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FBO DAILY ISSUE OF JANUARY 05, 2002 FBO #0034
PRESOLICITATION NOTICE

R -- Litigation Support

Notice Date

1/3/2002
 

Notice Type

Presolicitation Notice
 

Contracting Office

Department of State, Office of Logistics Management, Acquisition Management, SA-6, 2nd Floor P.O. Box 9115, Rosslyn Station, Arlington, VA, 22219
 

ZIP Code

22219
 

Solicitation Number

S-LMAQM-02-R-0016
 

Response Due

1/14/2002
 

Archive Date

1/29/2002
 

Point of Contact

Patricia Horvath, Contract Specialist, Phone 703 875 4684, Fax 703 875 5272, - Michael Larson, Contract Specialist, Phone 7038756672, Fax 7038756006,
 

E-Mail Address

horvathpa@state.gov, larsonms@state.gov
 

Description

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format of Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only written solicitation; Proposals are being requested and a written solicitation will not be issued. All proposals must reference the RFP number S-LMAQM-02-R-0016 and incorporated provisions and clauses are those in effect through FAC 97-23 and are provided in this synopsis/solicitation. The North American Industry Classification System (NAICS) is 541110. The size standard is $5.0M. The proposed contract is a time and material with fixed rates. The contract will have a base year with two (2) 1year option periods. Selection will be based on best value utilizing Technical/Past Performance, and Cost. Technical is weighted more than Cost. All offerors must comply with the following Statement of Work and CLINS in order to be considered. DESCRIPTION/SPECIFICATIONS/WORK STATEMENT PURPOSE: The purpose of this contract is to provide the Department of State (DOS) with litigation support to effectively defend the Department in litigation pending before the Merit Systems Protection Board (MSPB). Under the direction of the Department?s Office of the Legal Adviser, the contractor shall represent the DOS in the litigation by dedicating a team of highly experienced litigation personnel and support services to the case. BACKGROUND A former employee has filed an action against the DOS with the Washington, D.C. Regional Office of the MSPB. The former employee alleges that various current and former high level officials at the DOS retaliated against her because she made numerous protected disclosures to Congress and the media regarding waste, fraud and abuse at the United Nations. Specifically, the former employee complains of a poor performance rating and other acts, which she claims ultimately, led to her removal from the DOS. The former employee?s allegations have been the subject of extensive media coverage and have garnered the attention of a significant number of members of Congress. The Department has been defending the litigation before the MSPB for approximately one-year. To date, the parties have completed two rounds of written discovery and filed the concomitant motions. The parties have produced more than 3200 pages of documents. The former employee has been deposed along with one Department official. Additional depositions can be expected along with various pre-hearing briefs. The DOS estimates that the hearing in this matter could involve as many as thirty-five witnesses and proceed for as many as 40 days. USER ORGANIZATION Within the Department, the Office of the Legal Adviser will direct and monitor the services provided under this contract. The headquarters of the Office of the Legal Adviser is located at U.S. Department of State, 2201 C Street, NW, Washington, D.C. 20520. STATEMENT OF WORK Technical Requirements Offerors shall describe their litigation department and its approach to large, complex cases involving senior level officials. The offeror shall provide clear demonstrated examples of their expertise in litigating such cases. In addition, a description of the firm?s practice in the areas of employment law, government relations, and litigation before administrative agencies or bodies shall be provided. To the extent the offeror has had experience dealing with the issues relating to whistleblowers, US Congressional appropriations and/or US funding of international organizations, it shall be described. All offerors shall also describe their past experience in representing government agencies and U.S., state or foreign governments. Demonstrated Experience of Litigation team An original and two copies of each resume shall be provided for all personnel proposed. DOS intends to include a key personnel clause. The Offeror understands that a partial basis for award of this contract is the list of key personnel proposed. The Offeror further understands that no substitution shall be made without prior notification to and concurrence of the Contracting Officer. All proposed substitutes shall meet or exceed the qualifications of the person/persons to be replaced. Resumes shall clearly state each individual's degree of significant experience as it relates to this solicitation. The proposed team shall be evaluated on the following experience being demonstrated: (a) Experience in litigating large, high profile, heavily publicized lawsuits. (b) Experience in litigating cases before the MSPB, federal district courts and federal courts of appeal, including, in particular, the Federal Circuit. (c) Demonstrated success in litigating cases described in subsection (a) and (b) above. (d) Experience in representing senior level executives. Resource Capabilities. Offerors are to demonstrate that they have the capabilities and resources to accomplish their proposed litigation approach. The