SOLICITATION NOTICE
R -- Legal Advisory Services for TIFIA
- Notice Date
- 11/16/2004
- Notice Type
- Solicitation Notice
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- Department of Transportation, Federal Highway Administration (FHWA), Office of Acquisition Management, HAAM, Room 4410 400 7th Street, S.W., Washington, DC, 20590
- ZIP Code
- 20590
- Solicitation Number
- DTFH61-05-R-00107
- Response Due
- 1/3/2005
- Archive Date
- 1/18/2005
- Description
- The Federal Highway Administration has a need to contract for legal advisory services for the Transportation Infrastructure Finance and Innovation Act (TIFIA) program. Pursuant to the Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA), Title I, Subtitle E, Chapter 1 of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178 (23 U.S.C. 181-189), the Department of Transportation (DOT) is authorized to provide credit assistance to major surface transportation projects including secured (direct) loans, loan guarantees, and standby lines of credit to borrowers for major surface transportation projects and for up to 33% of eligible project costs. Projects may include highway, transit, passenger rail and intermodal facilities. Generally, under current law, project costs must equal or exceed $100 million. The Federal Highway Administration (FHWA), on behalf of DOT, seeks to award several legal counsel advisory task order contracts to law firms with municipal bond and private lender expertise, including project finance experience, (with renewal options to be exercised at the sole discretion of the DOT) to provide advice and assistance to the TIFIA Joint Program Office (JPO) and Departmental operating agency counsel in reviewing, drafting, negotiating and modifying credit instruments including: term sheets, as well as secured (direct) loan agreements, guaranteed loan agreements, line of credit agreements, and related documents including, lease agreements, pledge documents, bond indentures, hedge agreements and swap termination documents as well as intercreditor agreements to be entered into between the DOT and selected TIFIA borrowers and third parties as appropriate. Counsel may also review, draft, and modify amendments or amended and restated agreements. The contract will be for an initial two-year period with three (3) one-year renewal options. The firms selected will: provide advice and counsel to the DOT in analyzing the legal aspects of the financing for the project; review and modify as appropriate opinion letters of borrowers? counsel; and ensure that credit agreement terms, conditions, covenants, and remedies provide adequate security to the DOT, are appropriate for the particular transaction, and are consistent with the statutory criteria and the regulations implementing the TIFIA program. The firm will also review all loan closing documentation and be responsible for or represent as appropriate the TIFIA JPO at financial close (generally held simultaneously with senior creditors) and may from time to time be required to furnish legal memoranda which would be incorporated into a briefing memoranda making recommendations with regard to the execution of the TIFIA credit agreement by the Department. The firm must be able to attend working conferences and meetings at DOT headquarters in Washington, D.C. on short notice as well as participate in telephone conference calls on short notice. It is anticipated that each law firm will be assigned one to three projects (task orders) annually, depending upon the number of TIFIA applications. For each project/task order, the DOT will select one firm from among the multiple firms it retains to advise it on each transaction. Extensive information on the Transportation Infrastructure Finance and Innovation Act (TIFIA) can be accessed through the website http://www.tifia.fhwa.dot.gov/ The solicitation and all related documents and amendments, if any, will only be released and available electronically through Federal Business Opportunities (FedBizOpps) web site at http://www1.eps.gov/spg/DOT/FHWA/postdate_1.html which will list all the FHWA business opportunities sorted by posted date. The solicitation and related documents will be posted under the RFP number. Interested parties must download the RFP from that site. NO WRITTEN, TELEPHONIC, FACSIMILE, OR E-MAIL REQUESTS will be honored. Since this solicitation will only be available electronically, it is the responsibility of interested parties to monitor the FebBizOpps website for any solicitation amendments. Interested parties can register at the FebBizOpps site to receive e-mail notifications of postings. Please note that FedBizOpps has a feature called ?Interested Vendors List.? Those interested in subcontracting, supplying, consulting, teaming and the like should register, and contractors may find it helpful to review the names posted there. The ESTIMATED release date of the RFP is November 22, 2004. NO OTHER PROCUREMENT INFORMATION IS AVAILABLE AT THIS TIME. ATTENTION: Minority, Women-owned, and Disadvantaged Business Enterprises. The Department of Transportation, Short-Term Lending Program offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts. Maximum line of credit is $750,000 with interest at the prime rate as published daily in the Wall Street Journal, plus 1.75%. For further information, call (800) 532-1169. Internet address: http://osdbuweb.dot.gov. This requirement is listed at: http://www.dot.gov/ost/m60/earl/chap1205.htm#1205.2
- Place of Performance
- Address: Nationwide
- Record
- SN00708754-W 20041118/041116211737 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
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