Government_response_to_Offeror's_submission_questions_Phase_1_dtd_10-29-2018.pdf

RFP USCA18R0158 – BANKRUPTCY NOTICING CENTER - BNC

Government response to Offeror’s submission questions – Phase 1

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, page 83 of 91

The requirement of submitting a response to C.3 has been removed.

C.3.1 must be addressed.

5. 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, page 83 of 91

The requirement of submitting a response to C.3 has been removed.

C.3.1 must be addressed.

6. 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

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

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, page 83 of 91 Amendment 0001, Section L, C.4.2.4 Increases in Daily Workload and Annual Growth, pages 84 of 91

7. 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 84 of 91 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.

8. 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.

9. 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.

There is a 5-page limit for this section.

RFP Reference: Amendment 0001, Section L, C.9.7.1 QC Plan,

10. 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.

11. 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 91

No.

12. 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 retained.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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 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

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.

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.

23. 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 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.

24. 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?

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

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.

25. 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.

*Please note: The Second Phase of Q&A’s will be posted on or before Thursday, November 1, 2018. It is anticipated that the next formal amendment will be posted November 6, 2018. Proposals will be due on December 6, 2018.