Capital Assistance Program

The Department of the Treasury (Treasury) is seeking the Contractor’s expertise and guidance in the development of equity and debt investment and co-investment programs instituted pursuant to the Emergency Economic Stabilization Act of 2008 (EESA), including the Capital Assistance Program (CAP); the preparation of legal documentation for such programs; the negotiation and closing of investments in one or more large financial institutions; and the resolution of related matters in connection with EESA programs. Work requirements will be defined in individual task orders. Because the Contractor will assist Treasury in responding to urgent economic circumstances, task orders are expected to involve extremely short deadlines. Treasury anticipates that the following tasks will be awarded under this contract: Task 1. Develop CAP Documentation. The Contractor shall prepare documentation related to Treasury investments under the CAP, including, but not limited to term sheets, agreements, and financial instruments. Treasury is seeking the Contractor’s expertise and guidance for form, structure, and terms and conditions of such documentation. The draft documentation shall conform with all terms, conditions, and requirements of the EESA, regulations, Treasury policy, and best practices. Treasury expects to publicly post the legal documentation on the Internet. Treasury may seek the Contractor’s expertise and guidance in formulating responses to comments, or to make revisions to the legal documentation in response to comments. Task 2. Develop Capital Purchase Program (CPP) Mutual Holding Company Documentation. The Contractor shall prepare documentation related to equity investments by Treasury in financial institutions with a mutual holding company structure, such as bank holding companies, savings and loan holding companies, banks and savings associations that are mutual in organization. The documentation may include, but not be limited to, term sheets, agreements, and financial instruments. Treasury is seeking the Contractor’s expertise and guidance for form, structure, and terms and conditions of such documentation. The draft documentation shall conform with all terms, conditions, and requirements of the EESA, regulations, Treasury policy, and best practices. Treasury expects to publicly post the legal documentation on the Internet. Treasury may seek the Contractor’s expertise and guidance in formulating responses to comments, or to make revisions to the legal documentation in response to comments. Task 3. Transactional Work. The Contractor may be tasked to provide expertise and guidance in the formulation of equity investment or debt transaction structures and documentation including, but not limited to, government investment with private sector investment, government investment without private sector investment, warrants or senior notes or other lending transactions and other direct investments. The Contractor would provide expertise and guidance in developing the form, structure, terms and conditions of such investments. The Contractor also may be tasked to negotiate the transactions, and conduct the closing of such transactions. Other Tasks. Treasury may also issue other task orders within the general scope of this contract. The specific services to be performed by the Contractor will be defined in individual task orders.