77344421R0001-000003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE

DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

77344421R0001000003

Summary of Changes

Section L - Instructions, Conditions and Notices to Offerors

The following clauses are modified:

Clauses incorporated by full text

Instructions, conditions, and notices to offerors or respondents

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTIFICATIONS TO OFFERORS

NOTE: Offerors shall only submit Phase 1 Proposals ? Volume I ? Administrative, and Volume II ? Past Performance in response to this announcement.

Summary instructions for Phase 2 Proposals, Volume III- Technical, and Volume IV - Price, are included for information and planning purposes only. These are draft instructions and subject to change. Instructions for Phase 2 will be provided at the end of Phase 1.

Proposal Process:

The Government will be conducting a two-phased solicitation and evaluation:

Phase 1: Administrative and Factor 1 - Past Performance

Phase 2: Factor 2 - Technical and Factor 3 - Price.

The Government will evaluate Phase 1 proposals and issue Advisory Down-Selection Notifications to all offerors. The notification will provide the offeror their Factor 1- Past Performance rating and feedback on their overall chance of award.

Highly rated Offerors will be advised to proceed to Phase 2. Offerors who are not among the most highly rated will be advised that they are unlikely to be viable competitors. The notification will provide the general basis for the Government's recommendation.

The intent of the advisory notice is to minimize the cost, time, and effort in developing Phase 2 submissions for those Offerors with little to no chance of receiving an award. However, it does not restrict an offeror with a negative notification from continuing to participate in the solicitation. All offerors, regardless of the recommendations of the notification, may proceed to Phase 2.

Notifications will be sent via e-mail to the point of contact identified in the Offeror's proposal.

The notifications will include Phase 2 instructions for proposal submission. Offerors who choose to proceed, shall submit Phase 2 proposals according to the instructions. Phase 2 will consist of oral presentations and written submissions. Phase 2 will also require the offeror to quote on a sample task order to assist in price reasonableness. It is the Government's intent to award this task order as the IDIQ minimum order for all IDIQ awardees.

The Government anticipates requiring Phase 2 proposal submissions 21 calendar days after issuance of Down-Selection Notifications.

Questions:

The instructions included in this RFP for Phase 2 are subject to change. Final instructions will be provided with the Advisory Down-Selection Notifications. Therefore, specific questions about Phase 2 instructions and submissions will not be entertained at this time. Offerors who participate in Phase 2 will have an opportunity to ask questions regarding Phase 2 submissions.

Submit all other questions via e-mail to solicitation@dfc.gov. The deadline for questions is 2:00pm EST,on April 7, 2021.

Phase 1 questions will be not entertained after this date. Offerors shall submit all questions in one email. Telephonic inquiries will not be entertained. Offerors are responsible for confirming receipt of questions. Phase 1 questions will be answered at a post-solicitation industry day conducted via teleconference. All interested parties who submit a question will receive instructions to participate in industry day. Answers to vendor questions will alsobe posted to beta.SAM.gov.

Proposal Instructions:

The deadline for submission ofPhase 1 proposals is no later than the offer due date/local time listed in Block 8 on page one of the SF1449. Local Time is Eastern Standard Time. Proposals will only be accepted via email to solicitation@dfc.gov. Offers submitted by any other method will not be accepted. Proposals received after the offer due date/local time will be late and will not be considered for award.

Files larger than 20MB may need to be transmitted in separate emails. All emails, regardless of size, need to be received by the Government server, by the stated submission deadline. It is the responsibility of the offeror to ensure receipt of all documents by the deadline given. The Government will not be responsible for any failure of transmission or receipt of the proposal, or any failure of the Offeror to verify receipt of the emailed proposal.

All volumes shall be named with the Volume # and Offeror's name. Submissions that do not adhere to format and content requirements may be considered non-responsive. The Government reserves the right to eliminate any such proposals from consideration for award.

The proposal should not simply rephrase, restate or merely parrot back the contractual requirements, but rather must provide convincing documentary evidence in support of any statements relating to promised performance. Offerors shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their operations and experience, and will base its evaluation only on the information presented in the offeror's proposal.

