2018-04-401 Legal Services for Opioid Litigation.pdf

SOCORRO COUNTY

REQUEST FOR PROPOSAL

NO. 2018-04-401

Legal Services for Opioid Investigation & Litigation

NIGP COMMODITY CODE: 96149

MAY 2018

Socorro County RFP 2018-04-401 ii

Table of Contents I. INTRODUCTION .............................................................................................................................................. I

A. PURPOSE OF THIS REQUEST FOR PROPOSALS ........................................................................................... I B. SCOPE OF WORK ................................................................................................................................................ I C. SCOPE OF PROCUREMENT .............................................................................................................................II D. PROCUREMENT MANAGER ...........................................................................................................................II E. DEFINITION OF TERMINOLOGY ....................................................................................................................II F. PROCUREMENT LIBRARY ............................................................................................................................ IV

II. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS

B. EXPLANATION OF EVENTS

1. Issue RFP

2. Return of “Acknowledgment of Receipt” Form for Distribution List

3. Pre-Proposal Conference

4. Deadline to submit additional written questions

5. Response to written questions/RFP Amendments

6. Submission of Proposal

7. Proposal Evaluation

8. Notification of Finalists

9. Best and Final Offers

10. Oral Presentations

11. Contract Negotiations

12. Contract Award

13. Protest Deadline

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement

2. Incurring Cost

3. Prime Contractor Responsibility

4. Subcontractors

5. Amended Proposals

6. Offerors' Rights to Withdraw Proposal

7. Proposal Offer Firm

8. Disclosure of Proposal Contents

9. No Obligation

10. Termination

11. Sufficient Appropriation

12. Legal Review

13. Governing Law

14. Basis for Proposal

15. Contract Terms and Conditions

16. Offeror’s Terms and Conditions

17. Contract Deviations

18. Offeror Qualifications

19. Right to Waive Minor Irregularities

20. Change in Contractor Representatives

21. Notice

22. County Rights

23. Right to Publish

24. Ownership of Proposals

25. Ambiguity, Inconsistency or Errors in RFP

26. Competition

27. Use by Other Government Entities

28. Confidentiality iii

29. Electronic mail address required

30. Use of Electronic Versions of this RFP

31. Insurance

32. Procurement Preferences

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

B. NUMBER OF COPIES

C. PROPOSAL FORMAT

1. Proposal Organization

2. Other Supporting Materials

IV. SPECIFICATIONS

A. INFORMATION

1. Response to Requirements

B. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (0 Points)

2. Campaign Contribution Disclosure Forms (0 Points)

3. Insurance (0 Points)

4. Debarment & Suspension Certification

5. Conflicts of Interest

6. Understanding of Scope of Work

7. Organization

8. Experience

9. References

10. Contingent Fee Arrangement

11. Capacity and Capability

V. EVALUATION

A. EVALUATION POINT SUMMARY

B. EVALUATION FACTORS

C. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (Pass/Fail)

2. Campaign Contribution Disclosure Form (Pass/Fail)

3. Insurance Certificate/Letter (Pass/Fail)

4. Debarment & Suspension Certification (Pass/Fail)

5. Conflicts of Interest (Pass/Fail)

6. Understanding of Scope of Work (Pass/Fail)

7. Organization (150 Points)

8. Experience (350 Points)

10. Contingent Fee Arrangement (200 Points)

11. Capacity & Capability (200 Points)

D. DESIRABLE REQUIREMENTS

E. PREFERENCES

F. EVALUATION PROCESS

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

APPENDIX B

LEGAL SERVICES CONTRACT FOR OPIOID INVESTIGATION & LITIGATION

APPENDIX C

LETTER OF TRANSMITTAL FORM

APPENDIX D

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CAMPAIGN CONTRIBUTION DISCLOSURE FORM

SOCORRO COUNTY

VALENCIA COUNTY

CIBOLA COUNTY

SIERRA COUNTY

CURRY COUNTY

CATRON COUNTY

APPENDIX E

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS 55

APPENDIX F

RESIDENT VETERANS PREFERENCE CERTIFICATION

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I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The County of Socorro, State of New Mexico, in cooperation with the Counties of Catron, Cibola, Curry, Sierra and Valencia, collectively “Cooperating Counties” seeks sealed proposals to engage a law firm to act as Special Legal Counsel (“Special Legal Counsel”) to represent the Cooperating Counties in connection with an investigation and possible litigation involving the manufacture, marketing, sale and distribution of prescription opioid products in the Counties, including claims arising out of the use and/or abuse of said opioid products. The Cooperating Counties seek to eliminate hazard to public health and safety caused by the opioid epidemic and to recoup County monies that have been spent as a result of false, deceptive and unfair marketing and/or unlawful diversion of opioids.

