News Column

Combine Solicitation - e-Discovery Software

June 30, 2014



Notice Type: Combine Solicitation

Posted Date: 28-JUN-14

Office Address: Department of Commerce; National Institute of Standards and Technology (NIST); Acquisition Management Division; 100 Bureau Drive, Building 301Room B130 Gaithersburg MD 20899-1410

Subject: e-Discovery Software

Classification Code: D - Information technology services, including telecommunications services

Solicitation Number: GG000000-14-04159

Contact: Prateema E. Carvajal, Phone 301-975-4390, Email prateema.carvajal@nist.gov - Timothy Karol, Contract Specialist, Phone 301-975-8249, Email timothy.karol@nist.gov

Setaside: Total Small BusinessTotal Small Business

Place of Performance (address): Department of Commerce, Office of the Inspector General1401 Constitution Ave Washington, DC

Place of Performance (zipcode): 20230

Place of Performance Country: US

Description: Department of Commerce

National Institute of Standards and Technology (NIST)

Acquisition Management Division

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENT SHALL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES. This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-74. The associated North American Industrial Classification System (NAICS) code for this procurement is 511210 with a small business size standard of $30.5M. This requirement is a 100% Small Business Set-Aside. 1352.215-72 INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist (prateema.carvajal@nist.gov). Questions should be received no later than 7 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. Background Information: The United States Department of Commerce, Office of the Inspector General (DOC/OIG) seeks to establish content based digital forensic analysis and organizational system to facilitate investigative analysis, case management, and development of an e-Discovery platform consistent with the Electronic Discovery reference Model (EDRM) published in 2006. This is a Brand Name or EQUAL requirement in accordance with FAR 52.211-6. All responsible quoters shall provide a Firm-Fixed Price quotation for the following line items. The period of performance for the Base Year will be 12 months from date of award. Option year 1, period of performance will be 12 months. LINE ITEM 0001: ONE (1) EACH, P/N EDYOO8, EDISCOVERY WORKSTATION 8 COR COMP ANNUAL (COMPETITIVE UPDGRADE) NUIX OR EQUAL LINE ITEM 0002: BASE YEAR: TWENTY (20) EACH, P/N EDISCOVERY REVIEWER NUIX OR EQUAL LINE ITEM 0003: BASE YEAR: TWO (2) EACH, P/N EDY013 NUIX E DISCOVERY WORKSTATION ADDITONAL CORES+2 OR EQUAL LINE ITEM 0004: BASE YEAR: ONE (1) EACH, P/N INV000 NUIX MANAGEMENT SOFTWARE OR EQUAL LINE ITEM 1001: OPTION YEAR 1: TWENTY (20) EACH, P/N EDISCOVERY REVIEWER NUIX OR EQUAL LINE ITEM 1002: OPTION YEAR 1: TWO (2) EACH, P/N EDY013 NUIX E DISCOVERY WORKSTATION ADDITONAL CORES+2 OR EQUAL LINE ITEM 1003: OPTION YEAR 1: ONE (1) EACH, P/N INV000 NUIX MANAGEMENT SOFTWARE OR EQUAL LINE ITEM 1004: OPTION YEAR 1: ONE (1) EACH, P/N INV000 NUIX MANAGEMENT SOFTWARE OR EQUAL Shall meet or exceed the following salient characteristics: The Contractor shall provide a commercial off the shelf solution for an enterprise e-Discovery software system that will operate in a secure, centralized processing solution that supports 20-30 system users. The DOC/OIG will supply the hardware components of such a system. This requirement is for only for the purchase of a software solution that includes the following: 1. First, for an interface for the ingestion and upload of documents and evidence (Intake). IT shall interface with the scanner to accept paper documents and also process electronic records for analysis. It shall be capable of conducting electronic bate-stamping, filtering, extracting metadata, creating full text, and perform optical character recognition (OCR). 2. The second component is the analytics and presentation aspects of a system, (Review Platform). User's mange the case: highlighting, tagging, and organizing key evidence, conducting searches and inquires, providing varied production capabilities and similar review capabilities. The software solution shall have the ability to perform near-deduplication which is an important investigative and e-Discovery tool, as well as bulk redaction and production of lead files. 3. The e-Discovery system operates on the OIG IT infrastructure, consistent with IT security requirements. OIG plans to utilize network attached scanners for paper to load file production and utilize a review platform for review capability. The infrastructure includes a network utilizing two servers to operate the functions of the e-Discovery system and a Network Attached Storage (NAS) device for file storage. Technical Requirements of the Software Solution 1. The ability to process text, metadata, images, and binary data at an average of 1 TB per day or greater. 2. 2. The ability to tract data from hard drives, flash memory, smartphones, file shares, Lotus Notes, Microsoft Exchange, Microsoft SharePoint and common forensic images and common programs such as Microsoft Office products; Corel WordPerfect office Suite documents and similar commonly used programs. 3. Intake raw data from different sources (ie Outlook, Excel, Adobe, Word, Microsoft Exchange) and produce a workable product that can be applied to a case and uploaded to CMS, OIG new electronic case management system.

