MODIFICATION
R -- FEDERAL EMPLOYMENT LEGAL SERVICES
- Notice Date
- 5/21/2009
- Notice Type
- Modification/Amendment
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- Small Business Administration, Office of Administration, Office of Procurement and Grants Management, 409 Third Street, S.W., 5th Floor, Washington, District of Columbia, 20416
- ZIP Code
- 20416
- Solicitation Number
- SBAHQ-09-P-0006
- Point of Contact
- Gary P Fontaine, Phone: 202-205-6492, Lance C Petteway, Phone: 202-205-6935
- E-Mail Address
-
gary.fontaine@sba.gov, lance.petteway@sba.gov
(gary.fontaine@sba.gov, lance.petteway@sba.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- The Agency seeks to procure legal services related to employment issues involving Federal personnel. The contractor will assist the U.S. Small Business Administration (SBA or Agency) in labor, personnel and employment litigation in various forums, including but not limited to the Equal Employment Opportunity Commission (EEOC), Merit Systems Protection Board (MSPB) and Federal Courts. Assistance may include, but is not limited to, identification of legal and factual issues, research of factual and legal issues presented, preparation of written discovery and discovery responses, preparation of pleadings, motions and appeals, witness identification and preparation, coordination with cognizant program offices in connection with preparation, conduct and settlement of administrative matters, and participation in depositions, oral arguments, hearings and trials. All of the contractor's attorneys performing the contract must be current members in good standing of the Bar of any State or the District of Columbia, and must have all appropriate degrees, licenses and insurance. All of the contractor's paralegals must have appropriate degrees, certifications, licenses and insurance. The contract will be a time and materials indefinite delivery/indefinite quantity task order contract. The contract will have a base term of one year plus four one-year options. Only one (1) award is contemplated from this solictation. Added: <input type="hidden" name="dnf_class_values[procurement_notice][description][1][added_on]" value="2009-05-15 19:48:09">May 15, 2009 7:48 pm Modified: <input type="hidden" name="dnf_class_values[procurement_notice][description][1][modified_on]" value="2009-05-21 20:02:36">May 21, 2009 8:02 pm Track Changes The text in this section posted on 5/15/09 is replaced in its entirety by the following: ADDITIONAL DESCRIPTION/INSTRUCTIONS: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13.106, as supplemented with additional information included in this notice. The Small Business Administration (SBA) is releasing this combined synopsis/solicitation electronically only. This on-line version of the Request for Quote (RFQ) is the official version for this acquisition. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. In cases of conflict between the electronic (on-line) version of this RFQ and any downloaded version of the RFQ, the on-line RFQ prevails. A copy of this combined synopsis/solicitation can be downloaded at the Federal Business Opportunity (FEDBIZOPS) website at http://www.fedbizops.gov. Offerors are encouraged to check this website for any amendments to this combined synopsis/solicitation. All questions must be in writing and received by email or fax by the Contract Specialist not later than 1:00 PM on May 26, 2009. No telephonic request will be entertained. All responses to questions will be posted by way of amendment to this combined synopsis/solicitation to the FedBizOpps website. Any and all past performance surveys (survey included) must be submitted to the Contracting Officer by the closing date and time. Any past performance surveys received after this date will not be accepted nor evaluated. NO EXCEPTIONS. Past performance surveys may be faxed to the Contract Specialist ONLY at (202)292-3737, or emailed to gary.fontaine @sba.gov. Solicitation Number SBAHQ-09-P-0006 is issued as a request for quote (RFQ) and is 100% set aside for Small Business. The award will be a Time-and-Materials indefinite delivery/indefinite quantity task order contract with a guaranteed minimum of $10,000.00 and a maximum value of $1,000,000.00". The NAICS code assigned to this project is 541110 and the size standard is $7,000,000. The requirement is for the Office of General Counsel, SBA Headquarters, Washington, DC. PERFORMANCE REQUIREMENTS The contractor must carry out assignments and duties competently and within established timeframes.The contractor must establish and maintain professional working relationships with Agency clients. The contractor must plan, organize and complete assignments without supervision. The contractor must adequately explain and apply applicable laws, regulations, case law, Agency policy and procedures, and agreements. CONTRACT REPORTING and DELIVERABLES The contractor must provide periodic reporting to the Contracting Officer's Technical Representative (COTR), as requested.The contractor must provide status reports to the COTR and other appropriate parties on work in progress and