B. SCOPE OF WORK

Counsel will evaluate the merits of and, to the extent desired by the County, pursue litigation against opiate manufacturers, distributors and others related to the impact of opiate manufacturing, marketing and distribution and use on Cooperating Counties. Counsel shall be retained on a contingency fee basis with no costs or other compensation paid to counsel except as a percentage of any settlement monies received or damages awards paid. The County is not responsible for any of the costs or fees of the legal services. The law firm must as a matter of course, possess resources sufficient to advance all costs, including the costs of any experts needed to perform or assist in the performance of the work contemplated by this Request for Proposal.

Legal services will include, but may not be limited to:

1. Communication with the Cooperating County Attorneys on a regular basis and may have to meet and/or confer with the Board of County Commissioners.

2. Performing significant evaluative and investigative preparatory work related to opioid litigation and potential claims of the cooperative counties against entities or individuals involved in the manufacturing, distribution and/or dispensing of prescription opioid products within the Cooperating Counties, including their subsidiaries, partners, contractors, subcontractors and other responsible parties.

3. Continuing investigation and litigation against potentially responsible parties.

4. Performing all phases of the investigation and litigation, including preparation of complaint(s), filing of complaint(s) and service of summons, responding to motions, including motions to dismiss; drafting and answering discovery propounded upon the Cooperating Counties or any of its agencies; tracking documents obtained in discovery;

coordinating litigation with other counties, states and the federal government to promote, to the extent beneficial, a unified approach to litigation; taking depositions; defending depositions noticed by the defendants; preparing relevant witnesses for depositions;

responding to motions for summary judgment or other pretrial dispositive motions;

identification of experts to testify in favor of the Cooperating Counties; preparation of expert witnesses for deposition or trial testimony; assessing the strength of legal arguments propounded by the litigants; preparation of legal arguments on motions;

ii dealing with discovery disputes; representing the Cooperating Counties in trial or in any settlement negotiations that may occur; representing the Cooperating Counties in responding to post-trial motions; representing the Cooperating Counties in the appeal(s) of any judgment or verdict rendered in any such action(s) and, if applicable, the remand from appeal(s); collection of judgments; and representation and defense of the Cooperating Counties related to all counterclaims, crossclaims, or other claims related to or arising out of the Opioid Litigation.

5. Preserving and making available to the Cooperating Counties all pertinent records. When the contract is completed or if the contract is completely or partially terminated for whatever reason, all records relating to the work shall be preserved and made available to the Cooperating Counties for a period of at least five (5) years from the date of final statement or from the date that the litigation is completed, whichever occurs last.

6. Providing detailed information regarding hours worked, services performed and costs incurred in said litigation on a quarterly basis and upon request.

C. SCOPE OF PROCUREMENT

The duration of the professional services contract resulting from this RFP shall be for one (1) year from the date of award. This Contract will automatically renew on an annual basis, for up to three (3) additional one (1) year terms unless terminated as provided by this Contract or law. In accordance with Section 13-1-150 NMSA 1978, no term for a professional services contract, including extensions and renewals, shall exceed four (4) years, except as set forth in Section 13- 1-150 NMSA 1978. This procurement will result in a single source award. Contract award is expected on or about Tuesday, July 25, 2018.

D. PROCUREMENT MANAGER

The County of Socorro has designated a Procurement Manager who is responsible for this procurement and whose name, address, and telephone number are listed below. Any inquiries or requests regarding this procurement should be submitted to the Procurement Manager in writing.

Offerors may contact ONLY the Procurement Manager regarding the procurement. Other County employees do not have the authority to respond on behalf of the Cooperating Counties.

Sammie Vega-Finch Socorro County Purchasing

Delivery Address (Including proposal delivery):

210 Park Street, Socorro NM 87801

Mailing Address:

P.O. Box I, Socorro, NM 87031

Phone: (575) 835-0589 Fax: (575)835-4629

E-mail: svega@co.socorro.nm.us

NOTE: All deliveries via express carrier (INCLUDING PROPOSAL DELIVERY) should be addressed to Sammie Vega-Finch’s Delivery Address, above.

E. DEFINITION OF TERMINOLOGY

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This section contains definitions that are used throughout this procurement document, including appropriate abbreviations.

