Amended_Attachment_002_-_Q_and_A_for_Outside_Legal_Counsel_v2.xlsx
XLSX spreadsheet 29 KB Posted
- Attached to
- Outside Legal Counsel
- Solicitation number
- TIB-2018-RFQ-0004
About this file
Responses to Questions
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment_002-_FRTIB_Rules_of_Behavior.docx | DOCX document | |
| Attachment_003_-_Q_and_A_Template.xlsx | XLSX spreadsheet | |
| Final_RFP.docx | DOCX document | |
| Attachment_001_NDA_CTR_Company.docx | DOCX document |
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Q&A
| Question | RFQ Section | Question | Response |
| 1 | N/A | Is this a new requirement or there is an incumbent? If there is an incumbent vendor, would you be able to provide the contract details (such as: Vendor Name, Contract Number, Award Date, Value)? | This is a new requirement. |
| 2 | N/A | Is this requirement currently being performed by JURISOLUTIONS, INC. (Contract#: TIB2016D0005) and is set to expire on 08/24/2021? Am I missing any other incumbent contracts? If so, may I ask for the contract details (such as: Vendor Name, Contract Number, Award Date, Value)? If this is the correct incumbent contract, may I ask why a Solicitation for the follow-on effort was issued considering the incumbent contract is set to expire on 08/24/2021? | No. This is a different requirement, encompassing a different scope of work from Contract: TIB-2016-D-0005 |
| 3 | A.3 | Would a proposal to provide legal services with respect to only one or some (but not all) of the areas described in Section A.3. of the RFP be considered responsive? We are interested primarily in providing securities litigation services. | Yes, but for securities litigation, please be aware that representation of the Agency in securities litigation will be handled by the Department of Justice. We will seek the advice of outside counsel for addressing legal questions arising out of or related to the litigation, but not for representation in the litigation itself. |
| 4 | Scope | What is the anticipated context of any potential securities litigation? | Our securities litigation generally arises when a company's (in which we invest) actions have a negative, and avoidable, impact on their share price. |
| 5 | Scope | Please advise if the insurance coverage relates to D&O, E&O, cyber coverage, fidelity bonds, or other types of coverage. Does the FRTIB anticipate litigation against these insurance carriers? | Insurance issues for which FRTIB may seek outside counsel may relate to E&O, cyber coverage, bonds, or general questions about the need or applicability of insurance requirements to a federal agency. Based on the issues that have arisen to date, FRTIB does not anticipate litigation against its insurance carriers. |
| 6 | Scope | Please confirm whether the scope of the contract work includes contracts with the following types of entities: investment advisers, administrators, brokers, custodians, transfer agents, securities lending agents, pricing services, independent auditors, or other types of service providers. If other, please identify. | Yes, the range of issues that may fall within the scope of this contract include potentially working with all of the entities listed, depending on the particular question at hand. |
| 7 | Background | For conflict purposes, please identify the service providers with whom the FRTIB is currently engaged. | FRTIB does not currently have an outside firm for this type of work. |
| 8 | Scope | Please describe or provide examples of the types of Agency Actions that the FRTIB fears might give rise to a prohibited transaction. | The most likely instance would be selecting a vendor for less than “adequate consideration” as contemplated by 5 USC 8477(c)(1). |
| 9 | A3. Scope |
BLA Schwartz is a boutique litigation law firm that serves as securities litigation monitoring counsel for a number of large state public pension funds and one multi-trillion dollar fund complex. Because BLA Schwartz is barred from acting as class counsel in any securities action we are able to provide unbiased conflict free advice regarding our clients’ exposure to securities litigation claims around the world.