on work completed, as requested. The contractor must regularly keep the COTR informed of all significant case developments including but not limited to developments that may involve precedent setting issues, Agency policy, and/or potentially impact Agency liability.The contractor must provide copies of litigation decisions when issued to the COTR with summary.The contractor must provide final (and where appropriate interim) decisions and settlement agreements and documentation of compliance with applicable directives for the compliance file. BASIS OF AWARD The Government intends to award one contract using the price/technical tradeoff method. CLAUSES The following FAR Clauses will be incorporated by reference into the contract: 52.204-7 Central Contractor Registration 52-212-1 Instructions to Offerors-Commercial 52.212-3 Offeror Representation and Certifications – Commercial Items 52.212-4 Contract Terms and Conditions – Commercial Items; and ALT. I 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items 52.219-6 Notice of Total Small Business SetAside 52.219-8 Utilization of Small Business Concerns 52.219-14 Limitations on Subcontracting 52.222-21 Prohibition of Segregated Facilities 52.222-22 Previous Contracts and Compliance Reports 52.222-25 Affirmative Action Compliance 52.222-26 Equal Opportunity 52.222-36 Affirmative Action for Workers with Disabilities 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration 52.232-37 Multiple Payment Arrangements 52.252-2 Clauses Incorporated By Reference Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representation and Certifications – Commercial Items, with its offer. The contractor must be registered in the Central Contractor Registration (CCR) database to be eligible for award. Contractors can register at www.ccr.gov. Full text versions of the above clauses and provisions may be viewed at http://farsite.hill.af.mil. The following FAR Provision applies to this acquisition: 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: 1. TECHNICAL (a) Experience (b) Management Capabilities 2. PRICE 3. PAST PERFORMANCE Technical is significantly more important than past performance. Technical and Past Performance, when combined, are significantly more important than price. (b) Option. 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. (End of Provision) EVALUATION CRITERIA 1.TECHNICAL (a) Experience of the firm as a whole, as well as of the proposed lead attorney representing the government and/or private parties in federal employment matters before the EEO, MSPB, and/or federal court. (b) Management Capabilities- Demonstrated ability to simultaneously manage multiple services operations in the areas of labor, personnel, and employment litigation in various forums, as evidenced in similar case work in previous projects. TECHNICAL RATINGS The technical factors will be evaluated using the following ratings: Exceptional - no doubt exists that the Offeror will successfully perform the required effort. Very Good - little doubt exists that the Offeror will successfully perform the required effort. Satisfactory - some doubt exists that the Offeror will successfully perform the required effort. Marginal - substantial doubt exists that the Offeror will successfully perform the required effort. Unsatisfactory - extreme doubt exists that the Offeror will successfully perform the required effort. Neutral - based on no identifiable performance record, unable to provide a score. 2. PRICE Price will be evaluated based on the following labor categories and estimated hours for a sample task order. Labor hour rates should be fully loaded and include wages, overhead, general and administrative expenses (including copies, faxes, courier services, etc.) and profit. (For pricing purposes, offerors should assume a contract start date of July 1, 2009). Senior attorney 100 hours Junior attorney 50 hours Paralegal 25 hours Offerors shall prepare their Cost Proposal in a format that indicates whether the rates are commercial or government (i.e., based on GSA or other federal schedules), and include any additional discounts. 3. PAST PERFORMANCE – Will be evaluated in accordance with FAR 15.3. Offeror must submit 3 completed surveys (see below). The Offeror is responsible for ensuring the submission of the Past Performance Questionnaires to the Contract Specialist designated on the survey by the closing date of the solicitation. OTHER CONSIDERATIONS In accordance with FAR 52.212-1(g), the Government intends to award without discussions Solicitation closing date is June 1, 2009. All quotes must be received by 3 p.m. Eastern Daylight Time. Offerors are reminded to insure your FEDEX or DHL package arrives on time. The SBA Headquarters Office is open from 900AM - 500PM Monday through Friday. Any questions pertaining to this solicitation must be addressed to: gary.fontaine@sba.gov. Offerors shall submit three copies of their quote in person or by mail to the following address: U.S. Small Business Administration Attn: Gary Fontaine, Ste 5000 409 3rd Street, SW Washington, DC 20416 _____________________ Attachment PAST PERFORMANCE QUESTIONNAIRE