Sol_89303020RLP000005_Amd_0004.pdf

(x)

89303020RLP000005

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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 you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20585 1000 Independence Ave., S.W.

00112

MA-64

Office of Headquarters Procurement Services U.S. Department of Energy Office of HQ PS (HQ)

Washington DC 20585 1000 Independence Avenue, SW

893030

Forrestal Building

MA-64

U.S. Department of Energy Headquarters Procurement Services

01/08/20210004

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

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

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

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

12/08/2020

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

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

ORDER NO. IN ITEM 10A.

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

See attached Combined Synopsis/Solicitation RFP 89303020RLP000005 Amendment 0004.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Katharine N. Lindner

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

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

01/08/2021

U.S. Department of Energy Solicitation 89303020RLP000005 Amendment 0004

Legal and Advisory Services for the U.S. Department of Energy's (DOE) Loan Programs Office (LPO)

The purpose of this amendment is to 1) provide responses to additional questions received and 2) revise sections of the solicitation. Accordingly:

1) The following questions were received and responses are provided below:

Q1: Are the labor categories that may be included in a proposal limited to those listed in Attachment B – Price Matrix? Or can the labor categories be further broken up?

A1: The DOE Labor Categories provided in Attachment B - Price Matrix are intended to serve as a cross-walk for evaluation purposes, should firms have additional or different labor categories than those provided.

Q2: Section C.3(a)(3) of the Solicitation lists the August 2019 version of FAR 52.204-23 as applicable to the contract. However, the current version of this regulation is August 2020. Can you please clarify which version applies?

A2: The regulation has been updated as provided in #4 of this amendment below.

Q3: Section E.2. DOE-L-2001 provides that the proposal must be submitted using FedConnect; proposal shall only be accepted through FedConnect, and proposal submitted by e-mail shall not be accepted or considered.

However, E.2.A.1 (INTRODUCTION) provides that the proposal shall be submitted via email to Marvin.Bethea@hq.doe.gov and Katharine.Lindner@va.gov (sic). Please confirm that submission of the proposal need only be made through e-mail. Also, please confirm if the above e-mail address with the domain “va.gov” is correct.

A3: Provision E.2, section A.1, INTRODUCTION, has been revised as provided in #2 of this amendment below.

Q4: The list of client examples includes the DOE’s Loan Guarantee Program. Can major modifications closed within the past five years be used to demonstrate the firm’s experience representing US Government Agencies or Instrumentalities?

A4: Yes.

Q5: Under the Heading Experience. The first subheading refers to “Criterion 1, 2 and 3”. However, the operative text of the paragraph only refers to the transaction types listed under Technical Evaluation Criteria 1 and 2. Does the paragraph apply also to individuals that have worked on transaction types listed under Technical Evaluation Criterion 3?

A5: Provision E.2, section (ii) VOLUME II - TECHNICAL AND MANAGEMENT, Factor 2 - Personnel, Experience, has been revised as provided in #3 of this amendment below.

Q6: Is it possible to subcontract or partner with another firm to satisfy any of the Technical Qualification Criteria?

A6: No. DOE requires that all programmatic services be performed by one law firm with the exception that, in connection with distressed asset programmatic services and to the extent that knowledge of state law is required, programmatic counsel may retain local counsel.

Q7: Can the Key Personnel experience requirement be satisfied by personnel that has part of its experience at the “counsel” level or at senior positions in the legal department of private companies?

A7: Yes.

2) Provision E.2, ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS, section A.1, INTRODUCTION, is hereby deleted in its entirety and substituted with the following:

1. INTRODUCTION: The Offeror’s proposal shall be submitted electronically through FedConnect (https://www.fedconnect.net). All quotes shall be submitted no later than 10:00am EST on January 29, 2021.

The Offeror’s proposal shall consist of the three (3) volumes listed below. Each volume shall be submitted on a separate PDF or Excel document. One copy of each volume will be required.

a. Volume I: Offer, Amendments, and Representations & Certifications

b. Volume II: Technical & Management

c. Volume III: Price

The use of hyperlinks is prohibited.

3) Provision E.2, ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, section (ii) VOLUME II - TECHNICAL AND MANAGEMENT, Factor 2 - Key Personnel, Experience, is deleted in its entirety and substituted with the following:

• Experience.

Criterion 1, 2 and 3. With respect to the individuals that have worked on the transaction types listed under Technical Evaluation Criterion 1, 2, and 3, such individuals must have at least ten (10) years of experience at the partner level in substantially participating in the due diligence negotiation, structuring, documenting and closing of senior secured financing transactions within the last ten years, each with project costs of $150 million or more, and involving (i) energy or energy-related projects, (ii) the representation of lead or senior lenders or guarantors, and (iii) structures requiring intercreditor arrangements.

4) Solicitation section C.3, (a)(3), is updated as highlighted below:

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

All other solicitation terms and conditions remain unchanged.

https://www.fedconnect.net/