MODIFICATION
R -- Legal Services
- Notice Date
- 4/21/2010
- Notice Type
- Modification/Amendment
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- Department of Transportation, Federal Railroad Administration (FRA), Office of Acquisition and Grants Services, Mail Stop 50, West Bldg, 3rd Floor, 1200 New Jersey Avenue, SE, Washington, District of Columbia, 20590
- ZIP Code
- 20590
- Solicitation Number
- DTFR53-10-Q-00005
- Archive Date
- 5/13/2010
- Point of Contact
- Tremayne W. Terry, Phone: 202-493-6164
- E-Mail Address
-
tremayne.terry.ctr@dot.gov
(tremayne.terry.ctr@dot.gov)
- Small Business Set-Aside
- N/A
- Description
- Amendment 2 to Notice The purpose of this amendment is to revise the language included in the original notice in its entirety due to the inadvertent omission of critical information discovered subsequent to posting. Accordingly, the notice is changed to read as follows: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 13 for Simplified Acquisition Procedures (Other Than Commercial Items), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number DTFR53-10-Q-00005 is and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-39. The associated North American Industrial Classification System (NAICS) code for this procurement is 541110 with a small business size standard of $7,000,000. This procurement is unrestricted. The Federal Railroad Administration (FRA) anticipates awarding one (1) time and materials type contract with an estimated ceiling amount of $100,000.00 and an anticipated period of performance not to exceed three (3) months. In response to the FRA's requirement, the contractor shall provide legal services on a non-personal services basis to include: General advice and consultation regarding the legal structure of the Rehabilitation and Improvement Financing ("RRIF") Program; Ongoing documentation of the transaction; Review of legal opinions from borrower's counsel and related documents; and drafting loan documents and any other related documents required to secure a RRIF loan. Non-personal Service Contract : The resultant contract will be a "nonpersonal services contract" as defined FAR Section 37.101. It is understood and agreed that the contractor and its employees, consultants, and subcontractors: 1. Shall perform the services specified herein as independent contractors, not as employees of the Government, 2. Shall be responsible for their own management and administration of the work required, and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this contract, 3. Shall be free from any direct or indirect supervision or control by any Government employee; however, 4. Shall, pursuant to the government rights under contract clauses such as "Inspection," and "Key Personnel" comply with such general direction of authorized Government employees as is necessary and appropriate to ensure accomplishment of the contract requirements and objectives. Each employee of the contractor must be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status. Period of Performance All deliverables shall be submitted and all work required in the Statement of Work (Attachment 2) and shall be completed by June 30, 2010 unless otherwise determined by the COTR. Shipping : Package and ship deliverables including the closing binders to: Federal Railroad Administration 1200 New Jersey Ave., SE Washington, DC 20590 Attention: Casey Symington Use of Deliverables : Items delivered under this Contract are the property of the Government. Key Contractor Personnel : (Fill in names of no more than three proposed staff) _________________________________ _________________________________ _________________________________ The above named individuals are designated as key personnel for the resultant contract, and are considered essential for its successful performance and will perform actual work tasks. One of the above named individuals shall be designated as lead counsel. In the event any of the key personnel are unable to perform as proposed for any reason during the performance of the Contract, the contractor shall immediately notify the COTR and Contacting Officer in writing. Such notice will include an explanation of the problem, a proposed replacement by someone of equal or better qualifications and experience, and shall explain the impact on performance. All replacements are subject to the prior approval of the Contracting Officer and the Office of the Chief Counsel. However, the Government reserves the right to approve such replacements retroactively when circumstances prevent advance approval. Contract Administration Data : Payment Invoices must clearly identify the Project. Invoices shall be submitted to one of the addresses stated below. The contractor shall refer to the Prompt Payment clause of the original contract for instructions on submitting invoices. The contractor is cautioned that to be considered proper and preserve your rights to timely payment or interest penalties, a proper invoice includes the following information: Name of the business concern, invoice date and number (sequential numbering of invoices is preferable). Contract number Amount of current invoice. (Show clearly and prominently on page 1) Signed by an authorized official certifying that the invoiced amounts are proper. 