Legal RFP Questions and Answers February 14, 2014

Legal RFP Questions and Answers February 14, 2014 Q1. We are a certified MBE law firm and we do not sub-contract out our services. Are we required to submit an M/WBE UTILIZATION PLAN and, if so, how could we possibly determine what to subcontract out, what the work description or dollar value of the subcontract and performance dates would be? A1. Vendors that are certified as an MBE would satisfy the subcontracting goals of an MBE, however in order to meet the WBE goal of 10% they would need to subcontract to a certified WBE. MWBE form 103 is provided on the RFP web page for proposers to document how they can meet the MWBE goals. MWBE form 104 is the Request for Waiver form whereby proposers can request a full or partial waiver of the M/WBE goals. At this time the performance dates and dollar value of the contract are to be determined. However, the percentages of the M/WBE subcontracting goals for the legal services RFP are 10% MBE and 10% WBE. Q2. By submitting a bid, the proposer certifies that there was no collusion. Is the Non-Collusive Bidding Form still necessary? If so: 1. there is no place on the form for a non-corporate entity s principal to sign; and, 2. should it be notarized? A2. Yes please submit the Non-Collusive Bidding Form. Please sign on the second page where the signature block is provided under Identifying Data. The form does not need to be notarized. Q3. Please confirm that professional liability under General Litigation is referring to legal malpractice? A3. Professional liability under General Litigation Scope of Services is not limited to but includes legal malpractice. 1

Q4. Under each of the six categories, are we able to respond only to single services within each sub-category or are we required to respond to all services in that sub-category? In other words, in the example below, would we be able to propose legal services for only leases and licenses? Example: Real Estate: Counseling on and handling of real property transactions, including but not limited to litigation associated with: (a) Acquisitions and dispositions involving, e.g., easements, rights-of-way, leases, licenses, and fee transfers with respect to land, buildings, and electric facilities; A4. Proposers may submit proposals for one or more of the listed Scope of Services. Proposers may submit proposals for portions of a Scope of Service. As provided under RFP section VII, Proposal Requirements, A. 1. Firms are to, State the legal services which your firm is proposing to provide to LIPA in response to this RFP. State whether your firm can provide all of the services in each of the Scope of Service(s) being proposed and if not, clearly outline which portions you can provide services in. Q5. Please confirm that the lead engagement partner may meet the threshold criteria of having ten years of experience providing the type of legal services(s) being proposed in response to this RFP throughout the course of their career, which may include experience while at a previous firm. A5. The Threshold Criteria of at least ten (10) years of experience providing the type of legal service(s) being proposed must be met by either the firm, or the lead engagement partner assigned to the Authority s account during that ten (10) year period even if at a different firm. Please see RFP section VI. Q6. Please confirm that you are seeking one lead partner to act as the relationship partner to LIPA rather than a partner in charge for each proposed practice area. A6. Confirmed, LIPA is one partner in charge of the relationship with LIPA. Q7. Please clarify whether you are seeking only a lead partner and three corresponding client references for the whole LIPA account OR for each practice area outlined in the Scope of Services section OR for each sub-practice area outlined in the Scope of Services. A7. Proposers should provide information on one or more lead partners. Proposers should determine if one or more lead partners best reflects their firm s capabilities. 2

Q8. If our firm does not qualify as an MWBE firm according to the New York State guidelines, do we still need to fill out the MWBE forms that are attached to the Legal Services RFP? A8. Yes. LIPA s RFP for Legal Services has subcontracting goals of 10% Minority Business Enterprise and 10% Women Business Enterprise. In response to RFP section VII, Proposal Requirements, A. 5., proposers are requested to provide their Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) proposal data, including a utilization plan detailing how the 10% MBE and 10% WBE participation goals will be met. MWBE form 103 is provided on the RFP web page for proposers to document how they can meet the MWBE goals. MWBE form 104 is the Request for Waiver form whereby proposers can request a full or partial waiver of the M/WBE goals and documenting their best faith efforts to meet the subcontracting goals. Q9. Would a cover page on the RFP count against the 12 page limit? A9. A proposal cover page does not count towards the 12 page limit. Q10. We are a certified WBE, can we fulfill the MBE 10% goal by contracting with MBE vendors for non-legal services such as court reporting, private investigation or translations services? A10. Vendors may sub-contract non-legal services to fulfill the WBE and the MBE subcontracting goals. Q11. I was just wondering, if investigations firms can bid on Process Serving, Surveillance and Investigation portion of the contract. A11. No. This RFP is seeking qualified law firms to submit proposals for the requested services as detailed in the RFP. 3

