Invitation_to_Qualify:_Federal_Litigation_Services_(Addendum_#1_Revision).pdf

INVITATION TO QUALIFY

2024-ITQ-123

INVITATION TO QUALIFY: FEDERAL LITIGATION SERVICES

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: September 23, 2024

DEADLINE FOR QUESTIONS: undefined

RESPONSE DEADLINE: November 1, 2026, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/pittsburghpa https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Pittsburgh

INVITATION TO QUALIFY

Invitation to Qualify: Federal Litigation Services

I. Introduction II. Instructions to Bidders

III. Evaluation Phases IV. Equal Opportunity Review Commission Terms V. Award and Contract

VI. General Terms & Conditions VII. Miscellaneous Requirements

VIII. Scope of Work IX. Vendor Questionnaire

Attachments:

A - Federal Litigation ITQ Draft Agreement

Invitation to Qualify #2024-ITQ-123 Title: Invitation to Qualify: Federal Litigation Services

1. Introduction

1.1. Summary

The City of Pittsburgh, Office of Management and Budget, is soliciting proposals from qualified attorneys and firms to provide Federal Litigation Services

1.2. Background

The City of Pittsburgh is inviting Professionals Firms to qualify for a pre-selection of vendors who meet the mandatory criteria for the categories of work listed under Scope of Work. Firms may submit qualifications for any number and/or combination of the Categories of Work herein. The City may choose to award multiple categories of work if the professionals and/or firms are deemed qualified for more than one category and able to support City needs.

Once under contract, the selected firms will be able to submit proposals for work order requests.

The sample agreements accompanying this solicitation will be part of each individual contract. Changes or alterations to these terms and conditions will not be accepted.

1.3. Contact Information

Jessie Nusser

Sourcing Specialist

414 Grant St

Suite 502

Pittsburgh, PA 15219

Email: jessica.nusser@pittsburghpa.gov

Phone: (412) 255-2458

Department:

Law

1.4. Timeline

The following represents the tentative schedule for this project. Any change in the scheduled dates for the Pre Proposal Conference (if applicable), Deadline for Submission of Written Questions, or Proposal

Submission Deadline will be advertised in the form of an addendum to this ITQ. The schedule for the evaluation process and other future dates may be adjusted without notice.

ITQ Released September 23, 2024

Pre-Proposal Meeting (Non-Mandatory) October 7, 2024, 10:00am

Virtual via Microsoft Teams-Please use the RSVP

Manager to indicate attendance, and a link will be sent to you prior to the meeting.

mailto:jessica.nusser@pittsburghpa.gov tel:(412)255-2458

Proposal Submission Deadline November 1, 2026, 3:00pm

Proposal Review and Supplier Scoring Ongoing-Applications will be receivable until

November 2026.

Contract Award Ongoing-Applications will be receivable until

November 2026.

2. Instructions to Bidders

2.1. Proposal Format

Submission Requirements

General:

A page means one side of one sheet of paper. Paper size shall be 8.5” x 11”

Font size may not be less than 10 point in body text of submission

Margins may not be less than 0.5”

Layout shall be portrait orientation

Provide resumes for a maximum of three (3) key individuals that will be the “qualifying professional” for the category of work

Resumes should not exceed one page per professional.

To be considered, vendors are required to provide a maximum of three (3) project summaries per category of work.

Project summaries may not exceed one page each.

Submittal Format:

Section 1 – Firm/Artist Information

• Firm/Artist overview

• Services provided

• Firm name, legal address, etc.

• Designated contract authority and principle point of contact (name, address, phone, email)

• DBE/WBE certification (if applicable)

Section 2 – Categories of Work

• Project Summaries-Provide instances of completed work that would fall under each category of work sought.

• 3 project maximum per category of work

• 1 page maximum per project

• Qualified Professionals Resumes

• 1 page maximum per qualifying professional

2.2. Submittal Requirements

All proposals must be submitted electronically. No proposal shall be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.

Respondents are required to provide one (1) electronic copy of their proposal in either MS Word or PDF by the submission deadline.

