Amendment_0006_-_Government_response_to_Offeror's_submission_questions_dtd_11-29-18.pdf

RFP USCA18R0158 – BANKRUPTCY NOTICING CENTER - BNC

Government response to Offeror’s submission questions – Amendment 0006

Questions/Clarifications Government’s Response

1. Will the Government accept the provision of an introduction and summary that is included within the 21 total page limits of this section?

RFP Reference: Technical Factor 3: Past Performance

Yes.

2. Transition is a critical function and 10 pages is an inadequate number of pages to fully describe the transition plan. We request that the Government extend this section’s page limits to NTE 15 pages.

RFP Reference: Section L-2 Proposal Content, Section I

– Technical, Factor 1: Phase-In/Transition

The page limit has been extended to 15 for this section.

3. Section G.5 refers to volume band pricing which was considered in the DRFP but appears to no longer be applicable. Should the reference in G.5 to volume tiers be removed?

RFP Reference: G.5 CMECF

The volume bands have been added.

4. The suggested page limit for Contractor’s responses to C.3 is 2 pages, but the requirements in C.3 and C.3.1 do not appear to correspond to the suggested page limit. Please confirm the specific subsections of C.3 that Contractors are to respond.

RFP Reference: Amendment 0001, Section L, C.3 Efficiency/operational requirements, page 83 of 91 Amendment 0001, Section L, C.3.1 BNC Contract Scope, The requirement of submitting a response to C.3 will be removed in the next Amendment.

C.3.1 must be addressed.

5. Section L states that Contractor must describe its capability to perform all requirements in Section C.4.2 (and its subsections). Sections C.4.2.1 and C.4.2.4 are also specifically identified for responses by the Contractor. Please confirm if Contractors are to

Offerors are to respond to C.4.2 and all of its subsections.

respond to section C.4.2 and all of its subsections or to respond solely to subsections C.4.2.1 and C.4.2.4.

RFP Reference: Amendment 0001, Section L, C.4.2 Notice Production, page 83 of 91 Amendment 0001, Section L, C.4.2.1 Notice Format, page 83 of 91 Amendment 0001, Section L, C.4.2.4 Increases in Daily Workload and Annual Growth, pages 84 of 91

6. Section L states that Contractor must describe its capability to meet the requirements of Section C.4.5 (and its subsections). Section C.4.5.2 is also specifically identified for a response by the Contractor. Please confirm if Contractors are to respond to section C.4.5 and all of its subsections or to respond solely to subsection C.4.5.2 RFP Reference: Amendment 0001, Section L, C.4.5 Eliminating Transmission of Duplicate Notices, page Amendment 0001, Section L, C.4.5.2. Eliminating Multiple Electronic Notices, page 84 of 91

Offerors are to respond to C.4.5 and all of its subsections.

7. Section L states that the Contractor shall describe its capability to perform the requirements of this section (including subsections). The requirement also states specifically BNC Intranet (C.7.3) and System Maintenance (C.7.8). Please confirm if the Contractor must respond to section C.7 and all of its subsections or to respond solely to subsections C.7.3 and C.7.8.

RFP Reference: Amendment 0001, Section L, C.7 Support Services, page 84 of 91 Amendment 0001, Section L, C.7.3 BNC Intranet, page 84 of 91 Amendment 0001, Section L C.7.8 System Maintenance, page 84 of 91

Offerors are to respond to C.7.3, C.7.5, and C.7.8. The page limit has been revised to a total of 7 pages for these three subsections.

8. In consideration of the extensive requirements for this section with no recommended page limits. We request that the Government consider establishing page limits for this section.

RFP Reference: Amendment 0001, Section L, C.9.7.1 QC Plan, page 85 of 91

There is a 5-page limit for this section.

9. In reviewing the extensive requirements to respond to this section, and in consideration of suggested page limits for C.9.6, we request that the Government consider establishing page limits for this section.

RFP Reference: Amendment 0001, Section L, C.10 Contingency Plan, page 95 of 91

There is a 5-page limit for this section.

10. Is there a maximum cap on liquidated damages across the duration of the contract?

RFP Reference: Amendment 0001, Section 2-75 Liquidated Damages, page 49 of 91 Amendment 0001, Section F.3 Damages, page 53 of

No.

11. We respectfully request the Government to remove Section 6-65 - Rights in Data-Special Works on pages 63 and 64.

RFP Reference: Amendment 0002, Section H.12 Phased Takeover, page 63 of 91

This has been removed.

11/29/2018 - Amendment 0006 [updated response]: It is in the best interest of the Government to include Section 6-65 – Rights in Data-Special Works.

Section 6-65 - Rights in Data-Special Works will remain as part of this requirement.

12. Please confirm that the internal network resources (servers, printers, sorters, stuffers, etc.) does not have to be dedicated to US Government work as long as they follow the NIST guidelines as specified in the

RFP.

On the physical mailing equipment, if there is international customer presence on those pieces of equipment, that is when the judiciary’s risk rises to an unacceptable level. The judiciary wants to ensure that its information is not being sent overseas to unintended recipients by mistake. The contractor should document its process for not co-mingling data during the notice production process to ensure that Personally Identifiable Information from the Judiciary is not being sent to the wrong recipient. The contractor should be able to account for where the judiciary’s data is going, as well be able to ensure that documentation is accurate. If resources are purchased that are not dedicated solely to the BNC work, the Government shall not be charged for the purchase of those resources.

13. Are the SLAs proposed in this RFP the same as those being used in the current contract with the incumbent?

RFP Reference: Attachment J, Performance Requirements Summary; pg 208; Performance Requirements Summary Table

The cross-reference to Section F.7 has been updated to Section F.3.