5. Taxpayer Identification Number The contractor shall submit all of its invoices to one of the following addresses: Normally, all invoices and required supporting documents should be sent via e-mail to the following address: 9-AMC-AMZ-FHWA-Invoices@faa.gov. (a) Include the invoice as an attached PDF document (b) Include in the e-mail subject line the following: (i) Invoice Number (ii) Contract Number (iii) Name of your Company/Organization. (iv) Attention: John Doe Example: Invoice No. 1 - DTFH61-05-D-00123/T-08-004 - ABC Company, Inc. - Attention: John Doe If the invoice and supporting documents exceed 8 MB as an e-mail attachment, you must select one of the other submission options presented below: Invoices submitted via an overnight service must use the following physical address: Federal Railroad Administration 1200 New Jersey Ave., SE Room W34-304 Washington, DC 20590 Attention: TBD time of award All invoices, regardless of submission method, must identify the Contracting Officer (To be determined) in the attention line. Travel & Per Diem : Since it is necessary for you to go to the GSA per diem web page ( http://gsa.gov/perdiem ) to ascertain the correct hotel and M&I expense rates, it would be very helpful to our review and approval process to include a copy of the web page with the applicable line highlighted. Payments may be delayed when we cannot determine from the invoice which rate applies, thus cannot approve it without going back to the contractor for more information. INVOICES FAILING TO FOLLOW THESE INSTRUCTIONS ARE NOT PROPER FOR PAYMENT, AND WILL BE RETURNED FOR CORRECTION. Contracting Officer's Technical Representative (COTR) : The Contracting Officer has designated Casey Symington, the RRIF lead attorney for the Federal Railroad Administration, as his Technical Representative (COTR) to assist in monitoring the work under the resultant contract for Legal Advisory Services. The COTR is responsible for the technical administration of the contract and technical liaison with the contractor. The COTR is NOT authorized to change the statement of work, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions of the contract. The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds, award, modify or terminate the Contract. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. If the contractor receives direction from anyone other than the Contracting Officer and believes this will affect the terms, conditions, schedule or pricing, they shall not proceed with such direction. The contractor shall discuss their reservations with the COTR, and if the issues cannot be resolved, then they shall notify the Contracting Officer, who will resolve the matter. Technical Direction : Performance of the work under this Contract is subject to the Technical Direction of the COTR. The term "Technical Direction" is defined to include, without limitation, the following: a. Directions to the contractor which redirects the effort, shifts work emphasis between work areas, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the statement of work; b. Provision of information to the contractor that assists in the interpretation of documents, reports, policies, laws, regulations and technical portions of the work description; and, c. Review and approval/rejection of drafts documents, modifications, recommendations and final documents to be delivered by the contractor. All Technical Direction must be within the general scope of work stated in the Contract. The COTR does not have the authority to, and may not issue any Technical Direction that: (i) constitutes an assignment of additional work outside the general scope of the contract; (ii) constitutes a change as defined in the contract clause entitled "Changes"; (iii) in any manner causes an increase or decrease in the prices set forth in Section B; or (iv) changes any of the expressed terms, conditions or specifications of the Contract. The contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the contractor, the direction issued by the COTR is within one of the proscribed categories in (i) through (iv) above, the contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Evaluation Factors : Quotations will be carefully evaluated on the following technical criteria based on the demonstrated capabilities of the prospective contractor in relation to the needs of the Contract set forth above. Each quotation must document the feasibility of its plan to successfully achieve the objectives of the Contract. Offerors must submit information sufficient to permit a comprehensive evaluation of their quotations based on the detailed criteria listed below: Factor 1: Technical Capability a. Ability to clearly describe the contract objectives, needs, and the manner in which they will be addressed. Response should not repeat the contract language, but rather should demonstrate a grasp of what is expected. b. Demonstrate a solid knowledge of the subject area; familiarity with regulatory or programmatic issues that affect the work to be performed under the contract; and broad experience with transportation project finance and specific experience with the use of tax increment financing, master indentures, and multiple creditors. c. Provision of a sound, feasible, and achievable technical approach, which includes a reasonable period of performance and schedule of work. Factor 2. Key Personnel a. The professional experience, subject matter expertise, technical competence, and the adequacy of staffing necessary to perform the contract objectives. Qualifications of the personnel, including specific experience in project financings similar in structure, magnitude and complexity to the Denver Union Station Project as well as