Services.

1.2 – Statement of Need

The Federal Trade Commission has a need for the services of a qualified contractor to provide Comprehensive Court Reporting and Transcription Support Services (CCRTS) for public and non-public meetings, hearings, depositions, trials and arbitrations, conferences and workshops, Equal Employment Opportunity (EEO) statements, and other proceedings held within the District of Columbia, 50 states, United States territories, and internationally.

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 9.1 – Performance Work Statement.

1.4 – Solicitation Type

This solicitation is being issued as “open market, unrestricted.”

2.0 – Constraints and Requirements

2.1 – Laws and Regulations

2.1.1 – Federal Laws and Regulations

Privacy Act of 1974 o 5 U.S. Code § 552a - Records maintained on individuals o 16 CFR § 4.13 - Privacy Act rules

Electronic Government Act of 2002 Freedom of Information Act (FOIA) Federal Information Security Modernization Act of 2014 (FISMA)

Federal Trade Commission Act o Section 6(f) o Section 21, 15 U.S. Code § 57b–2 - Confidentiality o 16 CFR § 4.10 - Nonpublic material

Hart–Scott–Rodino Antitrust Improvements Act Procurement Integrity Act Federal Records Act

2.1.2 – Federal Standards

Federal Information Processing Standards (FIPS) o 199 – Standards for Security Categorization of Federal Information and

Informational Systems o 200 – Minimum Security Requirements for Federal Information and Information

Systems o 201 – Personal Identify Verification (PIV) of Federal Employees and Contractors

Office of Management and Budget (OMB) Memorandums o M-05-08 - Designation of Senior Agency Officials for Privacy o M-06-15 – Safeguarding Personally Identifiable Information (PII) o M-06-16 - Protection of Sensitive Agency Information o M-07-16 - Safeguarding Against and Responding to the Breach of Personally

Identifiable Information o M-10-23 - Guidance for Agency Use of Third-Party Websites and Applications

National Institute of Standards and Technology (NIST) o NIST Risk Management Framework o SP 800-30 – Guide for Conducting Risk Assessments o SP 800-39 – Managing Information Security Risk o SP 800-53 – Security and Privacy Controls for Information Systems and

Organizations o SP 800 -61 – Computer Security Incident Handling Guide o SP 800-122 – Guide to Protecting the Confidentiality of Personally Identifiable

Information (PII) U.S. Cybersecurity & Infrastructure Security Agency o US-CERT (Computer Emergency Readiness Team) Federal Incident Notification Guidelines

2.2 – Security Requirements

In additional to all laws, regulations, and standards as detailed in Section 2.1, the contractor shall adhere to all security requirements and guidelines as detailed below.

2.2.1 – Federal Risk and Authorization Management Program (FedRAMP)

FedRAMP certification is a requirement. The FTC will not consider submissions where the offeror is not FedRAMP certified. Implemented solutions shall be compliant, at a minimum, with the FedRAMP moderate impact level control set. This FedRAMP Authorized status must be maintained throughout every period of performance.

Joint Authorization Board (JAB) provisional authorization is preferred, but not required. No more than 15 days after award of each order, or on any alternatively agreed schedule in each order, the Contractor must provide evidence of FedRAMP compliance or a FedRAMP authorization to operate (ATO).

If there is a lapse in its FedRAMP Authorized status, the Contractor must notify the FTC immediately upon knowing of the lapse to receive FTC instruction on facilitating an export and destruction of any FTC data in its possession, as specified by the FTC.

2.2.2 – Other Security Requirements

A. The contractor shall adhere to all statutory responsibilities under Federal Law that apply to information technology and the Federal Trade Commission including, but not limited to, the following:

National Institute of Standards and Technology Federal Information Security Modernization Act of 2014 Office of Management and Budget Information Security directives Department of Homeland Security directives and best practices Federal Trade Commission policy, procedures and guidelines, and other industry accepted standards.

Any information system provided by the contractor shall have all non-federal government roles fulfilled by the contractor unless stipulated by the FTC.

All FTC Information Security Program requirements must be met.

If a system or third-party service is being provided that interacts with FTC Information systems, or networks, contractor shall develop, write, review, and update an assessment of applicable FISMA and NIST SP 800-53 (latest version) controls annually for the FTC system.