Elaborate brochures or documentation, binding, detailed artwork, or other embellishments are unnecessary and will be included in page count. Page limitations in the Volume Sections listed below are maximums. Pages submitted beyond the maximum will not be evaluated. All proposals shall be single spaced in font no smaller that Times New Roman 12. No links to other resources or websites should be included, and there will be no expectation that the government will review any documents beyond the requested submission.

If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer (CO) in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this contract(s) based on the initial proposal, as received, without discussions.

Phase 1 proposals shall be prepared in two (2) separate volumes in pdf format as follows:

Volume I ?ADMINISTRATIVE

Volume II ?Factor 1 - PAST PERFORMANCE

VOLUME I ?ADMINISTRATIVE: The Offeror shall submit Sections 1 through 5 as listed below. Note: Offerors are not required to propose all four categories but shall quote a minimum of two unless they propose to perform Category 4. Offerors proposing only Category 4; Political Risk Insurance may submit a proposal.

Volume 1 - Administrative

Section # Contents Page Limit

1 Offeror Name 1 page

Physical Address

DUNS number

CAGE code if assigned mailto:solicitation@dfc.gov

Point of contact with phone number and email address

Small Business Program designations (if applicable)

System for Award Management (SAM) Status:

• Statement that the Offeror has an active registration with NAICS Code 541110 or;

• Statement describing the status of Offeror's SAM registration and acknowledgment that the Offeror shall not submit a Phase 2 proposal without an active SAM registration.

List of ILSS categories proposed

2 Signed RFP: SF1449, page 1 1 page

3 Signed Amendments: SF1449, page 1 of any amendments to the RFP 1 page per amendment

4 Confirmation statement that the Offeror is qualified to issue legal opinions in the state of New York and that the Offeror's management will agree to be a prime contractor representing the United States.

1 page

5 Quality Control Plan - Offerors may submit in the format of their preference.

5 pages

6 Small Business Subcontracting Plan - Offerors may submit in the format of their preference, but may use the outline at Attachment 3 for reference.

10 pages

VOLUME II ?FACTOR 1: PAST PERFORMANCE:

Offerors shall submit past performance information for direct legal services in the public and/or private sector within five years from the release date of this RFP. If an Offeror is proposing a teaming arrangement, only one of the transactions in Sections 1 and 2 shall have been performed by the teaming partner. The Offeror shall have performed as the prime contractor providing services.

The contracts and or engagements shall be relevant; the same or similar to the services described in the PWS and have similar magnitude and scope. Relevancy includes service similarity, complexity, contract/engagement type, contract/engagement dollar value/size, and program phase. The past performance submissions shall specifically address international transactions in emerging markets.

Section 1: International Transaction List ?list no fewer than three (3),but no more than five (5), transactions in emerging markets in each ILSS category the offeror proposes to perform. Only one of the transactions may be for services performed by the proposed teaming partner. The list shall note which, if any, transactions were performed on behalf of a Development Finance Institution. Limit: 4 pages in total for all transactions listed across all ILSS categories. List each transaction in the following format:

1. Relevant ILSS category

2. Performance start and end date, Month and Year

3. Project Name

4. Sector

5. Region of Project

6. Approximate Project Value

Section 2: International Transaction Descriptions: describe no fewer than two (2), but no more than three (3), of the transactions listed in Section 1 for each ILSS category. Only one of the descriptions may be for services performed by the proposed teaming partner. Offerors shall submit the descriptions on Attachment 4: Transaction Description Form. Limit:1 form/1 page per description. Descriptions shall include the following:

1. Project Name

2. Value of the underlying transaction on which the offeror advised (may be approximate).

3. Government Agency or Commercial Entity Name for which services were performed,

4. Contract number if applicable

5. Narrative detailing the services the prime Offeror was engaged to perform, how the Offeror performed the services, how services are relevant the tasks described in the PWS.

6. Name, title, email address, and telephone number of a reference at the Government Agency or Commercial

Entity.

The Government will evaluate Volume I proposals for responsiveness. The Government will evaluate Volume II Factor 1 ?

Past Performance as described in Section M. At the conclusion of the Phase 1 evaluation, the Government will provide an Advisory Notification on Factor 1 ?Past Performance evaluation results and the Government's recommendation on offeror's success should it continue in the solicitation process.

