AGC Litigation and Support Services

1. Introduction/Purpose This announcement is a Market Survey issued in accordance with FAA Acquisition Management System (AMS) Policy 3.2.1.2.1. This announcement is NOT A SCREENING INFORMATION REQUEST (SIR) or REQUEST FOR PROPOSAL (RFP). Further, the Federal Aviation Administration (FAA) is not seeking or accepting unsolicited proposals. The FAA will not pay for any information received or costs incurred in preparing the response to the market survey. Any costs associated with the market survey submittal is solely at the interested vendor's expense. Please read the entire Market Survey carefully. The FAA is seeking industry capability statements and technical approaches to determine the extent of viable commercial solutions present in the current marketplace and to help determine the proper acquisition strategy for this requirement. No notification about the outcome of this Market Survey will be released except as deemed appropriate in the FAA's sole discretion. 2. Objectives / Requirements The FAA's Office of the Chief Counsel (AGC), has a requirement to fulfill AGC's legal support and related responsibilities to advance the organization's mission. The FAA's legal office must provide and establish these responsibilities in order to better support its clients and business partners, prioritize services, select high value opportunities to enhance services, and effectively and efficiently operate the organization's legal resources. The services are intended to benefit all AGC divisions for support of complex litigation (as further defined below), litigation training, and related litigation support requirements. Support activities for this requirement shall include, without limitation, the following: SCOPE: Complex, multi-plaintiff, class action, and collective action (hereinafter collectively referred to as - - Complex) litigation services, support, and representation, including capability to serve as first chair in hearings and trials Provide training on Complex litigation, including without limitation, in emerging areas of law Participate in all aspects of pre-trial/hearing work including discovery and document management for Complex litigation, including without limitation, in employment and labor law litigation Develop, analyze and evaluate evidence Use, prepare, and leverage expert and fact witnesses Prepare briefs, legal memoranda, and motions sometimes with short deadlines Provide surge capability and capacity based on litigation needs Balance cost effectiveness and experience by providing the required services with the appropriate personnel and cost controls. Vendor should avoid driving higher costs without impacting results CHARACTERISTICS: Reliable and consistent access to quality and cost-effective legal resources (including without limitation attorneys and support staff such as paralegals, law clerks and legal assistants) that can provide timely legal support to AGC for all stages of employment and labor litigation inclusive of pre-trial, trial, post-trial and appeals from trial court decisions; Legal support resources should also be equipped to furnish advice on FAA employment policy deliberations that may result in Complex and litigation challenges to FAA employment decisions and actions Reduce potential travel and logistical costs, as well as improve the quality of support by maintaining on-demand access to professional legal support resources that are physically located throughout the United States and that have an in-depth knowledge of the local court and administrative systems and rules applicable to the jurisdiction Experience in management-side defense litigation Supplement AGC's in-house resources so AGC can respond to emergency litigation matters with an extremely tight turnaround time, preferably to a response capability of 24 hours or less Use balanced and flexible billing arrangements that allocate resources whose qualifications and billing rates are commensurate with the level of skill required to effectively accomplish a given project; include adequate contract controls to ensure that the most cost-effective resources are used; frequent engagement with AGC leadership regarding the level of skill and resources used to complete a given task Reliable and consistent access to quality subject matter experts (including, without limitation, industrial and organizational psychologist, statistician, pay and benefits experts, industrial, organization or personnel psychologists, economists, human resource specialists, survey statistician capable of participating, as needed by the FAA, in the preparation of reports and investigations; formulating and defending expert opinions; and testifying as an expert witness in proceedings to which the FAA is a party Reliable and consistent access to temporary/contract attorneys engaged and managed by the Contractor, to perform time-sensitive document reviews Develop and implement an incoming transition plan at the beginning of the contract that would include cooperation with the incumbent vendor to ensure a timely transition by assisting the new awardee. The transition must be structured so as to minimize any adverse impact on the FAA's standing in pending litigation matters As requested by the Government, develop and implement an outgoing transition plan that would include cooperation with the incoming vendor or the Government to ensure a timely transition by assisting the vendor or Government employees assuming responsibility for matters and cases from this Contractor. The transition plan must be structured so as to minimize any adverse impact on the Agency's standing in pending litigation matters. FIXED PRICE For the following items, please provide your estimated fixed price: Training Preparation of Training Materials Administrative Functions Scheduled updates/presentations Non-substantive motion (motions for an extension) Training for AGC Managers on class action lawsuit defense 3. Nature of Possible Acquisition Strategy The strategy for the procurement has not been determined at this time; however, acquisitions will make that determination, in part, based on the responses to the market survey. 4. Standard Language This is not a Screening Information Request or Request for Proposals of any kind; The FAA is not seeking or accepting unsolicited proposals; The FAA will not pay for any information received or costs incurred in preparing the response to the market survey; and Any costs associated with the market survey submittal is solely at the interested vendor's expense; The FAA may request that one, some, all, or none of the respondents to this Market Survey provide additional information. No evaluation of vendors will occur based on this additional information and vendor participation in any informational session is not a promise for future business with the FAA. Any information provided under this market survey is for informational purposes only. Any proprietary information submitted must be explicitly and conspicuously marked by the respondent as, proprietary. If appropriately marked, such information will not be released to the public by the FAA, except as required under the Freedom of Information Act (FOIA) or any other applicable law, regulation and/or policy. The Government may transfer documents provided by a respondent to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction. 5. North American Industry Classification System (NAICS) Code 541110 - Offices of Lawyers - Professional Legal Services - Assist agencies with the full spectrum of professional legal support required for the resolution, management and/or disposition of assets held by the Federal Government. 6. Submittal Requirements for Market Survey Submit: Capability statement (Limited to five (5) pages total) including, without limitation, relevant experience providing support services of similar size, scope and complexity as those identified in the attached draft SOO (including the size and contract type of previous efforts). Capability statements should also include, without limitation: Description of any management challenges, and mitigation strategies implemented, in the course of your experience in providing support services of similar size, scope and complexity to those identified in the attached draft SOO ; Description of your geographical presence (i.e., location of office(s), available location of personnel, etc.) and number of qualified support personnel at each such location; Description of your capability to scale up qualified support resources on very short notice to accommodate rapidly evolving and complex litigation support and document review needs. Technical Approach to fulfilling requirements of similar size, scope and complexity to those contemplated here, and any comments on the objectives / requirements identified in the attached draft SOO; Provide comments, suggestions and approach to managing fixed priced deliverables. The name, email address, and phone number for the company's point(s) of contact for the submission, and the Contractor's Dun & Bradstreet number, GSA Multiple Award Schedule (MAS) number (if applicable), and business size/socioeconomic status. 7. Delivery of Submittals Questions regarding the Market Survey and the attached SOO will be accepted within five (5) business days of this publication (i.e., no later than August 9, 2021 at 2:00pm Eastern Time). No telephone calls will be accepted. All responses to this market survey must be received by 2:00pm Eastern Time hours on August 23, 2021. Please submit the required information in Microsoft Word or PDF format (email) to: contact@example.gov and contact@example.gov. Responses are limited to the number of pages identified in Section 6. Please include the market survey title in the e-mail submission.