ATTACHMENT D - POSITION QUALIFICATIONS.pdf

89303020RLP000005

ATTACHMENT D

POSITION QUALIFICATIONS

Contractor will provide personnel in accordance with the following position descriptions:

1. Transactional Expertise. Two Senior Partners having:

a. at least ten years of experience at the partner level as the lead partner on five (5) limited recourse or non-recourse “project finance” transactions with the following parameters:

• Each transaction closed on or after January 1, 2015;

• Each transaction involved an energy or energy-related project;

• Each transaction had project costs of not less than $250 million;

• The clients for three (3) of the five (5) transactions were senior secured lenders or guarantors; and

b. acted as lead partner on five (5) secured financing transactions, which may include transactions such lead partner used to demonstrate its satisfaction of the above criteria, with the following parameters:

• Each transaction closed on or after January 1, 2015

• Each transaction was for a financing the principal amount of which was not less than $100 million; and

• Each client for each of the five (5) transactions was an agency or instrumentality of the U.S. Federal Government (for example, without limitation, Department of Energy’s Loan Guarantee Program, Overseas Private Investment Corporation, U.S. Export-Import Bank, Department of Agriculture’s Rural Utilities Services, or the U.S. Department of Transportation’s Transportation Infrastructure Finance and Innovation Act (TIFIA) program).

2. Bankruptcy and Insolvency Expertise. One Senior Partner having at least ten years of experience at the partner level as lead bankruptcy, insolvency, reorganization or debt restructuring counsel with representations with the following parameters:

a. The representation began on or after January 1, 2015;

b. The Senior Partner represented either senior lenders or guarantors;

c. The outstanding indebtedness held by the senior lender or guaranteed by the guarantors was not less than $250 million; and

d. The outstanding indebtedness held by the senior lender or guaranteed by the guarantors was for the financing of an energy or energy related project.

3. Tax Expertise. One Senior Partner having at least ten years of experience at the partner level that has provide legal advice within the last five years on complex tax issues, tax-oriented or tax-driven transactions, tax equity investments, production tax credits, investment tax credits, or payments for specified renewable energy property in lieu of tax credits under Section 1603 of the Recovery Act.

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89303020RLP000005

ATTACHMENT D

4. Davis Bacon Subject Matter Expert. One lawyer having at least ten years of experience that has provided legal advice within the last five years on compliance under the Davis Bacon Act and its implementing regulations, including determining the applicability of the Davis Bacon Act and selection of appropriate wage determinations for inclusion in construction contracts.

5. Education and Licensing Requirements. All lawyers must possess a JD or LLB from an accredited law school and an active bar membership.

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