14. There does not appear to be a specific CLIN designated for the Project Manager key personnel in the RFP or in the Procurement Worksheet – please provide an updated Procurement Worksheet and CLIN description for this key personnel position.

RFP Reference: B.3 2 CLIN Descriptions

The Project Manager is not a position that is billed directly to the Government.

15. Please confirm that PCI-DSS standards do not apply to this project since there are no payments being made under the Scope of Work defined.

RFP Reference: C.9.6 42 PCI-DSS

This is confirmed.

16. It is understood that the 93 courts are not all on the same version of CM/ECF.

Does this mean each is running its own platform and the file feeds could potentially be different for each?

The courts are on different CM/ECF Release Versions. The BNC file feed process are the same for all CM/ECF version releases.

As of 9/6/2018, the courts are on 5 different CM/ECF Release Versions. 54% of the courts are on CM/ECF Version 5.2.2, 30% are on version 5.1.4, and the remaining courts are on CM/ECF version 5.2.0, version 10.2.0, and version 10.1.2.

17. How many Production Cycles are run per court per month?

Each Government business day commences a two-day Production Cycle. The total will vary depending on the number of Government business days in the month.

18. The understanding is that the information exchange between the court systems and provider’s system will be file feeds or extracts sent to the provider versus any ODBC or web service connection. Please confirm.

Yes, the existing information exchange is a file feed. The provider’s system will pick up the files from the court system. The provider will also provide a data feed (deposit certificate of notices, reports, etc.) to the CM/ECF application.

19. Can you provide an inventory of communication types/templates or “forms” (excluding data file exchange)?

Are these forms templates for composing notices as well as additional inserts?

Each court stores the four types of EDI forms with the Contractor. These are placed on the public website so that EDI recipients can use them when receiving EDI data if they wish. They are not directly used for noticing. The only form that is stored is the 2100B (Notice of Transfer of Claim Other than For Security). Each court provides the Contractor with a template for their form, but most use the national form template. The Court then transmits the variable data for the form to the Contractor in the notice file. The

Contractor uses the variable data to populate the form based on the template stored from the Court. Inserts are not included with the notices.

20. Please clarify if this CLIN refers to section C.1.1.3 specifically the Certificates of Notices or another process.

RFP Reference: B.3 CLIN Descriptions and C.1.1.3 Producing and Transmitting Notices; 2 and 7 B.3 CLIN Descriptions Additionally, the Contractor should use CLIN 7010 to charge the Government any administrative costs of preparing packages to be sent for overnight delivery. - C.1.1.3 Producing and Transmitting Notices The BNC is able to produce bankruptcy notices at a fraction of the time and cost that would be required if produced and sent by the Courts. The BNC transmits notices to recipients based on the addresses that are provided by the Courts. Notice recipients may register a preferred postal or electronic address in the judiciary’s preferred address database that the Contractor must maintain. The Contractor cross-references the electronic and preferred address database to direct the recipient’s notices to its electronic or preferred physical address pursuant to §342(f) of the Bankruptcy Code and Bankruptcy Rules 2002(g)(4) and 9036. A check is first done to see if there is an electronic name/address match, and then a check is done to see if there is a preferred physical name/address match. After transmitting the notices, the Contractor provides the Courts with Certificates of Notice that are auto-docketed, and other reports that specify notice production activity for each case event transmitted to the BNC.

CLIN 7010 is only to be used to charge administrative costs associated with overnight delivery of materials to the courts under CLINs 7001-7002. It is anticipated that this CLIN will be very rarely used.

21. Clarify “electronic certificates of notice that are automatically docketed by Courts to the CM/ECF case record”. Is this an interactive interface or a file feed back to the courts?

RFP Reference: C.2.5 Other BNC Production Output RFP Page #12. C.2.5 Other BNC Production Output The Contractor generates other output associated with notice production, including production and billing reports, electronic certificates of notice that are automatically docketed by Courts to the CM/ECF case record, and reports documenting production problems. Requirements for these and other deliverables are described in the Statement of Work (SOW). The BNC returns information to the Courts as detailed at Section J, Attachment 31 that allows the Courts to conduct their daily and monthly billing reconciliation.

This is a file feed back to the courts CM/ECF system. Details of what should be contained in the certificate of notice is in the RFP section C.5.1 Certificate of Notice.

22. Please elaborate on the intended interface. Is this a web service call from CM/ECF to the BNC database or a hyperlink into the BNC system, etc.?

RFP Reference: C.4.3.3.4 CM/ECF Interface with NCRS.USCOURTS.GOV RFP Page 23. The Contractor shall maintain an interface for synchronization of CM/ECF-produced mailing lists with the BNC database. Case mailing lists are requested real-time through the interface by Court personnel or public CM/ECF users.

The intended interface is a BNC web application that can be accessed by Court personnel through a link, by public CM/ECF users through a link, or court systems through a web service.

23. Elaborate on the expected interface for “The BNC extracts the debtors’ information using the PACER system.” ODBC? Web Service? What platform / database is PACER using?

The BNC will have a login and password for accessing PACER via the web, which will allow it to query case data from the CM/ECF system. The contractor will access the debtors’ information in CM/ECF via the pathways set forth in Section J – Attachment 27.

RFP Reference: C.2.4 Debtor Electronic Bankruptcy Noticing (DeBN) 11 The BNC extracts the debtors’ information using the PACER system.

24. What historical (back file) conversions / ingestions are required?

No conversion of historical post-composed data is needed. Archival and maintenance of all existing (historical) and new data is required.

26. Reports required are specified and reference Attachment J- 21 for examples. Not all reports have examples. It appears that some items below may be web functions versus reports per se.