The contractor shall provide an annual report to a designated FTC Authorizing Official (AO) detailing how security controls are being followed for the FTC system (Self- Assessment/Self-Report). All security related risks, audit findings, material weaknesses, and open Plan of Action Milestones (POA&Ms) related to the FTC systems are the responsibility of the Contractor to correct, mitigate, or resolve in a timely manner.

Note: Periodically the FTC is asked questions from Government Cyber Security organizations as noted below (frequency is averaged and may not represent actual requests). The FTC may request information from the awardee in order to support responses to questions received.

External audit (i.e., FISMA, OIG, NARA), once per year Internal FTC audit, once per year

CISA data calls related to executive order, memorandum, and vulnerabilities as needed

B. The contractor shall continuously monitor any system or service deployed for the FTC for network-based security threats, such as Denial of Service Attacks, and deploy appropriate attack detection and mitigation tools.

The contractor shall report network-based security incidents as defined by the most current NIST Special Publication 800-61 and United States Computer Emergency Readiness Team (US-CERT) Concept of Operations for Federal Cyber Security Incident Handling to the Contracting Officer’s Representative (COR) in accordance with FTC Incident Reporting Guidelines.

The contractor shall also notify and report any incident on any contractor owned or contractor utilized system and services that would interact with FTC network or systems.

Examples include, but are not limited to, the following:

Contractor network general support systems Contractor collaboration spaces Cloud and dashboards spaces/portals

The contractor will also proactively notify the COR and the FTC IR team of any usage of DHS publicized compromised software or hardware. DHS has in the past issued these in Emergency Directives, Executive Orders, or Binding Operational Directives. Examples would include usage of Kaspersky, Huawei Networks, SolarWinds, and PulseSecure VPN.

C. The contractor shall provide an Information System Security Officer (ISSO) to work with the FTC’s OCIO Continuous Assurance Team to respond to any data calls and/or audit artifact responses in the time frames and format given in the request.

If a designated ISSO is not provided, the FTC will provide the necessary ISSO services and will charge back the contractor for services rendered. Acknowledgement of data call or provided by customer receipt at the time of receipt is required. Any difficulty in responding to clarifications must be made within one business day.

D. If the contractor is issued FTC network accounts or privileged accounts, the contractor shall adhere to FTC Rules of Behavior.

The contractor shall also ensure that contractor staff has proper clearances and backgrounds to match level of responsibility in accordance with FTC policy.

The contractor shall ensure that all FTC mandated training is properly taken in the time frames that are requested. Failure to adhere to any of the above requirements can result in revocation of access and termination of accounts. If contractor cannot perform work due to revocation of accounts due to this clause, contractor can be subjected to fiduciary penalties.

E. The contractor shall work with the FTC’s OCIO Continuous Assurance office on any monthly security metrics and any other reporting/data calls as required. Accurate formatting and reporting of metrics are expected. Artifacts to explain and justify the metrics may be requested by the FTC as a follow up and must be readily available.

F. The contractor shall adhere to the NIST Risk Management Framework and prepare and complete the Authorization & Accreditation package for any system or service that will contain or continuously interact with FTC data.

The contractor shall ensure the system obtains an Authority to Operate or Approval to Use from the FTC. Failure to do so could result in revocation of use of software and/or the system. The FTC can request any supporting documentation/demonstration/walkthroughs /or site visits and the contractor shall work to coordinate and supply in the requested time frame.

G. For Authority to Operate and Approvals to Use, the contractor shall assess FTC Key Controls and 1/3 Annual controls starting one year after the ATO has been completed as part of the continuous monitoring process.

The contractor shall develop a report and submit all findings to the FTC Authorizing Official (AO) on an annual basis. Every year thereafter, the contractor shall assess the remaining controls and report back to the FTC AO, within 6 months.

H. Vulnerability Remediation

If a contractor provides a system or service that contains or interacts with FTC data, the contractor shall coordinate with FTC’s OCIO Continuous Assurance to conduct a Vulnerability Assessment, to include scanning or Penetration tests of the system.

The contractor shall ensure that proper access, protocols, and process are provided and followed. FTC will identify the scanning device or tool used. FTC scanning will be conducted or coordinated by/with FTC staff or contract support.

