Combined_Synopsis_-_Solicitation_OPIC-18-R-0002.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Procurement of Litigation Support

I. General Information:

II. Contracting Office Address:

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

III. Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 13.1 and 12.603, 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 for litigation support related to one OPIC projects. As a result of this RFQ, OPIC intends to make one award. The project has the scope of work detailed below.

IV. Performance Work Statement (PWS):

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 on behalf of OPIC, all legal documentation to enforce against such guarantor, including the filing of actions in the SDNY and in other jurisdictions as needed.

3. Represent OPIC, including in-person representation in court, in depositions, and in mediation/settlement discussions as needed.

4. If necessary, take action to pursue an OPIC judgment against available assets of the guarantor defendant, including, as needed, the coordination of legal counsel in a foreign jurisdiction if assets are determined to be located outside the United States.

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 New York courts will not be reimbursed

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

V. Period of Performance:

The period of performance is estimated to be from the date of award (anticipated December 2017) through March 29, 2019. 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 December 31, 2018.

VI. 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

VII. Evaluation Criteria 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) (tailored)

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

(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)

(b) Evaluation of technical capability: the evaluators will compare the firm’s proposed resources and the skills and credentials of the proposed team to the requirements and qualifications described in Section IV above in order to determine whether the firm and its team are technically capable. If more than one firm is found to be technically capable, then the technically capable firms will be compared and ranked according to how well their capabilities compare with one another.

(c) Evaluation of past performance: The Government may consider the personal knowledge of the evaluator(s) and 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.

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

(e) Weight of Evaluation Factors: Technical and past performance are of equal importance, and both are more important than price. If two vendors are rated equally on technical and past performance, then the quote proposing the lowest rates will be selected for award.

(f) 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.

VIII. Quote Content and Format 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 and a separate cover letter:

Cover Letter: The cover letter must contain the following information

1. Remittance address, Tax identification Number, DUNS number and Cage Code (Note: to be eligible for award. A firm must have an active SAM.gov registration.)

2. Reference the solicitation number

3. An affirmative statement that your representation of OPIC in this matter would not raise any conflict of interest due to any other representation in which you may be engaged

4. 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.

5. Indicate your quote is valid for at least 120 days from the date of submittal

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

1. Relevant experience of Team Members and their résumés

2. Prior experience representing development finance institutions

3. The firm’s litigation experience similar to that required in Section IV above

NOTE: Any 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 a vendor, and any project officials and/or other persons who have been involved in any of the contracts/jobs listed by a vendor to verify information about experience and to obtain past performance information.

Volume II: Cost/Price Proposal: Pricing information shall not be included anywhere other than in Volume II – Cost/Price Proposal. The vendor shall provide the following information:

1. All hourly rates for each team member proposed to perform

2. A total not-to-exceed (NTE) estimate cost for the work to be done, to include other direct costs if applicable.

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

4. Any assumptions and constraints related to the cost NTE shall also be included in this volume.

5. 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.”

Note: Pricing and rates should be based on the assumption that work will commence in December 2017

Volume format instructions: Page size (for text sections of the quote) shall be 8.5 x 11 inches, not to include foldouts. Text size shall be no less than 12-point font, Times New Roman. Pages shall be single spaced and use at least 1-inch margins on the top and bottom and 3/4 inch side margins. Pages shall be numbered sequentially by volume. Legible tables, charts, graphs, and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, and plans. These displays shall be clear, legible, and shall not exceed 11 x 17 inches in size. Font size for tables, charts, graphs and figures shall not be less than 10-point.

Appropriate Markings: Be sure to apply all appropriate markings including those prescribed in accordance with Restriction on Disclosure and Use of Data, and FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Quote Information and Source Selection Information.

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).

After receipt of quotes, OPIC may contact vendors to request clarification of proposal information.

IX. Contract Clauses The following clauses will be included in the contract that will result from this solicitation.

1. 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.

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

3. 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. 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)

X. Small Business Considerations If two or more technically capable quotes are submitted by small businesses, then this contract will be awarded as a small business set-aside. If not, then this will be awarded as a full and open procurement. The small business size standard for NAICS code 54110 is $11 million in annual revenues.

XI. Submission Instructions Submission shall be received not later than November 30, 2017 at 5:00pm, Eastern Standard Time. Quotes shall be e-mailed only to the Contracting Officer, George Sullivan, at George.sullivan@opic.gov. 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 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 shall be submitted in writing via e-mail to the Contracting Officer, George Sullivan, at George.sullivan@opic.gov.

Combined Synopsis/Solicitation OPIC-18-R-0002