Please clarify and can you provide remaining samples of reports / web site screen shots?

REPORT Sam ple in J-

Custo m

Date Searc hable

Monthly Billing Reports Y n Site Detail Report Y y Site Detail Monthly Report (All Districts) Infe rred

Daily Dollar Report Y y Daily Dollar Monthly Report (All Districts) Infe rred n

CLIN Detail Report Y y CLIN Detail Monthly Report (All Districts) Infe rred n

Notice Detail Report Y y FEDEX Report Y y Contact Report Y y Site Summary Report N n CLIN Summary Report N n

11/29/2018 - Amendment 0006: Examples of each report have been added to Attachment J-21. Some reports are web-based and searchable based on custom date ranges (see chart). Others are not yet searchable based on custom criteria – they are static and available only for the months selected and in the format(s) offered. J-21 is also amended to redact certain information included in J-21 in error.

Notice Summary by District Report N n Notice Summary by Site Report N n Invoice Verification Summary Report N n Postage Savings Report N n E-mail Text Bounceback Summary N n DeBN Monthly Usage Report N n Batch History N n Case History N n Mail Date History N n EDI Forms N n District Forms N n Noticing Partner Query N y Noticing Partner Activity Y y Preferred Address Query N y Court Profile N n District Users N n Bypass Report N y Returned Mail Report Y y Monthly Top 20 by District Paper Notice Recipients

Y n

Reports required are specified and reference Attachment J-21 for examples. Not all reports have examples. It appears that some items below may be web functions versus reports per

se. Please clarify and can you provide remaining samples of reports / web site screen shots?

REPORT Sample in J-21

Monthly Billing Reports Y Site Detail Report Y Site Detail Monthly Report (All Districts)

Inferred

N n

Daily Dollar Report Y y Daily Dollar Monthly Report (All Districts)

Inferred n

CLIN Detail Report Y y CLIN Detail Monthly Report (All Districts)

Inferred n

Notice Detail Report Y y FEDEX Report Y y Contact Report Y y Site Summary Report N n CLIN Summary Report N n Notice Summary by District Report

N n

Notice Summary by Site Report

N n

Invoice Verification Summary Report

N n

Postage Savings Report N n E-mail Text Bounceback Summary

N n

DeBN Monthly Usage Report

N n

Batch History N n Case History N n Mail Date History N n EDI Forms N n District Forms N n Noticing Partner Query N y Noticing Partner Activity

Y y

Preferred Address Query

N y

Court Profile N n District Users N n Bypass Report N y Returned Mail Report Y y Monthly Top 20 by District Paper Notice Recipients

Y n

Bankruptcy Noticing Center Activity (for the past 12 months, updated each month (See Attachment J-21), and totals covering the life of contract)

N n

RFP Reference:

C.7.3 BNC Intranet

Attachment J-21 BNC Home Page

BNC.USCOURTS.GOV

RFP - 34

Attachment J - 171

27. Are contingency tests inclusive of all courts? Is this scheduled at the same time?

Contingency planning should encompass all aspects of BNC operations and be inclusive of all courts. The Contractor will work with the AO and the courts to schedule any necessary testing after contract award.

28. What format does the court want certain report files?

Are these .txt files?

Exception Report Daily Batch Summary File Transfer Confirmation of Receipt Notice of Service (C file)

Daily Batch Summary – PDF File Exception Report – PDF File File Transfer Confirmation of Receipt - .txt file Notice of Service (C file) - .txt File

29. What distinguishes a case-specific preferred address from an overall preferred address? What is the determinant?

RFP Reference: C.2.2.3 Preferred Address Database.

RFP page 9

Pursuant to 11 U.S.C. §342(e), a party may file a notice of address to be used in that case only. Pursuant to 11 U.S.C. §342(f), a party may file a notice of address to be used by all or particular bankruptcy courts for all cases filed in those courts.

30. Please elaborate on the requirement “,,,the verification of the identity of any person executing agreements and/or making changes to agreements, including names and addresses for delivery and/or matching in case there is a challenge in court.” Is the intent to validate against existing stored data and then have a user interaction to confirm? What is the key validation field(s)?

RFP Reference: C.4.3.3.1 National Creditor Registration Service and EBN/DeBN RFP page 24.

A point of emphasis is the verification of the identity of any person executing agreements and/or making changes to agreements, including names and

The intent is to validate that a particular person executing the agreement is, in fact, the person whose name appears on the signature line and is a person authorized by the company to execute the document. If a party claims that they did not authorize an EBN agreement that was signed by John Smith, how can we prove to the court that the e-signature is John Smith, and that John Smith spoke for the company?

31. Please provide monthly volumes of returned mail.

RFP Reference: C.3.2 & C.6

This is driven by noticing volumes. In FY 2017, there were an average of approximately 115,000 p large volume for September was due to an abnormal group of mailings from one court that went to cases that were relatively old.

FY17 Returned Mail Notices October 111,051 November 109,480 December 103,866 January 99,521 February 98,743 March 118,872 April 109,065 May 94,504

June 103,925 July 100,089 August 116,567 September 214,322 Total 1,380,005

32. The BNC Historical Notice Volume Table indicates 83,332,509 Notices for the year 2017, are these total notices or just mailed notices?

RFP Reference: J-2

These are the total of all notices – those sent out both by mail and electronically.

33. Please provide the average daily volume of notices for both print and electronic. RFP Reference: J-2

Using FY 2017 numbers, there was an average of 193,253 paper notices and 127,257 electronic notices per government business day.

34. Please clarify within the volumes table that 1 Sided sheets = 1 sheet of paper and one printed side and 2 Sided Sheets = 1 sheet of paper and two printed sides RFP Reference: J-2

This is confirmed.

