B08.02 Questions and Answers - W912HQ24R0012 - CWIFP Legal Advisory Services.docx
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- Solicitation number
- W912HQ24R0012
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This document is a set of Questions and Answers related to Solicitation Number W912HQ24R0012 for Corps Water Infrastructure Finance Program (CWIFP) Legal Advisory Services. The key details are:
The solicitation is for a commercial service contract to provide legal advisory services to the U.S. Army Corps of Engineers (USACE) CWIFP. The services will support the underwriting, structuring, negotiating, and closing of loans and loan guarantees authorized under the Water Infrastructure Finance and Innovation Act (WIFIA). The contract will have an 18-month base period of performance with several option tasks that may extend the total period of performance up to 36 months. The contract will consist of predominantly Firm Fixed Price line items with some Cost Plus Fixed Fee line items. Award will be made on a best value to the Government basis using a subjective tradeoff source selection process. Proposal submissions are due by 4:30 PM EDT on August 20, 2024. Questions were due by 4:30 PM EDT on August 8, 2024.
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Question 1: Section 8.3 of each PWS provides that “Key Personnel identified in the contract or otherwise notified by the Contractor as providing a significant portion of the legal services on CWIFP matters (Key Personnel) shall not … (3) represent any entity in any matter in which USACE is a party; ….” Can you please clarify what it means for USACE to be a “party” in a particular matter? We believe it means a direct party in a dispute or in a contract negotiation but would not cover USACE acting as the issuer of a Section 404 or other similar permit for a particular project. Is that correct?
Answer 1: In Section 8.3(3) Key Personnel shall not represent any entity in any matter in which USACE is a party which may include a USACE regulatory action.
(End of Question and Answer 1)
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