Legal Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 13 for Simplified Acquisition Procedures (Other Than Commercial Items), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number DTFR53-10-Q-00003 is and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-39. The associated North American Industrial Classification System (NAICS) code for this procurement is 541110 with a small business size standard of $7,000,000. This procurement is unrestricted. The Federal Railroad Administration (FRA) anticipates awarding one (1) time and material type contract with an estimated ceiling amount of $100,000.00 and an anticipated period of performance not to exceed three (3) months. In response to the FRA's requirement, the contractor shall provide legal services on a non-personal services basis to include: General advice and consultation regarding the legal structure of the Rehabilitation and Improvement Financing ("RRIF") Program; Ongoing documentation of the transaction; Review of legal opinions from borrower's counsel and related documents; and drafting loan documents and any other related documents required to secure a RRIF loan. Evaluation Factors: Quotations will be carefully evaluated on the following technical criteria based on the demonstrated capabilities of the prospective contractor in relation to the needs of the Contract set forth above. Each quotation must document the feasibility of its plan to successfully achieve the objectives of the Contract. Offerors must submit information sufficient to permit a comprehensive evaluation of their quotations based on the detailed criteria listed below: Factor 1: Technical Capability a. Ability to clearly describe the contract objectives, needs, and the manner in which they will be addressed. Response should not repeat the contract language, but rather should demonstrate a grasp of what is expected. b. Demonstrate a solid knowledge of the subject area; familiarity with regulatory or programmatic issues that affect the work to be performed under the contract; and broad experience with transportation project finance and specific experience with the use of tax increment financing, master indentures, and multiple creditors. c. Provision of a sound, feasible, and achievable technical approach, which includes a reasonable period of performance and schedule of work. Factor 2. Key Personnel a. The professional experience, subject matter expertise, technical competence, and the adequacy of staffing necessary to perform the contract objectives. Qualifications of the personnel, including specific experience in project financings similar in structure, magnitude and complexity to the Denver Union Station Project as well as joint development or transit oriented development financing experience. b. Experience of key personnel with public-private partnerships and the financing of transportation infrastructure projects, particularly experience in surface transportation and transit financings through bond instruments and tax increment financings. c. Contingency plans in place to replace key personnel over the life of the Contract without any adverse impact on performance. Requires more than a statement that contractor will coordinate replacements with the COTR, but rather from where replacements will be recruited. Factor 3. Relevant Past Performance: The FRA will evaluate the relevant past performance on projects of comparable scope and complexity to those described in Attachment 1, SOW. The following areas will be reviewed: timeliness in delivery of legal services; creativity and responsiveness to problems encountered during the task; quality of legal services; relative size, similarity and scope of the project, client satisfaction. The FRA reserves the right to utilize past performance information other than the information submitted with the quotations received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. Factor 4: Price: In addition to the criteria listed above, price will be considered in the award decision. The quotations will be analyzed to assess their reasonableness. This means that the prices in an offeror's quotation are realistic for the work to be performed, reflect a clear understanding of the requirements. The Government will accept the offer that is considered the best value to the Government. A best value analysis will be performed taking into consideration the results of the technical evaluation, cost and past performance analysis, and the perceived ability to perform timely, high quality, consistently reliable support services as provided herein. In the determination of Best Value, the relative weight given to all evaluation factors other than price, when combined, is more important than price. However, offerors should note that as technical scores approach being essentially equivalent, price would become more important in the selection decision. Contract Administration Data Payment Invoices must clearly identify the Project. Invoices shall be submitted to one of the addresses stated below. The contractor shall refer to the Prompt Payment clause of the original contract for instructions on submitting invoices. The contractor is cautioned that to be considered proper and preserve your rights to timely payment or interest penalties, a proper invoice includes the following information: Name of the business concern, invoice date and number (sequential numbering of invoices is preferable). Contract number Amount of current invoice. (Show clearly and prominently on page 1) Signed by an authorized official certifying that the invoiced amounts are proper. - 5. Taxpayer Identification Number The contractor shall submit all of its invoices to one of the following addresses: Normally, all invoices and required supporting documents should be sent via e-mail to the following address: contact@example.gov. (a) Include the invoice as an attached PDF document (b) Include in the e-mail subject line the following: (i) Invoice Number (ii) Contract Number (iii) Name of your Company/Organization. (iv) Attention: John Doe Example: Invoice No. 1 - DTFH61-05-D-00123/T-08-004 - ABC Company, Inc. - Attention: John Doe If the invoice and supporting documents exceed 8 MB as an e-mail attachment, you must select one of the other submission options presented below: Invoices submitted via an overnight service must use the following physical address: Federal Railroad Administration 1200 New Jersey Ave., SE Room W34-304 Washington, DC 20590 Attention: TBD time of award All invoices, regardless of submission method, must identify the Contracting Officer (To be determined) in the attention line. Travel & Per Diem Since it is necessary for you to go to the GSA per diem web page (http://gsa.gov/perdiem) to ascertain the correct hotel and M&I expense rates, it would be very helpful to our review and approval process to include a copy of the web page with the applicable line highlighted. Payments may be delayed when we cannot determine from the invoice which rate applies, thus cannot approve it without going back to the contractor for more information. INVOICES FAILING TO FOLLOW THESE INSTRUCTIONS ARE NOT PROPER FOR PAYMENT, AND WILL BE RETURNED FOR CORRECTION. Award Notification & Submission of Quotations A written notice of award or acceptance of a quotation, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of a quotation), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Central Contractor Registration (CCR). Offerors must be registered in the CCR database to be considered for award. Registration is free and can be completed on-line at: http://www.ccr.gov/ Online Representations and Certifications (ORCA). Offerors shall complete the On Line Representations and Certifications (ORCA) that can be accessed electronically at the following web address: http:// www.bpn.gov The clause 52.213-4, Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items) (DEC 2009), applies to this acquisition. Offerors are encouraged to submit your quote via email, to the following address: contact@example.gov. If not emailed, quotations may be mailed to: U.S. DOT/FRA Attn: Tremayne Terry 1200 New Jersey Avenue SE Stop W36-498 Washington, DC 20590 All questions shall be submitted by email to Tremayne contact@example.gov no later than 1630 EST on the due date of April 12, 2010. Offerors are encouraged to use email for all questions and correspondence related to this solicitation. Offerors are hereby notified that quotations not received by the date, time, and location specified in this announcement will not be considered.