35. Please provide monthly volumes of Unqualified and Foreign mail pieces.

RFP Reference: B3 - CLIN 5001 RFP page 2

Approximately 18,502 envelopes per month with about 683,659 notices per month for unqualified mail; the postage does not track the difference between domestic and foreign.

36. One of the requirements for the referenced section is in the SOW and Section L as follows: “The Contractor’s proposal shall describe how EBN Noticing Agreements and preferred address registrations will be signed and updated securely and completely online via the public website (see Section C.4.3.3.2) with sufficient validation of authority for non-individuals.” There are many possible technical solutions with varying degrees of ability to authenticate that the user doing the signing is indeed the person they are representing themselves to be. The Government has not stated what policy they

This requirement has been amended (See Amendment 0002). Offerors should not propose a solution at this time, and they will not be evaluated on it. The judiciary may wish to go to a completely online registration system in the future. If the AO determines that such a system is required, the CO will request a proposal from the Contractor describing the work, desired outcome, and required timeframe. The Contractor shall then submit a price proposal with a feasible approach to meet the required timeframe that addresses the AO’s requirements.

considered to be adequate authentication. Could the government either clarify what constitutes adequate authentication or remove the requirement?

RFP Reference: Amendment 0003, SOW C.4.3.3.1 C.4.3.3.1 National Creditor Registration Service and EBN/DeBN, page 22 of 91, paragraph 3; Section L, Factor 2: Technical Capability, C.4.3.3.1 National Creditor Registration Service and EBN/DeBN, page

37. Please provide exact envelope specifications to be able to quote.

RFP Reference: B3 - CLIN 8001-8004 RFP page 2

The offeror should propose the envelope sizes.

38. Please provide exact paper specifications to be able to quote.

RFP Reference: B3 - CLIN 6001 RFP page 1

Please see Section C.4.2.1 Notice Format. 8.5 x 11.

39. Please provide an average # of requests per month to update forms, notices, and certificates.

RFP Reference: C.3.3 RFP page 13

Update Forms: once or twice a month, courts update their EDI form templates. The 2100B form is rarely updated at a national level.

Test Court Forms: The BNC polls the US Courts’ test site in Phoenix, AZ each night to test any new releases, patches,etc. This can include security updates, things having to do with forms, etc. They test on a variety of server configurations including NextGen and CurrentGen CM/ECF. The BNC then sends certificates back to the test site server. There are also around 6 more tests that the AO test site requests with the BNC each month along with around 3 or 4 tests with the AO in Washington. D.C.

Certificates: There are rarely requests to update certificates of notice

Notices: The number of national forms updated each year varies. Most years, there are few, if any, changes to the national forms that affect noticing. Some years, there are more. In 2015, for example, there was a major overhaul of all national forms that required extensive testing. This was an anomaly, though.

40. Please provide an average # of requests per month to update the websites. RFP Reference: C.3.3 RFP page 13

There are not regular requests under the current contract to update the websites. All website update requests will be sent from the AO. Please see the estimates for CLINs 21001-21005 for the estimated potential hours to be dedicated to the websites.

41. Please provide an average # of requests per month to update reports.

RFP Reference: C.3.3 RFP page 13

There are not regular requests to update reports. All such requests will be sent from the

AO.

42. Per the references provided, there are separate responses for what appear to be the same requirements for a Quality Control Plan and Contingency Plan. In consideration of the duplication of information and its impact on page limits, would the Government consider removing the requirements in the task areas of Factor 2 for Contractors to respond to sections C.9.7 and C.10?

RFP Reference: Amendment 0003, Section L, Factor 2: Technical Capability, page 83 of 91, paragraph 3;

Section L, Factor 2: Technical Capability, page 83 of 91, paragraph 4; Section L, Factor 2: Technical Capability, C.9.7.1 QC Plan, C.9.7.3 Effectiveness of Contractor QC Program, page 85 of 91;

Section L, Factor 2: Technical Capability, C.10 Contingency Plan, page 85 of 91

It is not clear to the Government that each potential offeror will perceive the same degree of overlap. Therefore, the requirements will be retained. Any areas of overlap may be addressed by cross-referencing other pages/sections of the offerors’ proposals.

43. Please provide an average # of Help Desk requests (Calls or emails) per month.

RFP Reference: C.7.1 RFP page 33

Between 400-500 contacts per month.

44. Please confirm that all training materials can be provided in a digital format (Webex, online learning, PDF).

RFP Reference: C.7.1 RFP page 33

The offeror is free to propose this. It should be noted that this is not a requirement.

45. Please provide an estimate of required on-site person-to-person or classroom training will be required.

RFP Reference: C.7.1 RFP 33

There are not regular in-person training sessions requested by the courts. There was only one in-person training session requested in FY 2017. There have been none so far in FY 2018.

46. Please confirm that this is a typo and that Noticing for Other Court Types should be C.4.8.4.

RFP Reference: C.4.8.3 RFP 28

Yes, this is an error and will be corrected in the next Amendment.

11/29/2018 - Amendment 0006 [updated response]: Corrected to read: C.4.8.4.

47. In consideration of the quantity of requirements within this section of the RFP that Contractors are to

The overall page limit for Factor 2 has been extended to 80 pages. See Amendment 0004.

respond, along with the detailed narrative required to provide a compliant response, we request that the Government increase Factor 2’s overall page limit to 75 pages.

RFP Reference: Amendment 0003, Section L, Factor 2: Technical Capability, pages 83-86

48. Please confirm that this is a typo and that Electronic Data Interchange should be C.2.3.1.

RFP Reference: 2.3.1 Electronic Data Interchange

RFP 28

Yes, this is an error and will be corrected in the next Amendment.

