19GE5021R0012 Q and A.pdf

Legal Services US Consulate Munich, Germany

Solicitation Number 19GE5021R0012

Questions and Answers

Q1: Section 1.6 defines a minimum quantity of 20,000 Euros over the entire period of the contract, with a maximum dollar value of all Task Orders as “TBD” Euro. Section 1.4.2 of the RFP defines a “maximum estimated quantity” of 200 hours per year for the base year and all four option years. Can you please clarify the anticipated scope of Legal

Services to be ordered for each year of the contract? The minimum quantity is very low, and we may not be able to offer our best pricing without a more significant guaranteed minimum and a better understanding of the anticipated hours?

A1: An offeror only needs to investigate and disclose conflicts of interests by entities other than the local Partnership if the other global firm entities will perform work under the contract or will be provided confidential attorney-client information.

Q2: Can you please address (i) the required support of real estate transactions (including disposals) elsewhere in Europe and in which jurisdictions, (ii) what is involved in the standard template review and which jurisdictions are covered, and (iii) whether the local context involves a limitation to German law?

A2: The Performance Work Statement’s language, in this instance, was written broadly, as to allow the flexibility to seek legal advice for property acquisitions that may lie within the greater European region. There is no specific plan at time that would warrant seeking such advice.

Q3: Technical advice may not be carried out or subcontracted by a law firm in Germany and it’s unusual requirement under German law. Can you please describe the intention here?

Will an architect be involved who is necessary for certain tasks?

A3: Because such technical surveys/verifications are a normal part of our process to confirm clear title and boundaries of prospective sites, we usually ask local counsel to coordinate and procure these and similar services. However, if, as mentioned on the Pre-Proposal

Conference Call, if there are legal restrictions on law firms providing these activities in

Germany, please provide a summary of the inability of your firm to provide the services in your proposal. If legal restrictions limit the services that can be provided, we will not require these services for this project (though we would still see advice on how to procure such services independently).

Q4: What is the intent with regard to limitations and adjustments that may be necessary in order to comply with German law and professional attorney law? How will these be handled under the contract?

There is no limitation of liability identified in the RFP. Can offerors propose such a limitation consistent with customary commercial practice?

In order to comply with at least some contractual requirements, we may need to ringfence or make certain carve outs (e.g, FAR 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment (Aug 2020)). Is the

USG willing to consider such revisions consistent with customary commercial practice or must an offeror comply with all requirements without exception?

A4: Identify clearly in your proposal any conflicts with German law. Negotiations maybe held prior to award to resolve these issues.

Q5: The past performance evaluation appears to require the disclosure of information that is subject to the attorney-client privilege. Is that the intent? If so, may we disclose to our clients that the USG is a potential client in order that we may request a waiver to disclose such information?

A5: The USG requires past performance references to allow the Government, at its prerogative, to inquire on how well your firm performed on past work. Yes, please disclose to your clients that the USG is a potential client, who may contact them, and ask for a waiver as appropriate.

Q6: According to the Performance Work Statement (PWS), the USG may also request services in support of related real estate transactions […] elsewhere in Europe […]. To what extent will legal advice be relevant for business activities in Europe? (see page 12)

A6: This refers to the future potential for projects related to work in Germany during the term of the contract, most likely resulting from decisions made as part of the Bureau of

Overseas Buildings Operations Germany Country Plan, which is in its very early stages.

At this point, it is impossible to know if such projects will arise or now, and potential bidders should not focus on these projects in their response.

Q7: With regard to the Management Plan, we should provide that we have authorization to do business in Ireland. To what extend will legal advice be relevant for business activities in

Ireland? (see page 57)

A7: This is in error. It should instead read “Germany”.

Q8: The offeror is required to complete certifications required in Section 5. For example, on page 48 of the solicitation document, it says “Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.” - What means "certifies" in this context? What kind of certification is needed? (see page 48)

A8: Submission of the offer signifies certification. Also, this certification is also completed upon completing the registration process in the System for Award Management (SAM).

Take note of the first paragraph of provision 52.212-3 at page 38, as it explains what sections of 52.212-3 must be completed, and what has been/will be accomplished in

SAM.

Q9: Regarding the Pricing Volume: We understand that we should fill in table 1.4.2.1 (Base

Year Period). Should we also provide information for the following tables “First Option

Year Period” to “Fourth Option Year Period” (1.4.2.2/1.4.2.3/1.4.2.4/1.4.2.5)?

A9: Yes.

Q10: The services described in sec. 2.6.2 (field verification), 2.9.5 (verification of the boundaries), 2.11.6 (written opinion on development challenges) and 2.12 (services of technical specialists) are usually provided by technical consultants/surveyors/architects.

Could you please describe in more detail what services you expect from us in this context? (see pages 14,15 and 17)

A10: See A3