joint development or transit oriented development financing experience. b. Experience of key personnel with public-private partnerships and the financing of transportation infrastructure projects, particularly experience in surface transportation and transit financings through bond instruments and tax increment financings. c. Contingency plans in place to replace key personnel over the life of the Contract without any adverse impact on performance. Requires more than a statement that contractor will coordinate replacements with the COTR, but rather from where replacements will be recruited. Factor 3. Relevant Past Performance : The FRA will evaluate the relevant past performance on projects of comparable scope and complexity to those described in Attachment 1, SOW. The following areas will be reviewed: timeliness in delivery of legal services; creativity and responsiveness to problems encountered during the task; quality of legal services; relative size, similarity and scope of the project, client satisfaction. The FRA reserves the right to utilize past performance information other than the information submitted with the quotations received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. Factor 4: Price: In addition to the criteria listed above, price will be considered in the award decision. The quotations will be analyzed to assess their reasonableness. This means that the prices in an offeror's quotation are realistic for the work to be performed, reflect a clear understanding of the requirements. The Government will accept the offer that is considered the best value to the Government. A best value analysis will be performed taking into consideration the results of the technical evaluation, cost and past performance analysis, and the perceived ability to perform timely, high quality, consistently reliable support services as provided herein. In the determination of Best Value, the relative weight given to all evaluation factors other than price, when combined, is more important than price. However, offerors should note that as technical scores approach being essentially equivalent, price would become more important in the selection decision. Factor 5: Turn-Around Time: Ability to complete the majority of tasks in the scope of work in a short amount of time, ideally two weeks. Basis for Award : In addition to the criteria listed above, price will be considered in the award decision. The proposals will be analyzed to assess their reasonableness. This means that the prices in an offeror's proposal are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the various elements of the offeror's technical proposal. The Government will accept the offer that is considered the best value to the Government. A best value analysis will be performed taking into consideration the results of the technical evaluation, cost and past performance analysis, and the perceived ability to perform timely, high quality, consistently reliable support services as provided herein. In the determination of Best Value, the relative weight given to all evaluation factors other than price, when combined, is more important than price. However, offerors should note that as technical scores approach being essentially equivalent, cost would become more important in the selection decision. Conflicts of Interests: The DOT is committed to providing high quality service to project sponsors seeking federal credit assistance that is free from bias, conflicts of interest, or unprofessional conduct. The contractor's strategic goals, corporate policies, management practices, and culture must be designed to maintain the firm's public responsibility of independence without regard to remuneration from other sources. It is incumbent upon the contractor to promptly disclose in writing to the Contracting Officer and COTR any actual or apparent conflict of interest, or an interest or interests that may give rise to the appearance of a conflict that could affect the public's confidence in the DOT's execution of federal laws and regulations governing its programs. DOT's policy is to award contracts to only those offerors whose objectivity is not impaired due to any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by Departmental activities. No member partner or key personnel of the contractor, or an immediate family member thereof shall have a financial interest in the project or a real property interest in either real property specifically acquired for or to be acquired for a project, or property that is adjacent thereto, for which the DOT is providing credit assistance. The DOT seeks outside counsel that will provide the highest caliber of legal services commensurate with the complexity that these structured project financings present. The DOT recognizes that advisory firms often represent a party and provide services to a party in one transaction and upon completion of a transaction may represent another party. Conflicts are viewed within the legal and financial profession on a transactional basis and subject to rules of professional responsibility or codes of conduct. Therefore, the DOT is implementing its conflict requirements on a transactional basis provided the firm maintains strict confidentiality and a firewall to guard against communications within the firm on matters that the firm is working on for the DOT. The contractor shall be bound by, and strictly comply with, applicable Rules of Professional Responsibility or Code of Conduct requirements regarding ethical