49. C.4.2 Notice Production Each case notice provided by a Court through CM/ECF consists of a completely formatted PDF file (or instructions to print the data to a Contractor-stored form) and an address file. The Contractor shall produce notices that comply with all Government requirements and standards, and comply with all privacy protections, as further detailed below.

Question:

Please provide the volumes of formatted PDF notices(notices and page images per notice) provided annually by the CM/ECF system, and the volumes of notices(notices and page images per notice) that are not in PDF format where the contractor is required to receive the data and print to a contractor stored form. Please also identify the volume breakdown for each type (PDF/Data) between printed notices and electronic notices.

There is one form, a transfer of claim (trc) form that has been customized by 11 courts.

• For the month of September 6619 trc forms were received, 2750 of those were mailed, 24 were undeliverable addresses, and 3845 were sent electronically.

• These numbers are relatively consistent and annual number can be projected from the one month.

50. Can you tell me if this is a new requirement? If this is not a new requirement, can you tell me the current contract number?

No, the current contract number is: USCA-08-C-0506.

51. I am wondering if an incumbent exists for the potential requirement: Bankruptcy

Yes, an incumbent does exist for the Bankruptcy Noticing Requirement.

• Vendor name: BAE Systems

• Contract number: See response to question #39

Noticing Services outlined under USCA18R0158. If so, could you please provide the following information?:

· Vendor name

· Contract number

· Value

· Date of award

· Expiration date

• Value: $10,100,000.00

• Date of award: 06/06/2008

• Expiration date: Bridge issued on 9/27/2018.

52. Can you please let me know if it is embedded in one of the documents?

“The Offeror shall submit its past performance information under Part 1 of the Past Performance Questionnaire.

The Offeror shall describe three past performance efforts under Part 1. Each effort described under Part 1 shall not exceed three numbered pages, with no smaller than 11 pt.

Times New Roman type. Submitted information which exceeds the page limitation will not be read or evaluated. The Offeror's combined past performance effort information shall not exceed a total of nine numbered pages.

Under Part 1 (for each effort), a customer reference, with current contact information, shall be provided; contact information shall include a phone number and email address. Offerors shall forward to each of their customer references (who are identified under each Part 1 past performance effort) Parts 2 and 3 of the Past Performance Questionnaire for customers to complete. On behalf of the Offeror’s customer references, the Offeror shall fill in their organization name and the appropriate contract number located at the top of the Part 2 and 3 forms.

See Amendment 0002; response #2 on top of page 2 of 91 (Attachment J-38 - Past Performance Questionnaire. J - LIST OF J ATTACHMENTS.

Offerors shall instruct customer references to submit completed Part 2 and 3 forms directly to the Contract Specialist (CS)at: pamela_martin@ao.uscourts.gov.

Offerors should request that customer references submit completed Part 2 and 3 forms by the proposal deadline.”

53. In order to allow Subcontractors to do their due diligence and submit a comprehensive and competitive proposal to the Prime Contractor as well as allow time for additional Reading Room site visits, please extend the proposal due date by 30 days.

RFP Section: Title Page, RFP #1

The proposal due date is extended to: December 6, 2018.

54. Please provide the point breakdown/total for each Evaluation Factor 1-4.

RFP Section: M-1 Basis of Award; RFP page# 89; RFP Language: The Judiciary intends to award a contract to the responsible Offeror providing a proposal that conforms to the requirements of the Solicitation, which is determined to represent the best value trade off to the Judiciary on the basis of the following evaluation factors.

Factor 1 – Transition Factor 2 – Technical Capability Factor 3 – Past Performance Factor 4 – Price

The Judiciary is not using a point system in the evaluation of offerors.

55. Please provide a copy of link to the existing Contract for this program, including the existing CLIN pricing.

There is no link to the existing contract. Attached with Amendment 0004, is a copy of the current SOW.

56. What are the top 2-3 pain points with the current vendor/program that Bidders should consider when solutioning their approach?

The Government is not aware of any “pain points”. Each Offeror should determine the solution that best meets the nest of the Government.

57. Has the current vendor been assessed any liquidated damages in the last 2 years and if so, for which SLA (Performance Requirement) specifically?

RFP Section: Attachment J, 1.0; page 202, RFP Language: Liquidated Damages

11/29/2018 - Amendment 0006: It is not practice of the Judiciary to disclose/or divulge information that is privy between the Judiciary and its contractors. This question falls under this practice.

58. Regarding Period of Performance (POP), on page 2, it states that POP is 1/31/19 – 1/31/20, but on page 54, it states that POP is 1/14/18 – 1/15/19. Please confirm that POP is 1/31/19 – 2/1/20 for year one and correct dates for all subsequent years in the RFP and the Procurement Worksheet as well as any other RFP attachments and supplemental documents.

RFP Section: F.4.1; page 54, RFP Language: Period of Performance

Page 54 is corrected to read: 1/31/2019 – 2/1/2020.

59. Period of Performance is for 12 months. Please clarify how Contractors would get paid for services if the implementation extends past Year 1.

RFP Section: F.4.1; page 54, RFP Language: Period of Performance

The Judiciary will pay for all work performed under the contract. Any delay, or lack of performance will, be addressed at the time of the occurrence.

60. As the response is page limited, please confirm that the only sections requiring a detailed answer in our response are those specified in Section L-2, Proposal Content.

RFP Section: L-2 Proposal Content, RFP Page # 81

Confirmed.

61. As the response is page limited, should the compliance matrix correspond to the organization as instructed in Section L-2?

Or is the intent that every clause in the RFP be included?