Vulnerabilities or deviations from Federal baseline configurations found in the system or service to the FTC must be addressed in accordance with FTC guidelines. Vulnerabilities or deviations that cannot be addressed in the timeframes must be recorded as a POA&M and worked according to the timelines given or risk accepted.

I. The contractor shall develop plans and provide services for integration with the FTC enterprise service for identification, authentication, access control, and monitoring.

Deviations from FTC enterprise services must be properly justified and documented.

J. Independent Validation and Verification (IV&V) and Change management.

Any system or service that contains FTC data must be independently verified and validated prior to being moved into production. The system shall adhere to FTC policy and procedures on change management.

Major changes to the system as defined by NIST 800-37, which includes, but is not limited to, to changes in throughput, changes in environment, changes in hardware and software, changes in workflow will need to be followed by an IV&V. Deviations or issues identified from FTC must be properly justified and documented through FTC POA&M process.

2.3 – System (Platform) Requirements

The Stenographic and Remote Deposition system (platform) shall have the ability to:

Work with MS Office products (i.e., Word, Excel) and PDF files (Adobe) Upload exhibits for numbering Link and share exhibits across witnesses Link exhibits to text file for loading into an electronic transcript management system (i.e., Text Map) Use a secure file transfer platform/system for transcript and exhibit submission and/or sharing Record remote depositions directly from a platform (i.e., recording session via Zoom, Teams, or similar platform)

Note: The FTC currently uses the Accellion (Kiteworks) platform/system for its secure file transfer platform/system; offerors are required to use Accellion. FTC reserves the right to change platform/systems at any time. The FTC will notify the contractor of any change to FTC’s secure file transfer platform/system.

2.4 – Certification and Licenses

All personnel assigned in support of this contract shall be fully licensed and/or certified, as required, in the jurisdiction in which the work will be performed.

2.5 – Invoice Requirements

In addition to the invoicing requirements detailed in FTC Clause 1152.232-91, Electronic Invoicing and Payment Requirements, the following information shall be included with each invoice:

Matter number Date of service Estimate number and/or order number Invoice number Summary invoice number (PDF summary) Paid date CLIN number

The contractor shall submit one invoice per service order via batch invoicing.

Batch invoicing shall be submitted to IPP approximately once every three weeks o The FTC reserves the right to change the frequency of batch invoicing if needed

Copy sales are restricted to the parties identified on the service order request form Other copy sale requests are prohibited without the written approval of the FTC Requests for a copy sale must be submitted via email to courtreporters@ftc.gov

2.6 – Matter Categories

A “Matter” is any FTC event that requires the creation of an official record of the event. For the purpose of this requirement, the FTC has identified three categories of "Matters".

1) Class A Matters (Investigative Matters)

Class A Matters includes all transcripts produced for investigative matters as detailed in 16 CFR, Chapter I – Federal Trade Commission, Subchapter A – Organization, Procedures, and Rules of Practice 16 CFR Part 2 – Nonadjudicative Procedures 16 CFR Part 3 – Rules of Practice for Adjudicative Proceedings

2) Class B Matters

Class B Matters includes all transcripts produced for Federal District Court, Federal Bankruptcy Court, and all other Federal Court Matters.

3) Class C Matters

All transcripts produced for other than Class A or Class B Matters (i.e., conferences, workshops, or internal FTC activities such as EEO statements). Class C Matters may also include transcripts of activities such as telephone calls, TV Commercials, infomercials, and internet videos.

2.7 – Staffing Requirements

While not normally applicable to the types of services performed under this requirement, the FTC reserves the right to request background investigations and security clearance to the “Public Trust” level. If requested by the FTC, the contractor shall ensure that all personnel assigned in performance of an award are able to obtain and maintain a security clearance as determined by FTC Personnel Security and in accordance with FTC Clause 1152.204-90, Contractor Personnel Security Requirements.

The contractor shall ensure that all staff assigned in support of this contract possess the appropriate qualifications and skills for the type of service requested, and hold the necessary certifications and licenses required to perform the tasks detailed in Attachment 9.1 – Performance Work Statement.

The contractor shall make available a duly licensed and authorized Notary Services as necessary.

For services in locations where English is not the primary language, the contractor shall provide court reporters, notaries, translators, and/or interpreters, as necessary that are fluent in that country's official language. Court reporters, notaries, translators and/or interpreters that are fluent in other languages may be required for services within the United States or its territories.

