IV-1. Objectives. General. The purpose of Part IV-1 is to provide an overview of the engagement envisioned as a result of this RFP. Interested Law Firms should use this Part in its technical proposal and in conjunction with the Technical Submission (Appendix D). The Law Firm shall perform services under this contract as an independent contractor or contractor, respectively, and shall have an established federal education regulatory and legislative practice and the ability to provide legal advice and representation to the Department of Education (Department) regarding compliance with the federal rules and requirements stemming from various federal education programs such as the Elementary and Secondary Education Act (ESEA), the Individuals with Disabilities Education Act (IDEA), the Carl D. Perkins Career and Technical Education Act, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which established the Elementary and Secondary School Emergency Relief Fund (ESSER I), the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA), which established a second Elementary and Secondary School Emergency Relief Fund (ESSER II), the American Rescue Plan Act (ARP), the Workforce Investment Act, and the Higher Education Act, with respect to the following: Subject to modification from time to time, and at the direction of the General Counsel or Department Chief Counsel, provide advice and representation to the Department related to the resolution of federal audits conducted by or on behalf of the United States Department of Education (USDE), USDE’s Office of Inspector General (OIG) or any other office within USDE, including representation in any administrative or civil litigation (including appeals) that may result from such an audit. Provide advice and representation related to federal grants management requirements, including the Education Department General Administrative Regulations (EDGAR), the Office of Management and Budget (OMB) Circulars, and the General Education Provisions Act (GEPA) and provide advice related to grant management systems. Provide legislative services related to federal education programs or grant management issues. Assist and advise the Department in matters relating to other federal audits/investigations of grant and subgrant programs, including audits or investigations conducted by or on behalf of USDE, USDE OIG, Office of Civil Rights, United States Department of Agriculture or the United States Department of Justice. Provide other assistance, including professional development and training, as required by the Department related to this Engagement. IV-2. Requirements. Within the Technical Submittal (Appendix D), the Offeror shall confirm that each requirement of this RFP shall be met; include an explanation of how the Offeror intends to meet each requirement. Qualifications. The selected Offeror shall address each qualification requirement set forth in Appendix D, Statement of Qualifications/Conflicts/Technical Questionnaire. Key Personnel. Key project staffing changes must be approved by the Commonwealth. The Commonwealth reserves the right to request, at its sole discretion, that the selected Offeror remove and replace counsel or staff from the Engagement. Notwithstanding the number of hours provided for purposes of cost evaluation noted herein and in the cost submittal, as part of the Understanding the Problem and Soundness of Approach portions of its technical submission Firms must provide the anticipated number of hours Firms envision working on this engagement given the description of the scope of requested services in the Statement of Work. Ongoing Compliance With Qualifications; Removals. The Commonwealth may remove or suspend the contractor for reasons that include, but are not limited to: Unprofessional performance; Being the subject of disciplinary/licensing actions by Pennsylvania Supreme Court; Filing for protection under federal or state bankruptcy laws; Failure to continue to meet the requirements of this RFP; Failure to pay federal, state and/or local taxes; or Undisclosed conflict of interest. IV-3. Tasks. Legal Services. The selected Offeror shall provide legal services and perform all tasks necessary to successfully represent the Department, as set forth in Part IV-1 above. The engagement may include other general work as designated by the Chief Counsel of the Pennsylvania Department of Education or the Governor’s Office of General Counsel. Contract Close Out. Prior to close out or termination of the contract, the selected Offeror shall cooperate with the Commonwealth and any subsequent Contractor in any activities related to the transition/turnover of responsibilities. IV-4. Reports and Project Control. The selected Offeror shall prepare and submit at the request of the Commonwealth, subject to attorney-client and other applicable privileges, memoranda of law and other documents related to the services performed for this engagement.
