RFP 2032H324R00019 Amend 0003 Updated Pages.pdf

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Office of the General Counsel (OGC) Legal Support Services
Solicitation number
2032H324R00019
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This document is a Request for Proposal (RFP) for legal support services to be provided to the Department of the Treasury, Office of the General Counsel (OGC). The requested services will support various Treasury initiatives, including the Payroll Support Program (PSP) and the CARES Act section 4003 loan program, and may include legal assistance with equity and debt dispositions, asset management support, and other transactional work.

The RFP provides details on the submission process, including the deadline of September 16, 2024 at 9:00 AM ET for proposal submissions and the August 15, 2024 deadline for submitting questions. It notes that the government intends to evaluate offers and award a contract without discussions, though it reserves the right to request oral presentations or conduct discussions if necessary. The RFP also includes information on contract type, pricing schedule, and electronic invoicing requirements.

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Request for Proposal (RFP) # 2032H324R00019 – Amend 0003 Office of the General Counsel (OGC) Legal Support Services

Date: 13 August 2024

Subject: RFP # 2032H324R00019 – Legal Support Services

The Department of the Treasury, Internal Revenue Service (IRS) Procurement Office of Business Solutions Acquisitions, Treasury Operations Branch (TOB) is issuing this RFP on behalf of the Department of the Treasury, Office of General Counsel (OGC) to solicit legal support services as described further in the Performance Work Statement (PWS) provided as part of this RFP. If you are interested in competing for this effort, you and/or your team may participate by submitting your proposal in accordance with the procedures in this RFP.

The required legal services will support various Treasury initiatives, including two pandemic-era programs that provided assistance to airlines and certain other businesses. The requested services include legal assistance with equity and debt dispositions, asset management support, and other transactional work. The two programs noted above are the Payroll Support Program (PSP) and the CARES Act section 4003 loan program. More information about those programs is available on the Treasury website at Airline and National Security Relief Programs | U.S. Department of the Treasury ( https://home.treasury.gov/policy-issues/coronavirus/assistance-for-american-industry/airline-and-national-security-relief-programs ). In addition, it is expected that the law firm retained for this work may be asked to support other Treasury initiatives over time, likely focusing on transactional work.

https://home.treasury.gov/policy-issues/coronavirus/assistance-for-american-industry/airline-and-national-security-relief-programs https://home.treasury.gov/policy-issues/coronavirus/assistance-for-american-industry/airline-and-national-security-relief-programs

Request for Proposal (RFP) # 2032H324R00019 – Amend 0003 Office of the General Counsel (OGC) Legal Support Services

SECTION L – INSTURCTIONS, CONDITIONS AND NOTICES TO OFFERORS

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

The following provisions are incorporated into 52.212-1 as an addendum:

1. RECEIPT OF OFFERS AND QUESTIONS

Please submit one (1) electronic copy of the proposal via email to Contract Specialist (CS) at Acacia.j.harris@irs.gov, and Contracting Officer (CO) at kathleen.a.guyther@irs.gov NO LATER THAN (NLT) 9:00AM Eastern Time (ET) on 16 September, 2024. All documentation must be received by the closing date and time of the RFP. Late proposals will not be considered for award.

All questions must be submitted via email to the CS and CO identified above NO LATER THAN (NLT) 10:00AM ET on 15 August, 2024 and must reference the applicable RFP section, clause, paragraph number, and/or page number. Any questions submitted after the due date and time shall not be addressed or considered. Telephonic inquires will not be accepted.

All questions will be consolidated and responses will be provided to all prospective Offerors through an RFP amendment. The Government reserves the right to consolidate responses to similar questions from multiple Offerors.

All communication prior to award must be directed to the CS/CO. No other channel of communication between the Offeror and an officer, employee, or agent of the Treasury regarding this RFP is permitted, and no information gained from any such communication may be considered in any way binding or limiting to the CO. Therefore, Offerors are cautioned against contacting other Government personnel in regard to this RFP prior to award of this procurement. If such contact occurs and is found to be prejudicial to competing offerors, the offeror making such contact may be excluded from award consideration.

2. EXCHANGES WITH OFFERORS AFTER RECEIPT OF PROPOSALS

The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial proposal shall contain the Offeror’s best terms from a price and technical standpoint. However, the Government may issue clarifications to clarify certain aspects of Offerors proposals or to resolve minor or clerical errors.

Additionally, the Government reserves the right to request oral presentations or conduct discussions if later determined by the CO to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. This statement is not to be construed to mean that the Government is obligated to conduct oral presentations or open discussions with every Offeror. An Offeror may be eliminated from consideration without further discussion if its technical and/or price proposals are not among those Offerors considered most advantageous to the Government based on the best value determination.

