COUNTY OF LYCOMING PURCHASING DEPARTMENT Mya Toon, Lycoming County Chief Procurement Officer, CPPB Lycoming County Executive Plaza 330 Pine Street, Suite 404, Williamsport, PA 17701 Tel: (570) 327-6746 Fax: (570) 320-2111 Email: mtoon@lyco.org REQUEST FOR PROPOSAL (RFP) FOR LOCAL COUNSEL LEGAL REPRESENTATION FOR LYCOMING COUNTY IN POTENTIAL OPIOID- RELATED LITIGATION ISSUE DATE: AUGUST 3, 2018 DUE DATE: AUGUST 24, 2018 Bidders may download proposals by going to www.lyco.org and clicking on Top 10 Links, Request for Bids/Proposals. All Bidders are required to contact the Lycoming County Chief Procurement Officer and place his/her company name on the Bidders List. This will ensure that each Bidder receives any and all addenda that may apply to the current proposal package. Failure to receive all current information could result in your company submitting an inaccurate proposal, which may be disqualified by the County.
TABLE OF CONTENTS 1.0 NOTICE TO BIDDERS... 1 2.0 GENERAL INFORMATION AND INSTRUCTIONS... 2 2.01 Definitions... 2 2.02 Preparation of Proposals... 2 2.03 Communications... 2 2.04 Addenda/Amendments to Proposal... 2 2.05 Non-Colussion Affidavit... 3 2.06 Proposal Submission... 3 2.07 Deadline and Opening of Proposal... 3 2.08 Important Proposal Dates... 3 2.09 Right-to-Know... 3 3.0 SCOPE OF WORK... 4 3.01 Project Scope and Objectives... 4 3.02 Procedures... 4 4.0 MINIMUM REQUIRED QUALAIFICATIONS... 4 4.01 Experience and Reputation... 4 4.02 Professional Liability Insurance... 4 5.0 TECHNICAL PROPOSAL FORMAT... 5 5.01 General... 5 5.02 Required Information... 5 6.0 PRICE PROPOSAL FORMAT... 6 6.01 Contingent Fee Arrangement... 6 7.0 EVALUATION OF PROPOSALS... 7 7.01 Selection Process... 7 7.02 Selection Criteria... 7 7.03 Contract Award... 7 ATTACHMENT A... 8 Instructions for Non-Collusion Affidavit... 8 Non-Collusion Affidavit... 9
1.0 NOTICE TO BIDDERS Legal Ad: August 3 rd & August 7 th The County of Lycoming is requesting sealed proposals for Local Counsel Legal Representation for Lycoming County in Potential Opioid-Related Litigation. Proposals are due by Friday, August 24, 2018, at 5:00 P.M. EST. Proposals will be opened on Tuesday, August 28, 2018, at 10:00 A.M. EST in the Commissioners Meeting Room, Lycoming County Executive Plaza Building. Proposals shall be mailed or delivered to the Lycoming County Controller s Office, Lycoming County Executive Plaza Building, 330 Pine Street, 2 nd Floor, Williamsport, PA 17701. Proposals must be enclosed in a sealed envelope and marked Local Counsel Legal Representation for Lycoming County in Potential Opioid-Related Litigation. All bids shall remain firm price for 60 days after the date of bid opening. Questions regarding this request for proposal shall be directed to Mya Toon, Chief Procurement Officer, at mtoon@lyco.org. Bidders may download the proposal by going to www.lyco.org and clicking on Top 10 Links and Request for Bids/Proposals. The Lycoming County Board of Commissioners reserve the right to accept or reject any or all proposals, or to accept any part of a proposal without accepting the whole thereof, or to accept such proposal as they deem to be in the best interest of the County. COUNTY OF LYCOMING Attest: Matthew M. McDermott Chief Clerk R. Jack McKernan Tony R. Mussare Richard Mirabito - 1 -
2.0 GENERAL INFORMATION AND REQUIREMENTS 2.01 Definitions Request for Proposal (RFP) County Bidder / Respondent Addendum Bid / Proposal Contract Contractor / Vendor / Successful Bidder Subcontractor Services All documents, whether attached or incorporated by reference, used to solicit competitive sealed bids / proposals. County shall be synonymous with the Lycoming County Board of Commissioners or Lycoming County. A firm, individual, or corporation submitting a proposal in response to this RFP. A written change, addition, alteration, correction or revision to a proposal or contract document. The formal response to the RFP. The agreement that results from this competitive procurement, if any, between the County and the vendor identified. The Bidder(s) that will be awarded a contract pursuant to this solicitation and are responsible performing the service or supplying the good as defined in the contract. Any person other than an employee of Respondent who performs any services listed in this RFP. The work identified in this RFP as to be performed by Vendor under the ensuing contract. 2.02 Preparation of Proposal The County shall not be responsible for any costs associated with the preparation or submittal of any proposal. All costs are entirely the responsibility of the Respondent. 2.03 Communications All questions regarding this RFP shall be submitted in writing to Mya Toon, Lycoming County Chief Procurement Officer, at mtoon@lyco.org. Questions which require a more detailed or complex reply, or require an answer that may affect responses to this RFP or may be prejudicial to other prospective Bidders, will be answered by issuing an addendum. Questions must be received by the Chief Procurement Officer no later than Friday, August 17, 2018, 5:00 P.M. EST. 2.04 Addenda/Amendments to Proposal All changes in connection with this proposal will be issued by the Purchasing Department in the form of a written addendum. All addenda will be posted to the County Purchasing Department s page on the County website (www.lyco.org) at least seven (7) days prior to the deadline for RFP submissions. It is the Bidder s responsibility to check the website and ensure they have all applicable addenda prior to proposal submission. Signed acknowledgement of receipt of each addendum must be submitted with the proposal. - 2 -
