Instead of this RFP announcement notice, the Market Research announcement was republished. This is the official notice of the pending release of the RFP for legal services.
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, as amended by Public Law 109-59, (23 U.S.C. 601-609), 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 $50 million.
The Federal Highway Administration (FHWA), on behalf of DOT, seeks to award several 5-year Indefinite Delivery/Indefinite Quantity [ID/IQ] contracts to law firms with municipal bond and private lender expertise, including project finance experience, to provide legal advice and assistance to the TIFIA Joint Program Office (JPO) and Departmental operating agency counsel. As projects are identified, a task order RFP will be sent to each firm in the pool who will compete for the project. The scope of each task will be specific to the project, but will typically include 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, swap termination documents as well as intercreditor agreements to be entered into between the DOT and selected TIFIA borrowers and third parties as appropriate. The selected firm may also be required to review, draft, and modify amendments or amended and restated agreements.
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 February 14, 2008. 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
