NOTICE OF INTENT TO AWARD SOLE SOURCE
This synopsis is for commercial supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of Federal Acquisition Regulation (FAR) 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Interested parties may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals, however, all capability statements received within five (5) days after date of publication of this notice will be considered by the Government. Only written responses will be considered. All responses from responsible sources will be fully considered. As a result of analyzing responses to this "Notice of Intent," the Government shall determine whether a competitive solicitation will be issued. Any prospective contractor must be registered in the "System for Award Management" (sam.gov) in order to be eligible for award. The Govt. will not be responsible for any costs incurred by interested parties in responding to this "Notice of Intent."
The Air Force District of Washington (AFDW), Enterprise Contracting Office (PKH) intends to award a sole source contract to Gordian Litigation Solutions Group, Inc., 1882 Capital Circle Northeast, #203, Tallahassee, FL 32308 based on the authority of the FAR 6.302-1. This contract is planned to be awarded NLT 1 June 2019 for a Period of Performance (PoP) of 1 (one) base year and 4 (four) option years, until 31 May 2024.
This contract action is for litigation support in the Air Force Legal Operation Agency's (AFLOA) ongoing defense of several multi-million dollar class-action style arbitrations/litigation filed against multiple AF installations claiming failure to properly pay overtime. The government requires expert litigation support services of the Gordian Litigation Solutions Group, Inc. (GLSGI) to defend the Air Force in grievances, arbitrations, and litigation brought under the Fair Labor Standards Act (FLSA) and pursuant to collective bargaining agreements in force at discrete military installations. That support includes but is not limited to: review of FLSA exemption status for affected employees; collection of documents, keying and scanning of data; creation, design, and maintenance of litigation support databases; consultation and support on all pre-trial and trial activities; expert testimony at hearings; analysis of large amounts of electronic payroll and personnel data and preparation of written reports; preparation of large amounts of data to be used by the AFLOA attorneys and to be provided to opposing attorneys as required; analysis of relevant AF personnel policies and practices and preparation of written reports. The FLSA cases to be supported here require a multi-year litigation support contract because they have been ongoing for a decade and will almost certainly continue for several more years based on the current litigation schedule set out by the parties and the Arbitrator.
THIS IS NOT A SOLICITATION OR REQUEST FOR PROPOSAL
Any offerers responding to this notice must provide evidence of capability to perform the above requirements. Potential offerers will be required to submit a Statement of Capability (SOC). The SOC shall include the following information:
(1) Core Competencies:
a. Evidence of capability to call upon expert testifying services, exhibit a proven record of expertise in analyzing personnel system and payroll and personnel data, and in-depth clarity in support of the government's requirements. Additionally, the requirement is to establish a large database of information pertaining to the FLSA cases, establish a large database of information pertaining to the FLSA cases, produce a repository for the data and documents regarding these matters and assemble responsive sets of data to provide to the arbitrator and opposing legal counsel.
i. The solution must be capable of meeting the Labor Law Field Support Center (LLFSC) requirement for FLSA litigation support, review of FLSA exemption status for affected employees, collection of documents, processing of documents, keying and scanning of data, creation, design, and maintenance of litigation support databases, and consultation and support on all pre-trial and trial activities. The litigation support requirements shall encompass various tasks, including the following:
Data Collection and Distribution
Maximum estimate of Electronic Data is two (2) Terabytes
Minimum estimate of hardcopy documents is 300,000 pages
Document Coding /Data Reduction - Keying and Scanning
Data Analysis, Pre-Litigation, and Litigation Support
Exemption Status Reviews
Litigation Support Database - Design, Creation, and Maintenance
Pre-litigation and Litigation Support
b. Past Performance: List past customers within the past three years for whom your company has done similar work
c. Differentiators: Identify what makes you different from your competitors and how it benefits the Department of Defense
(2) Potential Offerers shall limit the SOC to 5 pages
(3) An Ombudsman has been appointed to address concerns from offerers or potential offerers.
The Ombudsman does not diminish the authority of the program manager or contracting officer, but communicates contractor concerns, issues, disagreements, and recommendations to the appropriate Government personnel.
When required, the Ombudsman shall maintain strict confidentiality as to the source of the concern. The Ombudsman does not participate in the evaluation of proposals or in the source selection process. Matters of a routine or administrative nature concerning the acquisition should not be addressed to the Ombudsman, but rather the POC identified below. The Ombudsman is AFDW/PK at Phone# 240-612-6110, 1500 W Perimeter RD Suite 5750, Joint Base Andrews MD 20762.
The appropriate NAICS Code for this acquisition is 541990, All Other Professional, Scientific and Technical Services, with a size standard of $11M.
Offerors submitting a SOC shall send it to the Contract Specialist, Craig J. Carlton or Contracting Officer, Michelle Pederson, 1500 West Perimeter Rd, Andrews AFB, MD 20762 or via e-mail to craig.j.carlton.ctr@mail.mil/ michellle.pederson.1@us.af.mil, with the subject line reading AFLOA Labor Litigation Support Services.
ATTACHMENT:
SOW dated February 2019