Sol_89303020RLP000005_Amd_0007.pdf

(x)

89303020RLP000005

x x

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

03/17/20210007

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 0007.

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 .

03/17/2021

U.S. Department of Energy Solicitation 89303020RLP000005 Amendment 0007

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

The purpose of this amendment is to provide answers to questions received by the revised question deadline of March 9, 2021. Accordingly:

Q1: When does the Agency anticipate the period of performance to start, i.e. a projected/estimated start date?

A1: DOE anticipates performance will begin on the day upon issuance of a Task Order under this IDIQ contract.

Q2: Will the Agency allow Subcontractor’s past performance to be evaluated in support of the overall Team’s past performance?

A2: As stated in RFP provision E.4 ADDENDUM to FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS, (f) Past Performance, “The Government shall use information available through the Contractor Performance Assessment Reports (CPARS) and other performance databases (if necessary) in evaluating an Offeror’s performance and to assign a Past Performance rating” and an Offeror will receive a “neutral” rating should the Offeror’s performance record is either not available or is so sparse that the Government is unable to form an opinion as to whether the Offeror is likely to successfully perform the required effort. If an Offeror submits a proposal in which a subcontractor is proposed to perform those legal services then such proposed subcontractor’s past performance will be taken into account as part of the overall Past Performance rating.

Q3: Will the Agency allow price evaluation preference to be applied for HUBZone contractors in accordance with 13 CFR 126.613 and FAR 19.1307?

A3: In accordance with FAR 19.1307(a)(1) and (2), the price evaluation preference for HUBZone small business concerns shall not be used “where price is not a selection factor so that a price evaluation preference would not be considered” and “where all fair and reasonable offers are accepted (e.g., the award of multiple award schedule contracts)”. As stated in RFP Provision E.4 ADDENDUM to FAR 52.212-2 EVALUATION

– COMMERCIAL ITEMS, (d) Basis for Contract Award, “For this procurement, the best value basis for awards will be determined by the Highest Technically Rated Offerors with a Fair and Reasonable Price”. (g) Price also states “whether an Offeror’s price is fair and reasonable will be considered in the overall evaluation of the proposals in determining selection for award.” The Government intends to only determine whether an Offeror’s price is fair and reasonable; the prices themselves will not be used as a selection factor. Therefore, no, DOE will not utilize a price evaluation preference.

Q4: Does the Agency have any forecast knowledge on the number of hours per year that the Agency anticipates utilizing the contractor-attorneys for this opportunity?

A4: It is difficult to forecast the number of hours per year to be expended on this opportunity. It will be a function of the changes to the programs and questions and matters as they arise.

Q5: Does the Agency have any forecast knowledge on the amount of travel the contractors are projected to take annually?

A5: The Agency does not anticipate there would material travel to perform the legal services.

Q6: Does the Agency have an incumbent for the requirement or is this a new requirement?

A6: The incumbent contractor is Clifford Chance, LLC.

Q7: We have significant experience with Intellectual Property, Valuation, and Bankruptcy but have not represented a banking or lending institution. Is this a requirement for the contract?

A7: Yes it is a requirement.

Q8: While we understand that the Cover Letter to be included in Volume I will not be considered in the evaluation, we believe it will provide important context for the submission. Can you please confirm that those responsible for reviewing the proposal and making the final decisions will receive this cover letter?

A8: As provided in RFP provision DOE-L-2002, “Proposal Preparation Instructions, Volume I – Offer and Other Documents (OCT 2015): “(b) Cover letter. The Offeror may provide a brief cover letter. The cover letter will not be considered in the evaluation”. Offerors are advised to include relevant or contextual information in their Volume II – Technical and Management Proposal.

Q9: In Factor 2 – Key Personnel, the Solicitation requires that the lead partner proposed for each Criterion have at least ten years of experience at the partner level. Do the lead partners have to have been a partner for ten or more years? Or can a lead partner have been practicing law for more than ten years but at the partner level for less? A few of the key relationship partners with whom LPO is most familiar and who we believe would add significant value to the programmatic counsel relationship fall slightly short of the 10-year threshold.

A9: With respect to Factor 2 – Key Personnel, the lead partners do not need to have been a partner for 10 years, but the lead partners need to be partners and need to have practices law for at least 10 years. Key Personnel “should include” one lawyer as a partner and one lawyer having at least ten years experienced in the delineated practice areas.

Q10: To fulfill Factor 1, Criteria 1-4, must all matters we include have been led by one of the key partners proposed as the Key Personnel? Or, as a demonstration of our firm’s experience, can we include matters that are relevant and fulfill the criteria but were not led by Key Personnel?

A10: The Agency will consider the firm’s experience for Factor 1, Criteria 1-4 and not limit such experience to Key Personnel only. However, the Agency would prefer to have Key Personnel who were involved, but not necessarily as a lead partner, in the matters listed in those criteria.

Q11: Do we need to provide a firm-fixed-price item unit price for any particular pieces of work? Or do the labor hourly rates suffice?

A11: As provided in RFP provision E.2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS: "The Offeror’s Volume III – Price proposal shall contain a completed Attachment B, Price Matrix, that includes all the fully burdened hourly rates, labor categories, and any price supporting information necessary for the entire period of performance. Attachment B, Price Matrix, only requests hourly labor rates; there is no firm-fixed-price component of the work.

Q12: Our current retainers with DOE contemplate six categories of associates with six separate rates. We understand from Attachment B (Price Matrix), that only two levels of associates are contemplated. Are there numbers of years of experience that DOE considers for a senior vs. junior associate?

A12: Per RFP Amendment 00004, 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. For purposes of the RFP the Agency will consider associates with less than 4 years of experience as “Junior Associates” and those with 4 years or greater experience as “Senior Associates”.

All other solicitation terms and conditions remain unchanged.