Questions_and_Responses_for_16PBGC19R0008_Outside_Legal_Support_Services.pdf

Questions and Responses for 16PBGC19R0008 Outside Legal Support Services

1) Regarding the above-referenced solicitation, is PBGC seeking firms that can provide legal services in every area of law specified in Section 3 – Scope of Work on page 15 of the solicitation or will a firm with experience in complex business transactions and financial transactional matters, security arrangements, and uniform commercial code matters but without significant bankruptcy or litigation experience be eligible for an award under the solicitation?

Response: Yes. But lack of bankruptcy and litigation experience would limit the matters for which the firm might ultimately be retained.

2) Is this a new requirement or is there an incumbent vendor? If available, can you please send along the incumbent contract number?

Response: This is a follow-on requirement. A total of eight IDIQ contracts were awarded with a maximum IDIQ value of $50,000,000.00. The award date was July 9, 2013. Each contract expired on July 8, 2018. The vendor names and contract numbers are listed below:

1) Kelley, Drye & Warren PBGC01-D-13-0009

2) Reed Smith, LLP. PBGC01-D-13-0010

3) Wilmer Hale PBGC01-D-13-0011

4) Hughes Hubbard & Reed, LLP. PBGC01-D-13-0012

5) SNR Denton US, LLP. PBGC01-D-13-0013

6) Winston & Strawn, LLP. PBGC01-D-13-0014

7) Proskauer Rose, LLP. PBGC01-D-13-0015

8) Lowenstein Sandler PCPBGC01-D-13-0016

3) For the "Labor Category," there isn't a Counsel section. Could we include Counsel under "Junior Partner"?

Response: Assuming the Counsel satisfied the requirements we have listed for a Junior Partner, yes.

4) Regarding the "Contract Clauses," how would you like for us to respond to the sections not applicable to law firms?

Response: Please provide the clauses that you take exception with.

5) Could we demonstrate our experience for the Technical Proposal using relevant case studies that discuss a variety of the issues raised?

Response: Yes

6) Section B

a. Are the estimate hours pre-populated under the B.7. Price Schedule the amounts that should be quoted, or are these “place-holders” / estimates for each labor category?

(B.7)

Response: These are estimates used for price evaluation purposes.

b. Is the expectation for the law firm to populate the amount of hours we are willing to perform per year under the contract? (B.6)

Response: No

7) Section I

a. Will any modification to the contract clauses be accepted?

Response: See the response provided for question #4

8) Section J

a. In the technical proposal, do we need to include a Quality Assurance Surveillance

Plan?

Response: Not required

9) We see that no advance waiver is contemplated. This is a significant concern. What is the

PBGC’s view on this, and by way of some examples what happens if we are representing a firm client in financial distress where there is a pension liability that might involve the PBGC, or a lender into a distressed company where the PBGC may have a claim, in each case where we have not been representing the PBGC on that matter. How would that be handled?

Response: Conflicts are handled on a case-by-case basis depending upon the facts of a particular matter for which we are seeking legal representation. Being conflicted on one matter will not affect consideration for other matters.

10) Similarly, if selected as one of your outside counsel, would this retention preclude us from interfacing with the PBGC on behalf of our ERISA clients either as part of ongoing ERISA work or in M&A transactions where the target has a pension plan?

Response: See the response provided for question #4

11) How many competing contractors are to take part in the process?

Response: Per Section B of the solicitation, we expect to issue multiple IDIQ contracts.

12) How many contractors does PBCG ultimately expect to retain?

Response: See the response provided for question #11.

13) As to the entire RFQ, is there a requirement for respondents to have either a facility security clearance or for named individuals to have personal security clearances?

14) Section C Paragraph 3 (page 16 of 69) This section references six federal district courts. Is admission to the bars of all or any of these courts a requirement for all or any of the attorneys included in the Response to RFQ?

15) Section H Paragraph H.1 defines Key Personnel requirements for three personnel categories:

Lead Partner, Senior Partner and Junior Partner. Section B Paragraph B.7 for the Base Year and each of the Option Years specifies estimated hours not to exceed (NTE) 6300, 4000 and 1600 for the Lead Partner[s], Senior Partner[s] and Junior Partner. Since the former two categories specify a number of hours in excess of the standard yearly specification which is generally accepted to be NTE 2080 hours annually, is it expected that the Lead Partner and Senior Partner categories will require more than one person? Should multiple persons be identified for these positions and should submissions include detailed information for such persons?

Response: These numbers are estimates to allow PBGC to evaluate cost proposals. The number of hours required will depend upon the matters for which a contractor is selected. There is no need to identify multiple persons for each position.

16) Section I Paragraph I.24 specifies Key Contract Personnel as Lead Attorney, Senior Patner and Junior Partner. Section L, following Paragraph L.4 beginning on page 64 of 69, and titled Offerors’ Written Proposals, General Instructions Factor 2 Key Personnel Resumes.a (page 66 0f 69) requires that “One resume for each Key Person shall be submitted.” Does this statement require submissions of more than three resumes, or one each for Lead Attorney, Senior Partner and Junior Partner?

Response: One each for the three key personnel.

17) Section M Paragraph M.2, Factor 2 states: “The term “Key Personnel” shall include any poposed consultants and subcontractor employees who will perform duties under this efort.” That section further provides “The offeror shall provide the names, bios, resumes or position descriptions and information to support the qualifications, including relevant experience, specialized training and education, of all proposed key personnel” [emphasis added]. Does this requirement require such information for any proffered contract personnel who are not designated as Lead Attorney, Senior Partner or Junior Partner?

18) Section L, following Paragraph L.4 beginning on page 64 of 69, and titled Offerors’ Written Proposals, Evaluation of Technical Proposal, Factor 3, Past Performance, requires “three references …from previous customers who can provide information regarding performance of the offeror’s firm during the last three years….” Will offeror’s submission of the details of two task orders be evaluated as two past performances rather than one where each task order was awarded under a multiyear IDIQ contract with a federal government department, where each task order was awarded by a separate federal agency pursuant to a separate competitive technical and cost proposal which was evaluated by a separate Technical Evaluation Panel (TEP) which TEP determined each submission to be “best overall proposal and best value to the government”? The task orders were awarded under the IDIQ for two separate, independent agencies and each task order contract has a separate COR.

Response: Two task orders = two past performances