offeror will be evaluated on the degree to which it can demonstrate the following: (a) Currently maintains offices in Washington, D.C. and New York, New York (b) Existence of a document management system, including imaging processing abilities and the ability to manipulate imaged data. (c) Ability to communicate electronically with the DOS. The DOS utilizes Microsoft Word word-processing system. THE OFFEROR SHALL PRICE OUT THE FOLLOWING CLINS: Note: Offeror shall provide the hourly rates of the attorneys and support staff individuals handling the case. It should also include an estimate of the total litigation cost. Alternative fee proposals are encouraged along with creative cost control arrangements. CLIN 0001 Labor (must reflect both type and level of personnel proposed with hourly rates) CLIN 0002 TRAVEL (Travel and per diem will be a cost-reimbursement item and will be reimbursed based on actual cost in accordance with the Joint Travel regulations). CLIN 0003 OTHER DIRECT CHARGES (ODC?s) (This includes but is not limited to items such as service fees, deposition transcripts, duplicating costs, computerized research and other items authorized by the government (name provided at award) as direct charges. 52.52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2001) 52.FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2001) (DEVIATION) (a) The Contractor shall comply with the following FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items: (1) 52.222-3, Convict Labor (E.O. 11755). (2) 52.233-3, Protest After Award (31 U.S.C. 3553). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components: [Contracting Officer must check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (Jan 1999). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 1999) (if the offeror elects to waive the preference, it shall so indicate in its offer). ___ (4)(i) 52.219-5, Very Small Business Set-Aside (Pub. L. 103-403, section 304, Small Business Reauthorization and Amendments Act of 1994). ___ (ii) Alternate I to 52.219-5. ___ (iii) Alternate II to 52.219-5. ___ (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)). ___ (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)). ___ (7) 52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)). ___ (8)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). Para. (b)(1) Fill-In: "Ten Percent" ___ (ii) Alternate I of 52.219-23. ___ (9) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (10) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). Para. (b) Fill-In: "___ Percent" ___ (11) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (12) 52.222-26, Equal Opportunity (E.O. 11246). _X_ (13) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). _X_ (14) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793). _X_ (15) 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212). X__ (16) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (E.O. 13126). ___ (17)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)). ___ (ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). ___ (18) 52.225-1, Buy American Act--Balance of Payments Program--Supplies (41 U.S.C. 10a - 10d). ___ (19)(i) 52.225-3, Buy American Act--North American Free Trade Agreement--Israeli Trade Act--Balance of Payments Program (41 U.S.C. 10a - 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note). ___ (ii) Alternate I of 52.225-3 ___ (iii) Alternate II of 52.225-3 ___ (20) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (21) 52.225-13, Restrictions on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129). ___ (22) 52.225-15, Sanctioned European Union Country End Products (E.O. 12849). ___ (23) 52.225-16, Sanctioned European Union Country Services (E.O. 12849). ___ (24) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (31 U.S.C. 3332). _X__ (25) 52.232-34, Payment by Electronic funds Transfer--Other than Central Contractor Registration (31 U.S.C. 3332). ___ (26) 52.232-36, Payment by Third Party (31 U.S.C. 3332). ___ (27) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). ___ (28)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241). ___ (ii) Alternate I of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial items or components: [Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.) [Subcontracts for certain commercial services may be exempt from coverage if they meet the criteria in FAR 22.1003-4(c) or (d).] ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.). (d) Comptroller General Examination of Records. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at FAR 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under FAR Part 15), in a subcontract for commercial items or commercial components-- (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (4) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996); and (5) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.). 52.FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: __Technical , Resource Capabilities and Past Performance __Price Technical, Resource Capabilities and Past Performance are significantly more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the expiration date of the contract. 52.FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years.
 

Place of Performance

Address: OFFICE OF LEGAL ADVISER, DEPARTMENT OF STATE, 2201 C STREET, WASHINGTON, D. C., , ,

Zip Code: 20520

Country: USA
 

Record

SN20020105/00011014-020104090210 (fbodaily.com)
 

Source

FedBizOpps.gov Link to This Notice
(will not be valid after Archive Date)

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