SOLICITATION NOTICE
R -- Legal Services Review Environmental law
- Notice Date
- 6/24/2009
- Notice Type
- Cancellation
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- Department of Justice, Federal Bureau of Investigation, Procurement Section, 935 Pennsylvania Avenue, N.W., Washington, District of Columbia, 20535
- ZIP Code
- 20535
- Solicitation Number
- 0264489
- Archive Date
- 7/29/2009
- Point of Contact
- Deborah F. Chin, Phone: 202-324-5723
- E-Mail Address
-
deborah.chin@ic.fbi.gov
(deborah.chin@ic.fbi.gov)
- Small Business Set-Aside
- Partial Small Business
- Description
- Issued By The Office of Integrity and Compliance and the Office of General Counsel, Federal Bureau of Investigation. Introduction • This RFI is not restricted and intends to assess the capabilities of small businesses in performing the described tasks. • This is a Request for Information (RFI) only and does not constitute a commitment, implied or otherwise, that the Federal Bureau of Investigation (FBI) will take procurement action in this matter. Further, neither the FBI not the Government will be responsible for costs incurred by any respondent in furnishing this information. This RFI is designed to gather information and comments from U.S. law firms regarding a proposed procurement for legal services. The request for information and comments stems from the FBI's interest in surveying all federal and state environmental and health and safety laws applicable to firearms training facilities operated or used by the FBI in the United States and the U.S. territories of Puerto Rico and the Northern Mariana Islands. The FBI will use the results of this RFI to determine the interest and capability of responding law firms and to refine the scope of a potential solicitation for legal services. The FBI anticipates that any solicitation will be premised on a firm fixed-price contract and awarded to the offeror whose proposal is determined to provide the best value to the Government. Background The Office of Integrity and Compliance (OIC) implements the FBI's Integrity and Compliance program, an internal enterprise-wide mechanism designed to promote the FBI's compliance with applicable laws, regulations and other governing authorities. Pursuant to this program, the Office of the General Counsel (OGC) and the OIC identified compliance with environmental and safety and health laws at firearms training facilities operated or used by the FBI as an area of potential legal risk, warranting a detailed legal compliance analysis. The FBI has over 30,000 employees, of whom approximately 42% (special agents and police officers) carry firearms. To carry a firearm, these employees must "qualify" four times a year with their firearms. Special agents and FBI police officers qualify by receiving firearms training at a variety of firearms training facilities throughout the United States and the U.S. territories of Puerto Rico and the Northern Mariana Islands. In one instance, the FBI owns, operates, and uses the range facility. In all other instances, the firearms training facilities the FBI uses are owned and/or operated by a variety of federal government agencies, state or local government agencies or, in a few cases, private entities. The are some locations where the FBI is the exclusive or joint operator of a facility; in the majority of instances, however, the FBI merely uses a facility owned and operated by others. The FBI's arrangement with each facility is often, but not always, governed by a memorandum of understanding, memorandum of agreement, or other written agreement vehicle. Although the FBI is simply a mere user at the majority of firearms training facilities, it must comply with federal environmental laws applicable to the use of these facilities. These laws relate to the discharge, transportation, recycling, storage, and disposal of lead used at the facilities. In addition, federal law permits the states to implement and enforce environmental laws as long as those laws are as stringent as or broader in scope than the federal laws and regulations. Therefore, the FBI must understand and comply with applicable state and local law. The FBI must also comply with the Occupational Safety and Health Act (OSHA) of 1970, relating to the safety and health of FBI employees who use the training facilities. In particular, these employees must be protected from the potential inhalation and ingestion of lead. The scope of work for the anticipated procurement will be limited to a review and written analysis of the legal framework relevant to the FBI's operation and use of firearms training facilities in the context of environmental and safety and health laws. The successful bidder might also be requested to provide one or more oral presentations of its findings and conclusions to the Office of Integrity and Office of General Counsel at the FBI. The FBI expects to solicit legal services requiring each bidder to demonstrate its ability to provide the following deliverables: 1. Review all federal environmental and safety and health statutes, regulations, executive orders, and policies relevant to the operation or use by non-owners of firearms training facilities including, but not limited to, the applicability of: a. The Comprehensive Environmental Response, Compensation and Liability Act CERCLA), 42 U.S.C. ' 9601 et seq., and its implementing regulations found at 40 C.F.R. Parts 300-374; b. The Resource Conservation and Recovery Act (RCRA), 42 U.S.C. ' 6901 et seq., and its implementing regulations found at 40 C.F.R. Parts 239-299; c. The Clean Water Act (CWA), 33 U.S.C. U.S.C. ' 1251 et seq.; d. The Occupational Safety and Health Act (OSHA) of 1970, 29 U.S.C. §651 et seq.; e. The requirements imposed by the Department of Defense ("DOD") related to firearms training facilities owned by DOD and operated or used by the FBI; and f. The requirements, if any, imposed by the General Services Administration ("GSA") related to the operation or use of firearms facilities located in or on the grounds of GSA properties leased to federal government agencies. 2. Review all state environmental and safety and health statutes, regulations, executive orders, and policies relevant to the operation or use by federal agencies of firearms training facilities owned by other entities. 3. Examine whether the FBI could be held liable for mere use of a firearms training facility in jurisdictions where it uses a facility owned and operated by others. If liability can be imposed in some jurisdictions and not others, highlight the jurisdictions in which liability may arise. 4. Analyze the factors which would affect the potential liability of an operator or user including, but not limited to: a. Physical attributes of range; b. Proximity to "navigable waters," such as ponds, rivers, streams, wetlands, lakes, and coastal waters, and as defined by the Clean Water Act and interpreted by the courts; c. Proximity to public spaces, including parks and schools; d. Proximity to environmentally sensitive or protected areas; e. Noise decibel; f. Previous facility contamination; g. Frequency of use; h. Dust control, protective clothing, and safe work practices; and i. Record-keeping practices. 