and conflict of interest issues that impact the delivery of advisory services provided to the Department, and the firm shall promptly disclose to the Contracting Officer and COTR, any relationship with any entity that might give rise to an actual or apparent conflict of interest. Any other matter that could represent a potential conflict of interest must be promptly brought to the attention of the Contracting Officer who, after consulting with the COTR and the Office of Chief Counsel, will make a final decision relative to the transaction or which the DOT is seeking advisory services. Key personnel identified in the contract shall not represent any applicant or borrower seeking assistance from a specific DOT Credit Program described herein. Key personnel may provide program information that is publicly available to non-key members such as the RRIF statute, its implementing regulations and other information that has been disclosed to the public. Other firm members not identified as key personnel may provide such services and representation provided that: 1. Such representation is promptly disclosed in writing to the Contracting Officer and COTR; and 2. Key personnel identified by the contractor to serve as outside counsel for the RRIF program enter into a confidentiality agreement with the Contracting Officer that precludes any communication within the firm between key personnel to this contract and other firm members, associates, and assistants that are representing a party in a proposed financing. However, at no time may a firm represent both RRIF and an applicant or borrower on the same transaction. For this contract, the contractor is required to certify compliance with the DOT's conflict of interest policy as follows: 1. Based on the credit applicants to be provided by the Contracting Officer, the firm will determine whether any of the listed entities or any related entities are also clients of the contractor. 2. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.5, and consistent with State Code of Professional Responsibility or the Model Rules of Professional Conduct (depending on which is applicable to the contractor), the contractor shall conduct a conflict of interest analysis. 3. The contractor shall then certify that no actual or potential conflict exists with respect to the services to be provided in connection with the contract or that any actual or potential conflict of interest that does or may exist has been communicated in writing to the Contracting Officer. 4. Notwithstanding such certification and communication, the Contracting Officer reserves the right under 9.504 of the FAR to independently evaluate any potential conflict(s) of interest and take action to avoid, neutralize, or mitigate the conflict(s) prior to award of a contract. If the contractor were aware of a potential or actual conflict of interest, prior to award of a contract or discovered an actual or potential conflict after award, and failed to disclose or misrepresented relevant information to the Contracting Officer, whether intentionally or not, the Government may terminate the contract for cause. If at any time following execution of the contract or contract for legal advisory services, the contractor determines that it represents a Program applicant, a Related Party, in any capacity whether related to any of the Programs or not, the contractor shall: a) disclose the representation and (b) allow the Contracting Officer to make a determination under this section that there are adequate safeguards to protect the DOT's interest. The contractor agrees that if, after award of the contract or a contract, the contractor discovers any other organizational or personal conflict of interest, it shall make an immediate and full disclosure in writing to the Contracting Officer, including a description of the action the contractor has taken to remedy the conflict. The contractor shall take any action requested by the Contracting Officer to avoid, neutralize, or mitigate the conflict. Quotation Preparation and Submission All questions shall be submitted by email to T remayne.Terry.ctr@dot.gov. Offerors are encouraged to use email for all questions and correspondence related to this solicitation. Offerors are hereby notified that quotations not received by the date, time, and location specified in this announcement will not be considered. You are requested to provide your proposed: technical approach to the task, staffing, summary of past performance, and labor rates for completing the Statement of Work, within a 15-page limit (exclusive of resumes, cover sheet, transmittal letter and pricing data). Your quotation shall include a labor-loading chart that delineates the hours and labor rates of the staff proposed for each task. For quotation preparation and evaluation purposes, all offerors are to assume there will be a minimum two trips of 2 days each to Washington, DC for negotiating meetings with RRIF, TIFIA and DUSPA. While associated travel costs are not part of your cost proposal, should you believe having to review documents remotely will increase the direct labor costs; they are to be included in your fixed price. You must clearly identify such costs as they will form the baseline for any upward or downward adjustment in the price based on the actual number of trips and duration experienced. Submit resumes for all proposed key personnel. Resumes should identify academic credentials and professional experience only as they relate to the requirements