2.05 Non-Collusion Affidavit The County requires that a Non-collusion Affidavit (ATTACHMENT A) be submitted with all proposals pursuant to its authority according to the Pennsylvania Antibid-Rigging Act, 62 Pa. C.S.A. 4501 et seq. This Non-Collusion Affidavit must be executed by the member, officer, or employee of the Bidder who makes the final decision on prices and the amount quoted in the proposal. Bid rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of proposals are unlawful and may be subject to criminal prosecution. If a proposal is submitted by a joint venture, each party to the venture must be identified in the proposal documents, and a Non-Collusion Affidavit must be submitted separately on behalf of each party. The term complementary bid as used in the Affidavit has meaning commonly associated with that term in the bidding process, and includes the knowing submission of proposals higher than the proposal of another firm, any intentionally high or non-competitive proposal, and any form of proposal submitted for the purpose of giving a false appearance of competition. 2.06 Proposal Submission Each Respondent must submit FOUR (4) COPIES of its SEALED proposal. The envelope containing the proposal must be clearly labeled RFP for Local Counsel Legal Services Related to Potential Opioid Litigation for Lycoming County and delivered to the: Lycoming County Controller s Office 330 Pine Street, 2nd Floor Williamsport, PA 17701. Late proposals shall not be accepted. Proposals must be mailed or hand-delivered. Proposals delivered by fax or electronically are not acceptable and will not be considered. 2.07 Deadline and Opening of Proposal Proposals must be received no later than Friday, August 24, 2018, 5:00 P.M. EST. Proposals will be opened publicly at 10:00 A.M., EST, on Tuesday, August 28, 2018 in the Commissioners Board Room located on the 1 st Floor of the Lycoming County Executive Plaza Building. A summary of proposals received, including company name and proposal amount will be posted on the Purchasing Department s page on the County s website (www.lyco.org) within 48 hours of the proposal opening. 2.08 Important Proposal Dates The following lists important deadlines regarding the RFP. Issue Date: August 03, 2018 Final Date for Written Questions: August 17, 2018 Deadline for Submitting Proposals: August 24, 2018 Opening of Proposals: August 28, 2018 2.09 Right-to-Know The County is an agency subject to the Right-to-Know Law. Any documents submitted should be considered as subject to potential public disclosure and a summary of proposals received, including company name and proposal amount will be posted on the Purchasing Department s page of the County s website (www.lyco.org) within 48 hours of the proposal opening. - 3 -
3.0 SCOPE OF WORK 3.01 Project Scope and Objectives The Lycoming County Board of Commissioners ( County ) is seeking formal proposals to retain the services of an experienced and qualified local attorney or law firm to serve as local counsel and provide legal representation to the County in connection with an investigation and potential litigation involving the manufacture, marketing, sale and distribution of prescription opioids in Lycoming County, Pennsylvania. Legal representation shall include, but not be limited to, forming a legal relationship with a lead counsel firm; conferring with the County and other persons it deems relevant to the litigation; evaluative and investigative preparatory work; legal research; drafting pleadings, motions, briefs, and all other papers to be filed in court; conducting and responding to discovery; attending all pre-trials, trials and post-trial court appearances; and handling appeals. 3.02 Procedures The selected Respondent will work closely with the Board of County Commissioners and the lead counsel firm. The Board of County Commissioners shall control and direct the litigation and settlement of all claims associated with the opioid litigation. All legal advice provided related to the opioid litigation shall be provided as directed by the lead counsel. The decision to settle any matter shall be reserved exclusively by the County. 4.0 MINIMUM REQUIRED QUALIFICATIONS. 4.01 Experience and Reputation A. Respondent must have at least three (3) years of active law practice. B. Respondent should have significant experience in the area of complex litigation, complex consumer fraud and unfair or deceptive trade practices litigation, and/or complex fraud and regulatory-related investigations, mass tort litigation, multidistrict/multi-jurisdictional litigation, and/or relevant to the causes of action that may be advanced in representation of the County in this matter, including any appellate cases ( Subject Matter Areas ). C. Respondent must designate, as a member of the team proposed for the representation, a lead attorney licensed to practice law with three (3) or more years of experience. Some experience representing governmental entities is preferred. D. Respondent and all attorneys working for or at the direction of Respondent on this matter shall be in good standing with the Pennsylvania Bar Association and shall maintain good standing throughout the pendency of performing the services hereunder. 4.02 Professional Liability Insurance The successful Respondent shall agree to maintain in full force and effect during the term of the contract, at its own expense, professional liability insurance as indicated below. The County of Lycoming, shall be named as additional insured and the certificate shall be sent to: County of Lycoming, Attn: Mya Toon, 48 West Third Street, Williamsport, PA 17701. The requirements are applicable to any and all subcontracts and subcontractors performing work under the contract. - 4 -
