Appendix D - Statement of Qualifications - Conflicts - Technical Questionnaire.docx

APPENDIX D

STATEMENT OF QUALIFICATIONS/CONFLICTS/TECHNICAL QUESTIONNAIRE

Name of Law Firm (i.e., the Offeror):

Address(es) of Law Firm:

Telephone Number of Law Firm:

Name of Individual Completing this Form:

Telephone Number of Individual Completing this Form:

**Law Firms are expected to use this Statement of Qualifications and Technical Questionnaire in conjunction with the Statement of Work contained in Part IV of this RFP.**

1. List each member of the Law Firm’s energy practice group who will be providing services to the Commonwealth as part of the Engagement.

Confirm each member is admitted to practice law and is a member in good standing of each bar on which they are a member.

Provide resumes outlining each member’s background in energy matters.

2. State the number of years of practice in energy practice, both for the Law Firm as well as all the attorneys within the Law Firm, who are expected to provide services for the Engagement.

3. Describe the Law Firm and its capabilities, including the size of its energy practice group and its specific expertise in:

Handling administrative appeals or requests for rehearing before the Department of Energy;

Handling matters of all forms before the Federal Energy Regulatory Commission;

Handling administrative appeals or requests for rehearing before the Department of the Treasury;

Handling appeals to federal courts of orders issued by the Department of Energy, the Department of the Treasury, or the Federal Energy Regulatory Commission;

Advising clients where appropriate regarding any engagement with PJM Interconnection, LLC;

Advising clients on complex energy regulatory matters;

Advising clients on any Department of Energy proposed regulations;

4. Provide acknowledgement that senior personnel will be committed to Commonwealth matters.

5. Describe the anticipated division of duties among partners, associates, and paralegals.

6. Identify, within the Law Firm, any additional attorneys, and their expertise, that may be available for consultation, even though they are not assigned to this engagement.

7. Provide detailed descriptions of:

Any litigation or administrative proceeding in which the Law Firm was a party in any matter related to the professional activities of the Law Firm during the five (5) years prior to the date of this RFP;

Any pending litigation, investigation, or proceeding in which a court or administrative agency is addressing any question relating to the professional activities of the Law Firm; and

Any litigation or threatened litigation in connection with services rendered by the Law Firm as counsel and/or as special counsel or in connection with any opinion rendered by the Law Firm within the last seven (7) years.

8. Provide written acknowledgment that the Law Firm will comply with OGC’s Conflict Waiver Policy, a copy of which is attached to the Standard Contract for Legal Services.

(a) Describe any existing or potential conflict of interest arising from the Law Firm’s relationships with or representation of other parties. A conflict shall include, but is not limited to, the representation of any party in a matter adverse to the Commonwealth or to any Commonwealth agency for which OGC has not previously granted a conflict waiver. This includes potential conflicts for any proposed subcontractor. As set forth in Part IV-2 of this RFP, failure to disclose a conflict is grounds for rejection of a proposal, or removal or suspension from an engagement.

(b) Provide sufficient facts, legal implications, and possible effects for any matter as described above so that OGC may evaluate the significance of each potential conflict.

(c) Represent and warrant, in writing, that the Law Firm has no conflicting representations that have not been fully disclosed to and waived by the General Counsel.

(d) Represent and warrant that the Law Firm shall not undertake any representation that conflicts with the performance of the services or obligations as described hereunder unless such conflicting representation has been fully disclosed to and waived by the General Counsel. Any and all conflicting representation shall be promptly disclosed to the General Counsel.

9. Confirm that the Law Firm will perform legal services in accordance with the terms and conditions of the Standard Contract for Legal Services.