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COMMERCE BUSINESS DAILY ISSUE OF OCTOBER 5,1999 PSA#2448Ramah Navajo Class Action, C/O M. P. Gross & Associates, P.C., 460 St.
Michael's Drive, Santa Fe, NM 87505-7602 R -- ADMINISTER CLASS ACTION SETTLEMENT DISTRIBUTION SOL MPG-RNC7 POC
RNC Class Action, c/o Michael P. Gross, Esquire, 505.983.6686 WEB:
Click Here for PARTIAL SETTLEMENT AGREEMENT,
http://www.rncclassaction.santa-fe.net. E-MAIL: Click Here to contact
CLASS COUNSEL via e-mail, mpgross@santa-fe.net. The Plaintiff Class
through Class Counsel in Ramah Navajo Chapter v. Babbitt, D.N.M. No.
CIV 90-0957 LH/WWD is issuing a Commercial Item Request For Proposal
(RFP) for accounting and related services for an indefinite term
expected to be less than one year in connection with distribution of a
net class action settlement fund of approximately $70,000,000 paid as
compensation for underpayment of indirect costs of Indian
Self-Determination Act (ISDA) contracts and compacts from FY 1989
through FY 1993. The Partial Settlement Agreement, posted at
www.rncclassaction.santa-fe.net, describes the settlement and provides
a primary distribution methodology, subject to revision if it proves
not to be feasible. CPA services will encompass all accounting and
related functions needed to carry out the allocation procedures of
Appendix D of the Partial Settlement Agreement, including but not
limited to initial scoping and planning, eliciting, analyzing, and
compiling data from several hundred ISDA contractors and compactors to
determine eligibility for and amounts of payments, defending
determinations in event of appeals to the US Magistrate, and assisting
class counsel in developing an alternative distribution methodology if
the primary methodology proves not to be feasible. The contract will be
on a labor hour basis. Proposals must specify estimated hours and
estimated completion time for each stage of the work by reference to
each paragraph and subparagraph in Appendix D and the hourly rates to
be charged for each level of personnel to be used in the job. In
addition, each proposal must be accompanied by the offeror's most
recent external quality control report with comment, if any. Class
Counsel shall negotiate a contract with the firm whose proposal most
satisfies the criteria set forth below but reserve the right to
resolicit proposals in the event none of the proposals received appears
adequate. The Class reserves the right to cancel any contract entered
by way of this solicitation for convenience of the Class. The Class is
not obligated to negotiate with the low bidder. Price is only one of
the criteria for selection. A formal contract review and reevaluation
will occur not later than the point at which one third of the estimated
hours have been expended. Class Counsel have set a $1 million cap on
the contract price. All costs incurred by the offeror in the
preparation, transmittal, or presentation of any proposal or material
submitted in response to this RFP shall be borne solely by the offeror,
except that the Class may reimburse finalists' travel expenses if Class
Counsel determines, in their sole discretion, to interview any out of
state offeror. All such costs, except those Class Counsel may choose to
reimburse, shall be borne solely by the offeror whether or not the
offeror is chosen for negotiation of a contract or receives a contract
or whether or not this RFP is canceled. PROPOSALS MUST BE RECEIVED ON
OR BEFORE OCTOBER 22, 1999. Criteria for Selection Criteria for
selection are: Certified Public Accounting firm fully licensed,
insured, and in good standing in all jurisdictions of practice.
Familiarity with the Indian Self-Determination Act (ISDA) and prior
experience in conducting single agency audits of ISDA contracts and
compacts; and preparation and negotiation of indirect cost rates.
Experience in managing large data collection and financial disbursal
projects. Size of firm (co-ventures are permitted), with sufficient
staff deemed necessary to efficiently collect, sort, analyze, and
compile data necessary for the distribution of the settlement proceeds.
Proximity to the Court (Albuquerque, NM) and Class Counsel (Santa Fe,
NM), although co-ventures between nearby firms and distant firms will
be considered. Indian-owned firms as defined by Buy Indian Act will be
given a preference if their rates and projected cost of project are
within 2-1/2% of lowest offeror. Posted 10/01/99 (W-SN387490). (0274) Loren Data Corp. http://www.ld.com (SYN# 0033 19991005\R-0003.SOL)
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