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

APPENDIX D

STATEMENT OF QUALIFICATIONS/CONFLICTS/TECHNICAL QUESTIONNAIRE

Name of Consultant and/or Law Firm (i.e., the Offeror):

Address(es) of Consultant and/or Law Firm:

Telephone Number of Consultant and/or 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.**

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.

1. The firm shall have at least ten (10) years of experience with Pennsylvania inheritance and estate tax law and shall be well versed in estate and probate matters generally.

2. Describe the Law Firm and its capabilities, including the size of the firm, its practice group areas, its probate and estate practice group, and its specific inheritance tax related expertise. State the availability of specific counsel and other relevant individuals for the Engagement.

3. Provide a narrative demonstrating the Law Firm’s knowledge of the engagement at issue as well as an analysis of the Law Firm’s plan of action consistent with the problem statement and the Statement of Work.

4. List each member of the Law Firm who will be providing services to the Commonwealth as part of the Engagement.

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

(b) Provide resumes outlining each member’s background, years of experience and expertise in Pennsylvania inheritance tax law.

5. Confirm Law Firm’s experience in the following:

(a) Litigation of one or more lawsuits concerning interpretation of the Inheritance and Estate Tax Act of 1991.

(b) Litigation of one or more lawsuits dealing with the Probate, Estates and Fiduciaries Code.

(c) Litigation concerning 42 Pa.C.S. §§ 8301, 8302, commonly known as the Wrongful Death Act and Survival Act respectively.

(d) General familiarity with Orphans’ Court practice and procedure.

(e) General familiarity with federal estate tax law.

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

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

8. Provide detailed descriptions of:

(a) 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;

(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 indictments, convictions or civil offenses during the past 10 years arising directly or indirectly from the conduct of business of the firm or any of its partners, associates, employees or agents.

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.

13. Describe the Law Firm’s ability to provide paper and electronic documents to the Commonwealth in a format compatible with the Commonwealth’s technology.

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