identified in the technical requirements described for this Contract. When discussing experience, it is important to identify the person's role as opposed to their simply being part of a team that accomplished a certain task. Each resume is limited to three pages. Offerors are encouraged to submit your quote via email, to the following address: Tremayne.Terry@dot.gov. If not emailed, quotations may be mailed to: U.S. DOT/FRA Attn: Tremayne Terry 1200 New Jersey Avenue SE Stop W36-498 Washington, DC 20590 All quotations should be submitted by no later than 4:30 PM (EST), Wednesday, April 28, 2010. Award Notification: A written notice of award or acceptance of a quotation, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of a quotation), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Central Contractor Registration (CCR). Offerors must be registered in the CCR database to be considered for award. Registration is free and can be completed on-line at: http://www.ccr.gov/ Online Representations and Certifications (ORCA). Offerors shall complete the On Line Representations and Certifications (ORCA) that can be accessed electronically at the following web address: http:// www.bpn.gov The clause 52.213-4, Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items) (DEC 2009), applies to this acquisition. If you choose not to propose, please so advise us at the same address. Please be aware that the DOT has mandated the use of MS Word throughout the Department. Therefore, it may be a problem if you use other formats for your submission. Also, we have a maximum capacity of 5 MG on our e-mail server. If you have large files, please break them down. Please do not "zip" them. ATTACHMENTS: Attachment I-Statement of Work Attachment II- Standard Form (SF) 1449 Original Notice This combined synopsis/solicitation for commercial services is prepared in accordance with the format in FAR Subpart 13 for Simplified Acquisition Procedures (Other Than Commercial Items), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number DTFR53-10-Q-00005 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-39. The associated North American Industrial Classification System (NAICS) code for this procurement is 541110 "Offices of Lawyers" with a small business size standard of $7,000,000. This procurement is unrestricted; however, quotations received from legal staffing firms will not be considered. The Federal Railroad Administration (FRA) anticipates awarding one (1) time and material type contract with an estimated ceiling amount of $100,000.00 and an anticipated period of performance not to exceed three (3) months. In response to the FRA's requirement, the contractor shall provide legal services on a non-personal services basis to include: General advice and consultation regarding the legal structure of the Rehabilitation and Improvement Financing ("RRIF") Program; Ongoing documentation of the transaction; Review of legal opinions from borrower's counsel and related documents; and drafting loan documents and any other related documents required to secure a RRIF loan. Evaluation Factors : Quotations will be carefully evaluated on the following technical criteria based on the demonstrated capabilities of the prospective contractor in relation to the needs of the Contract set forth above. Each quotation must document the feasibility of its plan to successfully achieve the objectives of the Contract. Offerors must submit information sufficient to permit a comprehensive evaluation of their quotations based on the detailed criteria listed below: Factor 1: Technical Capability a. Ability to clearly describe the contract objectives, needs, and the manner in which they will be addressed. Response should not repeat the contract language, but rather should demonstrate a grasp of what is expected. b. Demonstrate a solid knowledge of the subject area; familiarity with regulatory or programmatic issues that affect the work to be performed under the contract; and broad experience with transportation project finance and specific experience with the use of tax increment financing, master indentures, and multiple creditors. c. Provision of a sound, feasible, and achievable technical approach, which includes a reasonable period of performance and schedule of work. Factor 2. Key Personnel a. The professional experience, subject matter expertise, technical competence, and the adequacy of staffing necessary to perform the contract objectives. Qualifications of the personnel, including specific experience in project financings similar in structure, magnitude and complexity to the Denver Union Station Project as well as joint development or transit oriented development financing experience. b. Experience of key personnel with public-private partnerships and the financing of transportation infrastructure projects, particularly experience in surface transportation and transit financings through bond instruments and tax increment financings. c. Contingency plans in place to replace key personnel over the life of the Contract without any adverse impact on performance. Requires more than a statement that contractor will coordinate replacements with the COTR, but rather from where replacements will be recruited. Factor 3. Relevant Past Performance : The FRA will evaluate the relevant past performance on projects of comparable scope and complexity to those described in Attachment 1, SOW. The following areas will be reviewed: timeliness in delivery of legal services; creativity and