Department of the Treasury, Office of Thrift Supervision (OTS), Procurement and Administrative Services, 1700 G Street, N.W., 3rd Floor, Washington, DC, 20552

R -- TEMPORARY LEGAL SUPPORT SERVICES SOL P00162 DUE 061500 POC Jim Harden, Sr. Contract Specialist, Phone (202) 906-7351, Fax (202) 906-5648, Email james.harden@ots.treas.gov -- Elaine Logan, Manager, Procurement Branch, Phone 202-906-6193, Fax 202-906-5648, Email WEB: Visit this URL for the latest information about this, http://www.eps.gov/cgi-bin/WebObjects/EPS?ACode=P&ProjID=P00162&LocID= 1767. E-MAIL: Jim Harden, james.harden@ots.treas.gov. Desc: The Office of Thrift Supervision (OTS), Washington, D.C. via this notification requests a quotation (RFQ) for contractor temporary legal support services as specified below. The Government intends to acquire these services as a commercial item using Federal Acquisition Regulations (FAR) Part 12 and the Simplified Acquisition Procedures of FAR Part 13.5. Oral communications are not acceptable in response to this notice. All responsible sources may submit a response to this RFQ. The Government intends to award a fixed rate labor hour contract to the responsible offeror conforming to the items listed herein and considered to be the most advantageous to the Government. Award will be on an all-or-none basis with respect to the requested services. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. The RFQ solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 97-17. This is a 100% small business set-aside under SIC Code 8111. All questions regarding this solicitation must be emailed or faxed (see below). Phone questions will not be answered. The following Federal Acquisition Regulation (FAR) Provisions apply to this solicitation: 52.212-1, Instructions to Offers_Commercial Items; 52.212-3, Offeror Representations and Certifications_Commercial Items. The Representations and Certifications which must be completed and submitted with the quotation are located at http://www.arnet.gov/far/ Description of services required: In 1989, Congress enacted the Financial Institutions Reform, Recovery and Enforcement Act. FIRREA restricted the use of goodwill as a component of capital and led to a rash of lawsuits. On July 1, 1996, the Supreme Court ruled in favor of the plaintiffs on the issueof contract liability in three test cases (Glendale, Winstar, and Statesman). There are now more than 100 of these lawsuits, which are generally known as the _goodwill cases._ Although the cases vary, the plaintiffs typically seek substantial monetary damages based on allegations that FIRREA_s capital provisions caused the government to (1) breach a contract allowing the thrift to include supervisory goodwill in capital and amortize it over an extended period; and (2) take the plaintiffs_ property without just compensation. Pursuant to procedural orders entered by Chief Judge Smith, the OTS is approaching the beginning of a period of discovery with respect to a third group of 30 of these goodwill cases. SCOPE OF WORK -- Beginning on or about July 1, 2000, the Contractor will provide one or more junior-level attorneys or recent law graduates (up to one year of experience) (collectively referred to as the _attorney temps_) for temporary legal support services in connection with the goodwill group of cases. The attorney temps will work on a variety of discovery matters related to the 30 cases scheduled to begin fact discovery in 2000, and other related duties such as legal research, document review, searches and production, assisting in the preparation of answers to interrogatories, and coordinating with the U.S. Department of Justice, which acts as attorneys of record on the cases for the government. As OTS_ needs dictate during the discovery process, the Contractor will also provide 58 juniorlevel paralegals (the _paralegal temps_), who will begin work on or about July 1, 2000. This work will consist of reviewing boxes of OTS documents to determine whether the documents concern certain business entities or certain other matters. The paralegal temps will mark responsive documents with _Start_ and _Stop_ sheets. All of the temps (attorneys and paralegals) will work 7 hours per day, Monday through Friday, beginning at 9:00 AM and finishing at 5:00 PM, with an unpaid lunch break of one hour. All work will be performed on OTS premises at 1700 G Street, N.W., Washington, D.C. OTS staff will provide training prior to commencement of the work. Note: All decisions of a substantive nature and having an impact on the litigation will be made by OTS. The Contractor will timely replace any temp (attorney or paralegal) whose performance is unacceptable to OTS or otherwise requires replacement. The replacement temp will require OTS pre-approval before commencing work under this contract. No minimum level of usage is mandatory or guaranteed under any contract resulting from this solicitation. OTS reserves the exclusive right to determine its needs hereunder. OTS shall not be obligated for any services other than those specifically authorized in the contract or modification issued by the Contracting Officer. NONPERSONAL SERVICES -- The services to be acquired under this agreement are nonpersonal services as defined in the FAR. CONTRACT OFFICER_S TECHNICAL REPRESENTATIVE (COTR) _ Designated at contract award. TERM OF THE CONTRACT -- The contract term is from the date of award through June 30, 2001, or such earlier date as determined by OTS. RETENTION OF FILES AND WORK PAPERS -- Neither the Contractor nor the temps shall dispose of any files or work papers relating to this litigation without OTS_ written consent. Both Contractor and the temps recognize that all significant components of the files developed during the course of this engagement are Federal records and shall be managed in accordance with applicable Federal laws, regulations, and any applicable court orders. The files relating to the above-mentioned litigation are the property of OTS and at the end of this engagement, Contractor and the temps will leave all such files in the custody of OTS. CONFLICT OF INTEREST -- The Contractor and the temps shall observe the highest ethical standards in the conduct of this engagement, and be free of any conflict of interest. Each temp shall agree to be bound by the American Bar Association_s Model Code of Professional Responsibility (current version). The temps are prohibited from working on the above referenced cases in the future for any of the plaintiffs or their consultants or otherwise using confidential and/or protected information learned during performance of this contract. To that end, the temps shall not accept, without prior written approval by the OTS, any engagement that conflicts with the interests of the United States or OTS in this matter. In the event a question should arise concerning a conflict or potential conflict of interest, the COTR reserves the right to decide whether an actual or apparent conflict exists and the temps may not proceed in the other matter until the conflict is resolved. CONFIDENTIALITY OF INFORMATION -- In providing litigation support services for OTS, the temps will have access to confidential information. Before commencing any work for OTS on the goodwill cases, the temps (1) shall be apprised of the confidential nature of the information involved in this litigation, (2) shall be apprised that the Court of Federal Claims has enjoined the use of that information for any purpose other than the goodwill cases and has enjoined the disclosure of that information to any person other than as expressly provided for in the Master Protective Order, dated November 22, 1996, (3) shall read the Master Protective Order, particularly noting the restrictions contained in Paragraph 16 of that Order, and (4) shall execute a declaration of nondisclosure before contract award. Contract award will be made to the responsible offeror whose quotation conforming to this combined synopsis/solicitation will be the most advantageous to the Government price and other factors considered. The following factors will be used by the OTS to evaluate quotes: Proven record of satisfactory customer service demonstrated through references from other similar jobs. (Provide the names and numbers of 3 references with quote). Quality of the pool of temporary workers available, in termsof appropriate training and work experience. Ability to provide temporary workers promptly on a flexible basis, i.e., 10 workers one day, and only 1 the next; and price. The following FAR clauses will apply to any contract resulting from this solicitation: 52.212-4, Contract Terms and Conditions_Commercial Items; 52.212-5, Contract Terms and Conditions required to Implement Statutes or Executive Orders_Commercial items. Quotations are due in the Procurement Office by 4:00 P.M. EST 6/15/2000 at the Office of Thrift Supervision, Attn: Jim Harden, Contracting Officer, 1700 G Street N.W., Washington, D.C. 20552. Proposals may be faxed to 202-906-5648 or emailed to james.harden@ots.treas.gov Posted 06/09/00 (D-SN463469). (0161)

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