Phase 2 Proposal Sample Instructions: the following instructions are for information purposes only. Volumes III and IV shall not be included in the initial RFP response. Only Offerors who choose to participate in the second phase after receipt of an Advisory Notification shall submit the Volumes III and IV. Specific instructions will be included in the Advisory Down-Selection Notification. These instructions are subject to change.

Phase 2 proposals shall be prepared in two (2) separate volumes:

Volume III ?Technical

Volume IV ?Price

VOLUME III ?TECHNICAL: Phase 2 requires an oral presentation and written submission. Specific instructions for the oral presentation format, content, and schedule will be provided in the Advisory Down-Selection Notifications.

Section 1: Capability Description Oral Presentation.

The Quoter's oral presentation shall provide the Government an understanding of the Offeror's understanding of and ability to perform the proposed ILSS categories.

a. Technical Capabilities: ILSS categories, sectors, and regions in which the offeror proposes to perform services.

Specific expertise and unique qualifications to perform required services.

b. Attorney Capability: expertise of the Offeror's lead partners, relationship partners, and project attorneys, and composition of DFC project teams.

c. Foreign Local Counsel Engagement: Offeror's process to identify and engage local counsel for transaction support, foreign countries in which the Offeror is qualified to issue legal opinions, alliances or strategic relationships with local counsel, and local counsel engaged in major markets within the last three years.

d. Conflict Confirmation System: how the Offeror will identify potential conflicting engagements.

Section 2: Capability Description Written Submission.

a. By-Name Attorney List ?names of attorneys directly employed by the prime contractor that the Offeror proposes to perform each ILSS Category. (Limit: 1 page)

b. Attorney Resumes ? for each attorney on the by-name list that describes their specific experience in each service categories proposed as well as their regions and sectors of expertise. (Limit: 1 page per resume).

c. Confirmation statement that, subject to check of counterparties at the time of each task order, the Offeror's representation of DFC would not raise a conflict of interest. (Limit: 1 page)

VOLUME IV ?PRICING:

In accordance with FAR 15.403-3, and clause 52.215-20, Alternate 1, Offerors shall provide the following to support the Government's determination of price fair and reasonableness.

Section 1 ?Cost and Price Matrix: The Offeror shall submit proposed fully burdened ceiling hourly rates with direct and indirect cost components listed separately, based on the attorneys listed in the "By-Name Attorney List" submitted in Volume II, Section 2a, for all labor categories identified in Attachment 1; Cost and Price Matrix and described in Paragraph C.4. The Matrix shall be submitted in Microsoft Excel format with all formulas intact. Offerors shall not add additional rows or columns to the matrix, or change or add labor categories or cost elements, and shall provide the information in the cells as required in the instructions on the Matrix.

Section 2 ?Cost and Price Narrative: The Offeror shall submit a narrative that describes the reasonableness of its cost elements and escalation rates. The Offeror shall describe the items included in each cost element and describes how the offered rates are the best value to the Government. Indicate how you have computed and applied your indirect costs. Explain trends and budgetary data to provide a basis for evaluating the reasonableness of proposed rates. Indicate the rates used and provide an appropriate explanation. The Offeror shall describe any discounts included in the proposed prices and any cost-saving measures used to offer DFC the best possible price for services. Include a statement that the Offeror agrees to hold the offered prices firm for 180 calendar days after the proposal closing date.

(Limit: 3 pages). Offerors may attach copies of audits or Forward Pricing Rate Agreements to their narrative. These attachments are not included in the page limit.

Section 3 ?Task Order Quote: The Offeror shall submit a quote for legal research inquiries in response to the RTOQ provided with the Advisory Down-Selection Notification. Legal research services are questions related to DFC ILSS tasks not awarded on a task order. Inquiries sent to IDIQ awardees will be limited to the ILSS categories, sectors or regions in their CSQs. The effort required to respond to the inquiries is generally less than two hours per inquiry. A sample RTOQ with examples of anticipated inquiries and a price matrix for quotes will be provided with the Advisory Down-Selection Notification.

(End of Section L)

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