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Management of
Services
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4.1 General
Management of Legal Support Services
The FDIC's goal is to utilize experts and LSS
providers that possess the necessary knowledge, background, research
capabilities, and other expertise in the particular field for which
the provider will be providing services. Consistent with this goal,
the FDIC expects the expert or LSS provider to manage time carefully.
Expert and LSS provider costs should be competitive.
Consistent with the terms of the executed
agreement with the FDIC, the FDIC will not pay for costs
associated with:
• Excessive conferencing (including, but not
limited to, billing for administrative instructions, billing for
repetitive or daily meetings among contractors, staff, etc.);
• Unnecessary review of documents or files;
• Unnecessary polishing of documents (including,
but not limited to, unnecessary reviews, updates, or amendments to
documents or files);
• The "learning curve" for FDIC work; and
• Unfocused research or research not required by
Oversight Attorney.
Experts or LSS providers are required to discuss
staffing with the Oversight Attorney and assign no more employees
than are necessary to adequately provide services to the FDIC. The
expert or LSS provider must refrain from rotating assignments away
from employees knowledgeable about FDIC or using FDIC projects for
the purpose of training other personnel. Departures of personnel
from expert’s or LSS provider’s organization must be listed in a
contract amendment.
Providing services in a cost-effective manner
requires that the expert or LSS provider:
• Consult the Oversight Attorney on strategic,
tactical, or cost-related decisions concerning the services that
are being provided;
• Provide to Oversight Attorney, upon request, a
copy of all contracts for expenses and orders with a value over
$100,000, with subcontractors, consultants, and other parties
engaged by expert or LSS provider to work on FDIC matters. Furnish
a copy of the contract or order under a letter confirming
permission to use the particular third party;
• Have a clear understanding of the role of the
expert, LSS provider, the Oversight Attorney;
• Define the goals and objectives to be
achieved;
• Develop a formal case plan, if required by the
Oversight Attorney, that will achieve the FDIC's goals and
objectives, which requires approval of the Oversight Attorney and
his delegated authority when appropriate; and
• Be advised of all significant developments.
Decisions that should be made by consultation with
the Oversight Attorney (absent exigent circumstances) include,
without limitation:
• Secretarial overtime;
• Use of temporary employees or summer interns;
• Travel;
• Contacts with FDIC business staff;
• Research; and
• Staffing at conferences, court appearances,
depositions, or meetings.
The Legal Division expects timely, cost-effective
solutions. Failure to conform to the required cost-saving measures
noted above may result in disallowance of the billed amounts by the
Legal Division.
Reports
FDIC management procedures require that the expert or LSS
provider keep the FDIC Oversight Attorney fully informed as to the
status of services that are being handled. A status report may be
submitted as often as directed to the Oversight Attorney for each
service the expert or LSS provider is providing.
Reports should:
• Be brief but meaningful;
• Emphasize developments since the last report;
• Discuss and compare case status to the budget
and whether the service is proceeding in line with the case plan;
and if not
• Explain in detail why actual costs differ from
projected or budgeted amounts.
4.2
Case Plan
A formal case plan and schedule shall be prepared for each matter
handled by experts and shall be closely monitored by the Oversight
Attorney. If required, the Oversight Attorney may develop a formal
case plan for each LSS provider. The case plan will be utilized by
the Oversight Attorney to summarize the strategy for the services.
Upon commencement of services the expert or LSS
provider should discuss the matter with the Oversight Attorney. If
required by the Oversight Attorney, a case plan and budget should be
prepared that sets forth the major steps the expert or LSS provider
will take to accomplish the service. The case plan should also
detail and schedule the work to be performed, identify the
expert or LSS provider and support staff that will perform the work,
and indicate the total hours each person (or class of people)
identified will spend on the work. The case plan is a vital tool in
cost control and oversight.
4.3 Case Plan
Submission
The following steps outline the submission and approval process:
1. Once the case plan is completed, it is
submitted to the Oversight Attorney for approval. This package
consists of the case plan and when necessary the budget.
2. The Oversight Attorney will review the case
plan and budget. If it is satisfactory, the Oversight Attorney
will recommend approval by the appropriate FDIC delegated
authority.
3. The Legal Division will notify the expert or LSS provider
when the case plan is approved.
4.4 Amended Case Plan
Submission
Once completed, the amended case plan and budget should be submitted
to the Oversight Attorney for approval.
The amended case plan and budget should be
submitted in the same manner as the original case plan, as
instructed in the retention letter. This package consists of the
amended case plan and budget form. See steps 2 and 3 under 4.3 (Case
Plan Submission) to complete the submission and approval process.
4.5 Criminal
Referrals
The Legal Division has a responsibility to notify and, where
appropriate, assist law enforcement officials including the Office
of Inspector General in investigating conduct that may constitute a
violation of criminal statutes. The expert or LSS provider should
report any information that indicates possible criminal behavior to
the Oversight Attorney. The Oversight Attorney may either file a
Suspicious Activity Report Form - Word or instruct the expert or LSS
provider to do so under Legal Division’s guidelines.
The FDIC does not have authority or responsibility
for instituting, conducting, or disposing of criminal proceedings.
As a matter of policy, the settlement of civil litigation on behalf
of the FDIC may not, expressly or by implication, extend to the
disposition of any criminal charges or recommendations with respect
to such charges, or to the disposition of any potential criminal or
civil liability for fraud against the FDIC or the United States.
Furthermore, in conducting civil litigation, including settlement
negotiations, under no circumstances may the expert or LSS provider
agree to withhold from law enforcement authorities any information
relating to a possible criminal violation or investigation.
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