If additional hard copies are requested, the proposal should be bound or contained in a loose leaf binder. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Use section dividers, tabbed in accordance with this Section as specified below. All proposals will need to be provided electronically so the following format will apply for the electronic submittal through the

Beacon website.

2.3. Additional Submission Considerations

Late proposals will not be accepted or considered. Respondents should allow enough time to register company on the City's e-Procurement Portal, search the solicitation they wish to respond to and complete the submission process online before the deadline.

The City of Pittsburgh shall not be responsible for proposals delivered to a person or location other than that specified herein.

All submittals, whether selected or rejected, shall become the property of the City of Pittsburgh and will not be returned.

All costs associated with proposal preparation shall be borne by the applicant.

3. Evaluation Phases

Selection Procedure

Your Proposal will be evaluated by a Proposal Committee comprised of the Director or other supervisor of the Using Department, one or more members of the Director’s staff, at least one member of the

Office of Management & Budget and any other department representatives as deemed necessary.

Submittals will be reviewed for responsiveness, and responsive submittals will further be screened by a selection committee in accordance with the criteria listed below. The firm(s) submitting the highest rated proposal may be invited for interviews.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm’s Qualifications, Experience and

References

Vendor response demonstrated that the firm has the experience and capabilities to successfully perform the scope of services, including providing references for clients of similar size and scope.

Points Based 15 (37.5% of Total)

2. Qualifications of Team

Vendor response provided a brief summary of the qualifications and experience of each team member assigned to this project, including length of service with the firm and resume/bio, and the qualifications /experience of any sub-consultant staff on your project team.

Points Based 15 (37.5% of Total)

3. MWDBE/VOSB Good Faith Effort

Vendor response was detailed and demonstrated clear Good Faith Effort to obtain

MWDBE & VOSB Participation.

Points Based 10 (25% of Total)

4. Equal Opportunity Review Commission Terms

4.1. MWE/DBE

The City of Pittsburgh is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of Minority-Owned

Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under City contracts. The levels of MBE and WBE participation will be monitored by the City of

Pittsburghs Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered

Contracts, and consistent with the City's current equal employment opportunity practice and goals, the

EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.

4.2. Veteran-Owned and LGBTQIA+ Small Business Goals

It is also the City's goal to encourage participation by veteran-owned and LGBTQIA+ small businesses in all contracts. The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses and not less than three (3) percent participation by

LGBTQIA+ businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under City contracts. The levels of participation will be monitored by the City of Pittsburgh’s EORC.

4.3. Good Faith Commitment

In order to demonstrate good faith commitment to these goals, all respondents are required to complete and submit with their bids the attached MWDBE/Veteran-Owned/LGBTQIA+ Solicitation and

Commitment Form (which details the efforts made by the respondents to obtain such participation).

Failure to submit a properly completed form along with documentation of Good Faith Commitment may result in rejection of the bid. Participants are encouraged to contact the Equal Opportunity Review

Commission at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and

Section 161.40 of the City Code.

5. Award and Contract

5.1. Award

After the City has received all Proposals and conducted its initial Evaluation, described above, the

Proposal Committee may invite one or more Respondents to a follow-up interview to further discuss their Proposal(s).

The Proposal Committee may decide to accept the Proposal of one or more Respondents. It may decide to reject all proposals. Once a Proposal is accepted, the contract negotiation process will commence.

This ITQ and your response to it, in the form of your entire Proposal, will become part of the Contract. If a real or apparent conflict should arise between this ITQ/Proposal and other language contained in the final Contract, the language of the final Contract shall control.

5.2. Contracting Process

Successful Respondents will be required to enter into a Contract with the City of Pittsburgh, contingent upon the approval of City Council. This Contract will be directed and managed by the issuing department and the Office of Management & Budget.

Work cannot commence on the Scope of the ITQ until it a contract is fully executed. The City cannot process invoices nor approve payments until this Contract has been fully executed by the Respondent and all required City signatories, including the issuing department, the Law Department, and the City

Controller.

City laws and policies mandate the incorporation of various custom terms and conditions into all City contracts. For this reason the City will not sign any standard contract proffered by the respondent.

An agreement shall not be binding or valid with the City unless and until it is fully executed by authorized representatives of the City and of the Proposer. Once the Contract is fully executed the City will notify Respondent in writing and give the order to proceed.