“Board of County Commissioners” (also “BCC”) means the elected board in whom all powers of the county are vested and who are responsible for the proper and efficient administration of the county government.

"Close of Business" means 5:00 P.M. Mountain Standard Time (MST) or Mountain Daylight Time (MST), whichever is in effect on the date specified.

"Contract" or “Agreement” means a written agreement for the procurement of items of tangible personal property or services.

"Contractor" means a successful offeror who enters into a binding contract.

“Cooperating Counties” means Counties of Catron, Cibola, Curry, Sierra and Valencia.

"County" means the County of Socorro, State of New Mexico.

"Determination" means the written documentation of a decision of the procurement manager including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

“Desirable" refers to the terms "may", "can", "should", "preferably" or "prefers" which identify a desirable or discretionary item or factor. (As opposed to a “mandatory” item or factor.)

"Evaluation Committee" means a body appointed by County management to perform the evaluation of offeror proposals.

"Evaluation Committee Report" means a report prepared by the Procurement Manager and the Evaluation Committee for submission to appropriate approval authorities for contract award that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals.

"Finalist" is defined as an offeror who meets all the mandatory specifications of this Request for Proposal and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

"Mandatory" refers to the terms "must", "shall", "will", "is required" or "are required" which identify a mandatory item or factor. (As opposed to a “desirable” item or factor.) Failure to meet a mandatory item or factor will result in the rejection of the offeror's proposal.

"Offeror" is any person, corporation, or partnership who chooses to submit a proposal.

"Procurement Manager" means the person or designee authorized by the County to manage or administer a procurement requiring the evaluation of competitive sealed proposals.

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"Procuring agency of the County" means the department or other subdivision of the County of Socorro that is requesting the procurement of services or items of tangible personal property.

"Purchase Order” or "PO" means the document which directs a contractor to deliver items of tangible personal property or services pursuant to an existing, valid contract.

"Purchasing” means the County of Socorro Purchasing Office or the Socorro County Purchasing Agent.

"Purchasing Agent" or "PA" means the Purchasing Agent for the County of Socorro.

"Request for Proposals" or "RFP" means all documents, including those attached or incorporated by reference, used for soliciting proposals.

"Responsible Offeror" means an offeror who submits a responsive proposal and who has furnished required information and data to prove that their financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property called for in this proposal.

"Responsive Offer" or "Responsive Proposal" means an offer or proposal which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity and delivery requirements.

“Statement of Compliance” and “Statement of Concurrence” mean an express statement, by the offeror in their proposal, that they agree with and agree to the stated requirement(s). Possible examples of acceptable responses include “The [NAME HERE Company] agrees to comply with this requirement.” and “The [NAME HERE Company] concurs with this requirement.

F. PROCUREMENT LIBRARY

The Procurement Library consists of the following documents which may be accessed by their associated Internet links:

• New Mexico Procurement Code http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx

• Socorro County Procurement Policy: 2014-30 http://www.socorrocounty.net/departments/manager/policies-of-socorro-county

• Socorro County Procurement Forms http://www.socorrocounty.net/departments/finance/purchasing/purchasing-ap-forms-1

• Socorro County Proposal Documents http://www.bidnetdirect.com//socorro-county http://www.nmonesource.com/nmnxtadmin/NMPublic.aspx http://www.socorrocounty.net/departments/manager/policies-of-socorro-county http://www.socorrocounty.net/departments/finance/purchasing/purchasing-ap-forms-1 http://www.bidnetdirect.com/socorro-county v

(Offerors will need to register online with New Mexico Bid System to access all documents for this RFP)

• New Mexico Veterans/In-State Preference http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx vi

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II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule for the procurement, describes the major procurement events and contains the general requirements governing the procurement.

A. SEQUENCE OF EVENTS

The Procurement Manager will make every effort to adhere to the following schedule:

ACTION RESPONSIBILITY DATE

1. Issue RFP Procurement Manager (PM) 05/16/18

2. Return of “Acknowledgment of Receipt” Form for Distribution List

Potential Offerors (PO) 06/08/18

3. Pre-Proposal Conference PM, PO 06/12/18 at 1pm MST

4. Deadline to Submit Additional Questions

PO 06/22/18

5. Response to Written Questions/ RFP Amendments

PM 06/27/18

6. Submission of Proposal Offerors 07/11/18 at 11am MST

7. Proposal Evaluation Evaluation Committee (EC) 07/25/18

8. Notification of Finalists (If desired)

EC 07/27/18

9. Best & Final Offer (If requested) Offerors 07/31/18

10. Oral Presentations (If requested) Offerors 08/06/18 – 08/10/18

11. Contract Negotiations (If needed)

Tentative winner/County 08/15/18

12. Contract Award* Purchasing Agent/BCC* 08/28/18

13. Protest Deadline Offerors 09/12/18

*Contract award is subject to approval of the Board of County Commissioners.

