Combined_Synopsis_-_Solicitation_Litigation_Counsel_28_March.pdf

Combined Synopsis/Solicitation OPIC-17-Q-0002 1

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information:

Document Type: Combined Solicitation/Synopsis Solicitation Number: OPIC-17-Q-0004 Posted Date: March 28, 2017 Response Date: April 7, 2017 at 5:00pm Eastern Standard Time Product or Service Code: R418 NAICS Code: 541110

Contracting Office Address:

Overseas Private Investment Corporation (OPIC) 1100 New York Avenue, NW Washington, DC 20527 United States of America

Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC 2005-83).The associated North American Industrial Classification System (NAICS) code for this procurement is 541110.

The Overseas Private Investment Corporation (OPIC) is seeking legal services in support of two OPIC projects. As a result of this RFQ, OPIC intends to make up to two awards. Both projects have the same scope of work, seen below.

Performance Work Statement:

1. Analyze and advise as to available legal remedies against an individual US citizen party to a New York law guaranty agreement, guaranteeing jointly and severally the full repayment of loan to a non-US entity.

2. Draft demand notice and/or notice of application of indemnity provisions.

3. Draft on behalf of OPIC a complaint, discovery documents, and subsequent briefs as needed, for action in the Southern District of New York.

4. Represent OPIC, including in-person representation in court, in depositions, and in mediation/settlement discussions as needed, through conclusion of any court proceedings.

Combined Synopsis/Solicitation OPIC-17-Q-0002 2

5. If necessary, take action to pursue an OPIC judgment against available assets of the guarantor defendant.

Notes:

• The firm(s) must be New York law qualified, and admitted to the trial bar for the Southern

District of New York

• Hours and expenses incurred to and from court will not be reimbursed

• The contractor shall bill fees and expenses in accordance with Attachment J1.

Period of Performance: The period of performance is estimated to be from the date of award (anticipated April 2017) through March 31, 2018. This RFQ will result in a contract for non-severable services. Various events in the performance of this contract could cause the period of performance to extend past March 31, 2018.

Place of Performance: This work shall be performed at the Contractor’s site. Any deliverables shall be sent to:

Overseas Private Investment Corporation (OPIC) 1100 New York Avenue, NW Washington, DC 20527 United States of America

Award shall be made to the vendor whose quotation, conforming to the combined synopsis/solicitation, provides the best value to the government, tradeoffs considered.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following FAR provisions and clauses apply to this acquisition and are incorporated by reference:

1. FAR 52.204-7 System for Award Management (Jul 2013)

2. FAR 52.204-13 System for Award Management Maintenance (Jul 2013)

3. FAR 52.212-1, “Instructions to Offerors–Commercial Items” (Oct 2015)

4. FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Tradeoff Methodology (Best Value)

Evaluation Criteria:

Below are the technical requirements for each Vendor to review and submit the appropriate information. The offeror’s proposal shall include two (2) separate volumes:

Volume I: Technical proposal. The Technical Submission must not exceed fifteen (15) pages in length. The Technical Proposal Volume should include:

http://acquisition.gov/comp/far/index.html

Combined Synopsis/Solicitation OPIC-17-Q-0002 3

1. Relevant experience of Team Members

2. Prior experience representing development finance institutions

Evaluation of past performance: The Government may consider information obtained through other sources (i.e., Past Performance Information Retrieval System). Past performance information will be utilized to determine the quality of the contractor’s past performance as it relates to the probability of success of the required effort.

Volume II: Cost/Price Proposal. Pricing information shall not be included anywhere other than in Volume II – Cost/Price Proposal.

Evaluation of price: Vendors' price quotes will be evaluated to determine reasonableness and realism. Pricing that is excessively high or low may be considered unrealistic and unreasonable, and may receive no further consideration.

WEIGHT OF EVLAUATION FACTORS: Technical and past performance, when combined, are more important than price. As proposals become more equal in terms of Technical Approach and Resumes/Staffing Plan, Price becomes more important.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

5. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” (Nov 2015)

Offerors must complete annual representations and certifications on-line at https://www.sam.gov/portal/SAM/#1 in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

6. FAR 52.212-4 Alternate I, “Contract Terms and Conditions–Commercial Items” (Jan 2017)

7. FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive

Orders” (Jan 2017)

The following subparagraphs of FAR 52.212-5 are applicable:

• FAR 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

https://www.sam.gov/portal/SAM/#1

Combined Synopsis/Solicitation OPIC-17-Q-0002 4

13126)

• FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627)

• FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011)

• FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)

• FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Jul 2013) (31 U.S.C. 3332)

All vendors shall submit the following:

• Remittance address, Tax identification Number, DUNS number and Cage Code

• Note: Contractor will need to have an active SAM.gov registration

• Vendors should include the solicitation number in the subject line of their E-mail quote

• Responsive quote which includes a capability statement and information that demonstrates relevant experience performing contracts of a similar size and scope

• Before making a final selection of counsel, OPIC will also need to confirm that your representation of OPIC in this matter would not raise any conflict of interest due to any representation you may be engaged in on behalf of the other parties to this transaction.

