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 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 litigation, specific to DMVA State Veterans’ Homes estate recovery efforts and real estate services, group who will be providing services to DMVA under the contract.

a) Confirm each member is admitted to practice law before the Supreme Court of Pennsylvania and is a member in good standing.

b) Provide a listing of the federal court(s) to which each member is authorized to practice.

c) Provide a brief description outlining each member’s background in litigation and real estate services specific to DMVA State Veterans’ Homes estate recovery efforts.

State the number of years of practice in litigation and client services, both for the Law Firm as well as all attorneys within the Law Firm who are expected to provide services under the contract.

Describe the Law Firm and its capabilities, including the size of its litigation and real estate practice group specific to DMVA State Veterans’ Homes estate recovery efforts. State the availability of specific litigation, real estate counsel and other relevant individuals for the term of the contract.

2. Describe specific Law Firm experience as litigation counsel for governmental entities in Pennsylvania and other state governments.

a) Provide number of total litigation and real estate matters handled in the last three years.

b) Provide number of total litigation and real estate matters specific to DMVA specific to State Veterans’ Homes estate recovery efforts in the last three years.

3. Provide acknowledgement that senior personnel will be committed to DMVA matters.

Describe the anticipated division of duties among partners, associates, and paralegals and how the Law Firm will staff matters to efficiently control costs while maintaining high-quality representation. Identify, within the Law Firm, any additional attorneys, and their expertise, that may be available for consultation, even though they are not assigned to a specific matter.

List the address for each of the Law Firm’s offices in Pennsylvania.

8. Provide detailed descriptions of:

(a) Any litigation or administrative proceeding in which each member of the assigned team, 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 as well as the specific legal and procedural issues each counsel has experience handling;

(b) 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

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

9. Describe any use of artificial intelligence or automated technologies in the delivery of legal services, including, but not limited to, document review, legal research, drafting, or case management, and identify whether those technologies are developed in-house or provided by third-party vendors. The Law Firm must further describe the measures in place to ensure confidentiality, data security, and compliance with applicable professional responsibility obligations.

(a) Identify each artificial intelligence tool to be used and what protections are in place to ensure data provided by the Commonwealth is not used to develop its own artificial intelligence tools, conduct queries, or training of any artificial intelligence tools and data provided by the Commonwealth and outputs generated from that data are owned by the Commonwealth.

(b) Describe how the Law Firm will review and verify the accuracy of all use of artificial intelligence tools.

10. 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 to be 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.

11. Confirm that the Law Firm will perform legal services in accordance with the terms and conditions of the Standard Contract for Legal Services, a copy of which is attached to the RFP as Part V.

12. Confirm that the Law Firm has and will maintain in full force and effect, during the term of the resulting Contract for Legal Services, professional liability insurance in the amount usual and customary for a business and/or firm of its size and practice area subject to normal deductibles and provide a copy of such Certificate of Insurance. Upon execution of any resulting Contract for Legal Services, the Law Firm shall provide evidence that the Commonwealth is named as an additional insured.