B. EXPLANATION OF EVENTS

The following paragraphs further detail the activities listed in the sequence of events shown in Section II, Paragraph A.

1. Issue RFP

This RFP is being issued by the Socorro County Purchasing Agent on behalf of the Counties of Socorro, Catron, Cibola, Curry, Sierra and Valencia. The RFP can be accessed online at http://www.bidnetdirect.com//socorro-county.

2. Return of “Acknowledgment of Receipt” Form for Distribution List

Potential offerors should hand deliver or return by facsimile or e-mail or registered or certified mail the “Acknowledgement of Receipt” form that accompanies this document

(See Appendix A) to have their organization placed on the procurement distribution list.

The form should be signed by an authorized representative of the organization, dated and returned by the close of business on the date indicated in Section II.A (Sequence of Events), above.

The procurement distribution list will be used to notify those that submitted the form of any written responses to questions and any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of the RFP, and the potential offeror's organization name shall not appear on the distribution list.

3. Pre-Proposal Conference

A Pre-Proposal Conference will be held on the date indicated in Section II.A (Sequence of Events), above at 1:00 P.M. MST at the Socorro County Annex Building at 198 Neel Avenue, Socorro NM. Potential offerors are encouraged to submit written questions in advance of the conference to the Procurement Manager (See Section I, Paragraph D).

The identity of the organization submitting the question(s) will not be revealed.

Additional written questions may be submitted at the conference. All written questions will be addressed at the conference. A public log will be kept of the names of potential offerors that attended the Pre-Proposal Conference.

Attendance at the Pre-Proposal Conference is not a prerequisite for submission of a proposal but is highly recommended as questions will be answered.

4. Deadline to submit additional written questions

Potential offerors may submit written questions as to the intent or clarity of this RFP until 5:00 PM MST on the date indicated in Section II.A (Sequence of Events), above. All written questions must be sent by e-mail to the Procurement Manager (See Section I, Paragraph D.)

5. Response to written questions/RFP Amendments

Written responses to written questions and any RFP amendments will be posted as a ‘Communication’ to New Mexico Bid Net at http://www.bidnetdirect.com//socorro-county. Notification of such posting shall be provided to all potential offerors that have returned the “Acknowledgement of Receipt” Form found at Appendix A. A new “Acknowledgement of Receipt” Form will accompany the posted distribution package.

The form should be signed by the offeror's representative, dated, and hand-delivered or returned by facsimile or e-mail or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process.

6. Submission of Proposal

OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION

BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 11:00

AM MST ON THE DATE INDICATED IN SECTION II.A (SEQUENCE OF

EVENTS), ABOVE. PROPOSALS RECEIVED AFTER THIS DEADLINE FOR

ANY REASON WILL NOT BE ACCEPTED OR CONSIDERED.

The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to the Procurement Manager at the delivery address listed in Section I, Paragraph D. Proposals must be sealed and should be labeled on the outside of the package to clearly indicate that they are in response to the “Legal Services for Opioid Investigation & Litigation” should reference “RFP #2018-04-401” and should indicate the deadline for receipt (due date and time.) Proposals submitted by facsimile or other electronic means WILL NOT BE ACCEPTED.

A public log will be kept of the names of all offerors submitting proposals. Pursuant to Section 13-1-116 NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award.

7. Proposal Evaluation

The evaluation of proposals will be performed by an Evaluation Committee appointed by County management. This process will take place during the time period indicated in Section II.A (Sequence of Events), above. During this time, the Procurement Manager may at his option initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.

8. Notification of Finalists

The Evaluation Committee may select and the Procurement Manager may notify finalist offerors on the date indicated in Section II.A (Sequence of Events), above. Only finalists will be invited to participate in the subsequent steps of the procurement. The Evaluation Committee reserves the right not to utilize the finalist process if they deem it in the best interest of the Cooperating Counties.

9. Best and Final Offers

Finalists may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers on the date indicated in Section II.A (Sequence of Events), above.

