Via Electronic Mail Only
[Vendor Name and Email Address]
Subject: FDIC Referral of Legal Matter, [Matter Name; Matter Number]
Dear [Relationship Partner Name]
Your firm is being retained to provide legal services to the Federal Deposit Insurance Corporation (FDIC) in the matter referenced above. This referral to your firm is subject to the provisions of the Legal Services Agreement (LSA) between your firm and the FDIC, the FDIC Outside Counsel Deskbook (Deskbook) as it may be amended, and the documents enclosed herein.
The legal services encompassed by this referral are:
[Describe scope of work here, or say see enclosure and enclose longer scope of work]
Your firm must have an approved budget in place before invoices can be paid. Please refer to the section in the Deskbook regarding the FDIC Legal Research Bank before commencing any legal research.
The FDIC Oversight Attorney for this referral is:
Phone: [Enter OA Phone] Email: [Enter OA Email]
The Oversight Attorney is responsible for managing the progress and resolution of this matter. The Oversight Attorney is available to provide assistance concerning FDIC special powers, to discuss legal or factual issues associated with this matter, and to help resolve any questions that may arise during your representation. The Deskbook further details the role and responsibilities of the Oversight Attorney.
The FDIC requires Outside Counsel to submit invoices electronically on a monthly basis, unless the amount of fees and expenses to be invoiced is less than $500. If the amount is less than $500, Outside Counsel may submit its invoices on a quarterly basis. Invoices for fees and expenses should be submitted within 30 days from the last date in Outside Counsel’s billing period. The FDIC Legal Division recognizes that firms may experience delays receiving invoices and supporting documentation for expenses to be included in the firm’s invoice to the FDIC. Therefore, invoices for such expenses should be submitted within 60 days from the last date in Outside Counsel’s billing period. Outside Counsel should submit its final invoice for fees and expenses within 90 days of conclusion or termination of the referral or matter.
Failure to submit invoices in a timely manner may significantly delay FDIC’s invoice processing and payment. Absent extraordinary circumstances, the FDIC will not process invoices for fees submitted over one year from the date services are rendered. Further information is contained in the Deskbook.
In the event the total fees and expenses for this referral are expected to exceed $100,000, Outside Counsel must comply with the provisions of the Byrd Amendment and complete the enclosed Certification or Disclosure Form, as applicable.
Next Steps: Please confirm acceptance of this referral by returning a counter-signed copy of this letter to the Oversight Attorney. Your acceptance also constitutes your certification that: (1) your firm has conducted an appropriate conflicts check and (2) if the matter exceeds $100,000 or is later amended to exceed $100,000, a Byrd Amendment (Anti-Lobbying) Certification is completed.
Sincerely,
[Signature]
[Name of Delegated Authority]
[Title of Delegated Authority]
Enclosures (provided and applicable if checked)
__ Byrd Amendment (Anti-Lobbying) Certification (applicable to referrals over $100,000)
__ Supplemental Instructions
__ Budget Form (provided electronically if e-billing)
__ Other
Acceptance and Acknowledgement of Legal Referral
Acceptance of this referral constitutes:
(1) A certification that that the firm has conducted a conflicts check and found no conflicts of interest in connection with the representation of the FDIC on this matter, or has reported, in writing, any conflicts identified during this check;
(2) A Byrd Amendment (Anti-Lobbying) Certification, if the budget for this matter is over $100,000, or is subsequently amended to over $100,000. See below certification.
Byrd Amendment (Anti-Lobbying) Certification
See 31 U.S.C. § 1352, as amended, and FDIC Implementation Guidance
Purpose: To confirm no federal funds have been used to influence government officials in connection with the award of this legal referral.
Certification (applicable to matters over $100,000):
(1) No federal funds have been paid or will be paid, by or on behalf of the law firm accepting this legal referral, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of this legal referral.
(2) If any funds other than federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this legal referral, the firm must complete and submit OMB Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with that form’s instructions.
(3) If this legal referral exceeds – or is subsequently amended to exceed – $100,000, this certification is a material representation upon which the FDIC relied on in making the referral (and budget amendment if applicable). The FDIC does not consent to subcontracting absent express written consent. If the FDIC grants authority to subcontract, the firm shall include the requirement for this certification in any subcontract, at any tier, that exceeds $100,000.
Signature:__________________________ Date:_____________________________
Name & Title:_____________________________
Supplemental Instructions Pertaining to FDIC Legal Referral (if applicable):
[This is continuation space for optional use, if needed]