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Solicitation Number:
DE-SS01-08CF00001

Section:
General

Attachment Letter or #:

Number of Provision/Clause:

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Visibility:
Public

Question post date:
09/25/2008 06:40 AM EDT

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Question:
"(1) Article 22, part (b) requires Project Transactional
Counsel to "provide DOE statements identifying in detail the work performed by task or document, as applicable, during the relevant period...." It is our usual practice to provide clients detailed statements as to how billed time was spent. Is it DOE's intent, beyond that, to require "task billing" such that all work is to be sorted amongst pre-agreed categories? If so, can you indicate what those categories would be or would they be determined in connection with each Matching Order? (2) Article 32 regarding correspondence procedures seems perhaps over-structured. There will doubtless be correspondence with many parties, including mutiple individuals on the DOE team. Is this meant to be limited to correspondence with DOE? Is this meant to apply to all written and electronic communications between counsel and the DOE team or perhaps only correspondence specifically concerning a Matching Order? 3) Article 41, the second sub-paragraph provides:
For the term of the loan guarantee agreement for a given project, at no point shall Project Transactional Counsel undertake any representation that would preclude it from, or be in direct conflict with, representing DOE on such project. The questions here are really two: (1) is it acceptable for the main conflicts restrictions to apply to a team rather than the whole firm; and (2) is it sufficient that a dedicated team (versus the whole firm) be available to support DOE for the life of the financing?"

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Answer:
(1) Article 22, part (b) requires Project Transactional
Counsel to "provide DOE statements identifying in detail the work performed by task or document, as applicable, during the relevant period...." It is our usual practice to provide clients detailed statements as to how billed time was spent. Is it DOE's intent, beyond that, to require "task billing" such that all work is to be sorted amongst pre-agreed categories? If so, can you indicate what those categories would be or would they be determined in connection with each Matching Order?

(1) Response: We would expect you to comply with the instructions in Articles 21 and 22. However, instructions on pricing and proposal submission will be included in each RSCAP and work shall be completed and delivered as stated in each individual Matching Order. Payment for completed services will be made in accordance with the Sponsor Payment Letter.

(2) Article 32 regarding correspondence procedures seems perhaps over-structured. There will doubtless be correspondence with many parties, including mutiple individuals on the DOE team. Is this meant to be limited to correspondence with DOE? Is this meant to apply to all written and electronic communications between counsel and the DOE team or perhaps only correspondence specifically concerning a Matching Order?

(2) Response: This is correspondence related to a Matching Order.

3) Article 41, the second sub-paragraph provides:
For the term of the loan guarantee agreement for a given project, at no point shall Project Transactional Counsel undertake any representation that would preclude it from, or be in direct conflict with, representing DOE on such project. The questions here are really two: (1) is it acceptable for the main conflicts restrictions to apply to a team rather than the whole firm; and (2) is it sufficient that a dedicated team (versus the whole firm) be available to support DOE for the life of the financing?

(3) Response: No. The conflicts restrictions apply to the whole firm. You may propose a dedicated team if you wish.

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Contracting Officer:
Steven Jones
steven.jones@hq.doe.gov

Contract Specialist:
Richard Bonnell
richard.bonnell@hq.doe.gov


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