Although FAR Clause 52.223-99 – Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors will be incorporated into the contract, individual locations may have differing policies regarding COVID vaccines or masking. Any personnel assigned in support of this contract are expected to comply with local regulations as well as federal guidelines when entering government facilities.

3.0 – Period and Place of Performance

3.1 – Period of Performance

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

3.2 – Place of Performance

The place of performance will be in various locations to include:

FTC facilities in Washington DC FTC regional locations District of Columbia Court buildings, law offices, and other meeting locations within the United States, U.S.

Territories, or international locations

The FTC has offices in the following locations:

FTC - Headquarters 600 Pennsylvania Ave, NW Washington DC 20580

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

FTC – East Central Regional Office 1111 Superior Avenue, Suite 200 Cleveland, OH 44114-25074

FTC – Midwest Regional Office John C. Kluczynski Federal Building 230 South Dearborn Street, Room 3030 Chicago, IL 60604

FTC - Northeast Regional Office One Bowling Green, Suite 318 New York, NY 10004

FTC – Northwest Regional Office 915 Second Avenue, Room 2896 Seattle, WA 98174

FTC – Southeast Regional Office 225 Peachtree Street, NE, Suite 1500 Atlanta, GA 30303

FTC – Southwest Regional Office 1999 Bryan Street, Suite 2150 Dallas, TX 75201-6808

FTC – Western Regional Office (SF) 90 7th Street, Suite 14-300 San Francisco, CA 94103

FTC – Western Regional Office (LA) 10990 Wilshire Blvd., Suite 400 Los Angeles, CA 90024

3.3 – Hours of Operation

FTC’s core hours of operation are 8:00 am – 5:00 pm, Monday through Friday. Occasionally, services may be required outside of core (normal) business hours.

While the FTC recognizes the Federal Holidays noted below, the nature of this contract entails that the awardee may be required to perform services on FTC recognized federal holidays or on days designated as a holiday or when buildings are closed by Executive Order or other emergency declaration.

The Contracting Officer’s Representative will inform the contractor if services are required outside of normal business hours, on Federal Holidays, days designated as a holiday, or closures due to emergency declarations.

The FTC recognizes the following federal holidays:

New Year’s Day Juneteenth Veteran’s Day Martin Luther King Jr. Birthday Independence Day Thanksgiving Day President’s Day Labor Day Christmas Day Memorial Day Columbus Day

4.0 – Type of Contract

The FTC anticipates awarding a time-and-material contract.

5.0 – Instructions for Submission

5.1 – 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 “Stenographic & Remote Deposition Services - Questions” no later than 12:00 PM (ET) Wednesday, August 10, 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.

5.2 – 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 Friday, August

26, 2022. The email shall include the subject line “Stenographic & Remote Deposition Services – Quote Submission.” If submissions require multiple emails, please indicate count and total number of emails in the subject line (i.e., Stenographic & Remote Deposition Services – 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.

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 September 5, 2022 using an FTC provided Zoom link.

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 Friday, August 26, 2022 to Dawn Cavallo at dcavallo@ftc.gov and Matthew Woolstenhulme at mwoolstenhulme@ftc.gov. If a slide deck is included as part of the offeror’s submission, it shall be included as a separate attachment.

5.3 – 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 (i.e., small business, other than small business, woman owned, veteran owned);

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, and certifications).

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 50 pages; Volume 2 not to exceed 10 pages; Slide deck not to exceed 40 pages

The transmittal letter, table of contents, title pages, past performance questionnaires, certificates, resumes, and pricing tables are included in the page count. The slide deck is not included in the page count of volume one; the slide deck has its own page count.

6.0 – Submission Content

6.1 – Volume One – Technical Submission

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 requirements 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 requirements 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 award.

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.

