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FBO DAILY ISSUE OF DECEMBER 20, 2006 FBO #1850
SOLICITATION NOTICE

R -- Arbitration Advisor

Notice Date
12/18/2006
 
Notice Type
Solicitation Notice
 
NAICS
541110 — Offices of Lawyers
 
Contracting Office
Department of Commerce, Office of the Secretary, Commerce Acquisition Solutions, Office of the Secretary, 14th & Constitution Avenue NW Room 6514, Washington, DC, 20230, UNITED STATES
 
ZIP Code
00000
 
Solicitation Number
SA13017RQ0005
 
Response Due
12/20/2006
 
Archive Date
12/25/2006
 
Small Business Set-Aside
Total Small Business
 
Description
This is a resubmitted inadvertently cancelled combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is SA13017RQ0005. The solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-09. The full text of clauses referenced herein may be accessed electronically at http://www.acqnet.gov/far/. The requirements will be fulfilled using the Simplified Acquisition procedures, Part 13 of the FAR, and the test program authorized in FAR 13.5 for acquisitions of commercial items not in excess of $10 Million. This acquisition is set aside 100% for small businesses. The NAICS code is 541110 and the associated small business size standard is $6.5M. The Government shall award one fixed price task order type contract as a result of this RFQ. All interested Offerors shall provide a quote for the following line items: BASE PERIOD- Effective Date of Award through 07/31/2007: CLIN (Contract Line Item Number) 0001 Expert legal advisor services in the Middle East with regard to international arbitration of commercial disputes; (Qty and units 90 days) OPTION PERIOD I CLIN 1001 This is an option to increase the level of effort of the base period from 90 days by 20 days for a total of 110 days; (Qty and units 20 days) OPTION PERIOD II CLIN 2001 This is an option period of performance. Period of performance for his option period is August 1, 2007 through July 31, 2008. (Qty and units 90 days) During the period specified in the ORDERING clause (FAR 52.216-18), the Government shall place orders totaling up to ninety (90) working days or seven hundred twenty (720) labor hours of work. A standard 8-hour workday applies to this Contract. The government reserves the right to exercise one (1) option for additional work for twenty (20) working days or one hundred sixty (160) labor hours of work during the base period of this Contract. The government reserves the right to exercise one (1) option to extend the period of performance of this contract. This option shall commence on or about August 1, 2007 and extend to July 31, 2008. This option shall include an addition of ninety (90) working days or seven hundred twenty (720) labor hours of work. Travel must be in accordance with Federal Travel Regulations (FTR) and be handled by CLDPs contractor for logistical services. The United States Department of Commerce (DOC) CLDP is supporting the U.S. Governments Middle East Partnership Initiative (MEPI) by providing technical assistance to a group of countries in the Middle East to improve their legislative and regulatory frameworks, and ultimately, to facilitate the regions preparedness for the Middle East Free Trade Area (MEFTA). The objective is based on: The importance that these countries business and legal professionals build their knowledge and understanding of complex commercial law. The contractor will serve as an Arbitration Advisor. Task 1 is to research and assess the legal environment in the Middle East for legislative and process changes regarding international arbitration of commercial disputes and formulate recommendations to improve international arbitration of commercial disputes in the Middle East, including but not limited to the successful implementation of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in the United Arab Emirates in particular, and the Middle East more broadly. Task 2 is to prepare white papers that assess the impact of suggested legal changes regarding international arbitration of commercial disputes in Middle East nations, including but not limited to the impact of the United Arab Emirates becoming a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Task 3 is to present research and findings and facilitate discussions during workshops with foreign government officials and legal stakeholders related to international arbitration of commercial disputes in the Middle East. Task 4 is to provide assistance to foreign government officials on legal law changes regarding international arbitration of commercial disputes. Task 5 is to coordinate with CLDP legal staff and legal advisors regarding the implementation of commercial law programs, including, but not limited to assisting in the implementation of CLDP training programs for judges, lawyers, law professors, and other legal stakeholders in the US and abroad. Task 6 is to draft progress reports and provide updates/information per CLDP/Washington office requests. Contractor may be required to perform other tasks similar in size, nature, and/ or scope to the tasks enumerated above. The Contractor will be required to perform the above requirements at the following locations: in the United States and at designated locations in the Middle East. These locations include, but are not limited to, Bahrain, Jordan, Kuwait, Oman, Qatar, Saudi Arabia, Tunisia, the United Arab Emirates and Yemen. The Contractor shall furnish personnel with the following qualifications and experience that address the below technical factors in order for this contract to be awarded. Factor A Technical - Contractor shall provide a brief capability statement addressing each criterion listed below (statement should not exceed five pages). a) A Juris Doctor Degree. b) At least 10 years experience related to international arbitration of commercial disputes. c) Expertise in legal advising related to the Middle East. d) Expertise in legal advising related to the Middle East. e) Experience advising government officials, business, legal community, or academic leaders in transitional economies regarding commercial and/or international law. f) Ability to communicate effectively with foreign government officials. g) Candidates must be U.S. citizens. Factor B Past Performance - Contractor shall provide a brief capability statement addressing each criterion listed below (statement should not exceed two pages). a) Successful experience working in international arbitration of commercial disputes for a U.S. government agency or for an international organization. b) Successful experience in legal advising, in the Middle East, with government officials, business, legal community, or academic leaders in transitional economies regarding commercial and/or international law. Vendor must be actively registered in the Central Contractors Registration (CCR), in accordance with 52.204-7. The Contractor shall provide the deliverables identified in each task order issued by the Contracting Officer. All