6. General Terms & Conditions

6.1. Examination of Proposal Documents

A. The submission of a proposal shall be deemed a representation and certification by the

Respondent that they:

1. Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of the proposal.

2. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.

3. Represent that all information contained in the proposal is true and correct.

4. Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation or other proposer in regard to the amount, terms or conditions of this proposal.

5. Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by a proposer, and proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.

B. No request for modification of the proposal shall be considered after its submission on the grounds that the proposer was not fully informed to any fact or condition.

6.2. RFP Term

Respondent’s proposal shall remain firm and effective, subject to the City’s review and approval, for a period of one hundred twenty (120) days from the closing date for the receipt of proposals.

The City may enter into negotiations with one or more Respondents during the one hundred twenty

(120) day period during which all proposals will stay effective. The purpose of such negotiations will be to address questions and identify issues as the parties move towards the execution of a final contract or contracts.

6.3. RFP Communications

Unauthorized contact regarding this RFP with employees or officials of the City of Pittsburgh other than the RFP Coordinator named in the header section of this solicitation may result in disqualification from this procurement process.

Neither Respondent(s) nor any person acting on Respondent(s)’s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Pittsburgh, their families or staff members.

All inquiries regarding the solicitation are to be directed to the designated RFP Coordinator. Outside of pertinent RFP questions directed to the City of Pittsburgh as specified above, any other attempts to contact any City of Pittsburgh personnel regarding this RFP, without prior approval by the RFP

Coordinator will be considered grounds for dismissal and immediate disqualification from the RFP process. This includes, but is not limited to, all verbal, voice, text, e-mail, and social media (e.g. –

LinkedIn) contact.

Please note the following:

A. The City shall not be responsible for nor bound by any oral instructions, interpretations or explanations issued by the City or its representatives.

B. Each proposer shall assume the risk of the method of dispatching any communication or proposal. •The RFP Coordinator must receive all written comments, including questions and requests for clarification, no later than the Deadline for Submission Questions listed in the tentative project schedule.

C. The City reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification. The City’s official responses and other official communications pursuant to this RFP shall constitute an addendum of this RFP.

D. The City will publish all official responses and communications pursuant to this RFP to the City of

Pittsburgh procurement website. It is the responsibility of each proposer to check the site and incorporate all addenda into their response.

E. All addenda for this RFP will be distributed via the City of Pittsburgh procurement website at procurement.pittsburghpa.gov/beacon/opportunities

F. Only the City’s official, written responses and communications shall be considered binding with regard to this RFP.

6.4. Addenda/Clarifications

Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the RFP Coordinator within the Question and Answer tab.

6.5. Withdrawal of Proposals

A proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in this RFP by delivering a written request for withdrawal signed by, or on behalf of, the proposer.

6.6. Public Record

Respondent, by submittal of a proposal, acknowledges that all proposals may be considered public information in accordance with the Commonwealth of Pennsylvania Right to Know laws. Subject to award of this RFP, all or part of any submittal may be released to any person or firm who may request it.

Therefore, proposers shall specify in their proposal response if any portion of their submittal should be treated as proprietary and not releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.

Any information considered proprietary should be indicated as such or not included in the response.

6.7. Non-Conforming Proposal

A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.

6.8. Disqualification

Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

A. Evidence of collusion, directly or indirectly, among proposers in regard to the amount, terms or conditions of this proposal;

B. Any attempt to improperly influence any member of the evaluation team;

C. Existence of any lawsuit, unresolved contractual claim, or dispute between the proposer and the

City;

D. Evidence of incorrect information submitted as part of the proposal;

E. Evidence of proposer’s inability to successfully complete the responsibilities and obligation of the proposal; and

F. Proposer’s default under any previous agreement with the City, which results in termination of the agreement.

6.9. Restrictions on Gifts & Activities

The City of Pittsburgh Ethics Code and Chapter 197 of the City Code (Code of Conduct) was established to promote public confidence in the proper operation of our local government. These resources outline the requirements for disclosure of interests and restricted activities as related to public procurement processes. Proposers are responsible to determine the applicability of these requirements to their activities and to comply with its requirements.