Coverage Workmen s Compensation General Liability/Property Damage Personal Injury Automobile Liability/Property Damage Bodily Injury Limits of Liability Statutory $500,000 each occurrence $1,000,000 aggregate $500,000 each occurrence $1,000,000 aggregate $500,000 each occurrence $500,000 each occurrence $1,000,000 aggregate In order to satisfy this requirement, the Respondent must: A. Include a statement in its Proposal affirmatively responding to this requirement; and B. Include in its Proposal either: 5.0 TECHNICAL PROPOSAL FORMAT 1) A certificate of insurance or letter from its insurer demonstrating that the Respondent meets this requirement, or 2) A commitment letter or other evidence, satisfactory to County, that the Respondent will have such coverage as of the date the contract commences. The following information shall be provided in each proposal in the order listed below. Respondents are expected to provide a response for each requirement listed in this RFP. Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of the County. 5.01 General All technical proposals shall be prepared with a concise description of the Respondent s capabilities to satisfy the minimum qualifications contained in this RFP. Respondents should organize their proposals so that their responses correspond to the specific sections to the extent possible. 5.02 Required Information The Proposal shall contain the information described below. A. Applicant s Experience and Capacity 1. Describe the firm s general understanding of the County s desired services. 2. Discuss the firm s philosophy on the process of providing legal services regarding this matter, including proposed techniques, methodology and strategy to be used. 3. Provide the County with a lead counsel recommendation, which highlights the skills, achievements, and aptitude of the firm or individual being recommended. - 5 -
4. Describe previous specialized experience on recent litigation of similar type, scope and magnitude as described in this RFP or the Subject Matter Areas. Respondents must provide comprehensive descriptions for all cases. 5. Description of the firm (size, structure and location), its background, qualifications and experience for this engagement for which the firm is uniquely suited. 6. Does your firm represent any other governmental entities? If so, list each governmental entity and provide the name, address and telephone number of a contact person for each such entity. B. Respondent s Team (Specific Individuals Responsible for Performance of Services) Provide a detailed description of the team that would provide services identified in this RFP and include the following information: 1. The identity of the individuals, the areas of law in which each specializes and the type of related transactions and/or litigation which the attorney has handled, the number of years of experience in such areas, and the extent to which each has analyzed laws, provided advice, and conducted investigations and litigation on issues relevant to the purpose of this RFP. 2. Résumés of each member of the team, attached to the proposal as Appendix A. C. Conflicts of Interest Each Respondent shall identify any conflicts of interest that may arise if the Respondent serves as co-counsel and shall describe in its proposal how it proposes to deal with such conflicts. Conflicts may arise not only from attorneys named on the contract but also from representation of parties involved in the transactions or other matters involving the County by any other member of the firm, regardless of whether that attorney is in the same office or a different office of the firm. 6.0 PRICE PROPOSAL FORMAT 6.01 Contingent Fee Arrangement The County will contract for services on a contingent fee basis. Respondents must identify in the Proposal the contingent fee percentage sought for the services contemplated by this RFP. Proposals suggesting tiered contingency arrangements, with differential recoveries depending upon the dollar amount of the claim, the dollar amount of the judgment and/or the point at which a final resolution is achieved, are encouraged. Respondent agrees to advance litigation costs incurred by its own attorneys and staff, including but not limited to travel, meals, mileage, lodging, photocopying, postage, electronic legal research fees, etc. It is anticipated that the agreed upon contingency fee will be an all in rate, inclusive of all fees, expenses, and costs, including but not limited to expert witness fees and court costs. The proposal shall detail how costs will be handled and paid. - 6 -