Sol # SBAHQ-09-P-0006: Federal Employment Legal Services (Note: Complete questionnaire and fax to the attention of Gary Fontaine @ 202-292-3737, no cover sheet required); or email to: gary.fontaine@sba.gov) I. Evaluation of Offeror: Company/Division Providing Services: ___________________________________________ Address: ___________________________________________________________________ Description of Services Provided: _______________________________________________ ___________________________________________________________________________ Contract Number: _____________________ Dollar Value (Annual): ______________ Performance Period: ___________________ Performance Location: ______________ Type of Contract: Check One: Fixed Price ______ Cost Reimbursement ______ Other (Please Specify) _______ Check One: Negotiated ______ Sealed Bid ______Competitive ______Non-Competitive _________ Basis of Payment: Commodity ______ Labor/Equipment Hours ______ Other (specify) ______________ Type & Extent of Subcontracting: ________________________________________________ II. Evaluated by: Company/Organization/Address: _________________________________________________ ____________________________________________________________________________ Name & Title: ________________________________________________________________ Signature: ______________________________________ Date: _______________________ Telephone: _________________________ FAX: ____________________________ III. Evaluation: Please answer questions 1 through 12 using the following criteria. Circle only one response per question. For elements rated "unsatisfactory", please comment on the specific problem(s) or performance failure(s) that prompted this rating. 4 - Exceptional: Performance met and exceeded many of the contractual requirements to the organization's benefit. The contractual performance of the element being evaluated was accomplished with few minor problems for which corrective actions were highly effective. 3 - Very Good: Performance met and exceeded some of the contractual requirements to the organization's benefit. The contractual performance of the element being evaluated was accomplished with some minor problems for which corrective actions were effective. 2 - Satisfactory: Performance met contractual requirements. The contractual performance of the element being evaluated was accomplished with some minor problems for which corrective actions were satisfactory. 1 – Marginal: Performance barely met contractual requirements. The contractual performance of the element being evaluated reflects a serious problem for which corrective actions have not yet been identified, appear only marginally effective or were not fully implemented. 0 – Unsatisfactory: Performance did not meet some contractual requirement and recovery is not likely in a timely manner. The contractual performance of the element being evaluated reflects serious problems for which corrective actions were ineffective. N/A: Not Applicable or not observed. 1. Evaluate the contractor's overall commitment to quality performance and customer satisfaction. 4 3 2 1 0 N/A Comment: 2. Evaluate the contractor's overall technical competence. 4 3 2 1 0 N/A Comment: 3. Evaluate the contractor's cooperation and willingness to work as a team (with your personnel, other contractors, etc.). 4 3 2 1 0 N/A Comment: 4. Evaluate the contractor's compliance with contractual requirements. 4 3 2 1 0 N/A Comment: 5. Evaluate the contractor's responsiveness to contract, program and/or schedule changes. 4 3 2 1 0 N/A Comment: 6. Evaluate the effectiveness of the contractor's overall quality control procedures. 4 3 2 1 0 N/A Comment: 7. Evaluate the effectiveness of the contractor's safety program or efforts. 4 3 2 1 0 N/A Comment: 8. Evaluate the contractor's ability to overcome technical problems, labor issues, and/or other performance diifficulties. 4 3 2 1 0 N/A Comment: 9. Evaluate the contractor's ability to plan and conduct operations in the most cost effective manner. 4 3 2 1 0 N/A Comment: 10. Evaluate the contractor's ability to adhere to schedules and complete work on time. 4 3 2 1 0 N/A Comment: 11. Evaluate the quality and stability of the contractor's workforce. 4 3 2 1 0 N/A Comment: 12. Evaluate the availability, adequacy and suitability of the contractor's staffing for the work required. 4 3 2 1 0 N/A Comment: ----End of Questionnaire
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/SBA/OOA/OPGM/SBAHQ-09-P-0006/listing.html)
- Place of Performance
- Address: The majority of the work will be conducted at the contractor's facilities. The contractor may be required to travel to various locations in order to participate in or observe conferences, depositions, hearings or trials. Travel will be reimbursed under a separate contract line item number in accordance with the General Services Administration's Federal Travel Regulations and policies., United States
- Record
- SN01824286-W 20090523/090521234730-4400f916c5e80a0adbb38ce46c8ef108 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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