Outside Counsel Services

The Pension Benefit Guaranty Corporation (“PBGC”) is seeking sources that are interested in, and capable of, performing the work described in this Request for Information ("RFI")/Sources Sought. This notice is issued solely for information and planning purposes (market research), and does not constitute a solicitation, or a promise of a solicitation issuance in the future. All information received in response to this notice that is marked “proprietary” will be handled accordingly. Responses to this notice will not be returned. Responses to this notice are not Offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with responding to this notice. This request for information does not commit the Government to contract for any supply or service. The information obtained from this notice will assist the Government, for market research purposes, in understanding the industry capabilities for providing these services necessary to implement the requirements described below. SYNOPSIS: The PBGC Office of the General Counsel (“OGC”) is responsible for providing legal advice and counsel for the Director and PBGC on all legal issues confronting PBGC. This includes enforcement of Title IV of ERISA through litigation in state and federal courts, in bankruptcy and insolvency proceedings, and negotiation and settlements. It also includes advising and representing PBGC in arbitration and litigation on corporate governance, employment law, labor relations, procurement, and privacy. PBGC anticipates awarding a Multiple-Award, Indefinite Delivery Indefinite Quantity (“IDIQ”) contract to retain contractors to perform work as outside counsel to enhance the OGC’s capabilities in various substantive legal areas identified herein and increase its ability to rely on emergency contracting procedures when the need arises. The Contractor shall provide the personnel, equipment, and other materials necessary to perform the requirement described in accordance with Draft IDIQ Section C, Performance Work Statement (“PWS”). The anticipated period of performance is one (1) 12-month base year and four (4) 12-month Option Years. TECHNICAL REQUIREMENTS: Legal Services The Contractor shall provide experienced attorneys and legal support staff capable of supporting OGC. This includes corporate capability, demonstrating proven, successful methods and an approach to successfully perform outside counsel services in the following legal practice areas: Legal Practice Areas of Interest (Corporate Capability) 1) Litigation 2) Corporate and commercial transactions 3) Bankruptcy and restructuring 4) ERISA (particularly experience with single-employer and multiemployer defined benefit pension plans under title IV) 5) Tax 6) Real Estate 7) Securities 8) Federal procurement 9) Employment and labor-management relations in areas of administrative support, basic legal research, and event and training coordination. The Contractor should have experience in most of the practice areas listed above, but will not be required to have experience in all of the listed practice areas. Labor Categories – Anticipated Price Schedule The following are Labor Categories required under the IDIQ. The table below represents the Price Schedule for each of the Base and Option Years. CLIN - Labor Category - Hourly Rate 0001 - Lead Attorney - $ TBD 0002 - Senior Partner - $ TBD 0003 - Junior Partner - $ TBD 0004 - Senior Associate - $ TBD 0005 - Junior Associate - $ TBD 0006 - Paralegal - $ TBD 0007 - Law Clerk/Intern - $ TBD RFI/SOURCES SOUGHT; RESPONSE SUBMISSION INSTRUCTIONS: If your law firm has the potential capacity to perform these legal services, please provide a capability statement (Not to exceed 10 pages) which includes the following information: 1.) Law firm name, address, point of contact (name, phone number, email address), website URL, UEI Number, and GSA Schedule or GWAC contract number, if applicable; and 2.) Tailored capability statements addressing the particulars of this effort (by responding to the Questions outlined below), with appropriate documentation/narrative supporting claims of organizational and staff capability. PBGC will evaluate market information to ascertain potential market capacity to: 1.) Provide services consistent in scope and scale with those described in this notice and; 2.) Secure human capital and technical resources required to successfully perform similar requirements. No telephone inquiries will be accepted. RFI QUESTIONS: 1. Specific Practice Area Capability: Does the Contractor have experience in the following practice areas? Please describe law firm capability in each of the areas. If the Contractor does not have experience in a practice area, please note that this is NOT an area of practice in your response. Litigation Corporate and commercial transactions Bankruptcy and restructuring ERISA (particularly experience with single-employer and multiemployer defined benefit pension plans under Title IV) Tax Real Estate Securities Federal procurement Employment and labor-management relations in areas of administrative support, basic legal research, and event and training coordination. 2. Workload: What is the approximate number of billable hours your firm has handled/processed in one month/year in each of the practice areas? 3. Staffing Capabilities: What is the size of your law firm in terms of the number of attorneys and paralegals? 4. Staffing Capabilities: The Contractor may be required to commence work upon very short notice and shall be fully staffed within ten (10) working days of the approval of the task order project/work plan. Accordingly, the Contractor must have sufficient depth and breadth of resources to manage assignments set forth in the Task Orders in an efficient manner and under narrow time constraints. What is your staffing approach, including how the law firm plans to recruit, hire and retain and develop qualified staff? What is your approach to staff a case? 5. Staffing Capabilities (Pricing): Are the following resources available to contract? Does the law firm employ individuals under the stated labor categories below? What are the average billable rates per labor category for your firm for each category in the pricing table below? CLIN - Labor Category - Hourly Rate 0001 - Lead Attorney - $ 0002 - Senior Partner - $ 0003 - Junior Partner - $ 0004 - Senior Associate - $ 0005 - Junior Associate - $ 0006 - Paralegal - $ 0007 - Law Clerk/Intern - $ 6. Jurisdictions in which Services may be Required: Performance under any task order shall occur in any part of the United States; there may be instances when an international presence is required. Among the courts in which performance may be required are the Supreme Court of the United States, federal district and appellate courts throughout the United States, state courts, and bankruptcy courts throughout the United States. Performance may be required in appearances before the Merit Systems Protection Board, the Federal Labor Relations Authority, the Equal Employment Opportunity Commission, or an arbitrator or arbitration panel. PBGC notes that the majority of its significant recent bankruptcy litigations have been in the following jurisdictions. District of Delaware Southern District of New York Northern District of Illinois Eastern District of Michigan Western District of Pennsylvania Northern District of Ohio Southern District of Texas Does the Contractor employ resources which are licensed to perform in any of these jurisdictions? Which are applicable to your law firm? 7. Regarding Conflicts of Interest: The Contractor shall affirm that they, and their subsidiaries and affiliates have no conflicts of interest with PBGC or any of the parties in the matters for which the Contractor has been selected. Does the Contractor have any known Conflicts of Interest with PBGC? 8. Regarding Recommendations/Feedback to RFQ: Please include any other comments, information and/or recommendations to assist PBGC in its approach to acquiring the services and the manner in which requirements are described in the Draft PWS attached hereto.