7.0 EVALUATION OF PROPOSALS 7.01 Selection Process The County will review all submissions and shall reserve the right to: Conduct pre-award discussion and/or pre-award contract negotiations with any or all Respondents who submit proposals; conduct personal interviews or require presentations of any or all Respondents prior to selection; and make investigations of the qualifications of proposers as it deems appropriate. Request that Respondents furnish additional information as the County may reasonably require. In its sole discretion, expand or reduce the criteria upon which it bases its final decisions regarding selection of a firm. The County reserves the right to reject any or all proposals or parts of proposals, to negotiate modifications of proposals submitted, and to negotiate specific proposal elements with a proposer into a project of lesser or greater magnitude than described in this RFP or the Respondent s reply. Negotiate any modifications to a proposal that it deems acceptable, waive minor irregularities in the procedures, and reject any and all proposals. Waive any irregularity in any proposal, or reject any and all proposals, should it be deemed in its best interest of the County to do so. The County shall be the sole judge of Respondent s qualifications and reserves the right to verify all information submitted by the Respondents. The proposal selected will be that proposal which is judged to be the most beneficial to the County. 7.02 Selection Criteria The selection of the firm will be based on an evaluation of the proposals to determine which proposals reflect the best overall value to the County. All proposals will be evaluated by authorized representatives of the County ( the Evaluation Committee ). The Evaluation Committee will consider all criteria in performing a comprehensive evaluation of each proposal. 7.03 Contract Award The County reserves the right to award all, part, or none of this contract and intends to award a contract to one (1) law firm. A written contract with the law firm selected will be required. The successful Bidder shall not subcontract any of its obligations under this contract without the County s prior written consent. In the event the County does consent in writing to a subcontracting arrangement, the successful Bidder shall remain fully responsible for performance of all obligations which it is required to perform under this contract. - 7 -
ATTACHMENT A INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT This Non-Collusion Affidavit is material to any contract awarded pursuant to this proposal. According to the Pennsylvania Antibid-Rigging Act, 62 Pa.C.S.A. 4501, et seq, government agencies may require Non- Collusion Affidavits to be submitted together with proposals. This Non-Collusion Affidavit must be executed by the member, officer or employee of the Bidder who makes the final decision on prices and the amount quoted in the proposal. Bid rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of proposals are unlawful and may be subject to criminal prosecution. The person who signs the affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the Bidder with responsibilities for the preparation, approval or submission of the proposal. In the case of a proposal submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately in behalf of each party. The term complementary bid as used in the Affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of proposals higher than the proposal of another firm, and intentionally high or noncompetitive proposal, and any other form of proposal submitted for the purpose of giving a false appearance of competition. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the proposal. - 8 -
Contract/Bid/Proposal State of County of NON-COLLUSION AFFIDAVIT I state that I am (Title) of (Name of Firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this proposal. I state that: 1. The price(s) and amount of this proposal have been arrived at independently and without consultation, communication, or agreement with any other Bidder or potential Bidder. 2. Neither the price(s) nor the amount of this proposal, and neither the approximate prices(s) nor approximate amount of this proposal, have been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed before proposal opening. 3. No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal. 4. The proposal of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal. 5. (Name of Firm), its affiliates, subsidiaries, officers, and employees are not currently under investigation by any governmental agency and have not, in the last four years, been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding in any public contract, except as follows: I state that (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the County of Lycoming in awarding the contract(s) for which this proposal is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the County of Lycoming of the true facts relating to the submission of proposals for this contract. - 9 -
A statement in this affidavit that a person has been convicted or found liable for any act, prohibited by State or Federal Law in any jurisdiction, involving conspiracy or collusion with respect to proposing on any public contract within the last three years, does not prohibit the County of Lycoming from accepting a proposal form or awarding a contract to that person, but may be grounds for administrative suspension or debarment in the discretion of the County under its rules and regulations, or may be grounds for consideration on the question of whether the County should decline to award a contract to that person on the basis of lack of responsibility. Name: Signature: Title SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF, 20 Notary Public My Commission Expires: - 10 -