02. Evaluation Factors - Employment and Labor RFP.pdf

Evaluation Criteria

Legal Services: Labor and Employment, Employee Benefits and Compensation, and Immigration

Law Matters

January 8, 2025

TECHNICAL EVALUATION

FFDG will use technical evaluation criteria to evaluate the offeror’s Technical Proposal. Each offeror will be required to submit a proposal that addresses Subcontractor Capability Factors and Past

Performance Factors. The technical evaluation will focus on Factor No. 1 and Factor No. 2, and their sub-factors, whereas the price analysis will focus on the subcontractor’s price proposal, which is to be submitted separately from the technical proposal.

The Technical Proposal will be scored using the adjectival scoring matrix listed below. The Price

Proposal will not be adjectivally rated. The Price Proposal will be judged on realistic costs and the evaluated cost to FFDG.

Technical Evaluation Factors:

FFDG will use the following criteria, listed in order of importance, to evaluate and rate each proposal:

Factor 1 – Subcontractor Capability

A. Applicability and depth of prior relevant experience in the specified areas of law.

A.1 Labor and Employment, Employee Benefits and Compensation Law

A.2 Immigration Law

B. Key Personnel and Staffing

Factor 2 – Past Performance

Offerors are requested to use the format described hereafter for ease of review and minimization of repetition of presented material. The technical proposal shall not contain any reference to price. It must disclose offeror’s project approach in as much detail as possible including, but not limited to, the requirements of the Technical Proposal instructions. FFDG encourages offerors to focus on a detailed technical approach specific to this effort rather than standard marketing language.

The Technical Proposal shall include information adequate to evaluate the proposed services against the requirements provided in the SOW as described herein.

Factor

No. 1

Criteria

A. Subcontractor Capability – Applicability and depth of prior relevant experience in the specified areas of law.

Provide a brief overview of the firm’s experience in the relevant legal areas, highlighting relevant representations of national laboratories, government contractors, or non-profit institutions of higher learning.

A.1 Labor and Employment, Employee Benefits and Compensation Law

• Experience in federal and state labor and employment laws and regulations;

employee relations; labor unions

• Experience in Equal Employment Opportunity Commission (EEOC) and Illinois

Department of Human Rights (IDHR) regulations and claims

• Experience in labor and employment litigation and arbitrations

• Experience in advising on union issues, including union negotiation and NLRB claims

• Knowledge and experience with the International Association of Machinists and

Aerospace Workers (IAM) and IAM local 701 a plus

• Expertise in the areas of Federal and State Wage and Hour laws, FLSA, ADA, FMLA and Equal Pay Act compliance; including ability to conduct pay equity compliance reviews

• Experience consulting and advising on personnel actions such as terminations and suspensions

• Experience in employee benefits and compensation law

• Experience in preparation and negotiation documents and agreements

• Experience preparing filings and representing organizations before administrative or government agencies

• Experience conducting investigations relating to labor and employment, user or visitor complaints, and benefits and compensation

• Experience in advising on compliance with the Office of Federal Contract

Compliance Programs, including preparation of the annual affirmative action program

A.2 Immigration Law

• Expertise in immigration and visa issues for employment

• Experience in providing employment-based immigration services including preparation and filing of H-1B and O-1 visa petitions, PERM applications, I-140 immigrant petitions, and I-485 Adjustment of Status applications

• Experience in drafting support letters for EB-1A and EB-1B I-140 petitions and preparing petitions for scientists and engineers in the government research institution environment

• Expertise to provide guidance on various immigration-related questions including but not limited to assessment of immigration status, options for foreign students of U.S.

universities, foreign nationals’ travel outside of the U.S., various nunc pro tunc arguments, lapse in status situations

• Experience in preparing filings and representing clients before administrative or government agencies for immigration and visa issues

• Experience conducting investigations relating to immigration issues

B. Key Personnel and Staffing

• Provide a short summary of the firm’s staffing approach for this engagement, including proposed attorney team, team lead, leverage ratio, location, and detail on how communication and workflow will be managed.

• Provide biographical sketches of the partner(s) and other attorneys who would assume primary responsibility for providing the services, with particular attention to experience each individual has with providing comparable scope of services to similar plans.

Factor

No. 2

Criteria

2 Past Performance

A. Provide a minimum of three (3) references from current clients, preferably national laboratories, government contractors, or non-profit institutions of higher learning including:

a) Organization, contact name, title, telephone number, and email address

b) Scope of relationship

c) Years of service

Experience working in a federally funded laboratory environment or working with a

Department of Energy Management and Operating (M&O) contractor is a plus.