Given that this RFP seems to request proposals from full-service law firms that can provide all legal services identified in Section A3, only one of which is securities litigation, may BLA Schwartz make a proposal that is limited only to providing advice to FRTIB on securities litigation?
| Yes. A firm providing a proposal in response to this RFP may submit a proposal that is limited to providing advice on particular defined areas. | |||
| 10 | C.3 | Pursuant to Section C3. Key Personnel, attorneys must have demonstrated past experience in working as part of a team with non-lawyer federal agency personnel. Pursuant to Section M2.2 Past Performance Evaluation Factors of the RFP, offerors may provide data on non-Government efforts of comparable scope and complexity. In this regard, does past experience working as part of a team with non-lawyer state or municipal agency personnel satisfy the requirements of Section C3? Additionally, do all members of the team need to demonstrate experience working with non-lawyer federal agency personnel or is it sufficient if some of the team members demonstrate such experience? | Yes. FRTIB will consider expereince working with state or municpal personnel. Section C3.2 has been updated. |
| 11 | C.3.2 | Pursuant to Section C3.2 Associates, the firm shall provide up to two (2) lawyers below the partner level (Associates, Counsel, Of Counsel, etc.) with at least two (2) years of experience assisting federal agencies with the areas listed in Section A3. Pursuant to Section M2.2 Past Performance Evaluation Factors of the RFP, offerors may provide data on non-Government efforts of comparable scope and complexity. In this regard, would we meet the requirement in Section C3.2 if we provide up to two (2) lawyers below the partner level (Associates, Counsel, Of Counsel, etc.) with at least two (2) years of experience assisting state or municipal agencies with the areas listed in Section A3? | see Answer to Question 10. |
| 12 | C.3.1 | Pursuant to Section C3, attorneys with experience in the fields of law listed in Section C1 are strongly preferred. In this regard, we want to confirm that the reference to C1` should be to A3. |
Pursuant to Section C.3.1 Partners of the RFP, the law firm shall provide at least one partner-level attorney with at least seven years of experience assisting large financial services entities, or related clients, in each of the relevant areas of law mentioned in Section A3. The law firm shall provide no more than one partner-level attorney for each specialty or the areas of law.
In this regard, we want to confirm the number of partner-level attorneys that we may provide under our proposal. For example, the first sentence of Section C.3.1 requires that we provide at least one partner-level attorney with at least seven years of experience assisting large financial services entities, or related clients, in each of the relevant areas of law mentioned in Section A3. Please confirm that each partner-level attorney is not required to have seven years of experience in all of the relevant areas of law for which we intend to bid. Our law firm has partner-level attorneys that have experience in one or two of the areas of law listed, while other partner-level attorneys in our firm have experience in one or two other areas. Would we meet this requirement if more than one partner-level attorney is listed in the RFP so long as at least one has more than seven years of experience?
| That is correct. Attorneys must have experience as it relates to Section A3. | |||
| 13 | C3.1 | Additionally, the second sentence of Section C.3.1 requires that the law firm shall provide no more than one partner-level attorney for each specialty or the areas of law. In this regard, are you defining each bullet in Section A3. Scope as a separate specialty or area of law? As stated above, our law firm has partner-level attorneys that have experience in one or two of the areas of law listed, while other partner-level attorneys in our firm have experience in one or two other areas. Would we meet this requirement if we provide two partner-level attorneys that would be part of the team that would provide services together for more than one so long as the lead attorney has at least seven years of experience in the relevant areas? | Yes. In this circumstance, the firm would meet the requirement stated in Section C.3.1. |
| 14 | Who is the current counsel for the listed areas of law and what fees have been paid to those vendors? | FRTIB does not currently have outside counsel for the areas of law listed. | |
| 15 | B3 | What is the mandatory minimum and mandatory maximum for this contract? | The minimums and maximums are stated in Section B2 |
| 16 | C3.1 | Section C3 and other places in the RFP refer to a "Statement of Work." Please confirm the content of the Statement of Work for this RFP. | Section C provides the overall scope of the IDIQ, and serves as the Statement of Work (SOW). During the Fair Opportunity process, specific scope of work will be detailed as it relates to each individual Task Order. |
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