The evaluation factors, in descending order of importance (see Section 7.5 for details), are:

1) Platform Live Demonstration

2) Technical Ability

3) Executive Summary

4) Past Experience

5) Price/Cost

6.1.1 – Platform 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 September 5, 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 any question-and-answer period 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 and demonstration of the platform’s functionality, including how to access the various portals or tools

2) A brief overview and demonstration of the administrative capability of the platform, including any reporting functions (i.e., invoicing, history)

3) A brief overview of various stenographic and court reporting services to include, but not limited to the following:

a. Request/order submission tool usability

b. Scheduling multiple depositions and/or hearings

c. Auto-populating accounting information

d. Pricing visibility

4) A demonstration of platform functionality to include exhibits (i.e., uploading, sharing), passing controls (i.e., witness, co-counsel, paralegal), and real time transcription features

6.1.2 – Technical Ability

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

1) FEDRAMP certification

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

3) Describe plan to incorporate user feedback and comments into future platform upgrades

4) Detail platform safeguards to ensure sensitive information is protected, especially when users download, upload, or share documents

5) A description of how service order requests are received and processed

6) Detail quality assurance plan to ensure platform reflects current and accurate pricing

7) Detail plan to provide continuous training to end users on platform functionality

8) Describe a typical user experience including requesting and confirmation of services, number of open windows required for hearings and/or depositions, and uploading and sharing of exhibits

9) Detail the remote deposition process, including set-up/break-down, quality control measures (i.e., ensuring that there is no interruption of services), and how users would access remote deposition tool

10) Explain how court stenographer/report information is transmitted to user, including how far in advance

11) Detail plan to ensure invoices are submitted to the FTC in accordance with the requirements detailed in Section 2.5.

6.1.3 – 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.

6.1.4 – 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.

6.1.4.1 – 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.

6.1.4.2 – Past Experience Questionnaire

The offeror shall provide Attachment 9.2, 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 Friday, August 26, 2022.

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

6.2 – Volume Two – Pricing Submission

Offerors are required to submit pricing for all three years; out-year pricing can be expressed as a percentage of the prior year’s price. If quoting from a GSA Schedule, the offeror’s submitted quote shall clearly indicate the GSA Schedule pricing, as appropriately discounted and shall include a copy of their GSA Schedule pricing pages reflecting the base rates for those labor categories quoted. For this RFQ, offerors are encouraged to quote substantial labor rate and/or volume discounts from the published rates.

The Government will evaluate the offeror’s price for fairness and reasonableness. The price evaluation may employ any price analysis or comparison methodology necessary.

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 use Attachment 9.3, Pricing Schedule (all three tabs) to submit pricing, for in-person stenographic services, remote stenographic services, transcripts, and “additional services” (i.e., translation and interpreter services, video and audio recording, and videoconferencing services; see Section 3.4 of the Performance Work Statement) for the three identified locations:

(1) within the metropolitan Washington DC area, (2) outside of the metropolitan Washington DC area but within the United States, and (3) international locations. Since depositions and hearings are not limited to the United States, there may be occasions where services are required internationally. Offerors should submit international pricing for both in-person and remote services.

In addition to the required pricing schedule, the offeror may include any supplemental pricing information (i.e., price charts, additional services offered and related price, narrative) it deems necessary to perform the tasks detailed in the Performance Work Statement.

7.0 – 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.

7.1 – 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 unit prices are 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.

7.2 – Technical Volume Ratings

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

7.5 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

7.3 – 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.

7.4 – 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.

7.5 – Order of Importance of Evaluation Factors

Evaluation factors in order of descending importance are:

Factor One – Technical Approach Subfactor Description % Value

1 Live Demonstration 50 2 Technical Ability 40 3 Executive Summary 10

Factor Two – Past Experience Subfactor Description % Value

1 Past Experience Narrative (50%) 50 2 Past Experience Questionnaire (50%) 50

Factor Three - Price Subfactor Description % Value

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).

8.0 – Clauses

8.1 – 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 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and other Covered Entities

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.212-1 Instructions to Offerors-Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 52.215-1 Instructions to Offerors 52.215-23 Limitations on Pass-Through Charges

Article Number

Reference Text

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 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors 52.224-1 Privacy Act Notification 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 52.244-6 Subcontracts for Commercial Products and Commercial Services 52.245-1 Government Property 52.245-9 Use and Charges 52.246-6 Inspection Time-and-Material and Labor Hour

8.2 – Federal Trade Commission Clauses

Please see Attachment 9.4, 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

9.0 Attachments

9.1 – Performance Work Statement

9.2 – Past Performance Questionnaire

9.3 – Pricing Schedule

9.4 – FTC Specific Clauses