Trial Advocacy Training

Contracting Office Address
National Labor Relations Board, 1015 Half St, SE, 3rd Floor, Washington, DC 20570.
Overview
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 quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019 - 02.

The associated North American Industrial Classification System (NAICS) code for this procurement is 611430, with a size standard of $7.0M.

1.0 Description
The objective of this procurement is to enlist the service(s) of qualified trial advocacy instructors to provide trial advocacy instruction and training for a set number of participants.
2.0 Agency Background
The National Labor Relations Board (NLRB) is an independent Federal Agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between and among unions, employees, and employers in the private sector. The statute guarantees the right of employees to organize and bargain collectively with their employers or to refrain from all such activity. Generally applying to all employers involved in interstate commerce other than airlines, railroads, agriculture, and government, the Act implements the national labor policy of assuring free choice and encouraging collective bargaining as a means of maintaining industrial peace. Through the years, Congress has amended the Act and the Board and courts have developed a body of law drawn from the statute. The NLRB consists of 51 regional, sub-regional, and resident offices, and a headquarters office. For more information, visit www.nlrb.gov.
3.0 Statement of Work
The selected person(s) will develop and conduct a trial skills training workshop for experienced NLRB attorneys. The person(s) selected must have substantial experience providing advocacy training to attorneys at the trial court level. The topics to be addressed in this training may include, but are not limited to:

- Preparing for and conducting direct examination of witnesses.
- Preparing for and conducting cross and 611(c) examinations of adverse witnesses.
- Best practices for admitting and using exhibits.
- Best practices for impeaching and rehabilitating witnesses.
- Application of the Federal Rules of Evidence in a courtroom setting, including making and responding to objections and ensuring a complete administrative hearing record.

The selected person(s) will provide this training through lectures and practice sessions in which the NLRB lawyer participants will engage in mock examinations and receive instructor feedback.
The expectation is that the training session(s) will involve approximately 60 NLRB attorneys and that the training will be conducted over a period of 3 consecutive days.
Deliverable 1: Course materials
The person(s) selected will prepare course materials that include written materials in support of the lecture components of the training, resource material if applicable, and written materials in support of the practice sessions.
Deliverable 2: Training
The person(s) selected will conduct instructional lectures to NLRB attorneys concerning topics relevant to establishing a complete administrative hearing record. These lectures will be followed up with sessions in which small groups of NLRB attorneys will apply the concepts addressed in the lecture in a mock hearing setting using hypothetical scenarios and other practical exercises prepared for the training. The person(s) selected will observe and critique each attorneys' performance.

4.0 Contact
All deliverables should be delivered to:
National Labor Relations Board
Attn: David Kelly/Elizabeth Kilpatrick
1015 Half St SE, Ops Mgmt/6th Floor
Washington, DC 20005

5.0 Period of Performance (POP)
• Schedule will be determined through discussion between the NLRB and the awardee.
• POP: Time of award through 9/30/2019.

6.0 Security Requirements
The Contractor shall adhere to the security requirements of the NLRB. Performance of this Purchase Order requires that Contractor personnel meet the minimum security clearance or investigation requirements of the NLRB. All Contractor personnel shall be U.S. citizens. There shall be no exceptions to this policy.

7.0 Place of Performance
All work under this contract must be performed at NLRB Headquarters, 1015 Half St. SE, Washington, DC 20003, or at an alternative work site at the Agency's discretion, should the Agency so require.

8.0 Basis for Award
The NLRB intends to award a Firm Fixed Price Purchase Order. The objective of the NLRB is to select the quote that represents the best value to the government while meeting or exceeding the requirements. All evaluation factors and their relative importance are set forth in this RFQ. The evaluation factors are listed in order of importance. An integrated assessment of quotes using all evaluation factors found in the solicitation will be the basis for award. The award may be made based on the initial submission, with or without discussion, so contractors should submit quotes that clearly meet or exceed the requirements of the solicitation. All responsible sources may submit a quote which shall be considered by the NLRB.

