RFQ-OSCounselOfferorInstructions_110519.docx

693JJ6-20-Q-000001 11/05/2019

U.S Department of Transportation Federal Railroad Administration Office of Chief Counsel Outside Counsel Support (NAICS Code 541110 PSC R418)

INSTRUCTIONS TO OFFERORS

Each offeror should submit one (1) electronic copy of the following via e-mail to os-counsel20Q1@dot.gov:

a. Technical approach to the Statement of Work (SOW) not exceeding five (5) pages. Contractors may include a cover page and a table of contents up to 1 page in length each (in addition to the 5-page technical response above).

b. Two (2) page Key Personnel Narrative and Resumes (no page limit for resumes of key personnel).

c. Three (3) page Past Performance Narrative and References.

d. Labor Hour price quotation.

The Government will evaluate all quotes and select the quote that represents the “best value” after technical approach, key personnel, past performance and price are considered. Quotations will be evaluated as described below.

Quotes are due no later than 2:00 PM EST, on Thursday, 11/21/2019, and shall be submitted by e-mail to the Contracting Officer, Isaac Rosier, Jr., at os-counsel20Q1@dot.gov.

Technical Quotation (10 pages) 1.) Technical Approach Offerors providing a quotation will be evaluated on their technical approach to accomplishing the SOW. The technical approach shall demonstrate the offeror’s ability to clearly describe the contract objectives, needs and the manner in which they will be addressed in five (5) single-sided pages or less. Response should not repeat the contract language, but rather should demonstrate a grasp of what is expected. Provision of a sound, feasible, and achievable technical approach, which includes a reasonable schedule of work and estimated time frames for completion. This includes the ability to meet the short time frame for the project described in the attached SOW.

2.) Key Personnel Offerors providing a quotation will be evaluated on their proposed key personnel. In no more than two (2) pages, offerors shall note the professional experience, subject matter expertise, technical competence and the adequacy of staffing necessary to perform the SOW. Qualifications of the personnel, including specific experience of key personnel with transactions presenting issues and considerations for parties similar to those presented to FRA. Resumes shall demonstrate relevant experience and expertise for performing the SOW effort. Key Personnel shall be assigned to labor categories (consultant subcontractors included as key personnel shall also be assigned to a labor category). Individual resumes are not subject to page limits and are not included in the page count for Technical Quotation above.

3.) Past Performance/Experience The Government will assess the breadth and quality of the Contractor’s experience and past technical approach from the Contractor’s narrative. The offeror shall submit a past performance record that includes the three most recent and relevant projects completed of a similar nature and complexity that includes a summary of the work completed and the contact information (phone, address and e-mail) of the Contracting Officer and/or the Contracting Officer’s Representative, or similar non-governmental points of contact. This past performance record shall not exceed three (3) single-sided pages.

Other information, including information available from web searches, technical evaluator knowledge and as may be found in the Past Performance Information Retrieval System (PPIRS) may also be used to evaluate past performance.

Price Quotation Offerors shall provide fully loaded Direct Labor Hour Rates for the proposed personnel to support the SOW effort.

CONFLICTS OF INTEREST

The FRA seeks counsel that will provide the highest caliber of services commensurate with the complexity of the legal advice requested. The FRA recognizes that firms often represent a party and provide services to a party in one transaction and upon completion of a transaction may represent another party. Conflicts are viewed within the legal and financial profession on a transactional basis and subject to rules of professional responsibility or codes of conduct. At no time may a Contractor represent both FRA and Amtrak on the same transaction.

The DOT is committed to avoiding situations which may place any of its contractors in a position that may subject them to circumstances involving bias, conflicts of interest or unprofessional conduct. In this respect, the contractor's strategic goals, corporate policies, management practices, and culture must be designed to maintain the firm's public responsibility of independence without regard to remuneration from other sources.

DOT's policy is to award contracts to only those Contractors whose objectivity is not impaired due to any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by Departmental activities. No member, partner or key personnel of the Contractor, or an immediate family member thereof, shall have an interest, financial or otherwise in projects or property related to a project, or property that is adjacent thereto, for which the Contractor is providing legal advice. The Contractor shall be bound by, and strictly comply with, applicable Rules of Professional Responsibility or Code of Conduct requirements regarding ethical and conflict of interest issues that impact the delivery of advisory services provided to the Department.

The Contractor agrees that, with its proposal, the Contractor will certify compliance with the DOT's conflict of interest policy as follows:

1. The Contractor will determine whether Amtrak or any parties involved in the work of this contract are also clients of the Contractor.

2. The Contractor will determine whether the contractor ever represented Amtrak or any of the parties involved in the work of this contract in any proceeding before the FRA or DOT.

3. The Contractor will conduct a conflict of interest analysis in accordance with Federal Acquisition Regulation (FAR) Subpart 9.5, and consistent with State Code of Professional Responsibility or the Model Rules of Professional Conduct (depending on which is applicable to the contractor.)

4. The Contractor shall then either:

a) whether before or after award of the contract, promptly disclose, in writing, to the Contracting Officer and COR any actual or apparent conflict of interest with FRA, DOT or any modal administration within DOT; provide written disclosure of any other interest or relationship that may give rise to the appearance of a conflict that could affect the public's confidence in the Department's execution of federal laws and regulations governing its financial assistance and safety programs; include a description of the action the Contractor has taken to remedy the conflict; and if applicable, request a waiver of such conflict if appropriate; or

b) certify that no actual or potential conflict exists with respect to the services to be provided in connection with this contract or that any actual or potential conflict of interest that does or may exist has been communicated in writing to the Contracting Officer.

The Contracting Officer reserves the right under 9.504 of the FAR, to independently evaluate any potential conflict(s) of interest and take action to avoid, neutralize, or mitigate the conflict(s) prior to award. The Contracting Officer who, after consulting with the COR and FRA’s Office of Chief Counsel, will make a final decision on waiver requests. If the Contractor was aware of a potential or actual conflict of interest prior to award or discovered an actual or potential conflict after award and failed to disclose or misrepresented relevant information to the Contracting Officer, whether intentionally or not, the Government may terminate the contract for cause.

Direct any questions related to this RFQ to the following e-mail address: os-counsel20Q1@dot.gov. No telephone inquiries will be accepted.

The Contracting Officer is Isaac Rosier, Jr. / isaac.rosier@dot.gov / 202-493-6149.