MODIFICATION
R -- Basic Agreement for Legal Services
- Notice Date
- 5/6/2002
- Notice Type
- Modification
- Contracting Office
- Overseas Private Investment Corporation, Contracts and Administrative Services, Contracts and Administrative Services, 1100 New York Ave, NW, Washington, DC, 20527
- ZIP Code
- 20527
- Solicitation Number
- Reference-Number-CBD-02-001
- Response Due
- 6/7/2002
- Archive Date
- 6/22/2002
- Point of Contact
- Gregory Williams, Manager, Contracts and Administration, Phone 202-336-8553, Fax 202-218-0186,
- E-Mail Address
-
GWILL@OPIC.GOV
- Description
- Overseas Private Investment Corporation (OPIC) aids U.S. businesses of all sizes to invest and compete in more than 140 emerging markets and developing nations worldwide. OPIC is a Federal agency of the U.S. Government. OPIC?s Department of Legal Affairs is charged with providing the agency with high-quality legal representation and advice in the most practical, efficient, and cost-effective manner. To assist it in discharging these responsibilities, OPIC?s Department of Legal Affairs engages, from time to time, outside counsel. A description of our mission and programs is found in the OPIC Program Handbook, a copy of which can be obtained from OPIC?s website at http://www.opic.gov. OPIC contemplates the award of Basic Agreements to qualified legal firms on a competitive basis. Award of a Basic Agreement does not guarantee award of a contract, which would be the basis for performance of services. Prospective Contractor Lists (?Lists?) will be created based on those firms awarded Basic Agreements. The Lists will be utilized to solicit bids from law firms to act as outside counsel to OPIC on matters falling within areas of expertise for which OPIC maintains a List. The following Lists will be developed from this competition: 1. Project Finance List: Structuring, negotiation and documentation of international project finance transactions (typically, OPIC loans to projects ranging from $20 million to $250 million), and due diligence in connection with same; 2. Insurance Claims List: Arbitration (typically under AAA international arbitration rules) arising in connection with claims for compensation under OPIC?s political risk insurance policies; and 3. Investment Funds List: Structuring, negotiation, and documentation of secured loans to international private equity investment funds, and review of fund formation documents for compliance with OPIC?s program objectives. Law firms seeking to be placed on the Lists in respect of legal services must satisfy each of the General Criteria listed below. In addition, counsel must satisfy the specific criteria relating to the List on which such counsel seeks inclusion. A. General Criteria for each of the Three Lists:  The firm must be willing to commit specific partners to the matter, in consultation with OPIC.  The firm must have sufficient depth to provide additional experienced partners and associates, in consultation with OPIC, if needs increase beyond initial expectations.  The firm must have sufficient associate depth to commit at least one associate full-time and one associate part-time for each OPIC matter, in each case with not less than 3 years relevant experience and excellent drafting skills.  The firm must have sufficient paralegal depth to commit at least one full-time and one part-time paralegal for each OPIC matter.  The firm must have sufficient depth of capable attorney, paralegal, and support resources (word processing, proofreading, document distribution) to meet quick turn around times.  The firm at a minimum, should have an office in Washington, DC and New York, NY, and members of the project team handling representation of OPIC (the ?OPIC Team?) must be able to travel as required by OPIC.  The firm and the OPIC Team must have acceptable standards for monitoring conflicts of interest. The firm must agree to sign the OPIC Conflicts Memorandum. B. Specific Criteria for each of the Three Lists: a) Project Finance List  The firm must have significant expertise in general commercial practice, including tax, corporate, securities, bank finance, secured lending, and commercial litigation.  The proposed OPIC Team must include lawyers admitted to practice in New York and the District of Columbia. A member of the OPIC Team must be qualified to render a New York legal opinion.  The proposed OPIC Team must include one or more partners with not less than 10 years aggregate experience and not less than 5 years as lead partner on international project finance transactions in emerging market economies. Experience representing lenders in such transactions is preferred, but similar experience would be considered.  The firm must have one or more partners with not less than five years experience in domestic securities placement transactions. b) Insurance Claims List The firm must have significant expertise in arbitration, in particular international arbitration and arbitration under AAA rules, international law, and foreign law relating to direct foreign investment; and insurance law (preferably including political risk insurance). c) Investment Funds List  The proposed OPIC Team must have significant recent experience structuring, negotiating, and documenting the formation of private equity investment funds investing offshore, preferably in emerging markets and preferably representing lead institutional investors who actively negotiate the terms of the relationship between the fund manager and the investors. Representation of the fund manager is relevant experience, but representation of the investor side is preferable. OPIC Team must have demonstrated knowledge of historical private equity partnership terms and conditions and more recent industry standards is preferable.  The proposed OPIC Team must have significant recent experience structuring, negotiating, and documenting, and restructuring limited partnerships or limited liability companies, and demonstrated skill in addressing problems that can arise between the general and limited partners.  The proposed OPIC Team must have significant experience structuring, negotiating, and documenting debt and equity investments in emerging markets.  The proposed OPIC Team must have significant experience structuring loan participation and capital market financing.  The proposed OPIC Team must have broad-based commercial experience, including the areas of secured lending, structured finance, securities, tax, and commercial litigation.  The proposed OPIC Team should have experience-representing international or multilateral financial institutions.  The proposed OPIC Team should have experience involving both New York law and Delaware partnership law.  The proposed OPIC Team must have partner-level experience on both the investment fund/partnership side and secured lending side, with access to other firm partners to address relevant areas such as tax and litigation.
- Place of Performance
- Address: TBD
- Zip Code: TBD
- Country: TBD
- Zip Code: TBD
- Record
- SN00072384-W 20020508/020506213459 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |