AMENDMENT 1 009.doc

DTFH61-08-R-00009 Amendment 1

AMENDMENT 1

RFP DTFH61-08-R-00009

Legal Advisory Services Q&A

QUESTION: The subject solicitation is marked “Unrestricted” yet the size standard is $6.5M. It would seem that the solicitation should be marked “Set-Aside for Small Business”?

RESPONSE: It is unrestricted. However, given that small businesses are encouraged to submit, that they must certify to being small, and that a company can be small or not small depending on the size standard used, we must announce the standard. It is our intention to make as many awards to responsible qualified small businesses as possible up to the number needed to support our programs. Also, we collect and report data on small business awards so their certification is important.

QUESTION: The RFP states to include Past Performance Questionnaires (PPQ) to be filled out by the prime as well as the subcontractors. Does this rule apply to any independent retained consultants that we may use for some specialized projects?

RESPONSE: We are looking to the prime contractor as responsible for successful performance. Therefore, you should have 3 questionnaires for yourself, and may choose to have one or more for a consultant or sub if you believe it will enhance your proposal.

QUESTION: The RFP states "Submission of cost or pricing data is not required" - What does this mean? QUESTION: The RFP states: “submission of cost or pricing data is not required”, yet under section M, Basis for Award, it states that price will be considered in the award decision and will be analyzed to assess realism. Please clarify.

RESPONSE: “Cost and pricing data” is a term of art in Federal acquisition that means the submission of a complete cost breakdown describing all elements of direct and indirect costs plus profit. This is not required – only your loaded hourly rates which will be evaluated against each other and our estimate based on market research. [This far less detailed information is cleverly known as “other than cost and pricing data.”] Please keep in mind that you are only required to submit your loaded rates. Detailed cost and pricing data is neither requested nor desired.

QUESTION: Can we use Project Experiences in the content of our technical proposal to refer some relevant work that had been completed more than three years ago?

RESPONSE: Yes, but it will have less impact than current work.

QUESTION: While we understand that when hand carrying proposals, “FHWA is not responsible if someone is not immediately available to pick up your proposal.” Since this seems to be the most reliable way of delivering our proposal, can you make someone available certain times for proposal delivery?

RESPONSE: We do not necessarily agree that hand carried is the most reliable method. Traffic and parking around the building are a challenge. Hand carried packages still must go through security screening before they can be picked up and that can take awhile. We do not have the ability to have people sitting by the telephone over several days waiting for a call from the guard. One cannot predict what they will experience simply getting to the building entrance, nor how backed up the guards may be, or if the x-ray equipment is working at that moment, nor how many others are attempting to process packages at that time, or whether someone from our office will be able to stop what they are doing and make the trip down to the security office and get back to our office in time. There always seems to be someone who shows up minutes before the deadline and ends up angry because their proposal is deemed untimely when things took longer than they imagined.

QUESTION: We have registered as an "Interested Vendor", how do we find the list of others who have registered on this site as well?

RESPONSE: When you go to the first page for the RFP listing on FedBizOpps, there are two grey shaded areas near the bottom of the page. Below that is “View List of Interested Vendors.” Click there and the list will appear.

QUESTION: Is there an official end date to submit questions regarding the RFP?

RESPONSE: No. However, keep in mind that questions posed close to the deadline for submission of proposals may not be answered. We need time to review and research the questions and our response, and then post them on the FedBizOpps site for the benefit of all. It is not our practice to respond directly to the questioner without providing the same information to all interested parties.

QUESTION: Can we submit our proposal electronically?

RESPONSE: No. The proposal must be signed by an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this RFP. Your proposal must be submitted in the number of copies, to the address specified, and marked as indicated below. Proposals shall be typewritten, paginated, reproduced on letter-sized paper, and legible in all required copies.

QUESTION: Should I use any special markings on my proposal?

RESPONSE: Be sure to prominently mark the outside of the package as follows:

“Proposal in response to RFP DTFH61-08-R-00009 To be opened by authorized personnel in the Office of Acquisition only”.

QUESTION: May I hand carry my proposal, or send a courier?

RESPONSE: Yes. However, please be aware that the security procedures in the DOT Building prohibit individuals from delivering material directly to offices in the building. Individuals dropping off a package must report to the guard station at the DOT Building. The guard will accept the material and dismiss the individual. The material will be examined and x-rayed prior to being delivered to Room E66-310. Material left with the guard will then be delivered through the normal internal mail delivery procedures. As this can take up to several working days, offerors must make allowances to assure that offers arrive in Room E66-310 on time. Offers must be received and date/time stamped in Room E66-310 by the prescribed date and time to be considered timely, not just delivered to the guard station, the mailroom or loading dock.

QUESTION: I see there are elements dealing with small business. Do I have to meet the requirements of a small business?

RESPONSE: No. This solicitation has been issued unrestricted. It is open to all who wish to participate.

QUESTION: Are we required to return all of the pages of the RFP?

RESPONSE: That is preferred. You need only send in one copy of the completed RFP packaged with the original of your proposal. Be sure to fill in all of the requested information and sign it. We ask for it because we need it, and need it in your response. Failure to do so may result in no award, or at best, a delayed award which may prevent your participation in the initial task order solicitations. Also, be sure to acknowledge all amendments to the RFP.

QUESTION: Is there a preferred or sample format for proposals in regards to this solicitation?

RESPONSE: No. For clarity, the “original proposal” includes: 1. the RFP filled in and signed, 2. the past performance questionnaires, 3. the proposal and 4. a pdf copy of the proposal. Unless you are a small business concern, you must also include your subcontracting plan. The 7 additional copies for the evaluation team should only include the proposal you are submitting. Be very careful to address the evaluation factors as that is how you will be evaluated and determined to be eligible or ineligible for award.

QUESTION: Will an oral presentation be required?

RESPONSE: Most likely yes, for those who are rated most highly and placed in the competitive range.

QUESTION: The RFP requests original letter of commitment and agreement to serve from the proposed people not currently members of the offeror's staff. Does this also apply to our key personnel who are currently the members of our staff or such letters are needed from them at the time of responding to a task order if selected?

RESPONSE: At this point we assume you can and will assign current employees as proposed, however, as to whether an outsider really intends to join you is a different matter. Thus, we ask for letters only from non-employees. When task order RFPs are issued, we will again ask contractors to address the key personnel they would use if awarded that specific task order.

SUPPLEMENTAL INFORMATION

The following companies currently have ID/IQ contracts for legal advisory services:

Contract Number

Contractor

DUNS

DTFH61-05-D-00005

Ballard Spahr Andrews and Ingersoll, LLP 075518092

Philadelphia, PA 19103

DTFH61-05-D-00006 Hawkins Delafield & Wood, LLP 07879350

New York, NY 10005

DTFH61-05-D-00007 Nixon Peabody, LLP

079695508

New York, NY 10022 DTFH61-05-D-00008 Duane Morris, LLP

075518134

New York, NY 10168

DTFH61-05-D-00009 Katen Muchin Zavis Rosenman

020034351

Chicago, IL 60661

CORRECTIONS

Page 1, block 10, change the size standard to read $6.5 million.

Page 39, change the end of the 4th line to read: “no later than 4:00 PM on May 15, 2008.”

Page 48, paragraph R, change the 1st sentence to read: “Provide your firm’s proposed hourly rate schedule for legal advisory services based on the level of the professional staff proposed.” Delete the second sentence.