6.10. Rights of the City of Pittsburgh

This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract.

The City reserves the right to:

A. Reject any and all proposals;

B. Issue subsequent Requests for Proposals;

C. Cancel this RFP with or without issuing another RFP;

D. Remedy technical errors in the Request for Proposals process;

E. Approve or disapprove the use of particular sub-consultants;

F. Make an award without further discussion of the submittal with the proposer (therefore, the proposal should be submitted initially on the most favorable terms that the firm or individual might propose);

G. Meet with select proposers at any time to gather additional information;

H. Make adjustments to the scope of services at any time if deemed by the Office of Management and Budget to be in the best interest of the City;

I. Accept other than the lowest offer.

J. Waive any informality, defect, non-responsiveness, or deviation from this RFP that is not material to the Respondent’s proposal;

K. Reject the proposal of any Respondent who, in the City’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the City;

L. Reject the proposal of any Respondent who, in the City’s sole judgment, is financially or technically incapable of performing in accordance with this RFP;

M. Negotiate with any, all, or none of the Offerors and to enter into an agreement with another

Offeror in the event that the originally selected finalist defaults or fails to execute an agreement with the City.

N. Award a contract to the firm(s) that presents the best qualifications and whose proposal best accomplishes the desired results; and/or

O. Enter into an agreement with another proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City.

P. Require a performance bond and/or other “failure to deliver” agreement by the awardee at time of contracting.

7. Miscellaneous Requirements

7.1. Acknowledgements

A. Conflict of Interest- By submission of a proposal to this solicitation, Respondent agrees that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the services required under this IFQ.

B. Code of Ethics- By submission of a proposal to this solicitation, Respondent agrees to abide by the Code of Ethics of The City of Pittsburgh. The full Ethics Handbook can be found here:http://pittsburghpa.gov/humanresources/files/policies/10_Ethics_Handbook.pdf

C. Fair Trade Certification- By responding to this solicitation, the Respondent certifies that no attempt has been made, or will be made, by the Respondent to induce any other person or firm to submit or not to submit a submission for the purpose of restricting competition.

D. Non-Disclosure- By responding to this solicitation, the Respondent acknowledges they may be required to sign a Non-Disclosure Agreement during the contracting process if they are the successful respondent.

E. Debarment - This solicitation is also subject to Section 161.22 of the City of Pittsburgh Code related to debarment from bidding on and participating in City contracts.

F. Financial Interest- No proposal shall be accepted from, or contract awarded to, any individual or firm in which any City employee, director, or official has a direct or indirect financial interest in violation of applicable City and State ethics rules. Entities that are legally related to each other or to a common entity which seek to submit separate and competing proposals must disclose the nature of their relatedness.

G. Full Fee Disclosure- Pursuant to Section 161.36 of the Pittsburgh City Code, a Respondent must include a disclosure of any finder’s fees, fee splitting, firm affiliation or relationship with any broker-dealer, payments to consultants, lobbyists, or commissioned representatives or other contractual arrangements of the firm that could present a real or perceived conflict of interest.

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8. Scope of Work

8.1. Scope of Work

The City of Pittsburgh, by and through the Law Department, is seeking to retain Outside Counsel to provide legal advice and representation on an as-needed basis in situations in which the City Solicitor determines that the Department (1) does not have adequate expertise to handle or advise on the matter; (2) does not have adequate personnel to handle or advise on the matter; or (3) has an actual conflict of interest.

The City may select more than one firm to provide as-needed legal services. The successful proposers will be used, as specified above, on a rotating basis. Proposers providing legal services must be qualified and licensed to practice law in the Commonwealth of Pennsylvania.

A. Area of Law. Outside Counsel would perform general legal services (i.e., legal advice and representation) for civil rights defense and 42 U.S.C Section 1983 claims.