RFP Section: L-2 Proposal Content and M-1 Basis for Award; RFP Page #82 and 89; RFP Language:

From L-2:

* Proposals must include a matrix that indicates where each of this solicitation's requirements are addressed in the proposals and page numbers.

From M-1:

* Proposals will be evaluated also by a matrix that indicates where each of this solicitation's requirements are addressed.

11/29/2018 - Amendment 0006: Yes.

62. If the compliance matrix is intended to include all clauses in the solicitation documents, is it acceptable to indicate compliance/acceptance on the compliance matrix for sections not specifically listed in the instructions in L-2?

RFP Section: L-2 Proposal Content and M-1 Basis for Award; RFP Page #82 and 89; RFP Language: From L-2:

* Proposals must include a matrix that indicates where each of this solicitation's requirements are addressed in the proposals and page numbers.

From M-1:

* Proposals will be evaluated also by a matrix that indicates where each of this solicitation's requirements are addressed.

Yes.

63. There is no attachment J-34 within the attachments document. Please provide the BNC CLIN Sheet.

RFP Section: J-0 List of Attachments; RFP Page #74;

RFP Language: J-34 BNC CLIN Sheet

11/29/2018 - Amendment 0006: Please see revised Attachment J-33.1 BNC FY19 Procurement Worksheet – Section B.

64. Please confirm that the instructions in L-2 should be followed and that Factors 1, 2, and 3 are subsections of the electronic attachment for I – Technical.

If this is not correct, please clarify.

RFP Section: L-2 Proposal Content and M-1 Basis for Award; RFP Page #82 and 89; RFP Language:

From L-2:

The Offeror’s proposal shall consist of three separate electronic attachments:

I – Technical, II – Price, and III – Solicitation, Offer and Award Documents and Certifications/Representations.

From M-1:

11/29/2018 - Amendment 0006: Yes.

Each proposal should have three (3) electronic attachments pertaining to Factor 1, Factor 2 and Factor 3, as set forth herein, and be sufficiently complete and organized to ensure that evaluation can be made on the basis of its content. It is important that the proposal be organized as specified.

65. It appears some section titles may have been accidentally removed from the Amendment 001 and 002 versions of the RFP along with the table of contents. There are multiple references throughout the RFP which refer to these sections. The missing section titles are:

Section B – Supplies or Services and Prices/Costs Section C – Descriptions/Specifications/Statement of Work Section D – Packaging and Marking Section E – Inspection and Acceptance Section F – Deliveries or Performance Section G – Contract Administration Data Section H – Special Contract Requirements Section I – Contract Clauses Section J – List of Attachments Section K – Representations, Certifications and Other Statements of Offerors or Respondents Section L – Instructions, Conditions and Notices to Offerors or Respondents Section M – Evaluation Factors for Award

Please clarify where these sections should begin if the titles were intentionally removed or provide an updated version of the RFP.

11/29/2018 - Amendment 0006: The table of contents only prints with the original RFP. Offerors are to review all amendments thoroughly.

66. The RFP restricts page size to 8 ½ X 11 inch paper. For complex documents like Microsoft Project plans and architecture diagrams, may Bidders use larger page sizes such as 11 x 17”?

L-2.1 PROPOSAL FORMAT, RFP page 81

Yes.

67. The RFP requires Offerors to respond using 11-point Times New Roman font. May Offerors use a smaller, still readable font for each of the following:

a) headers and footers

b) exhibits/figures/graphics

c) tables L-2.1 PROPOSAL FORMAT; RFP Page 81

Yes.

68. Are there any restrictions on the file size that can be submitted/emailed?

No.

69. Please confirm that the personnel with access to data (digital or paper) does not need to reside in the US or US Territory or be a US Citizen.

11/29/2018 - Amendment 0006: There is not a judiciary-wide prohibition on a contractor accessing judiciary data from outside the U.S., or on access by non-citizens. However, the Contractor should be mindful of and in compliance with all security requirements in this solicitation. The contractor must also keep in mind that the AO may issue security guidances and policies during the life of the contract with which the contractor must comply

70. In section B-3, q it states that CLIN 22001 shall be used, but in Attachment J, this CLIN is shown as a strikethrough

– please clarify if this CLIN is to be used.

B-3, q AND Attachment J; RFP Pages#: 6 AND 2, 5 8, 11, and 14;

RFP Language: 1 - CLINs 22001-22004 shall be used for systems security work required under Section C.9.6 for the labor categories specified for CLINs 9002, 9004, 9006, and 9008.

2 - CLIN 2201 – Senior System Security Officer

Yes, CLIN 22001 shall be used.

71. Please provide Bidders with an Excel version of the Attachment J33, Procurement Worksheet.

11/29/2018 - Amendment 0006: Please see revised Attachment J-33.1 BNC FY19 Procurement Worksheet – Section B. Attachment is in an Excel version format.

72. Please provide the “Ceiling Price” for this RFP.

Guide to Judiciary Policy, Clause 4-30; RFP page# 124;

Ceiling Price

The ceiling price is: $241,998,898.75.

73. What is the relationship key of the PDF received versus the data file and the intended recipients? Are some notices composed from the data?

Some of the PDF file data may be composed from the same CM/ECF database data source as the data file when the generated notice is created utilizing the CM/ECF application.

The PDF can also be created outside of the CM/ECF application and attached through CM/ECF application and sent as a file feed along with the data feed to the provider’s system. The PDF file is part of the notice sent to the intended recipients.

74. Should the rates posted for OY3 Technical Support Services, OY4 and OY6 Notices, OY4 and OY5 Certificates of Notice be removed?

