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 of Law Firm:

Telephone Number of Law Firm:

Name of Individual Completing this Form:

Telephone Number of Individual Completing this Form:

The Law Firm’s Statement of Qualification must demonstrate the firm’s ability to meet all of the minimum qualifications and provide the requested information as set forth below.

**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 who will be providing services to the Commonwealth as part of the Engagement.

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

Provide resumes outlining each member’s background in environmental law, administrative agency and litigation and appellate matters.

2. State the number of years of practice in environmental law, administrative agency and litigation and appellate matters, 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 environmental law practice group and its specific expertise with respect to claims related to the Underground Storage Tank Fund, including experience in:

Matters including litigation and, especially, defense of claims relative to property damage and bodily injury allegedly caused by petroleum releases, filed in the Pennsylvania Courts of Common Pleas and Federal Courts.

Insurance coverage issues;

Subrogation claims for coverage especially related to the Fund;

Matters related to administrative agency law before administrative tribunals and appellate matters in the Commonwealth Court, especially, related to environmental claims.

4. Describe the Law Firm’s familiarity with the Storage Tank and Spill Prevention Act (35 P.S. § 6021.101, et seq.) and Regulations at 25 Pa. Code Chapter 977 (Underground Storage Tank Indemnification Fund).

5. Describe the Law Firm’s familiarity with the Clean Streams Law, 35 P.S. § 691.1, et seq., the Department of Environmental Protection Regulations at 25 Pa. Code Chapter 245 (Administration of the Storage Tank and Spill Prevention Program) and the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C.S. § 6901, et seq.

6. Describe the ability of the Law Firm to assume litigation with limited start-up costs and to represent the USTIF in litigation filed during the contract period in state and federal courts throughout the Commonwealth.

7. Describe how the Law Firm will inform USTIF of all aspects of the matter, including initial assessments of litigation claims, matter management plans, budgets, status reports, and evaluations of a matter once concluded.

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

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

10. 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.

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

12. 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.

13. Provide written acknowledgment that the Consultant and/or 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 Consultant’s or Law Firm’s relationships with or representation of other parties. A conflict shall include, but is not 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 Consultant and/or 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 Consultant and/or 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.

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