9.0 Evaluation Criteria
Award will be made to the responsible quoter whose quote, conforming to the solicitation, will be most advantageous to the Government on the basis of technical, and price. Quotes that exceed the NLRB requirements may receive additional consideration under Technical. These factors are listed in order of importance:

9.1 EVALUATION FACTORS

Factor 1 - Technical Approach
Factor 2 - Price

Order of Precedence: Factors 1 is more important than Factor 2. Factor 2, Price, will become more important as non-price factors become more equal. While the Government anticipates award to the responsible contractor(s) whose quote(s) provide the overall best value to the Government, no award will be made based on technical approach when the proposed price is considered unreasonably high.

9.1.1 Factor 1 - Technical Approach: This Factor will be evaluated as a measure of merit and the Government's confidence. The Government will evaluate the contractor's technical approach for delivering high quality training services as defined in the Statement of Work. The Government will specifically evaluate the extent to which the contractor presents the following:

a) The contractor's experience and abilities in providing similar training services.

b) The contractor's proposed approach for providing requirements.

9.1.2 Factor 2 - Price: The Government will evaluate price quotes to determine reasonableness. Prices that are excessively high or low may be considered unrealistic and unreasonable, and may receive no further consideration. The government will be evaluating all quotes to determine best value.

9.2. EVALUATION METHODOLOGY

9.2.1 Factor 1: The following adjectival ratings will be used to rate Factor 1. A determination of "Unacceptable" renders the entire quote unacceptable and therefore will NOT be considered for award. The quote must be rated "Acceptable" or higher overall to be considered for award.

Outstanding - Quote meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good - Quote meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths, which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable - Quote meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on BPA order performance. Risk of unsuccessful performance is no worse than moderate.

Marginal - Quote does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses, which are not offset by strengths. Risk to unsuccessful performance is high.

Unacceptable - Quote does not meet requirements and contains one or more deficiencies. Quote is unawardable.

9.2.2 Factor 2 - Price: Price will not be scored or receive an adjectival rating.
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10. Provisions and Clauses
The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:
1. FAR 52.212-1, "Instructions to Offerors-Commercial Items" [JAN 2017]
2. FAR 52.212-2, "Evaluation - Commercial Items" [OCT 2014]

3. FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items" [NOV 2017]

Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov 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.

The following contract clauses apply to this acquisition:
• FAR 52.212-4, "Contract Terms and Conditions-Commercial Items" [JAN 2017]
• FAR 52.212-5, "Contract Terms and Conditions Required to Implement Statutes or Executive Orders" [JAN 2018]

The following subparagraphs of FAR 52.212-5 are applicable:
52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)
52.222-50 Combating Trafficking in Persons (MAR 2015)
52.222-3 Convict Labor (JUN 2003)
52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2018)
52.222-21 Prohibition of Segregated Facilities (APR 2015)
52.222-26 Equal Opportunity (SEP 2016)
52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management (JUL 2013)

Agency-Specific Clauses
Contract Administration Data
(a) All contract administration must be effected by the Contracting Officer except as delegated to the Contracting Officer's Representative (COR). In no event will any modification, change order or other matter in deviation from the terms of scope of this contract be effective or binding unless formalized by proper contractual documents by the Contracting Officer.

(b) In the event the Contractor makes any changes to the terms or scope of this contract at the direction of any person other than Contracting Officer, the change will be considered to have been made without proper authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. (End of Clause)

Contracting Officer's Representative (COR)
(a) Contracting Officer's Representative (COR), for the contract resulting from this solicitation will be designated at time of award.

(b) The COR is responsible, as applicable, for receiving all deliverables, inspecting and accepting the services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the Contractor which clarifies the contract effort; fills in details or otherwise serves to accomplish the contractual Statement of Work; evaluating performance; and certifying all invoices/vouchers are acceptance of the services furnished for payment.
(c) The COR does not have the authority to alter the Contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussion, it is desirable to alter/change contractual obligations or the Statement of Work, the Contracting Officer shall issue such changes. (End of Clause)
Local Provision: 52.233-9000 Agency-Level Protests
Potential bidders or quoters may submit an agency-level protest directly to the Contracting Officer (CO). As an alternative to the CO's consideration of a protest, a potential bidder or quoter may request an independent review of their protest by the NLRB Protest Deciding Official (Tashiana Carter, Director NLRB Acquisitions Management Branch). In either case, the Agency-level protest must comply with the requirements and procedures in FAR 33.103 for submitting agency-level protests.
52.232-18 --Availability of Funds (Apr 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of Clause)

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