OSH-RFP-12-0011 Senior Atty Advisor_SOW.docx

OSH-RFP-12-0011

Statement of Work Senior Attorney Advisor

I. GENERAL/BACKGROUND

The U.S. Occupational Safety and Health Review Commission (Review Commission) is an independent, adjudicatory agency created by the Occupational Safety and Health Act of 1970. Its sole statutory mandate is to serve as an administrative court providing just and expeditious resolution of disputes involving OSHA, employers charged with violations of Federal safety and health standards, and employees and/or their representatives. The Review Commission was created by Congress as an agency completely independent of the Department of Labor to ensure that OSHA’s enforcement actions are carried out in accordance with the law and that all parties are treated consistent with due process when disputes arise with OSHA.

The Occupational Safety and Health Act and the Review Commission’s Rules of Procedure (which by law mirror the Federal rules) provide two levels of adjudication when an employer timely contests an OSHA citation for alleged violation of the Act or failure to abate such alleged violations. The first is a trial level, which affords an opportunity for a hearing before a Review Commission Administrative Law Judge. The judge’s decision becomes final unless the decision is directed for review by the Commission. This second level is a discretionary appellate review of the judge’s decision by the Commission members. Both before its judges and the Commissioners, the Review Commission provides fair and impartial adjudication of cases concerning the safety and health of employees’ working conditions in the United States.

The principal (National) Office of the Review Commission is located in Washington, D.C. There are also regional offices in Atlanta and Denver.

The function of the Review Commission’s Administrative Law Judge Division is to conduct formal hearings and related proceedings in a fair, just, and expeditious manner.

The Administrative Law Judges report organizationally, through the Chief Judge, to the Chairman. However, they act independently in arriving at case decisions. The Commission’s Rules of Procedure are based upon and consistent with the Federal Rules of Civil Procedure. They are constructed and administered to secure the just, speedy and inexpensive determination of every action.

The events leading to the presentation of an OSHA case before a Review Commission Administrative Law Judge follow an established procedure. To contest all or part of a citation, penalty, or abatement period, an employer must file a notice of contest within 15 working days from the receipt of the citation proposed by OSHA. The Secretary of Labor transmits the notice of contest and all relevant documents to the Review Commission’s Executive Secretary for filing. After the case is docketed, it is forwarded to the Office of the Chief Judge for assignment to an Administrative Law Judge. The case is generally assigned to an Administrative Law Judge in the Review Commission office closest to where the alleged violation occurred. Thereafter, the Administrative Law Judge has full responsibility for all pre-hearing and pre-trial procedures, including settlement, and is charged with providing a fair and impartial hearing in an expeditious manner, and rendering a decision promptly.

II. OBJECTIVE

The objective of this solicitation and the resulting contract(s) is to provide the Review Commission’s Office of the Chief Administrative Law Judge with the ability to obtain legal services to improve the operations and efficiency of the office.

III. SCOPE

The legal services performed under this contract will enable the Office of the Chief Administrative Law Judge to achieve maximum effectiveness and/or economy in its operations.

The United States Occupational Safety and Health Review Commission has determined that the work performed under this contract is essential to the agency’s mission, to –

(1) Obtain outside points of view to avoid too limited judgment on critical issues;

(2) Obtain advice regarding developments in the field of labor law;

(3) Enhance the understanding of, and develop alternative solutions to, complex issues; and

(4) Support and improve the operation of the organization.

Services performed under this agreement include, but are not limited to, conducting legal research, analyzing cases to define legal and factual issues, drafting orders, tracking settled cases for receipt of settlement agreement and disposition of issues, and assisting the Administrative Law Judges in a variety of activities that will improve the effectiveness and efficiency of the office.

The Contractor will be required to perform the following services:

1. Support the Chief Administrative Law Judge and other Administrative Law Judges, as necessary, including those in the regional offices in Atlanta, GA and Denver, CO. The Contractor must have demonstrated knowledge of Review Commission precedent and procedures, OSH Law, case-handling techniques used by Commission judges, the Commission’s strategic plan, the work performed by other Review Commission offices, as well as external factors that impact cases brought before the Review Commission.

Specifically, the Contractor will perform the following duties:

· Analyze cases to define legal and factual issues.

· Assist the Chief Judge in fulfilling the Commission’s goals under the Commission’s strategic plan.

