Commercial Data Hub Pilot Program

Questions & Answers / Clarifications

This document provides responses to questions submitted by potential vendors regarding the Commercial Data Hub Pilot Program solicitation (RFP 1331L524R13OS0005).

• Enterprise Use: The pilot period is intended for enterprise-wide use.
• NAICS Code: The applicable NAICS Code is 519290 (Web Search Portals and All Other Information Services).
• Data Prioritization: Evaluation of data sets will depend on assessed technical value, Government confidence in contractor capacity, compliance with Federal requirements, price, and funding availability. Different subject areas may have different budget constraints.
• Data Scope: Data is not limited to the United States; global data is encompassed. DOC does not have specific requirements for content of commercial data sets, but will use data to fulfill its mission of creating conditions for economic growth.
• Data Delivery: Delivery is anticipated through bulk access via S3 buckets, APIs, or data cloud alternatives. Multiple methods can be employed based on bureau needs.
• Monitoring & Alerting: Monitoring and alerting capabilities for data updates are not anticipated at this time.
• Data Updates: Frequency of data updates will be determined by individual bureaus.
• Sample Data: Sample data may be included with proposals. Offerors are advised not to include login credentials for contractor sites in initial proposals.
• Multiple Proposals: Offerors may submit more than one proposal, with each proposal evaluated on its own merits.
• Award Anticipation: The Government anticipates making more than one award, as the data requirements are not expected to be available from a single provider.

These clarifications provide additional detail on the scope, evaluation, and submission requirements of the solicitation. No specific changes to due dates or submission rules were noted in this document.

Solicitation / RFP / RFQ

This solicitation is for an open and continuous procurement to acquire commercially available data for the Department of Commerce (DOC) through a Commercial Data Hub Pilot Program. The program aims to acquire data as an enterprise, provide shared access across bureaus, and promote standardized data delivery. The North American Industry Classification System (NAICS) code is 519290 – Web Search Portals and All Other Information Services. The acquisition will utilize Simplified Acquisition Procedures under FAR Part 13, Subpart 13.5, for commercial products and services, with a maximum value not exceeding $7.5 million.

The scope includes commercially available data within various subject areas, with a preference for bulk data and platform-as-a-service providers offering unique proprietary datasets. Data delivery is expected via S3 buckets, APIs, or data cloud alternatives. Specific data categories include:

• Business Governance Data

• Consumer Data (e.g., spending transactions, retail sales)

• Financial Data (e.g., investment, cryptocurrency, corporate, tax data)

• Health Data (e.g., medical care prices, claims microdata, insurance databases)

• Real Estate Data

• Supply Chain Data (e.g., shipper, consignee, beneficial ownership)

• Telecommunications Data (e.g., ICT industry, satellite, cloud computing)

• Transportation Data (e.g., motor vehicle, ocean vessel)

• Contract Type: Fixed Price.

• Period of Performance: Negotiated at contract award, typically including a base year and up to 4 option years.

• Pricing: Awardee's commercial item pricing schedule will be incorporated.

• Proposals are due by December 31, 2024, 4:30 PM ET.

• Proposals must be submitted via email to CommercialDataHub@doc.gov.

• Proposals consist of three volumes: Technical (10 pages), Past Performance (5 pages), and Business & Price (No page limit).

• Evaluation Factors: Technical (most important), Past Performance, and Business & Price. Technical and Past Performance are approximately equal, and combined, are approximately equal to the Price factor.

• Evaluation will consider technical value, past performance, business terms compliance, price fairness, and availability of funds.

This solicitation contains a reserve for small business concerns, with specific goals for Small Business (30%), Small Disadvantaged Business (5%), Service Disabled Veteran Owned Small Business (3%), Women Owned Small Business (5%), and HUBZone Small Business (3%).

This is an open and continuous solicitation, with proposals accepted at any time until December 31, 2024, and may be extended. The government may elect to conduct evaluations quarterly or on another interval basis. Offerors must include complete information regarding potential organizational conflicts of interest.

Amendment / Modification

This document is an addendum to the Contractor's standard license terms and conditions for the Contractor Product, as offered in response to RFP No. 1331L524R130S0005. It modifies and amends the Commercial License to align with federal procurement law and Government requirements.

Key modifications and disclaimers include:

• The Commercial License will be governed solely by U.S. Federal law and venue.
• "Click through" licensing terms that attempt to bind the Government as an end user to terms not part of the RFP are disavowed.
• The Government will have no indemnification obligations to the Contractor.
• Price escalation, reimbursement, surcharges, liquidated damages, and audit costs are revoked in favor of RFP terms and the prime contract.
• Provisions imposing penalties for late payment are revoked and will be governed by the prime contract and the Prompt Payment Act.
• Provisions seeking to impose attorney fees on the Government are revoked in favor of the prime contract and the Equal Access to Justice Act.
• Provisions assessing liability for taxes on the Government are revoked in favor of federal law and the prime contract.
• Provisions attempting to impose third-party license terms on the Government are revoked.
• Provisions imposing automatic renewal obligations or violating the Anti-Deficiency Act are disclaimed.
• Dispute resolution provisions are revoked and will be as prescribed in the prime contract or subcontract.
• Clauses subjecting the Government to equitable remedies and injunctions are revoked in favor of federal laws.
• Contractor's ability to unilaterally terminate or modify agreements does not apply to the Government and is governed by federal law and the prime contract.
• Provisions concerning assignment are revoked in favor of RFP terms and applicable federal law.
• Provisions imposing state law rather than federal law on the Government are revoked.
• The Government will not take licenses to Contractor trademarks or know-how, but will respect trademarks and treat know-how as technical data.
• Clauses contrary to federal procurement law are revoked in favor of federal law and prime contract terms.
• The Government may use data received under the contract consistent with RFP and contract terms.

This addendum supersedes any conflicting terms in the Contractor's Commercial License and is incorporated as an attachment to the resultant contract.

This addendum clarifies and modifies the terms that will govern the license agreement associated with the awarded contract. Bidders should ensure their proposals and understanding of the contract terms reflect these modifications.