Q12. Question 8 of the Q&A asked if proposers should fill out the MWBE forms attached to the Legal Services RFP even if the firm does not qualify as an MWBE firm according to New York state guidelines, and LIPA s response was Yes. Our firm does not qualify as an MWBE firm. Can you please confirm that we are still requested to complete all 5 MWBE forms listed below, or only the one entitled Waiver Request form MWBE 104? We note that the LIPA Diversity Questionnaire also requests statistics by organization and proposed staffing plan, which seems to capture the same information as Form MWBE 103. MWBE 101 Staffing Plan MWBE 102 Work Force Employment Utilization MWBE 103 Utilization Plan MWBE 104 Waiver Request Form MWBE 105 Quarterly Contractor Compliance Report A12. LIPA s M/WBE subcontracting goals for this RFP is 10% WBE and 10% MBE. Proposers are tasked in their submission to this RFP on how they intend to meet the MWBE subcontracting goals. LIPA s Diversity Questionnaire combines forms MWBE 101 and MWBE form 102. Proposers should fill out the Diversity Questionnaire and submit with their proposal. Proposers that fill out the Diversity Questionnaire are not required to also submit MWBE forms 101 and 102. MWBE form 103 is for proposers to submit their MWBE subcontracting plan. MWBE form 104 is only required if a proposer is seeking a full or partial waiver of the MWBE goals. In submitting this form, proposers should document their good faith efforts in attempting to meet the MWBE subcontracting goals. MWBE form 105 is for the awarded contractors to provide to LIPA on a quarterly basis to detail their MWBE subcontracting spend. This is not required with the proposal submission. Q13. Is there a specific file format that you would prefer for the electronic version of our response? A13. The RFP specifies the electronic format to be in Microsoft Word or PDF. Q14. Part IX(B)(3) states that joint proposals will not be accepted but Appendix B (II)(C) states we are to demonstrate good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers. Please confirm subcontracting with MWBE firms is acceptable. A14. Yes subcontracting with MWBE firms is acceptable and encouraged. Q15. Is it sufficient to involve MBE and WBE firms in certain areas of work? A15. Yes. The MWBE goals would apply to the overall contract spend. 4

Q16. The Waiver Request Form did not include the instructions, please provide them. A16. An updated Waiver Request Form has been posted that includes the instruction page. Q17. Is it necessary for resumes to be in 12 pt font? A17. No. Q18. With regard to the 6 hard copies of the proposal that must be submitted, do you need 6 originals, or one original and 5 copies? If you need 6 originals, must all of the attached forms also be originals, or will copies of the forms suffice? A18. One original and five copies are acceptable. Q19. What is the anticipated scope of matters you expect to be handled by outside counsel before FERC? A19. LIPA anticipates the that outside counsel will assist LIPA with any matters before FERC that are traditionally related to a wholesale power market participant s activities that are not otherwise being handled by PSEG LI (on behalf of LIPA) under the Amended and Restated OSA. Q20. What is the scope of non-ferc regulatory work anticipated for Washington Regulatory Representation? Does it include EPA and environmental work? Government contracts or Government Relations (lobbying)? Other agencies? A20. LIPA s need for assistance related to non-ferc regulatory work may vary depending on current industry issues; however, traditionally it has not included EPA or environmental work, contracts or lobbying work, or work for other agencies in Washington. Q21. Can a major law firm and a New York State MBE jointly bid on LIPA's RFP for Legal Services? If so, should they apply together with one bid or should they apply separately and refer to each other in their respective bids? Moreover, if they apply together does the original page limitation for the RFP change? A21. RFP section IX, Proposal Instruction and Conditions, B. Proposal Submission, 3., states. Joint proposals will not be accepted. A proposal should clearly indicate prime and sub-contractors. Q22. Can an MBE apply by itself on a stand-alone basis? A22. Yes. LIPA will consider any proposal that meets the Threshold Criteria. Please see RFP section VI Threshold Criteria. 5

Q23. Can a qualified MBE and a major law firm who each apply on a stand-alone basis later be asked to work together by LIPA? A23. No. Proposers are to submit to LIPA their MWBE subcontracting plan. Please see RFP section VII. Proposal Requirements, A., 5., which request that proposers provide their utilization plan. Also see Appendix B- Participation by Minority Group Members and Women with Respect to State Contracts: Requirements and Procedures and MWBE form 103 MWBE Utilization Plan. Q24. Can a New York State MBE applying for re-certification still apply for this RFP? A24. Yes. Q25. Who are the current law firms on LIPA's approved list for legal services? A25. This question seeks information that is not necessary to submit a responsive proposal. Q26. Can two MBE law firms jointly bid together? A26. Joint proposals will not be accepted. Please see the answer to questions 21 and 22. Q27. What is LIPA's 2014-2015 budget for legal services? A27. LIPA s legal budget is approximately $3,000,000. Q28. Must each law firm in a joint venture have a New York State office? A28. Joint proposals are not accepted. Please see the answer to Q21. LIPA has not established the requirement of a New York State Office. Q29. Must all lawyers working on LIPA matters be barred in New York State? A29. No. Although not a technical requirement of the RFP, proposers must demonstrate their ability to provide the services from all perspectives in New York State. Q30. What is considered a legitimate basis by LIPA for the waiver of the MBE and WBE requirement? A30. Form 104 is to be used for waiver request. This form includes instructions for the waiver request. LIPA s decision to grant the waiver or not will be based on the review of the proposer s documented good faith efforts to comply with MWBE goals. Please also see Appendix B- Participation by Minority Group Members and Women with Respect to State Contracts: Requirements and Procedures, V. Waivers. 6