10. Oral Presentations

Finalist Offerors may be required to make an oral presentation to the Evaluation Committee. If so required, the Procurement Manager will schedule the time for each Offeror’s presentation. All presentations will be made at the Socorro County Annex

Building at 198 Neel Avenue, Socorro NM 87801. Each presentation will be limited to a fixed amount of time as designated by the Procurement Manager in the Oral Presentation requirement notification.

11. Contract Negotiations

If necessary, contract negotiations shall commence with the most advantageous offeror no later than the date indicated in Section II.A (Sequence of Events), above. In the event that mutually agreeable terms cannot be reached within the time specified, the County reserves the right to finalize a contract with the next most advantageous offeror without undertaking a new procurement process.

12. Contract Award

After review of the Evaluation Committee Report and the tentative contract, the Purchasing Agent anticipates the Board of County Commissioners will award the contract on the date indicated in Section II.A (Sequence of Events), above. This date is subject to change at the discretion of the Purchasing Agent or the Board of County Commissioners.

Any contract awarded shall be awarded to the offeror whose proposal is most advantageous to the Cooperating Counties, taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points.

13. Protest Deadline

Any protest by an Offeror must be timely, in conformance with, and will be governed by Sections 13-1-172 through 13-1-176 NMSA 1978 and Socorro County Procurement Policy #2014-30, Section 26. The fifteen (15) day protest period for timely Offerors shall begin on the day following contract award and will end at 5:00 PM MST on the date indicated in Section II.A (Sequence of Events), above. Protests must be written and must include the name and address of the protestor and the Request for Proposals number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from the Purchasing Agent. The protest must be delivered to the Purchasing Agent.

Attn. Sammie Vega-Finch, County Purchasing Agent 210 Park Street

Socorro, New Mexico 87801

NOTE: Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with the New Mexico Procurement Code (13- 1-28 NMSA 1978) and Socorro County Procurement Policy (#2014-30).

1. Acceptance of Conditions Governing the Procurement

Offerors must indicate their acceptance of the Conditions Governing the Procurement in the letter of transmittal form (see Appendix C). Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

2. Incurring Cost

Any cost incurred by the offeror in preparation, transmittal, presentation of any proposal or material or negotiation associated with their response to this RFP shall be borne solely by the offeror.

3. Prime Contractor Responsibility

Any contract that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of the contract with the Cooperating Counties. The Cooperating Counties will only make contract payments to the prime contractor.

4. Subcontractors

Use of subcontractors must be clearly explained in the proposal and each must be identified by name. The prime contractor shall be wholly responsible for contract performance whether or not subcontractors are used. Substitution of subcontractors, after contract award, must receive prior written approval of the County Purchasing Office.

5. Amended Proposals

An offeror may submit an amended proposal before the deadline for receipt of proposals.

Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. County personnel will not merge, collate, or assemble proposal materials.

6. Offerors' Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror's duly authorized representative addressed to the Procurement Manager. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals or sixty (60) days after the due date for the receipt of a best and final offer, if one is solicited.

8. Disclosure of Proposal Contents

The proposals will be kept confidential until a contract is awarded by the awarding authority. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material which is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the remaining portions of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror's organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-I to 57-3A-7 NMSA 1978. The price of products offered or the cost of services proposed shall not be designated as proprietary or confidential information.

If a request is received for disclosure of data for which an offeror has made a written request for confidentiality, the Purchasing Agent shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continued prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates the Cooperating Counties or any of their departments or other subdivisions to the eventual lease, purchase, etc., of any tangible personal property offered or services proposed until a valid written contract is approved by the Purchasing Agent and other required approval authorities.

10. Termination

This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the County determines such action to be in the best interest of the Cooperating Counties.

11. Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the contractor. Each of the County's decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review

The Cooperating Counties require that all offerors agree to be bound by the General Requirements contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Procurement Manager.

13. Governing Law

This procurement and any agreement with offerors that may result shall be governed by the laws of the State of New Mexico.

14. Basis for Proposal

Only information supplied by the County in writing through the Procurement Manager or in this RFP should be used as the basis for the preparation of offeror proposals.

15. Contract Terms and Conditions

The contracts between the Cooperating Counties and the contractor will follow the format specified by the County and contain the terms and conditions set forth in Appendix B, Sample Contract. However, the County reserves the right to negotiate with a successful offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised or supplemented, and the successful offeror's proposal will be incorporated into and become part of the contract.

