U.S. Department of Energy Carlsbad Area Office P.O. Box 3090 Carlsbad NM 88221-3090

R -- LEGAL SERVICES SOL DE-RP04-97AL76630 DUE 071197 POC Point of Contact: Kimberly Carroll 234-7322. Contracting Officer: Kimberly Carroll. 17. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This notice constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation Number: DE-RP04-97AL76630; this solicitation is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 90-45. The following provisions and clauses apply to this acquisition: FAR 52.212-1, Instructions to Offerors -- Commercial; FAR 52.212-2, Evaluation -- Commercial Items. The following factors shall be used to evaluate offers (listed in the relative order of importance): On the firm+s expertise in the area of nuclear law and experience in representing Departmart Of Energy (DOE) contractors, past performance, and price; offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items with their proposal; FAR 52.212-4, Contract Terms and Conditions -- Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items. This is not a small-business set-aside. Fully burdened hourly and overtime rates (as applicable) for a base period of two months (August and September 1997) and four one-year option periods for the following categories are to be submitted: Partner, Associate, Paralegal, and Support Staff. Contractor shall provide legal support to include, but not be limited to, research and consultation assistance services for environmental permitting and compliance programs applicable to: Resource Conservation and Recovery Act (RCRA) permitting and compliance with waste generator site management at 40 CFR. Parts 260-271, Waste Isolation Pilot Plant Land Withdrawal Amendments Act (WIPP-LWAA) disposal regulation compliance certification, National Environmental Policy Act (NEPA) compliance, and Toxic Substances Control Act (TSCA) approval and compliance. These activities primarily involve the RCRA Part B permitting process before the New Mexico Environment Department, the Compliance Certification Application (CCA) process required by the WIPP-LWAA and 40 CFR Part 194, environmental impact activities pursuant to NEPA, and obtaining approval for PCB disposal at WIPP pursuant to TSCA and 40 CFR Part 761. The Contractor shall provide a staffing and management plan to perform the work described below in support of the opening of the DOE's Waste Isolation Pilot Plant (WIPP) at Carlsbad, New Mexico, in accordance with applicable Federal and State of New Mexico statutes and regulations and DOE Orders. Contractor+s cost for the administration and management of work performed under this contract is assumed to be included in the fully burdened rate of Contractor+s assigned staff. The work under this contract shall be performed in accordance with acceptable legal and environmental practices and the Contractor shall ensure that adequate plans and practices are in place. The scope of this Statement of Work includes the legal support of all environmental compliance activities for WIPP as detailed below: Provide legal support for license permitting and compliance activities under applicable Federal and New Mexico environmental statutes and regulations including, but not limited to, RCRA, WIPP-LWAA, NEPA and TSCA, and under applicable DOE Orders. Provide legal support, not involving litigation within the meaning of 42 U.S.C. 7192(c), in cooperation with the Area Office Counsel (AOC) before administrative tribunal or quasi-administrative agencies and at public permitting hearings, including, but not limited to, the United States Environmental Protection Agency and its Regional Offices and the New Mexico Environment Department. Execute assigned tasks and provide documentation specifically identified by the consolidated case management plan (CMP) and program management plan (PMP) developed for WIPP and periodically updated as directed by the AOC. Execute supplemental tasks assigned by the AOC. Provide weekly activity reports on assigned tasks to the AOC including new assignments, document deliverables, hours spent on tasks completed, percent completion of work still in progress, and issues requiring resolution by the AOC. Contractor shall demonstrate compliance with the requirements of DOE+s -Nordhaus Memorandum- and requirements at 61 Fed. Reg. 14763 (April 3, 1996) (Contractor Litigation Cost Policies: Policies, Terms of Law Firm Engagement, and Allowability of Costs -- Final Policy) [see also, 48 CFR 970.5204-13(c); Allowable Costs and Fixed-Fee -- M&O Contracts] regarding billing practices for contractors. This contract action is for services for which the Government intends to enter into a sole source contract with Winston & Strawn of Washington DC. The proposed contract action is for services for which the Government intends to solicit and negotiate with only one source under authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. However, all proposals received within 16 days after date of publication of this synopsis will be considered by the government. A determination by the government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. NB: Should the determination be made to award to a law firm other than that which is proposed in the sole source, that firm may be required to utilize the services of and team with existing WIPP litigation team counsel. Facsimile offers, required documentation, and qualifications prospecti are acceptable and should be sent to 505-887-6970 or may be sent electronically via the Internet to the following address: carrolk@wipp.carlsbad.nm.us. (0169)

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