responsiveness to problems encountered during the task; quality of legal services; relative size, similarity and scope of the project, client satisfaction. The FRA reserves the right to utilize past performance information other than the information submitted with the quotations received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. Factor 4: Price: In addition to the criteria listed above, price will be considered in the award decision. The quotations will be analyzed to assess their reasonableness. This means that the prices in an offeror's quotation are realistic for the work to be performed, reflect a clear understanding of the requirements. The Government will accept the offer that is considered the best value to the Government. A best value analysis will be performed taking into consideration the results of the technical evaluation, cost and past performance analysis, and the perceived ability to perform timely, high quality, consistently reliable support services as provided herein. In the determination of Best Value, the relative weight given to all evaluation factors other than price, when combined, is more important than price. However, offerors should note that as technical scores approach being essentially equivalent, price would become more important in the selection decision. Contract Administration Data Payment Invoices must clearly identify the Project. Invoices shall be submitted to one of the addresses stated below. The contractor shall refer to the Prompt Payment clause of the original contract for instructions on submitting invoices. The contractor is cautioned that to be considered proper and preserve your rights to timely payment or interest penalties, a proper invoice includes the following information: Name of the business concern, invoice date and number (sequential numbering of invoices is preferable). Contract number Amount of current invoice. (Show clearly and prominently on page 1) Signed by an authorized official certifying that the invoiced amounts are proper. •5. Taxpayer Identification Number The contractor shall submit all of its invoices to one of the following addresses: Normally, all invoices and required supporting documents should be sent via e-mail to the following address: 9-AMC-AMZ-FHWA-Invoices@faa.gov. (a) Include the invoice as an attached PDF document (b) Include in the e-mail subject line the following: (i) Invoice Number (ii) Contract Number (iii) Name of your Company/Organization. (iv) Attention: John Doe Example: Invoice No. 1 - DTFH61-05-D-00123/T-08-004 - ABC Company, Inc. - Attention: John Doe If the invoice and supporting documents exceed 8 MB as an e-mail attachment, you must select one of the other submission options presented below: Invoices submitted via an overnight service must use the following physical address: Federal Railroad Administration 1200 New Jersey Ave., SE Room W34-304 Washington, DC 20590 Attention: TBD at time of award All invoices, regardless of submission method, must identify the Contracting Officer (To be determined) in the attention line. Travel & Per Diem Since it is necessary for you to go to the GSA per diem web page ( http://gsa.gov/perdiem ) to ascertain the correct hotel and M&I expense rates, it would be very helpful to our review and approval process to include a copy of the web page with the applicable line highlighted. Payments may be delayed when we cannot determine from the invoice which rate applies, thus cannot approve it without going back to the contractor for more information. INVOICES FAILING TO FOLLOW THESE INSTRUCTIONS ARE NOT PROPER FOR PAYMENT, AND WILL BE RETURNED FOR CORRECTION. Award Notification & Submission of Quotations A written notice of award or acceptance of a quotation, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of a quotation), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Central Contractor Registration (CCR). Offerors must be registered in the CCR database to be considered for award. Registration is free and can be completed on-line at: http://www.ccr.gov/ Online Representations and Certifications (ORCA). Offerors shall complete the On Line Representations and Certifications (ORCA) that can be accessed electronically at the following web address: http:// www.bpn.gov Federal Acquisition Regulation (FAR clause 52.213-4, Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items) (DEC 2009), applies to this acquisition. Offerors are encouraged to submit your quote via email, to the following address: legal_services_rfq@one.dot.gov. If not emailed, quotations may be mailed to: U.S. DOT/FRA Attn: Tremayne Terry 1200 New Jersey Avenue SE Stop W36-498 Washington, DC 20590 All questions shall be submitted by email to Tremayne.Terry.ctr@dot.gov no later than 4:30 PM EST (on the due date of April 28, 2010. Offerors are encouraged to use email for all questions and correspondence related to this solicitation. Offerors are hereby notified that quotations not received by the date, time, and location specified in this announcement will not be considered. NOTE: This amendment does not result in any changes to the Attachments that are currently posted. Amendment 1 to Notice The purpose of this amendment is to update the financial closing date for the RRIF credit agreement referenced in Attachment 3 of the Statement of Work (SOW) from April 2010 to May 2010. Accordingly, a corrected version of the SOW is attached. All other terms of the RFQ remain unchanged.
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