Should an offeror object to any of the County’s terms and conditions, as contained in this Section or in Appendix B, that offeror must propose specific alternative language. The County may or may not accept the alternative language, at the County’s sole discretion.

General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to the County and could lead to disqualification of the offeror's proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording in order for the proposed alternate wording to be considered.

16. Offeror’s Terms and Conditions

Offeror’s must submit with their proposal a complete set of any additional terms and conditions which they request be included in a contract negotiated with the County. The County may or may not accept the additional language, at the County’s sole discretion.

17. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation, will be discussed only between the County and the selected offeror and shall not be deemed an opportunity to amend the Offeror’s proposal.

18. Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine the ability of the offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any offeror who is not a responsible offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-85

NMSA 1978.

19. Right to Waive Minor Irregularities

The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

20. Change in Contractor Representatives

The County reserves the right to require a change in contractor representatives if the assigned representatives are not, in the opinion of the County, meeting its needs adequately.

21. Notice

The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes civil and misdemeanor criminal penalties for its violation. The State of New Mexico criminal statutes also impose felony penalties for bribes, gratuities and kick-backs.

22. County Rights

The County reserves the right to accept all or a portion of an offeror's proposal.

23. Right to Publish

Throughout the duration of this procurement process and contract term, potential offeror’s and contractors must secure from the Cooperating Counties written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or termination of the contract.

24. Ownership of Proposals

All documents submitted in response to the RFP shall become the property of the County.

However any technical or user documentation submitted with the proposals of non-selected offerors may be returned after the expiration of the protest period, by request, at the expense of the Offeror.

25. Ambiguity, Inconsistency or Errors in RFP

Offerors shall promptly notify the Procurement Manager, in writing, of any ambiguity, inconsistency or error which they discover upon examination of the RFP.

26. Competition

By submitting a proposal, offeror certifies that they have not, either directly or indirectly, entered into any action in restraint of full competition in connection with the proposal submitted to the County.

27. Use by Other Government Entities

By submitting a proposal, offeror indicates that they understand and agree that other government entities within the State of New Mexico, or as otherwise allowed by their governing directives, may contract for the goods or services included in this procurement document with the awarded contractor(s). Contractual engagements accomplished under this provision shall be solely between the awarded vendor and the contracting government entity with no obligation or liability by Socorro County.

28. Confidentiality

Any confidential information provided to, or developed by, the contractor in the performance of any agreement resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the Cooperating Counties.

29. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence.

30. Use of Electronic Versions of this RFP

This RFP is being made available by electronic means. If accepted by such means, the offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the offeror’s possession and the version maintained by the County, the version maintained by the County shall govern.

31. Insurance

The legal firm will be required to provide proof of, and maintain, insurance prior to performing work for the Cooperating Counties. The requirements are as follows:

1. General Liability:

a. Includes Coverage for Premises/Operation Coverage & Products/Completed Operations

b. Must be Occurrence form coverage

c. Coverage shall remain in force for the duration of the contract.

2. Auto Liability: $1,000,000.00 Each Accident

a. Covers all owned, leased, hired and non-owned autos or “any auto”

3. Professional Liability: Minimum $1,000,000.00 aggregate

4. Workers Compensation:

a. Contractor shall comply with the provisions of the Worker’s Compensation Act.

5. Increased Limits:

a. If, during the life of this Agreement, the Legislature of the State of New Mexico increases the maximum limits of liability under the Tort Claims Act (NMSA 1978, Section 41-4-1 et seq., Contractor shall increase the maximum limits of any insurance required herein.

6. Malpractice/Errors & Omissions Insurance:

a. Contractor shall procure and maintain during the life of this Agreement professional liability (errors and omissions) insurance with policy limits of not less than $1,000,000.00 per occurrence, $2,000,000.00 per aggregate.

7. Cooperating Counties Named as Additionally Insured:

a. This condition is required for all insurances requested except Professional

Liability.

Coverage must be as broad as the coverage provided to the insured. Coverage must be primary and non-contributory before any other insurance or self-insurance. A copy of endorsement for this coverage must provided.

The certificate must state that coverage afforded under the policies will not be canceled or allowed to expire until at least 30 days prior written notice has been given to the Cooperating Counties.

32. Procurement Preferences

New Mexico Resident Business Preference New Mexico law, Section 13-1-21 NMSA 1978, provides a preference in the award of a public works contract for an “in-state resident business.” Application of a resident business preference for any Offeror requires the Offeror to provide a copy of a valid and current certificate as a resident business. Certificates are issued by the state taxation and revenue department.

