PBGC seeks to retain outside litigation counsel, to include a national counsel team, to provide litigation readiness, strategic advice, and representation in administrative law and statutory challenges to PBGC Special Financial Assistance (SFA) eligibility determinations for multiemployer plans that terminated by mass withdrawal and seek SFA. Counsel will also provide advice on related SFA matters.
Outside counsel shall advise PBGC, but PBGC will retain all decision-making authority. Counsel shall develop and implement a coordinated national litigation strategy for matters within the Second Circuit and other federal circuits, including potential proceedings before the U.S. Supreme Court. Counsel shall manage and coordinate litigation across multiple venues, including legal research, jurisdictional analysis, brief and motion drafting, discovery, hearings, trial-level representation, appellate representation, and related strategic advice. PBGC may authorize additional advice concerning the SFA program and paralegal or filing support through written direction from the Contracting Officer or Contracting Officer’s Representative.