Sole Source Justification - Aberdeen - Final_Redacted.pdf
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- Solicitation number
- OS2024S3ZK0082
About this file
This document is a Sole Source Justification for a procurement under $250,000 for legal advisory services related to the Aberdeen, Carolina & Western Railway Company (ACWR) RRIF Express Loan Project. The total estimated value is redacted. The required source is Hunton Andrews Kurth LLP, who is currently providing legal services under a prior task order that expires on September 15, 2024. Due to delays in the project, Hunton's work will not be completed by the task order expiration, and having another contractor continue the work would require significant rework and delay the project. Therefore, Hunton is the only contractor that can provide the required follow-on legal advisory services. The procurement is being conducted by the Office of Acquisition and Grants Management, Federal Highway Administration.
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SOLE SOURCE JUSTIFICATION
For purchases made under FAR Part 13, Simplified Acquisition Procedures
(Under $250,000)
Name and Location of the organization making the purchase:
Office of Acquisition and Grants Management Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590
Describe supplies and/or services being procured:
This contract is for legal advisory services for the Aberdeen, Carolina & Western Railway Company (ACWR) RRIF Express Loan Project (the “Project”).
The total estimated value is
Name and Contact Information of Required Source:
Hunton Andrews Kurth LLP River Front Plaza E 951 E Byrd St.
Richmond, VA 23219
Point of Contact: Ben Cooper, (202) 419-2171, bcooper@HuntonAK.com
Rationale supporting the sole source acquisition (Authority under FAR 13.106-1(b))
“(b) Soliciting from a single source:
(1) For purchases not exceeding the simplified acquisition threshold, contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency*, exclusive licensing agreements, brand name or industrial mobilization). “
The Build America Bureau (“Bureau”) administers the RRIF program, which provides (secured) direct loans to borrowers seeking to develop and/or improve railroad projects.
For each credit assistance request, the Bureau procures legal advisory services to provide general due diligence, loan drafting and negotiation, and assistance in closing the credit transaction.
Hunton Andrews Kurth LLP (“Hunton”) is currently providing legal services under Task Order No. 693JJ318D000005/693JJ323F00177N (the “Original Task Order) in connection with the Project. The Original Task Order was awarded on a competitive basis under the Bureau Legal Advisory Services IDIQ. However, the period of performance on the task order cannot go beyond September 15, 2024, due to the expiration of the underlying IDIQ. Due to delays on the Project, Hunton’s work on due diligence and negotiation under the Original Task Order is ongoing and will not be able to completed prior to September 15, 2024. Having another contractor pick up this work on September 15 would require considerable rework and would delay the Project. Accordingly, because of their significant previous work and background on the Project, Hunton is the only contractor that can provide the Bureau with the follow-on legal advisory services for the Project.
Signature of Technical Point of Contact
Signature of Contracting Officer
*Urgency in this situation is related to mission failure; urgency is not lack of planning.
File details come from the government source that posted it. Updated .