RFP Reference:

33_BNC_FY19_Procurement_Worksheet_-_Section_B

11/29/2018 - Amendment 0006: The unit cost has been removed. Please see revised Attachment J-33 BNC FY19 Procurement Worksheet – Section B.

75. The quantity listed for OY1 PDF Certificates of Notice is lower than the Base Year and OY2 by a factor of 10.

Please confirm the quantity we should utilize for OY1.

RFP Reference:

33_BNC_FY19_Procurement_Worksheet_-_Section_B

11/29/2018 - Amendment 0006: The quantity has been updated.

76. For Envelope Sizes, we request that the Government provide the quantity for each envelope type in Base Year (currently only Envelope Type 1 is listed). Consequently, we request that the Government change the out years to blank in consideration of adjustments based on the Economic Price Adjustment each year. We also request that the Government change the White Paper cost to blank in OY1-OY9 in consideration of its annual adjustment based on the Economic Price Adjustment.

RFP Reference: Attachment J- 33_BNC_FY19_Procurement_Worksheet_- _Section_B

Offerors should propose the envelope sizes. Therefore, there is no breakdown of estimates by envelope type. The lines for Envelope Types 2, 3, and 4 have been unblocked. The out years for these items have been changed to blank.

77. For all At Cost items, should these quantities be blank? An example is postage costs, as the unit cost is not $1.00, which is what is implied by currently listing quantity and extended cost. We suggest these quantities in Postage and other At Cost items be removed.

RFP Reference: Attachment J- 33_BNC_FY19_Procurement_Worksheet_-_Section_B

11/29/2018 - Amendment 0006: The unit cost is removed. Please see revised Attachment J-33.1 BNC FY19 Procurement Worksheet – Section B.

78. Please confirm the Technical Support Services hours for the Base Year. The current hours listed are significantly different than the option years.

RFP Reference: Attachment J- 33_BNC_FY19_Procurement_Worksheet_-_Section_B

11/29/2018 - Amendment 0006: The hours have been corrected. Please see revised Attachment J-33.1 BNC FY19 Procurement Worksheet – Section B.

79. The first bold section refers to an “orientation meeting.”

This orientation meeting is not defined. Does this refer to the initial kickoff or something specific to training? Please clarify this and if there is a separate deliverable in section F.2.1 for this summary.

RFP Reference: C.7.5 Training

80. The second paragraph contains a sentence beginning “Please Note...”. We recognize and concur with the truth of the statement, but are wondering why it appears in the section about training when the statement appears to cover a broader topic.

RFP Reference: C.7.5

The authority remains solely with the Contracting Officer.

81. The requirement in Section J Attachment 26 National Change of Address C.1 If NCOA information is 12 months old or less, the Contractor shall immediately notify the debtor’s attorney ... was replaced with requirements in USPS Move Update Compliance - Process Modifications (January 31, 2011). The requirement in this update stated “eliminate move update notifications to the debtor/debtor’s attorney when a notice is still deliverable but subject to a match”. Should the requirements in this update be added to the National Change of Address requirements?

RFP Reference: C.2.2.1 Recipient Address Section J, Attachment 26 National Change of Address requirements

11/29/2018 - Amendment 0006: Attachment J-26 has been updated to add this requirement. See pages 289-290 to the revised J-Attachments to review the updates highlighted in yellow.

82. Attachment J-33.1 Schedule of Items shows a strikethrough for CLIN 22001. The CLIN header indicates 22001-22004 shall be used for systems security work required under Section C.9.6. Are Offeror’s to provide a rate for CLIN 22001 Security Senior Technical Director?

RFP Reference: Section B.3, page 8, q. CLINS 22001 - 22007 (Systems Security) (Labor Hour CLIN)

Yes. The strikethough is a typographical error.

11/29/2018 - Amendment 0006 [updated response]: Please see revised Attachment J-

33.1 .1 BNC FY19 Procurement Worksheet – Section B.

83. Section J, Attachment 28 Joint Debtor Duplicate Notice Elimination Requirement 5 is Joint Debtor Duplicate

11/29/2018 - Amendment 0006 [updated response]: The requirement has been removed. An updated J-Attachments is incorporated with Amendment 0006.

Notice elimination also will apply to the query labels process from ncrs.uscourts.gov. This process can’t be applied to the query labels process. The input data from CM/ECF doesn’t include the db, jdb designations. We suggest removing this requirement.

84. On page 226, the requirement states that the Contractor shall retrieve debtor name from the Query-Case Number - Case summary screen The debtor address shall be retrieved from the Query-Case Number-List of Creditors- Raw Text format file. Please confirm that this is the correct method.

RFP Reference: C.2.4 Debtor Electronic Bankruptcy Noticing (DeBN) Section J, Attachment 27 Debtor Electronic Bankruptcy Noticing DeBN Specifications

The method has been confirmed.

85. The B table indicates that this is per mailing.

Shouldn’t the unit of measure be “per notice” and shouldn’t the quantities be integers?

RFP Reference: Attachment J 33

The unit is revised to per notice. The quantities have been updated as integers.

86. Per the Government’s requirement for email submission of proposals, please advise if there are any file size restrictions for submission of proposals via emails to the email address provided in Section L RFP Reference: Amendment 0001, L-2.0

INSTRUCTIONS FOR SUBMISSION OF

PROPOSALS, page 80

See response to question 68.

87. Will the Government accept the provision of an introduction and summary that is included within the 21 total page limits of this section?

RFP Reference: Technical Factor 3: Past Performance

Yes.

88. We request that the Government include the ability for an offeror to utilize 11 x 17 pages in the proposal, counted as one page, to facilitate presentation of content, particularly information associated with pricing.