4. The capacity to export load files into all major legal export formats and review platforms commonly utilized on all commonly used e-Discovery platforms.

5. Intuitive, user friendly interface which makes it easy to investigate, analyze, and review content.

6. The ability to cluster related documents and common grouping of words.

7. The ability to predictively and automatically classify evidence based on statically analysis and machine learning techniques.

8. Make distinctions on duplications of records, even in different native formats. Records production often result in 20-30% of the records being duplicates, which slows the review process, so being able to quickly group records in an important feature.

9. Automatically detect common phrases found amongst the many documents in the database.

10. Allow OIG to review documents in a timely manner and produce documents sets for criminal or civil discovery, suspension and debarment proceedings, FOIA request, or other requests quickly and easily.

11. Conduct email thread analysis and reconstruct email conversations from multiple sources so investigators can read them in the order sent between individuals.

12. Identify duplicate documents to see which suspects have received or sent key emails, documents or attachments; to analyze how documents have changed over time or to find related documents that use similar language.

13. Conduct bulk redaction on large file sets.

14. Use de-duplicate technology to speed the process of identifying relevant evidence in unallocated clusters by connecting recovered data to similar content in allocated files. 15. Conduct the same searches and analyses across multiple devices, file systems and platforms either in a single step or by creating automated repeatable investigation workflows. 16. View keywords in contextual clusters of surrounding words, reducing the incidence of false positives in search results. 17. Combine near duplicate and word context analysis to quickly identify and eliminate large quantities or irrelevant data. 18. By being able to cull data evidence through indexing, cross referencing and basic analytics functions, it shall produce relevant evidence in obvious locations 19. Automate searches for lists of words that contain commonly used fraud terms and suing fraud triangle analysis to identify links between pressure, rationalization and incentive to commit fraud. 20. Graphically represent data through network diagrams, timelines, link analysis and data trend charts to make patterns more apparent. Interactive graphical display that enables reviewers to drill down to the most pertinent information quickly. 21. Replies to subpoenas requests are frequently being produced in load files from e-Discovery systems in use by banks, law firms, and larger companies. Prosecutors are expecting digital evidence and the courtroom are outfitted for e-Discovery, nearly every prosecution presentation is being done with automated systems, projected images and the ability to pull evidence at a moment's notice though electronic means. The capability of load formats is needed.

The Software System must operate in the following IT environment: 1. Effectively utilize a minimum 8 core, 128 GB RAM server system for fast processing speeds. 2. Support hardware capable of processing 5 GB of data per core per hour up to 40GB per hour for an 8 core system. 3. Provide for remote view functionality for all concurrent users. 4. Run on Windows 2008 R2 enterprise operating system. 5. Allow software to run utilizing both a management server and local desktop install of the review software or virtualized access to management server utilizing the desktop as a remote terminal with all processing ebbing carried out to the server side.

