Attachment A - PWS.pdf

Performance Work Statement

Legal Advice and Assistance and Consulting Services

I. Background and Performance Requirements

The U.S. Department of Energy (DOE, Department or Agency), Office of the General Counsel (OGC) seeks specialized expert legal services in several areas of law. The services will include interpretation of statutory authority, litigation and litigation support, and reviewing and providing advice regarding the Agency’s actions. DOE intends to establish an Indefinite Delivery Indefinite Quantity (IDIQ) contract. It is anticipated that DOE will make up to 10 Time-and-Materials/Labor Hour awards, and that awards may be made on a rolling basis.

DOE is seeking highly competitive legal services rates and the most efficient provision of services. It is anticipated that work will be provided virtually, with minimal (if any) in-person services (i.e., attending hearings or in-person meetings). To fulfill its requirements, DOE seeks firms of all sizes, including small businesses, which may be located throughout the United States. To encourage law firms that have previously not conducted business with the Federal government to submit proposals, DOE is waiving the requirements of 10 C.F.R. Part 719.

The Department seeks expert assistance and advice on the following areas of law:

• Energy law

• Specialized legal services related to matters under the Federal Power Act (FPA), including 202(c) orders and associated challenges. This requires highly specialized knowledge of the power grid, transmission policy, congestion rights, Regional Transmission Organization (RTO) market and other policies and procedures.

• Specialized legal services related to Liquified Natural Gas (LNG) the Natural Gas Act (NGA) and 10 C.F.R. § 590.402. This requires highly specialized knowledge of LNG markets, imports and exports of LNG, and policies and procedures related to LNG.

• Specialized legal services related to the Strategic Petroleum Reserve, including petroleum purchases and sales.

• Other areas of energy law.

• Litigation support

• Litigation and litigation support regarding disputes related to the termination of financial assistance awards, government contracts, or other agreements.

• Other litigation matters under federal laws or regulations, including but not limited to Energy Policy & Conservation Act (EPCA) challenges; Freedom of Information Act (FOIA) litigation; environmental compliance; and Executive Order (EO) litigation relating to funding, labor unions, and personnel issues.

• Financial transactions [more detail needed]

• Intellectual property law, particularly patent law and copyright law, potentially including:

• Preparation of patent applications for certain invention disclosures.

• Prosecution of patent applications including the preparation of responses, amendments, briefs, affidavits, requests, notices, and other papers, as well as interviews with Patent Examiners, as may be required from time to time during the period of this contract.

• Preparation of patent search reports, patentability opinions, infringement analysis, and patent validity opinions

• Preparation of foreign patent applications and conducting prosecution thereof

• Non-profit law [more detail needed]

• Bankruptcy law issues, particularly those where the Federal government is a creditor or has an interest in real or personal property of the entity in bankruptcy.

Estimates of work will be provided at the task order level. The Department anticipates its needs as between $5-$10M per year, spread across all contracts.

Where similar matters occur over time, the Department anticipates that significant efficiencies would be adopted for similar future work (e.g., utilizing previously performed research, reusing previously generated documents as templates, etc.) that would generate significant savings in time and cost. The Department also seeks solutions for contractor efficiencies (e.g., use of paralegals, AI, etc.).

II. Overview of Work

A. In order to provide adequate legal service to the Department the Office of the General Counsel must obtain specialized professional legal guidance and advice on complex matters relating to the areas of law outlined above.

B. Specific areas of continuing legal interest include expert knowledge substantively and procedurally of areas of energy law. In particular, legal analysis from specialized legal counsel is of critical importance to the Department’s response to the challenges to its actions. Therefore, expertise in legal issues surrounding the areas listed above is critical.

III. Scope of Work and Performance Objectives

A. Scope of Work. The contractor will provide the DOE Office of the General Counsel with professional legal advice and assistance in matters outlined at the task order level, which could be related to any of the areas of law outlined above.

The contractor will provide oral and written analysis, advice, and recommendations, including memoranda and opinion letters, to support formal legal opinions on issues of concerns to DOE. The contractor will also be available upon request to attend meetings with DOE officials and officials of other government agencies, although such in person meetings will be extremely rare. The contractor will perform litigation and litigation support as directed.

B. Performance Objectives. Specifically, the services to be provided pursuant to

DOE guidance and direction include, but are not limited to, legal analysis and counsel regarding the following:

• professional legal advice and assistance in highly specialized matters, statutory and regulatory analysis, litigation, and challenges;

• oral and written analysis, advice, and recommendations, including memoranda, opinion letters, e-mail analyses, and legal briefs on issues of concern to DOE;

• specialized professional legal advice and assistance, including litigation and litigation support, on very complex matters relating to:

• DOE authority under the FPA, challenges to Agency actions under the FPA, interpreting provisions of the FPA, and related areas;

• Matters related to the NGA, 10 C.F.R. § 590, and related areas;

• The Strategic Petroleum Reserve and related legal areas;

• Litigation support in disputes of termination financial assistance awards, contracts, or other vehicles;

• Financial Transactions;

• Intellectual property, patent, and copyright law;

• Non-profit law;

• Bankruptcy law issues involving the Federal government as creditor, or where the Government has an interest in real or personal property of the entity in bankruptcy.

C. The contractor must have the capability and resources to provide prompt (frequently real-time) expertise, analysis and guidance in urgent and high-priority situations, on issues that are of critical importance to DOE. These services must be provided at a reasonable price, with a demonstrated ability to provide the services in a cost-efficient manner.

The assistance described above may be provided by means of oral advice in person or by telephone, and by written memoranda, email or opinion letters, as required, and will require frequent consultation and coordination with DOE personnel on an urgent basis in Washington, D.C. The contractor will also be available upon request to attend virtual meetings with DOE officials and staff, as well as with officials and staff of other government agencies. Contractor’s assistance will not include representing DOE in litigation before any court or other contentious proceedings.

IV. Performance Expectations for this Contract

Performance Expectations. DOE will evaluate the contractor once per year as described below based on the five Performance Measurements:

1. Quality. The deliverable encompasses all of DOE’s specifications and does not require significant revision(s) due to errors or omissions.

2. Clarity. A written deliverable is thorough and written in a persuasive manner. An oral deliverable is thoroughly researched, adequately documented, professional, and persuasive.

3. Completeness. The deliverable, whether or oral, captures 100% of the information received from DOE or its contractors and provides additional insight about that information.

4. Timeliness. DOE receives 95% of the requested deliverables on time in accordance with the deadline mutually agreed upon. Much of this practice deals with very time-sensitive matters.

5. Cost. The contractor’s billing for a deliverable does not exceed the cost mutually agreed upon.

V. Reporting Requirements

At the conclusion of each month, the contractor shall submit with each invoice a Labor Hour Monthly Report. This report shall provide a brief description of the services provided under this contract each day during the prior month, the identity of the individuals providing the services, and their hourly rates. The itemized services shall be reported by DOE Order Number. Additionally, the hourly totals shall be cumulatively accounted from the beginning of the contract through to its end. The Contracting Officer’s Representative may from time to time require additional information for particular projects. There shall be no additional charge for the reporting requirements.