B. General Legal Services. Services must be performed as efficiently and expeditiously as possible.

The services will be directed by the Office and may include some or all of the following:

• Providing review, analysis and application of relevant law;

• Representing the City as a plaintiff or defendant in litigation;

• Preparing a litigation plan and budget;

• Compiling evidence and drafting demand letters, claim notices, and/or complaints;

• Drafting and arguing responsive pleadings, pretrial motions and writ proceedings;

• Conducting discovery, both offensive and defensive;

• Interviewing and deposing witnesses;

• Engaging in trial preparation, including the retention of trial consultants and experts;

• Conducting trial as well as post-trial motions;

• Handling appeals, interlocutory and post-trial;

• Representing the City in negotiation and settlement proceedings; and

• Participating in meetings, personal conferences, telephone conferences, discussions, and other communications and proceedings.

8.2. Represent the City as plaintiff or defendant in relevant litigation

• Prepare a litigation plan & budget;

• Provide review, analysis, and application of relevant law;

• Compile evidence, draft demand letters, claim notices, and/or complaints;

• Conduct discovery - whether offensive or defensive;

• Interview/depose witnessses;

• Conduct trials, as well as post-trial motions;

• Handle appeals, interlocutory actions, and post-trial;

• Represent City in negotiation and/or settlement proceedings;

• Participate in meetings, personal conferences, telephone conferences, discussions, and other related communications and proceedings

8.3. Term

Unlike previous Invitations to Qualify, the application process will be ongoing. The maximum term for all categories solicited by this Solicitation is THREE (3) years. The Maximum Term shall begin the date of execution of the first contract arising from this Solicitation and shall end at the original date of the initial contract execution.

Vendors are welcome to submit their proposals at any time, up to six (6) months prior to Maximum

Term end.

8.4. Experience & Qualifications

• Provide the following information about the individual attorney who will be primarily responsible for advising or representing the City (“Primary Attorney”): (i) education, (ii) employment history, (iii) experience in the civil litigation generally and 42 U.S.C. Section 1983 claims specifically, and (iv) experience advising or representing governmental agencies.

• Identify any other individuals within your firm who you anticipate would be involved in advising or representing the City and what those individuals’ roles would be with respect to advising the

City. Provide a summary of each person’s:(i) education, (ii) employment history, and (iii) experience as described in Section C.i. Be aware that for an engagement of this nature, the City expects to deal principally, if not exclusively, with the Primary Attorney.

• Describe any particular expertise your firm can provide with respect to advising the City for the legal services in Section A.

• Provide the names and contact information of at least three (3) representative clients, preferably public entity clients, for which the Primary Attorney or firm currently or has previously served as similar counsel.

• Provide a statement of whether the Primary Attorney and the firm have litigated or settled any past claims related to providing similar services within the past ten (10) years, and whether they have any current claims pending against them related to providing similar services.

• Provide proof of insurance and coverage amounts for all legal malpractice and professional liability policies the firm carries.

• Provide a brief history of the firm. Disclose whether there have been any significant business developments within the past three years, such as mergers, restructuring, or changes in ownership. Provide a firm resume if one is readily available.

• Provide a brief description of the firm’s relevant practice areas.

• Provide a list of any relevant training, seminars, CLEs, special recognition, or publications attributable to the Primary Attorney.

9. Vendor Questionnaire

9.1. Qualifications and Proposal Upload*

Please upload your Firm's Qualifications, Team Qualifications, and complete packet for City consideration, here.

*Response required

9.2. Equal Opportunity Review Commission (EORC) Participation Form* Please download the below documents, complete the Pre-Award Good Faith Checklist, and upload.

Failure to complete the Pre-Award Good Faith Checklist may result in the City deeming your proposal/response non-responsive. Any awardees will be required to complete the full EORC

Participation Forms and process prior to contract execution.

• 2024_EORC_Participation_For...

*Response required

9.3. Vendor Contact Sheet*

Please download the below documents, complete, and upload.

• Blank_Vendor_Contact_Sheet.pdf

*Response required

9.4. Vendor Registration Form*

Please download the below documents, complete, and upload.

• Blank_Vendor_Registration_F...

*Response required

9.5. Authorized Signatory*

Provide the name, title, & email address of the authorized signatory for your company (for details on who is considered an authorized signatory, please look at our terms & conditions section)

*Response required

9.6. W-9*

Please download the below documents, complete, and upload.

• W9.pdf

*Response required 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