documents shall be submitted in draft form. The Government will have three (3) business days from correction of deficiencies to determine acceptability of all draft and final deliverables. Deliverable items required under this Contract include: a) Presentations and comments on legal changes regarding international arbitration of commercial disputes in specific Middle Eastern countries. b)White papers that assess proposed legal changes regarding international arbitration of commercial disputes in the Middle East, possibly including, but not limited to, becoming a signatory to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards. c) One (1) report for each assignment, which should include recommendations for follow-on projects and names of all contacts, per the direction of CLDP. d) One (1) original Invoice Worksheet (SF-1034) per assignment, specifying costs (accompanied by original receipts) associated with the program for which the Contractor seeks reimbursement. The Government will provide to the contractor specific submission instructions, including addresses and distribution control of draft or final reports in each task order. The contractor shall submit a monthly billing invoices/statement. The invoice shall include all services completed for the month. One (1) original of each invoice shall be submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal. The invoice and SF-1034 shall be submitted to the address and to the primary COTR identified in CAR clause 1350.201-71 of the solicitation. Questions regarding payment should be direct to the Contracting Officer identified in Standard Form 1449 of this contract. The contractor shall provide an original invoice for payment to the Department of Commerce National Industry of Science and Technology (NIST) Accounts Payable Office at: NIST Accounts Payable Office, Bldg 101, Room A-836 MS, 1621; 100 Bureau Drive; Gaithersburg MD, 20899. Telephone: (301) 975-2261; Fax: (301) 975-8283; Email: invoice@nist.gov. NIST will forward the invoice and a payment authorization form (NIST) 162 Form or other document/voucher authorizing Government payment) to the COR or COTR. The COR/COTR will return the invoice and the signed payment authorization form to NIST for payment. The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. In accordance with FAR 52.212-1, Offerors must show the solicitation number, the time specified in the solicitation for receipt of offers, the name, address, and telephone number of the Offerors, a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements, price, remit to address, if different than mailing address. Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in this solicitation. FAR 52.212-2, Evaluation-Commercial Items applies to this acquisition. The Government anticipates making one award under this solicitation. However, DOC is under no obligation to make more than one award, in fact, may not make any award under this solicitation. Any award is subject to the availability of funds. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation is the most advantageous to the Government, price and other factors considered. Each offer will be reviewed for their relative technical strengths and weaknesses in order to make a ?best value? determination along with the price. The evaluation factors are: (1) TECHNICAL, providing resume with qualifications meeting Factor A-Technical requirements above, not exceeding 5 pages (2) PAST PERFORMANCE, meeting Factor B Past Performance requirements above, including at least three projects within the last 3 years that display the Offerors technical experience, capabilities and analytical skills in the area of legal advising related to the Middle East, not exceeding 3 pages (3) Price. Factor (1) and (2) are significantly collectively more important than Factors (3) Price. FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items applies to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), 52.219-6, Notice of Total Small Business Set-Aside (June 2003), 52.219-14, Limitations on Subcontracting (Dec 1996), 52.222-3, Convict Labor (June 2003), 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2004), 52.222-21, Prohibition of Segregated Facilities (Feb 1999), 52.222-26, Equal Opportunity (Arp 2002), 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (Dec 2001), 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998), 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001), 52.225-13, Restrictions on Certain Foreign Purchases (Dec 2003), 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). Other clauses included are FAR 52.216-18, Ordering (Oct 1995), FAR 52.217-9, Option to extend the Term of the Contract (Mar 2000) and Department of Commerce Agency-Level Protest Procedures Level Above the Contracting Officer (Dec 1996) (which can be found at http://oamweb.osec.doc.gov/CAPPS_car.html). To be responsive to this RFQ, Offerors are required to submit the following information by the date and time specified for receipt of offers: (1) Resume(s), not to exceed 3 pages demonstrating a Juris Doctor degree and adviser(s) capabilities (2) Past Experience, provide three references and shall not exceed 1 page per reference and shall include a brief description of the requirements for which the Offeror has performed similar assessments. Include the company/agency name, Point of contact, telephone number; fax number and e-mail address, contract data including the contract number, dollar value, and period of performance of the effort, (3) a firm fixed unit price for each CLIN including optional CLINs. The Government contemplates award of a Requirements Contract (FAR 52.216-21) resulting form this RFQ. The Offeror shall provide a firm fixed unit price under each CLIN. In addition to the immediate requirement described in this RFQ, the OS may order additional expert advisory services by issuance of task orders in accordance with FAR 52.216-18. The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition. Offerors shall submit three (3) original paper copies of its offer to U.S. Department of Commerce, CAS, OS Business Solutions Team, Sol: SA13017RQ0005, 14th & Constitution Ave. N.W., Room 6520, Washington, DC 20230, Attn: Wendy M. Clare. The closing date for receipt of proposals is 12:00 PM local time, December 20, 2006. FAX and EMAIL SUBMISSIONS SHALL NOT BE ACCEPTED. Question regarding this acquisition should be forwarded to Wendy M. Clare: 202-482-5338; email wclare@doc.gov. This Solicitation shall not be construed as a commitment of any kind.
 
Place of Performance
Address: CLDP Department of Commerce, Ronald Reagan Building Suite M800A, 14th Street and Constitution, NW, Washington, DC is the contact address for contract performance in the U.S. and at designated locations in the Middle East.
Zip Code: 20230
Country: UNITED STATES
 
Record
SN01198670-W 20061220/061219103048 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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