If an Offeror submits with its proposal a copy of a valid and current in-state resident business certificate, 5% of the total weight of all evaluation factors used in the evaluation of proposals may be awarded or added to the Offerors score.

Certification by the department of taxation and revenue for the resident contractor takes into consideration such activities as the business or contractor’s payment of property taxes or rent in the state and payment of unemployment insurance on employees who are residents of the state.

OR

New Mexico Resident Veteran Business Preference New Mexico law, Section 13-1-22 NMSA 1978, provides a preference in the award of a public works contract for an “in-state resident veteran business.” Certification by the department of taxation and revenue for the resident veteran business requires the Offeror to provide evidence of annual revenue and other evidence of veteran status.

An Offeror who wants the veteran contractor preference to be applied to its proposal is required to submit with its proposal the certification from the NM Department of Taxation and Revenue and the sworn affidavit attached hereto as Appendix F.

If an Offeror submits with its proposal a copy of a valid and current veteran resident business certificate, 10%, 8% or 7% of the total weight of all the evaluation factors used in the evaluation of proposals may be awarded or added to the Offeror’s score, depending on the business’ annual revenue.

The resident business preference is not cumulative with the resident veteran business preference.

III. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors may submit only one (1) proposal in response to this RFP.

B. NUMBER OF COPIES

Offerors shall deliver five (5) identical copies of their proposal to the location specified in Section I, Paragraph D on or before the closing date and time for receipt of proposals. (Identical copies are defined as the original plus the number of additional copies needed to fulfill the requirement. For example, a requirement for five (5) identical copies would be fulfilled by submitting the original and four [4] copies of the original.) The original copy should be clearly marked “ORIGINAL” on the front cover and shall contain original signatures.

C. PROPOSAL FORMAT

All proposals must be typewritten on standard 8 1/2 x 11 paper (larger paper is permissible for charts, spreadsheets, etc.) and placed within a binder with tabs delineating each section.

1. Proposal Organization

The proposal must be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated.

a. Letter of Transmittal Form (See Appendix C)

b. Table of Contents

c. Proposal Summary (optional)

d. Response to Mandatory Requirements

e. Other Supporting Materials

Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP under Section V. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal.

Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis.

A proposal summary may be included by offerors to provide the Evaluation Committee with an overview of the technical and business features of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the offeror's proposal.

2. Other Supporting Materials

Offerors may attach other materials which they feel may improve the quality of their responses. However, these materials may not be reviewed by members of the Evaluation Committee and will not be scored.

IV. SPECIFICATIONS

A. INFORMATION

1. Response to Requirements

Each mandatory requirement in sections IV.B.1 through IV.B.10, below, requires a vendor response, as indicated. Failure to respond to, or properly comply with, a mandatory requirement may result in the disqualification of the Offeror’s proposal.

B. MANDATORY REQUIREMENTS

1. Letter of Transmittal Form (0 Points)

Offeror must complete and submit the “Letter of Transmittal Form”, found at Appendix C, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

2. Campaign Contribution Disclosure Forms (0 Points)

Offeror must complete and submit the “Campaign Contribution Disclosure Forms”, found at Appendix D, with their proposal. Forms for each of the Cooperating Counties must be signed and dated by an individual authorized to contractually bind the firm.

3. Insurance (0 Points)

a. The offeror must include a statement in its proposal affirmatively responding to this requirement as stipulated in Section II.C.31 (Insurance); and

b. Include in its Proposal either:

1.A certificate of insurance or letter from its insurer demonstrating that the Offeror meets this requirement, or

2.A commitment letter or other evidence, satisfactory to the Cooperating Counties, that the Offeror will have such coverage as of the date the Contract commences.

4. Debarment & Suspension Certification

Offeror must complete and submit the “Debarment & Suspension Certification Form”, found at Appendix E, with their proposal. The form must be signed and dated by an individual authorized to contractually bind the firm.

5. Conflicts of Interest

a. In General In general, if a conflict of interest arises, the Offeror should be willing to continue to represent the County and be in a position to inform other existing or potential clients that they must find representation elsewhere in particular situations. The Cooperating Counties may entertain a request for a waiver of an Offeror’s representation of a transactional nature, or if the matter relates to litigation involving a unit of government other than The Cooperating Counties, and may waive any other conflicts when such waiver does not have the possibility of damaging the County’s position in the litigation or other matters. The Cooperating Counties reserves the right, in their sole discretion, to select another law firm to work on a particular matter if a conflict is not resolved to its satisfaction.

