RFQ_16-22_Counsel_Svs_(EEO_Work).pdf

NEA REQUEST FOR QUOTE (RFQ) # 16-22

LEGAL SERVICES

1. GENERAL

This request for quote is for legal services specializing in EEO (Equal Employment Opportunity) matters.

All relevant details are contained in the sections below.

2. STATEMENT OF WORK

The contractor shall represent the NEA in litigation before the Equal Employment Opportunity

Commission (EEOC) for a specific EEO matter. The contractor shall serve as outside counsel to the NEA representing it before the EEOC and, if necessary, the Merit Systems Protection Board (MSPB) regarding this employment matter. The contractor shall possess expertise in defending matters before the Equal

Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB).

The contractor shall meet (in person or by telephone) with the project director at the NEA OGC (or a designee) in Washington, DC to review the required work and documents. Electronic case filing and appeals for the EEOC require Adobe Acrobat files with bookmarks, such as Adobe Acrobat 8.1.

The contractor’s services shall be of the highest standard of ethics and professionalism, pursuant to the

DC Bar, and other entities such as the American Bar Association and the Office of Government

Ethics. (See American Bar Association Rule 1.10 and 1.11; 5 C.F.R. Part 2635 and 5 C.F.R. Part 2641;

and 5 C.F.R. Part 6501.)

Detailed Specifications

Below are the detailed tasks the contractor shall be required to perform:

Upon contract award, the contractor shall participate in an in-person or telephone meeting with the NEA’s OGC to discuss the pending EEO matter, including the strategy, purpose, goals, deadlines and schedule for completing tasks. This meeting is expected to occur promptly after this contract is awarded.

The contractor must be prepared to enter a timely appearance with the Office of Federal

Operations at the EEOC.

The contractor shall conduct update meetings periodically until the case is assigned and every two

(2) weeks or more often thereafter, depending on the pace of the case and as decided by the

Project Director.

The contractor shall provide periodic brief written and telephonic updates if the matter proceeds.

Generally, the contractor shall submit all written deliverables to allow the Project Director a two-week review period before due dates to administrative bodies, federal court, etc.

The contractor may be required to represent the NEA as needed before administrative bodies or federal court.

3. CONTRACT TERM & TPYE

Contract Term:

Due to the nature of the work required, the exact period of performance is unknown; it is possible that the term may stretch up to 3 years in length. It is anticipated that there will be several periods during the period of performance where the contractor will not be actively working (awaiting responses from administrative bodies, etc.).

Start: Date of Award

End: Award + 36 months

Contract Type:

Firm fixed rate contract with price ceiling.

4. PRICING

The contractor shall submit a cost breakdown identifying and addressing the breakdown of the various phases listed in the pricing table below. Additional pricing info must be provided, if required, to address all related costs required for the work described.

If less than the maximum # of hours are required for contract work, then the cost will be equal to only the corresponding total for that # of hours.

If more than the maximum # of hours are required, the cost shall be limited to the grand total in the table below (as submitted by vendors).

ITEM

No.

SUPPLIES OR SERVICES QTY UNIT UNIT PRICE TOTAL AMOUNT

Litigation Services

Stage I - Pre-Discovery, etc.

Stage II - Discovery, etc.

Stage III - Hearing Prep, Appeal, Trial Phase, etc.

FIRM FIXED PRICE GRAND TOTAL*:

(Not to Exceed)

*Notes*:

1) The National Endowment for the Arts is a federal agency and exempt from sales tax.

2) All-inclusive (of overhead, related costs, travel, etc.)

3) If necessary, please expand on/include additional pricing/related info.

5. DELIVERABLES

The contractor shall provide all written deliverables that are required for the EEO matter.

Acceptance Criteria: The NEA Project Director, as the subject matter expert, will determine if deliverables are acceptable and if changes are needed. Edits and acceptance of deliverables will be expressed or confirmed in writing.

6. EVALUATION FACTORS

The following evaluation factors shall be used to evaluate all proposals:

1. Price

Pricing information shall include the information requested in the pricing table in this RFQ and any supplemental information the vendor may need to submit to address the RFQ. Additionally, pricing information should also indicate when each distinct level of attorney will be engaged (what level of attorney will work which items), etc.

2. Organizational Experience

Vendors shall include literature in their submissions demonstrating their capabilities and specifically, past experience / special knowledge in defending an agency before the EEOC / MSPB and mixed cases.

Additionally, reference checks may be conducted at agency discretion.

Evaluation Methodology

Each evaluation factor will be assessed on the following scale (from best to worst):

Excellent / Very Good / Good / Satisfactory / Poor

7. CLAUSES

9.504-4 – Obtaining Access to Proprietary Information

52.204-9 – Personal Identity Verification of Contractor Personnel (Jan 2011)

52.212-4 – Contract Terms and Conditions--Commercial Items. (MAY 2015)

52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (Jun 2016)

52.217-8 – Option to Extend Services (Nov 1999)

52.227-14 – Rights in Data – General (May 2014)

52.246-4 – Inspection of Services – Fixed-Price (Aug 1996)

52.252-2 – Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text may be accessed electronically at this Internet address:

http://www.acquisition.gov/far/.

(End of clause)

52.243-1 – Changes – Fixed Price (Aug 1987) Alternate III (Apr 1984)

52.243-7 – Notification of Changes (Apr 1984)

52.249-4 – Termination for Convenience of the Government (Services) (Short Form) (Apr 1984)

8. QUOTES

Quotes must address the following:

1) Pricing information;

2) Organizational experience information;

3) What level of attorney will be responsible for what work, what level of attorney corresponds to each hourly rate (if applicable); and

4) Three references (including name, title, email and phone contact information).

Quotes must be submitted to Bernice E. Nelson at contracts@arts.gov by Thursday day July 14, 2016 by 6:00PM EST. Faxed quotes will not be accepted.

END OF DOCUMENT

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