Legal Support for Air Carrier and National Security Loan Programs and Payroll Support Program

Request for Information (RFI) / Sources Sought Notice Legal Support for Air Carrier and National Security Loan Program and Payroll Support Program 1.0 NOTICE TO VENDORS The U. S. Department of the Treasury (Treasury) is conducting market research to determine available sources for a potential procurement. The purpose of this notice is to determine the availability, technical capability, and interest of qualified contractors able to provide legal services in support of the Air Carrier and National Security Loan Program and Payroll Support Program, in accordance with the attached draft Performance Work Statement (PWS). This notice is issued solely for information and planning purposes, is not a solicitation, and does not constitute a commitment to or by the Government. Information submitted in response to this Sources Sought Notice is voluntary. All information provided will be held in a confidential manner and will only be used to assist the Government in developing its acquisition strategy. The Government will not pay for information, nor will it compensate any respondent for cost incurred in developing the information provided. Treasury reserves the right to contact individual companies for additional information. 2.0 BACKGROUND Treasury's mission is to maintain a strong economy and create economic and job opportunities by promoting the conditions that enable economic growth and stability at home and abroad, strengthen national security by combating threats and protecting the integrity of the financial system, and manage the U.S. Government's finances and resources effectively. In March 2020, the world was hit by the COVID-19 pandemic and the economic impact was particularly dire for the aviation industry. In response, Congress passed several laws establishing programs to provide support to air carriers and certain other types of businesses. These laws include the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act, the Consolidated Appropriations Act, 2021 (CAA), and the American Rescue Plan Act of 2021 (ARPA). As relevant here, Treasury established a program for making loans to aviation businesses and national security businesses under the CARES Act, and disbursed three rounds of financial assistance to aviation businesses under the Payroll Support Program created under the CARES Act, CAA, and ARPA (together, the Programs). As part of the Programs, certain companies issued debt or equity instruments to Treasury. See the attached draft PWS for details on tasks required. The Government is seeking interested contractors with experience in advising on financial transactions with passenger air carriers. Relatedly, the contractor must have expertise advising on and managing legal issues in connection with securities law, mergers and acquisitions of public and private companies, secured and unsecured lending, asset management, employment law and executive compensation, dispositions of equity and debt instruments in public and private markets, debt and equity restructurings, bankruptcy law and proceedings, creditors rights in bankruptcy, and debt collection. The contractor must also have experience serving as counsel to federal agencies and the resources and expertise to provide the required advice and work product immediately upon engagement. 3.0 RESPONSE REQUIREMENTS The Government asks interested parties to provide a capability statement that includes the following, at a minimum, in their response; Company name, System for Award Management (SAM) Unique Entity ID (UEI) Number, Company Point of Contract: Name, Telephone, and E-mail address, Listing of any relevant Federal Supply Schedule contracts held, Company experience in providing the required services in accordance with the draft PWS and as listed in section 2.0 above, Answers to the following questions and details supporting affirmative responses: a. Do you have experience in advising on financial transactions with passenger air carriers? Do you have experience in providing legal advice to a federal agency regarding the disposal of publicly traded and non-publicly traded common stock, warrants, or debt instruments, and negotiating, drafting, and managing the execution of documentation related to such dispositions? Do you have experience in providing legal advice to a federal agency in matters related to debt and equity restructurings, mergers or acquisitions involving public or private companies, bankruptcy, and debt collection? Do you have experience in providing legal advice to a federal agency regarding recipient compliance with federal financial assistance award requirements, including requirements related to employment and executive compensation? Do you have experience in providing legal advice to a federal agency regarding oversight requests related to federal financial assistance awards? Do you have experience in providing legal advice to a federal agency related to federal or state securities laws, and secured and unsecured lending? Any additional information you would like the Government to consider during its acquisition planning. Responses are due no later than 12:00PM ET, March 16, 2023 via e-mail submission ONLY to Contract Specialist Aleta Dust at aleta.dust@irs.gov and Contracting Officer Mark Green at mark.green2@irs.gov. Begin the subject line of the response email with 2032H323N00007. Questions regarding this RFI will NOT be accepted. THE SUBMISSION OF ANY INFORMATION IS INTENDED FOR PLANNING PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS A COMMITMENT BY THE GOVERNMENT TO PROCURE ANY SERVICES, NOR DOES THE GOVERNMENT INTEND TO AWARD A CONTRACT ON THE BASIS OF THIS NOTICE OR OTHERWISE PAY FOR THE INFORMATION.