• The selected firm will be required to execute a conflict of interest form (Attachment J2) and Non-Disclosure Agreement (Attachment J3)

This is an open-market combined synopsis/solicitation for services as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Vendor shall list exception(s) and rationale for the exception(s).

Submission shall be received not later than April 7, 2017 at 5:00pm, Eastern Standard Time.

Quotes may be e-mailed directly to the point of contact listed below; this is the sole designated E-mail address and inbox for receipt of E-mail submissions. No other electronic means of submission, used in whole or in combination with E-mail, is permitted. No other method of submission is acceptable. To be timely, an E-mail quote must be received in its entirety in the

Combined Synopsis/Solicitation OPIC-17-Q-0002 5 designated E-mail inbox by the due date and time for quote submission. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to Robert Wiley, robert.wiley@opic.gov.

INSTRUCTIONS FOR SUBMISSION

Submissions are expected to be prepared in accordance with this section. The cover page of the submission must provide a primary point of contact (email and phone number) and the firm’s Dun and Bradstreet (DUNS) Number. All pages of each part shall be appropriately numbered and identified with the name of the law firm, the date, and the solicitation number.

The quotation shall include two (2) separate sections:

Section I – Technical:

The submission should include the following components:

1. The name(s) of the attorneys that would be assigned to work on the matter (the “Team”), the expected level of involvement of each Team member, each Team member’s relevant experience, and years of experience applicable to each Team member. If resumes or profiles are available for the proposed Team member, it would be useful to include that information.

2. A summary of each proposed attorney’s experience.

3. Acknowledgement that your firm (including its partners, associates, employees, experts or advisors) agrees that it will not engage in any business transaction or private arrangement for profit based on the information contained in or related to this request.

NOTE: Any similar experience information provided is subject to verification/validation by the Government. The Government reserves the right to contact the government/commercial points of contact provided by the Offeror, and any project officials and/or other persons who have been involved in any of the contracts/jobs listed by the Offeror to verify information about similar experience and to obtain past performance information.

Section II – Price:

The submission should include the following components:

1. Fee estimates for your services. Such estimates should include the total legal fees and other costs and expenses expected to be incurred in connection with the work, broken down into the categories enumerated above. Be sure to include the hourly rate and title of each team member proposed.

Combined Synopsis/Solicitation OPIC-17-Q-0002 6

2. Provide an estimate for any other direct costs anticipated in the representation of OPIC in connection with the tasks described in the Scope of Work (with relevant assumptions).

3. Describe any other fee arrangements you would be willing to agree to which you believe would result in cost savings.

4. Clearly identify total Not-to-Exceed (NTE) price (sum of all potential costs) to perform this contract.

In addition to the above information, please include in your proposal: (i) any fee reduction from your standard rates to reflect representation of a government agency and the extent to which your hourly rates cover overhead costs and expenses; and (ii) whether your firm would be willing to agree to a “cap.”

Pricing Assumptions: Work will commence in April 2017

Evaluation Criteria: Submissions will be rated on the following evaluation criteria:

1. The relevant experience of the Team members in loan restructuring and/or recovery;

2. Experience representing multilateral and bilateral institutions, such as OPIC;

3. Past Performance, including working with development finance institutions

4. Pricing

After receipt of information from your firm and others, OPIC may contact you to arrange for clarification of proposal information (either personally or by phone) with the Team. Additionally, before making a final selection of counsel, OPIC will also need to confirm that your representation of OPIC in this matter would not raise any conflict of interest due to any representation you may be engaged in on behalf of the other parties to this transaction. The selected firm will be required to sign Non-Disclosure Agreements (NDAs).

Responses must be provided no later than April 7, 2017 at 5:00pm Eastern Time. Send responses to Robert Wiley, Contracting Officer (Robert.Wiley@opic.gov) mailto:Robert.Wiley@opic.gov