RFP Reference: L.2.1 Proposal Format, paragraph Page Limitations

89. On page 85, the RFP states that Factor 2: Technical Capability shall not exceed 50 numbered pages.

However, when the suggested page limitations included in various subsections are added up the total is 63 pages. Will the Government revise the page limitation of Factor 2: Technical Capability to the total number of suggested pages for this section?

RFP Reference: RFP Section L, Factor 2: Technical Capability, pages 85-88

Yes.

90. Section L states that Contractor must describe its capability to perform all requirements in Section C.4.2 (and its subsections). Sections C.4.2.1 and C.4.2.4 are also specifically identified for responses by the Contractor. Please confirm if Contractors are to respond to section C.4.2 and all of its subsections or to respond solely to subsections C.4.2.1 and C.4.2.4.

RFP Reference: Amendment 0001, Section L, C.4.2 Notice Production, page 83 of 91 Amendment 0001, Section L, C.4.2.1 Notice Format, Amendment 0001, Section L, C.4.2.4 Increases in Daily Workload and Annual Growth, pages 84 of 91

Yes, contractors are to respond to section C.4.2 and all of its subsections.

91. Section L states that Contractor must describe its capability to meet the requirements of Section C.4.5 (and its subsections). Section C.4.5.2 is also specifically identified for a response by the Contractor. Please confirm if Contractors are to

Yes, contractors are to respond to section C.4.5 and all of its subsections.

respond to section C.4.5 and all of its subsections or to respond solely to subsection C.4.5.2

92. Per the references provided, there are separate responses for what appear to be the same requirements for a Quality Control Plan and Contingency Plan. In consideration of the duplication of information and its impact on page limits, would the Government consider removing the requirements in the task areas of Factor 2 for Contractors to respond to sections C.9.7 and C.10?

RFP Reference: Amendment 0003, Section L, Factor 2: Technical Capability, page 83 of 91, paragraph 3;

Section L, Factor 2: Technical Capability, page 83 of 91, paragraph 4;Section L, Factor 2: Technical Capability, C.9.7.1 QC Plan, C.9.7.3 Effectiveness of Contractor QC Program, page 85 of 91; Section L, Factor 2: Technical Capability, C.10 Contingency Plan, page 85 of 91

11/29/2018 - Amendment 0006: Offerors must demonstrate in their proposal, that they have an understanding of all elements of Section C and proposals shall include documents and information required in Section C.

93. In consideration of the quantity of requirements within this section of the RFP that Contractors are to respond, along with the detailed narrative required to provide a compliant response, we request that the Government increase Factor 2’s overall page limit to 75 pages.

RFP Reference: Amendment 0003, Section L, Factor 2: Technical Capability, pages 83-86.

The overall page limit for Factor 2 is increased to 75 pages.

11/29/2018 - Amendment 0006: [updated response] The overall page limit for Factor 2 is increased to 80 pages. Also, see response to question #47.

94. The attached files to Amendments 0002 and 0003 have file names that are different from their amendment numbers. Amendment 0002’s attachment is Amendment_0001_–_USCA18R0158_–_ Attachment_J-37_-_Jud…; Amendment 0003’s attachments are

11/29/2018 - Amendment 0006: A mistake was made to the posting; however, the information does not change. All Offerors should review all Amendments before submitting a proposal.

AMENDMENT_0002_RFP_USCA18R0158_BNC.p df and AMENDMENT_0002_ATTACHMENT_J_–

38_BNC_PAST_PERFORMANCE_QUESTIONNAI

RE.pdf. Would the Government consider renumbering and reissuing the amendments to correct these differences?

RFP Reference: Amendment 0002, posted on August 16, 2018; Amendment 0003, posted on August 29,

95. Amendment 0002 did not include an SF 30 document.

Will the Government provide the SF 30 for Amendment 0002?

RFP Reference: Amendment 0001, Section L Factor 3: Past Performance, page 88 of 91 Amendment 0002

11/29/2018 - Amendment 0006: See response to question 94.

96. On page 88 of Amendment 0001, the requirements for this factor states, “the Offeror shall describe three past performance efforts under Part 1. Each effort described under Part 1 shall not exceed three numbered pages, with no smaller than 11 pt. Times New Roman type.” However, on page 86 of the same amendment the page limit requirement for Factor 3:

Past Performance states, “proposal shall not exceed 21 numbered pages, or more than 7 numbered pages for each work effort described.” Please clarify the number of pages required under Part 1 of the Past Performance Questionnaire, and whether these pages are included within the current total 7 pages for each citation.

Yes, the number of pages required under Part 1 of the Past Performance Questionnaire, and these pages are included within the current total 7 pages for each citation.

97. Does the quantity of electronic noticing projected for CLIN 3006 and the percentage of electronic notices cited in paragraph C.2.3 take into consideration the impact of the requirement to only send one notice to

11/29/2018 - Amendment 0006: No.

an electronic recipient (i.e., eliminate redundant notices) as cited in paragraph C.2.3: “Duplicate addresses of EBN subscribers for a notice event are bypassed and noted as such on the Certificates of Notice.”? RFP References:

98. The Government did not supply the Excel spreadsheet equivalent to J-33 for the pricing submission. Will this be provided in a future amendment?

11/29/2018 - Amendment 0006: Yes. Please see revised Attachment J-33.1 .1 BNC FY19 Procurement Worksheet – Section B.

99. The volume band description and the description of CLINS 3007-3009 conflict with the description provided in section B. The SOW does not provide for the option of a 1 day production cycle (This was a concept at DRFP time that was dropped). We therefore assume that the description of the CLIN in B.3.d applies and that the description on the pricing spreadsheets will be changed to match it. Is this correct?

11/29/2018 - Amendment 0006: These CLINs are not related to the 1-day production cycle.