If required, proposal modifications, or revisions must be submitted in accordance with the solicitation and any amendments.

mailto:Acacia.j.harris@irs.gov mailto:kathleen.a.guyther@irs.gov

U.S. Department of the Treasury
Legal Support Services
The Office of the General Counsel (OGC)
Request for Proposal (RFP) # 2032H324R00019
TERMS AND CONDITIONS
SECTION A – SOLICITATION/CONTRACT FORM
SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS
1. Type of Contract
FAR 52.216-1 Type of Contract (Apr 1984)
2. Authorized BPA Users
3. BPA Ordering Guidelines
4. Pricing Schedule
The Government will not be obligated to pay the Contractor any amount in excess of the rates in the below Schedule. The following rates are fixed and will be utilized during the life of this contract, unless and until the Contracting Officer notifies ...
5. Service Contract Wage Determination
SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
SECTION D – PACKAGING AND MARKING
1. Electronic Deliverables
SECTION E – INSPECTION AND ACCEPTANCE
1. FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)
2. Inspection and Acceptance
3. Post Award Evaluation of Contractor Performance (JUN 2020)
SECTION F – DELIVERIES OR PERFORMANCE
Refer to Attachment 1 – BPA PWS
Period of Performance
SECTION G – CONTRACT ADMINISTRATION DATA
1. Contracting Officer (CO)
2. DTAR 1052.201-70 Contracting Officer’s Representative (COR) Appointment and Authority (Apr 2015)
3. Key Personnel (May 2018)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
1. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS FOR THE INVOICE PROCESSING PLATFORM (IPP) (JUL 2019)
2. ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 2018)
SECTION I – CONTRACT CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2023) (ALTERNATE I) (NOV 2021)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
DTAP 1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (DEVIATION 00002) (APR 2018)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS FOR THE INVOICE PROCESSING PLATFORM (IPP) (JUL 2019)
(a) Definitions:
"Short payment" as used in this clause means the partial payment of an invoice for goods/services actually rendered at the time of payment when the invoice includes additional goods/services that have not yet been provided/rendered.
"Short payment" example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before...
(b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment through the IPP will be mandat...
(c) Contractor Point of Contact Information
Contractor Name: ______________________________________________________
Contractor IPP Point of Contact Name: __________________________________________
Contractor Phone Number: ___________________________________________________
Contractor E-mail Address: ___________________________________________________
(d) Electronic Invoicing and Payment Requirements
Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. To be approved for payment, a "proper invoice" must list the items specified in FAR 52.232-25 (a)(3)(i...
If the vendor is offering a discount via the IPP, the discount must be reflected on the invoice. The vendor will select 'Create Invoice'. The IPP system will default to 'Net 30 Prompt Pay' under the Payment Terms dropdown box. The vendor will select f...
Under this contract, the following documents are required to be submitted as an attachment to the invoice. Please do not submit into IPP any documentation/attachments that conflict with what is stated on the invoice:
-Monthly Status Report
Payment and Invoice Questions
For payment and invoice questions, contact the Ancillary Systems at (304) 254-3372 or via e-mail at cfo.fm.ipp.customer.support@irs.gov.
(e) Waiver
If the Contractor is unable to use the IPP for submitting payment requests starting on October 1, 2012, then a waiver form must be completed and submitted with the contractor's proposal submission for review and approval by the Contracting Officer bas...
(f) Short Payment
Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid.
IRS Invoice Processing Platform (IPP) Waiver Form
The IRS invoicing and payment requirements clause (IR1052.232-9000) requires that all invoices under awards made (or effective) on or after October 1, 2012, be submitted electronically via the IPP unless a waiver is requested and granted. If the Contr...
Reason for requesting a waiver of the requirement to submit an electronic invoice via the IPP:
[ ] 1. Submission of invoices through IPP would impose a hardship on an individual (includes employees and sole proprietors) due to: either a physical or mental disability; a geographic, language, or literacy barrier; or an undue financial burden. The...
[ ] 2. The political, financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically.
[ ] 3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify area/location.)
[ ] 4. The submission of invoices electronically may pose a threat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised.
[ ] 5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e., the invoice submission is non-recurring.
[ ] 6. The contractor customarily submits a high volume of invoices on a regular basis via file format, not currently supported by the IPP (i.e., uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burde...
[ ] 7. Other - Please explain: ______________________________________________________
Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 through 7).
(End)
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
FAR 52.252-1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
NOTIFICATION - ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 2018)
FAR 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)
FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)
FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has ...
5. ORGANIZATIONAL CONFLICTS OF INTEREST (MAY 2018)

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