SOLICITATION NOTICE
R -- Financial Analyst Expert Witness
- Notice Date
- 2/25/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541990
— All Other Professional, Scientific, and Technical Services
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office, SSMC4 - Room 7601/OFA61, 1305 East West Highway, 7th Floor, Silver Spring, Maryland, 20910
- ZIP Code
- 20910
- Solicitation Number
- NW957650-9-06760
- Archive Date
- 3/26/2009
- Point of Contact
- Robin L. Prather,, Phone: 301-713-0820 x126
- E-Mail Address
-
robin.prather@noaa.gov
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR Parts 12 and 13; as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate solicitation will not be issued. Solicitation Number NW957650-9-06760 is issued as a Request for Quotation. This acquisition is being solicited using Simplified Acquisition Procedures. The ceiling price for the thirty-six month period is estimated at $525,000.00, which includes labor and travel. The period of performance will be for thirty-six months. Hourly rates should be provided for each of the twelve-month periods. The U.S. Department of Commerce/NOAA, General Counsel for Enforcement and Litigation (GCEL) requires the services of an experienced financial analyst on a periodic and as-needed basis with expertise in corporate structure issues to serve as a technical consultant, financial advisor, and expert witness. The analyst will work directly with NMFS' Office of Law Enforcement investigators and NOAA GCEL attorneys. Travel may be required and will be performed/invoiced in accordance with Federal Travel Regulations. Offerors shall provide a G&A/handling rate for cost reimbursable travel. The financial analyst will review and evaluate financial information and documents to determine the structure and responsibilities of the corporations and corporate officers involved in the investigation; prepare affidavits, if required, regarding the structure and responsibilities of the potential respondents; brief GCEL attorneys on financial matters related to the case; prepare written reports and detailed financial analyses regarding the respondents as requested; assist in the preparation of financial interrogatories and other documents designed to probe and elicit an accurate representation of a respondents' existing financial state; assist with evaluating settlement offers; assist at hearing and during discovery with issues relating to respondents' financial status; conduct credit and asset investigations; advise GCEL attorneys on the potential collection of penalties and value of respondent's assets; analyze corporate control issues; assist GCEL attorneys with documents filed in court proceedings that deal with a respondent's financial state; and perform other services necessary to provide financial analytical support. The financial analyst will be required to testify as an expert witness on corporate financial structure at hearing and/or deposition when such testimony is deemed necessary. Confidentiality of sensitive documents and information shall be maintained. Specific requirements include, but are not limited to: Extensive experience with corporate structure analysis, corporate control issues, analysis of relationships between affiliated individuals and the corporation, and analysis and assessment of ability to pay assessed fines and penalties. Knowledge of commercial fishing operations. Extensive experience in financial analysis/forensic accounting in the context of Federal statutory enforcement proceedings. Knowledge of NOAA's administrative enforcement process. Judicially qualified as an expert witness in the field of financial analysis/forensic accounting. Knowledge of statues and regulations relating to marine natural resources managed by NOAA. Available to travel to diverse locations to provide expert testimony, training, case assistance, and other financial analysis on short notice (no less than 10 days). The contractor must have extensive experience with corporate structure analysis; analysis and assessment of ability to pay penalties and fines; review of financial statements, business records and other financial documents; and review of projected performance (e.g., cash flow and cash position projections and disclosure statements). The contractor must be familiar with corporate control issues, relationships between affiliated persons, bankruptcy matters, and tracing assets. Experience with analysis of commercial fishing operations would be especially valuable. The contractor must be familiar with federal judicial and administrative proceedings and have significant experience testifying as a financial expert and in preparing affidavits and must be qualified to testify in federal court as an expert on matters related to financial analysis and corporate control. Knowledge of NOAA's administrative enforcement process and the statutes NOAA administers would be especially valuable. The contractor must be familiar with discovery proceedings; including preparation for and participation in the conduct of depositions, cross examinations, and witness preparation, including the preparation of affidavits where necessary. The contractor shall provide clear and concise reports to GCEL based on the available financial information and documents provided within three weeks of the request from GCEL. The resulting purchase order shall be awarded on a Time and Materials basis. The award shall be made on a best-value basis. Best value evaluation factors include the following: 1) Approach - The likelihood of effectively meeting the requirements; 2) Past Performance - The relevance and quality of prior performance; and 3) Price - The amount, realism and consistency of the evaluated price. The evaluation shall be based on use of the adjectival scheme as follows: Outstanding (O) - Conspicuously striking in eminence; Excellent (E) - Very good of its kind; eminently good; Good (G) - Beneficial and worthwhile; sound and valid; Adequate (A) - Reasonably sufficient and suitable; Marginal (M) - Minimally suitable at the lower limit; Unsatisfactory (U) - Not acceptable. The solicitation document and incorporated clauses are those in effect through Federal Acquisition Circular Number 2005-30. The following provisions and clauses shall apply to this solicitation: FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition and there is no addenda to this provision; FAR 52.212-2, Evaluation - Commercial Items. The Government may award a purchase order resulting from this solicitation to the responsible offeror conforming to the solicitation which will be most advantageous to the Government, price and other factors considered. The following evaluation factors are listed in order of importance: (i) approach, (ii) past performance, and (III) price. The vendor must provide a minimum of two (2) references for past performance for similar work awarded within the past three (3) years by providing a Point of Contact, phone number, contract number and brief description of work. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, applies to this acquisition and there is no addenda to this provision; FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Alt I), applies to this acquisition and there is no addenda to this provision; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, including 52.219-6, Notice of Total Small Business Set-Aside; 52.219-14, Limitations on Subcontracting; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration; 52.222-3, Convict Labor; 52.222-21, Prohibition of Segregated Facilities; 52.222-35, Equal Opportunity; 52.222-36, Affirmative Action for Workers with Disabilities; 52.222-50, Combating Trafficking in Persons; 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration; 52.222-41, Service Contract Act of 1965; 52.222-42, Statement of Equivalent Rates for Federal Hires; 52.222-42, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts); applies to this acquisition as indicated. FAR 52.232-7, Payments under Time and Materials and Labor Hour Contracts, applies to this acquisition. FAR 52.216-31, Time and Materials/Labor Hour Proposal Requirements - Commercial Item Acquisition, applies to this solicitation; FAR 52.243-3, Changes - Time and Materials or Labor Hours, applies to this acquisition. FAR 52.217-9, Option to Extend the Term of the Contract (Fill ins = 30 days) applies to this acquisition. All interested contractors must be actively registered in the Central Contractor Registration (CCR) (www.ccr.gov). All responsible sources may respond to this combined synopsis/solicitation with a quotation addressed to Robin Prather, NOAA Acquisition Division, 1305 East-West Highway, Room 7608, Silver Spring MD 20910 to be received no later than 2:00 p.m. March 11, 2009. Responses may be faxed to 301-713-0806 or emailed to Robin.Prather@noaa.gov. Responses must be no more than 10 pages. The Government reserves the right to make a single award, multiple awards, or no award as a result of this RFQ. It is the responsibility of the contractor to confirm NOAA's receipt of quote. See government-wide numbered notes 1 and 25 at http://www.fbo.gov/.
- Web Link
-
FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=8f3e58746798b40629d0f15cbb55f785&tab=core&_cview=1)
- Place of Performance
- Address: 8484 Georgia Avenue, Silver Spring, Maryland, 20910, United States
- Zip Code: 20910
- Zip Code: 20910
- Record
- SN01756998-W 20090227/090225220340-8f3e58746798b40629d0f15cbb55f785 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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