· Work with the judges and parties to facilitate and expedite case-processing, consistent with the case-handling techniques of the Commission judges.

· Examine the pleadings, transcripts of testimony, documentary exhibits, and briefs of the attorneys in connection with the issues of fact and law presented.

· Search relevant statutory provisions and legislative history, applicable regulations of the Department of Labor and the Review Commission, and relevant court and Commission precedent on points of law.

· Prepare memoranda, digest and analyze the factual and legal issues that are presented including, in some lengthy cases, an index or summary of testimony or exhibits.

· Draft decisions and/or orders for the presiding Administrative Law Judge addressing the factual and legal issues that have been assigned.

· At the request of the presiding judge, respond to inquiries by telephone or mail.

· Investigate facts, research legal precedents, define the legal and factual issues, read and analyze the record and arguments, develop conclusions and recommendations, and draft orders in consultation with the Administrative Law Judges.

· Attend formal hearings, as required.

2. The Contractor supports the Office of the Chief Administrative Law Judge by drafting orders disposing of motions, tracking settled cases for receipt of settlement and disposition of issues, conferring with and responding to basic questions and routine correspondence from attorneys on procedural aspects of cases; and assisting the parties in the filing of any motion, pleading, or settlement agreement.

3. The Contractor conducts legal research in connection with:

· Cases pending administrative hearings.

· Legal questions referred by the Chief Judge or other Administrative Law Judges concerning the interpretation and application of statutes, rules and regulations as they pertain to cases.

· Examination of formal filings for legal sufficiency and full disclosure required to be made by statutes, rules, and regulations.

A brief description of the Senior Attorney-Advisor labor category is provided below.

Senior Attorney-Advisor Contractors who wish to be considered under this labor category must demonstrate the following technical experience:

· Serving as a principal attorney in charge of the preparation and presentation of cases before administrative tribunals or before the trial or appellate courts;

· Serving as principal attorney in charge of recommending the policies and developing procedures and regulations implementing new or amended legislation for an Executive branch agency; and

· Advising senior management on questions of law or administrative policy involved in the operations of the organization and in its contacts with industry and private and/or professional associations.

A contract attorney at this level is expected to independently carry out any assignments within his/her area of responsibility and to develop and maintain professional contacts with top administrative personnel. Additionally, a senior contract attorney must have demonstrated experience in providing advice on the interpretation of law or on proposed changes in legislation, policy, and regulations.

Offerors are required to provide a detailed description of the experience and/or technical expertise that they possess which demonstrates their qualifications. Additionally, offerors must have a law degree and provide proof of current active membership in the bar of a state or the District of Columbia.

IV. EVALUATION FACTORS

Proposals will be evaluated based on the following factors: (1) technical expertise; (2) past performance; and (3) cost.

V. PERIOD OF PERFORMANCE

The base term of this contract is one (1) year with three one-year options.

VI. PLACE OF PERFORMANCE

Work will be performed at the Review Commission National Office located at 1120 20th Street, NW, Washington, DC 20036. The scope of work under this contract is defined as within the following North American Industrial Classification System (NAICS) code: 541110 Offices of Lawyers. The size standard for NAICS Code 541110 is $ 7 million dollars.

This procurement is a set-aside for small businesses.

VII. PROPOSAL SUBMISSION REQUIREMENTS

Interested offerors must submit a technical/cost proposal that demonstrates their ability to perform the required services. The proposal will be evaluated based on the factors identified in Section IV of this SOW. The proposal must also provide information to support the past performance analysis. Please see the combined synopsis/solicitation for additional information regarding the submission of reference information.

The technical/cost proposal must be received by the Office of Administration, U.S. Occupational Safety and Health Review Commission, 1120 20th Street, NW, Washington, DC 20036 NOT LATER THAN 5:30 pm EDT on September 25, 2012.

VIII. INVOICE SUBMISSION

Proper invoices shall be submitted to the Administrative Resources Center at the Bureau of Public Debt through the Invoice Processing Platform at accountspayable@bpd.treas.gov.

Invoices must be plainly marked with the heading “Invoice” and must contain the following:

· Description of CLIN, number of service hours provided and the hourly rate

· Total Invoice amount

· Contract Number

· Date(s) of service

· Invoices that do not contain the information requested above will be rejected.