5. Answer the following questions: a. What environmental and safety and health responsibilities does the FBI have when it operates or uses a firearms training facility owned by another federal agency, a state or local agency, or a private entity? b. What environmental and safety and health responsibilities does the FBI have when it merely uses a facility it neither owns nor operates? c. Are there other legal issues, including property, contractual, or regulatory, which attend the FBI's operation and use of firearms training facilities? d. Are there other legal issues, including property, contractual, or regulatory, which attend the FBI's mere use of firearms training facilities? 6. Analyze trends in federal and state litigation over the past 15 years: a. Has there been an increase in litigation alleging violations of environmental or safety and health laws at firearms training facilities, including private facilities? b. Are the majority of cases brought by individual plaintiffs or styled as class actions? If the latter, what are the characteristics of a typical class? c. Who are the typical defendants? Are operators and users often named if they are not the owners of the facilities? Are users often named if they are not owners or operators of facilities? d. Have most plaintiffs invoked state and local laws as well as federal laws? e. Have the cases been evenly distributed throughout the U.S. or have they been more concentrated in certain geographic areas? If so, which areas? f. What percentage of cases has been appealed on the merits (i.e. not standing issues or other procedural or jurisdictional issues)? g. Is there a trend of third parties filing amicus briefs? If so, who are the typical amici? h. Is there a trend of courts finding firing range facility owners, operators, or users liable for violations of environmental or safety and health laws? i. Looking outside the firing range context, has there been a trend of courts finding "arranger liability" or other bases for liability arising out of violations of environmental or safety and health laws attributable to a mere user of a facility? If so, what factors did the courts consider compelling in such determinations? 7. Compile a list of all reported cases involving allegations of environmental or safety and health law violations at firearms training facilities in federal or state court in the last 15 years. Include the style of the case, docket number, and jurisdiction. 8. Compile a list of all complaints filed involving allegations of environmental or safety and health law violations at firearms training facilities in federal or state court in the last ten years. Include the style of the case, docket number, and jurisdiction. 9. Determine whether there are environmental licensing requirements for the use of firearms training facilities, including documentation and filing with state/federal authorities. Among other possible requirements, must the FBI obtain its own National Permit Discharge Elimination System (NPDES) permit for ranges it operates or uses where the lead is discharged into "navigable waters" under the Clean Water Act? Responding to this RFI- Instructions RFI responses must include: Name and title of primary point of contact for the response • Email address and phone number • Identification of other key individuals who collaborated on the RFI response • A brief summary description of relevant experience • Business size. Small businesses shall include their business status (e.g. Small Disadvantaged, 8(a), Woman-Owned, etc.) • Data Universal Numbering System (DUNS), Central Contractor Registration (CCR) number. Company Background • A synopsis of the firm's capability related to the outlined requirements of this RFI. RFI Questions and Topics on Which Comments are Invited The FBI requests responses to the following questions: 1. Would your law firm be interested in submitting a proposal for research and analysis services as outlined in this RFI? 2. If your law firm were to compete for and win the anticipated bid for this project, a. How would you staff the work? How many partners, associates, and legal assistants? Describe the level of supervision anticipated if the work will be performed primarily by attorneys with less than five years' experience. b. Would you staff the project with attorneys who specialize in environmental law? If so, how many years of environmental practice would you consider necessary to handle this project? What professional environmental experience and background would your attorneys bring to this project? Would your attorney(s) have experience at the state level, federal level, or both? Would your attorney(s) have expertise relative to the discharge of lead from firearms ammunition? c. Would you staff the project with attorneys who specialize in health and safety law? If so, how many years of practice in the healthy and safety field would you consider necessary to handle this project? What specific health and safety experience and background would your attorneys bring to this project? d. Would you staff the project with attorneys with litigation experience? If so, how many years of litigation experience would you consider necessary to handle this project? What kind of litigation experience and background would your attorneys bring to this project? Would any attorneys have experience with class actions? e. Do the attorneys whom you would use to staff this project have prior experience managing a large scale project involving a nationwide review of environmental, health and safety laws or other complex areas or the law? f. How, if at all, would you utilize legal assistants on this project? g. How much time do you estimate would be needed by each partner, associate, paralegal, and other support staff for your firm to complete the contracted work? 3. Describe your strategy for conducting the legal research described in this RFI. 4. Describe any other relevant criteria or legal issues you believe should be included in this project. RFI responses, including any appendices or attachments, shall not exceed 20 pages in length. Use double-spaced, 12-point, Times New Roman font in Microsoft Word. Although all information and comments received will be carefully reviewed and considered for inclusion in any possible solicitation, the initiators of this request make no commitment to include any particular recommendation. No solicitation currently exists. If a solicitation is released, it will be synopsized in FedBizOpps. It is the responsibility of the potential offerors/bidders to monitor the website (www.fedbizopps.gov) for the release of any solicitation or synopsis. Response Submission Deadline
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/FBI/PPMS1/0264489/listing.html)
- Place of Performance
- Address: 935 Pennsylvania Ave. N.W., Washington, District of Columbia, 20535, United States
- Zip Code: 20535
- Zip Code: 20535
- Record
- SN01855717-W 20090626/090625001000-e7cf115e925a5376e7fa2e89f0fb87e7 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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