Each Offeror shall identify any conflicts of interest that may arise if the Offeror serves as Special Legal 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

b. Conflict Check System Offeror shall describe in detail its existing system for identifying conflicts of interest in undertaking new representations. Offeror must include information about who maintains the records, how often the information is updated and at what stage of representation the check is made. Offeror shall provide a copy of its written conflicts policy or explain in detail why there is no written policy.

c. Potential Conflicts Prior to entering into any contract, Offeror shall provide assurances that potential conflicts have been discussed with other existing clients of Offeror who might be requested to engage other counsel for a specific transaction, and that those existing clients are amenable to such an inconvenience.

6. Understanding of Scope of Work

Offeror must draft, sign and submit a statement of concurrence acknowledging and detailing its understanding of the work being requested by the Cooperating Counties.

The statement must include a description of the services to be provided as it relates to the scope of work, any challenges related to the scope of work, information on any subcontractors of consultants that will provide services toward the scope of work in this RFP, and any services requested within the scope of work that cannot be provided by the Offer. The statement must be signed and dated by an individual authorized to contractually bind the firm.

7. Organization

a. The Offeror should present a team of attorneys that has significant experience in the area of complex commercial litigation, preferably complex consumer fraud and unfair or deceptive trade practices litigation, and/or complex fraud and regulatory-related investigations (“Subject Matter Areas”).

b. The Offeror must designate, as a member of the team proposed for the representation, a lead attorney licensed to practice law with ten (10) or more years’ experience in the Subject Matter Areas. Offeror and all attorneys working for or at the direction of Offeror on this matter shall be in good standing with the New Mexico Bar Association or another bar association in the United States and shall maintain good standing throughout the pendency of performing the services hereunder.

c. The Offeror must set forth each attorney within your firm who is on the MDL Leadership Team established in the consolidated litigation within the United States District Court in the Northern District of Ohio, MDL No. 2804 before Judge Dan Aaron Polster and specify in what capacity they are a part of that team.

d. The Offeror must set forth each attorney within your firm who is on the Executive Committee established in the consolidated litigation within the United States District Court in the Northern District of Ohio, MDL No. 2804 before Judge Dan Aaron Polster.

e. The Offeror must set forth each attorney within your firm who is on the Steering Committee established in the consolidated litigation within the United States District Court in the Northern District of Ohio, MDL No. 2804 before Judge Dan Aaron Polster.

f. Apart from the consolidated litigation within the United States District Court in the Northern District of Ohio, MDL No. 2804 before Judge Dan Aaron Polster, provide a list of all cases related to opiate manufacturers and distributors (identifying by case name and proper legal citation) in which attorneys from your law firm have appeared, the extent of involvement from the attorneys in your law firm and the ultimate outcome or current status of each case.

g. The Offeror must provide information on the law firm’s office locations and staffing at each office as well as the types of legal services/specialized areas of expertise each office location provides.

h. Within the past three years, have there been any significant developments in your firm such as changes in ownership or restructuring? Do you anticipate any significant changes within the next five (5) years? Please describe.

i. Describe the on-line services, publications and other resources maintained by your firm dealing with the Subject Matter Areas, including subscription services and periodicals.

j. Has your firm or an attorney in your firm’s employ who will have any involvement with the provision of legal assistance, advice, or representation pursuant to this RFP ever been disciplined or censured by any regulatory body? If so, describe the principal facts.

k. Within the last five (5) years, has your firm, or a partner or attorney in your firm, been involved in litigation or other legal proceedings relating to provision of legal services? If so, provide an explanation and indicate the current status or disposition.

l. Does your firm represent the Attorney General of any state? If so, list the full name, address and telephone number of each Attorney General and provide a contact and telephone number.

m. Does your firm represent any other states or governmental entities? If so, list each such state or governmental entity and provide the name, address and telephone number of a contact person for each such entity.

n. Please describe your firm’s backup procedures in the event one or more attorneys assigned to a matter contemplated by this RFP leave the firm.

o. Describe your disaster recovery plan and facilities.

8. Experience

a. Subject Matter Experience

1. Provide a detailed description of the Offeror’s experience in the Subject Matter Areas, including identification of the approximate number of engagements involving the Subject Matter Areas during the last five (5) years.

Of those engagements, the Offeror should select no more than five (5) illustrative matters and provide the following information:

i. Nature of the matter and the Offeror’s role;

ii. The year and the approximate dollar amount of the claim;

iii.