FLASH Industry Day QA (17 Feb 2021).pdf

FLASH – Industry Day Q&A ‐ 17 FEB 2021

No. Question: Response:

1 Will the Army consider an 8(a) or a small business set aside.

No determination has been made pertaining to full and open competition or some type of set‐aside.

2 What impact level is required for the cloud hosting and FedRamp Certification, relates to the Security Assessment

Our IS/network environment is a high categorization (the cloud‐based legal service provider would need to meet certain requirements for their FedRamp certification). If our end users are going into the cloud service provider's environment from a web‐based tool (processing, review, hosting), their cloud solution need not be at the FedRamp high categorization. But any cloud support provider that reaches back to our environment (emulator, add‐on, plug‐in) has to be able to support the High categorization. The cloud service provider needs to have a minimum categorization to support PII, Privacy, etc., and FedRamp moderate should suffice on the NIPR side.

3 For SIPR data, is it correct that everyone who has access to the data, not just those that view the data, require a clearance?

Yes, anyone who has access to the data require a clearance at the SECRET level.

4 What is current volume of data that comprises the 5% expected to be handled under this contract?

Current volume is not determinative at this point, but the data for any given case could be 100 GB+, and across the 5% expected to be handled under this contract could be 2 TB+ across all cases.

5 How many labor hours are currently used to satisfy the entire caseload, not just the 5% expected to be handled by this contract?

It is estimated to be in excess of 20K hours across the entire caseload, both in‐house with the eDiscovery Division, and through the FLASH contract.

6 How many times in the past 12 months has there been a need for physical services, boots on the ground, outside of the continental United States?

We cannot answer this question due to the current Covid‐19 pandemic for the past 12 months, but we anticipate 1‐2 times annually in the future.

7 How many times in the past 12 months has there been a need for trial support?

We cannot answer this question due to the current Covid‐19 pandemic for the past 12 months, but we anticipate 6‐7 times annually in the future.

8 For subject matter experts, how much lead time is generally given between identification of the need for an expert, and the expert being needed either onsite or remotely?

30‐60 day lead time.

9 Currently, a significant majority of confidential and privileged commercially managed reviews leverage remote reviewers using specific security requirements to ensure data protections, etc. This has greatly decreased the need for expensive office space and therefore has produced large savings for these projects, while still maintaining quality reviews.

For this reason, this new remote model will likely continue commercially after the Covid 19 precautions are lifted. Does the Army envision

Yes the Army envisions remote managed reviews involving projects that do not quire SIPR protections, when the data is in electronic format, with the caveat that large record‐sets may be in hardcopy and require scanning in order to be hosted in a review platform for remote managed review, and there may be a need for contractors and JAGs to be present in person to review original hardcopy records.

remote managed reviews involving projects that do not require SIPR protections?

10 How are our responses to the FLASH Industry Day questions weighted in the overall RFP evaluation process?

The Government is responding to questions for informational purposes, and neither are applicable to a future solicitation evaluation.

11 If an internet‐connected information system is used, will JAGC allow their NIPR systems to connect directly to our cloud or will a DISA approved CAP (Cloud Access Point) be required?

No we do not give outside third parties the ability to connect to our boundaries.

12 During the presentation the “Contract Strategy” slide we noticed an ODC CLIN for travel. Will JAGC consider including an ODC CLIN (non‐travel) for general litigation support‐related costs (i.e. external media; blowback binders, paper, etc.)?

Yes, the JAGC will consider including an ODC CLIN (non‐ travel) for general litigation support‐related costs (supplies and materials).

13 Please clarify how JAGC intends to use and establish the 47,000 square‐foot document center. For example:

a. Contractor support for an existing government facility where government has the facility and equipment and needs contractor to provide staff; or,

b. The Contractor to identify, lease, build out, furnish, etc. to set up 47,000 square‐foot facility, and run it and directly bill the government for 100 % of the facility and operating costs. In particular, the government should detail the requirements that would require such a large facility.

This scenario is from the RFI, but the likelihood of this scenario playing out is slim. This scenario was developed to gleam whether the Contractor can identify, lease, build out, furniture, etc. to setup a 47,000 square‐foot facility, and run it and directly bill the Government for 100% of the facility and operating costs associated with work under the FLASH contract.

14 Under “Provide Managed Review services,” the SOW discusses a 47,000 square foot document center for a handful of JAGC attorneys/paralegal teams to handle a variety of litigation‐related tasks. Does JAGC envision the SCIF for reviewing classified data as part of this larger center, or is the SCIF a facility/location separate from the document center?

This scenario is from the RFI, but the likelihood of this scenario playing out is slim. In the scenarios, the JAGC envisions this space to be used primarily as a document review center, but it could have a designated SCIF area in the building. The contractor may need to stand up a SCIF at a facility/location separate from the document center scenario.

15 Will USALSA accept an IL 6 authorized cloud solution in place of an on‐premise instance?

No, IL6 is just one factor in the classified data discussion.

The legal services provider would need a direct on‐ premise drop/instance to support classified data.

16 SCIF SIPR space ‐

a. What work will be conducted in this space? i.e.

storage, hosting, scanning, etc.

b. What are the size requirements for this space?

C. When will this space need to be available?

a. All of the above

b. Dependent on the case and number of resources who will need to access

c. ASAP when a case need arises

17 What are you estimating to be the overall contract value?

This information is not available a this time.

18 What is the estimated breakdown of classified and unclassified work?

10‐15% entirely classified, but majority of the cases will be hybrid or entirely unclassified

19 Do you envision on‐site work? If so, what type? Yes, all aspects of EDRM and specialized professional legal services may require on‐site work.

20 Is the 47,000ft facility requirement to be SCIF space, or is the ability to stand‐up other external SCIF spaces as needed the only SCIF space requirement?

This scenario is from the RFI, but the likelihood of this scenario playing out is slim. In the scenarios, the JAGC envisions this space to be used primarily as a document review center, but it could have a designated SCIF area in the building. The contractor may need to stand up a SCIF at a facility/location separate from the document center scenario.

21 Are you requiring contractors to have physical spaces both CONUS and OCONUS, or would the government be willing host for OCONUS requirements?

The contractor may be required to setup physical spaces both CONUS and OCONUS, but the Government may be able to host for both CONUS and OCONUS requirements.

If the contractor is accessing a Government installation, the contractor will be required to maintain appropriate clearance to access those Government facilities.

22 Does the government have OCONUS locations/countries identified, and/or is there an estimated LOE on the OCONUS work?

The OCONUS locations/countries identified are anywhere that the U.S. Army may be present, and will include any country where there is an Army installation.

The Government does not have an estimated LOE on the OCONUS work, but projects 1‐2 cases annually requiring OCONUS work.

23 Are there preferred software solutions currently in use that the government would like to continue to utilize, and if so, can the government identify them?

The Government has no preferred software solutions, but requires that the contractor be able to support all EDRM functions from forensic collection, decryption, processing, scanning, review, analytics, and production with UIs that are use friendly, and anticipates training and support for any tools that the JAGC will be interfacing with.

24 Can the government clarify the comment from Industry Day which referenced 100 legal cases, is this concurrent work or a predictable ebb and flow?

The Industry Day reference to 100 cases is the total cases that the Army's eDiscovery Division currently supports in‐house, and is a combination of concurrent work and predictable ebb and flow (cases that are dormant for a time period but still considered active)