Delivery terms shall be FOB Destination. The contractor shall deliver all line items to Department of Commerce, Office of the Inspector General, Washington, DC 20230.

Evaluation will be based on the following criteria: 1) Technical capability factor "meeting or exceeding the requirement" and 2) Price. Award will be made to the lowest price, technically acceptable quote inclusive of all options. Vendors shall submit pricing for all Line Items in order to be considered for award. Technical Capability: Evaluation of Technical Capability will be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all minimum requirements. Quotations that do not demonstrate the proposed software meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. Price: Quoted price willl be evaluated for reasonableness. 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) Inspection will be done at the OIG facility. All minimum specifications must be successfully demonstrated. The full text of a CAR provision or clause may be accessed electronically at http://farsite.hill.af.mil/vfcara.htm 1352.201-70 Contracting Officer's Authority; 1352.209-73 Compliance with the laws; 1352.209-74 Organizational conflict of interest 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION ATTN: Timothy Karol, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington, D.C. 20230. FAX: (202) 482-5858

The full text of a FAR provision or clause may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following provisions apply to this acquisition: 52.212-1 Instructions to Offerors-Commercial Items; 52.212-3 Offerors Representations and Certifications- Commercial Items. Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following clauses apply to this acquisition: 52.212-4 Contract Terms and Conditions-Commercial Items; 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items including subparagraphs: 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) 52.209-6, Protecting the Government's Interest When subcontracting with Contractors Debarred, suspended, or Proposed for Debarment 52.211-6, Brand Name or EQUAL 52.219-6, Notice of Small Business Set-Aside 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 52.209-10, Prohibition on contracting with Inverted Domestic corporations 52.217-9, Option to extend the term of contract 52.219-6, Notice of Total Small Business Set-Aside52.219-28, Post-Award Small Business Program Re-Representation; 52.222-3, Convict Labor; 52.222-19 Child Labor - Cooperation With Authorities And Remedies; 52.222-21, Prohibition of Segregated Facilities; 52-222-26, Equal Opportunity; 52.222-36, Affirmative Action for Workers with Disabilities; 52.223-18, Contractor policy to ban text messaging while driving; 52.225-1, Buy America Act- 52.225-13 Restriction on Certain Foreign Purchases; 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration. Department of Commerce Agency-Level Protest Procedures Level above the Contracting Officer is also incorporated. It can be downloaded at www.nist.gov/admin/od/contract/agency.htm. All quoters shall submit the following: 1) An original and one (1) copy of a quotation which addresses Line Item 0001; 2) An original and one (1) copy of the technical description and/or product literature; 3) An original and one (1) copy of the most recent published price list(s); 4) Country of Origin information for the line item. Acceptance of terms and conditions (addendum to FAR 52.212-1(b)(11): This is a Combined Synopsis/Solicitation for software as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that shall include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows: The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government shall accept the quoted price. However, the terms and conditions stated herein shall be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation. All quotes shall be received not later than 12:00 PM, ET, on July 11, 2014 at the National Institute of Standards & Technology, Acquisition Management Division, 100 Bureau Drive, Building 301, Room B162, Mail Stop 1640, Gaithersburg, MD 20899-1640, Attn: Prateema Carvajal. Fax quotations willl not be accepted. Email quotations willl be accepted at Prateema.carvajal@nist.gov. Offeror's quotations will not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above. Because of heightened security, FED-EX, UPS, or similar delivery methods are the preferred method of delivery of quotes. If quotes are hand delivered, delivery shall be made on the actual due date through Gate A, and a 24-hour (excluding weekends and holidays) prior notice shall be provided to Prateema Carvajal, 301-975-4390.

Link/URL: https://www.fbo.gov/spg/DOC/NIST/AcAsD/GG000000-14-04159/listing.html


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