Legal Services RFR Q&A (as posted 4-29-21).docx
DOCX document 28 KB Posted
- Attached to
- GENERAL LEGAL SERVICES MASSDOT AND MBTA
- Solicitation number
- BD-21-1030-0P100-0P041-63505
- Issued by
- Massachusetts
About this file
This document is a Question and Answer (Q&A) document related to a Request for Response (RFR) for legal services issued by the Massachusetts Department of Transportation (MassDOT) and the Massachusetts Bay Transportation Authority (MBTA). The RFR seeks proposals for a wide range of legal services, including those related to real estate transactions, compliance, and litigation support. Respondents must have attorneys licensed to practice in the United States, and certain services require licensure in Massachusetts specifically. The RFR provides information on current legal service contracts, performance metrics, and the anticipated budget for FY 2022. Additionally, the RFR includes requirements related to the Commonwealth's Supplier Diversity Program (SDP), which mandates a minimum 10% commitment of the total evaluation score to SDP participation.
The pricing structure for the legal services contracts will be based on hourly rates or flat fees, with the office of the General Counsel requiring the best government pricing. The RFR does not name any incumbent vendors, but indicates that MassDOT and the MBTA currently work with a range of law firms, from small local firms to large international firms, based on the specific matters. Funding for the legal services will come from the operating budgets of MassDOT and the MBTA, with some real estate development projects potentially reimbursing the agencies for legal costs.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| MassDOT MLSA with Task Order.pdf | ||
| MassDOT Standard Contract Form~45.doc | DOC document | |
| SDP_Plan_Form~12.xlsx | XLSX spreadsheet | |
| MassDOT and MBTA Legal Services RFR Amended 6.4.2024.docx | DOCX document | |
| Master Legal Services Agmt - MBTApdf.pdf | ||
| MassDOT MLSA with Task Order - Final 2.1.2024.pdf | ||
| prompt-pay-discount~5.pdf | ||
| MassDOT Terms and Conditions~88.doc | DOC document | |
| MBTA MLSA with Task Order - Final 2.1.2024.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Legal Services RFR Question
| Subject |
| Question |
| Answer |
Practice of Law
Are all attorneys on a proposing team required to be licensed in the Commonwealth of Massachusetts, or is a team required to have a minimum of one attorney licensed in the Commonwealth? If the latter is true, can the attorney licensed in the Commonwealth be a subcontractor to the prime law firm?
Depending upon the nature of the services, attorneys who submit to this solicitation may not required to be admitted to practice in this jurisdiction but must be admitted in another United States jurisdiction and not be suspended or disbarred in any other jurisdiction. Representation of MassDOT in litigation requires licensure in the Commonwealth.
Current Vendors
Which firms are currently providing legal services with same scope of services in this solicitation, and what is the hourly or flat fee pricing for MASSDOT and MBTA?
MassDOT and the MBTA currently work with a wide range of law firms from small local firms to large international firms depending upon the matter. We have entered into engagements based upon hourly rates and other alternative fee arrangements based upon the matter. We require firms to provide their best government pricing.
Current Contracts
Could you provide online link(s) where contracts can be viewed or provide legal services contracts that are current or have expired in the last 2 years?
The Master Legal Services Agreements for the MBTA and MassDOT are exhibits to the RFR and are the legal services contracts that are currently in place with all of our current outside counsel firms. Task Orders are not publically available.
Matters Referred
What types of real estate matters have been assigned to outside counsel?
Legal services assigned to current outside counsel are related to the numerous and complex real estate transactions undertaken by both MassDOT and the MBTA. The services include reviewing, drafting, negotiating, and interpreting legal documents for real estate matters in which MassDOT and/or MBTA is a party, including sales and acquisitions, short and long term leases, licenses, easements, permits, and agreements related to complex ground leases, air rights, land swaps, and transit oriented development projects. Counsel also provides advice and assistance to MassDOT and MBTA to ensure compliance with federal and state law and national best practices, including identifying risks and risk allocation and mitigation solutions.
Contract Spend
What has the past three years (FY 2019-2021) contract spend been for MASSDOT and MBTA for real estate legal services and related litigation?
For complex real estate development projects in which law firms are engaged the legal services are reimbursed by third parties and are dependent on the size and complexity of the project. Budget and spend are dependent upon a number of factors that vary over time.
Contract Budget
What is the anticipated budget for outside counsel real estate legal services and related litigation for FY 2022?
Budgets for individual matters are developed when the scope of a Task Order for the matter is being finalized and can change during the course of a matter as the scope of the services required for the matter changes.
Performance Metrics
| Are there any performance metrics currently being tracked related to MASSDOT and MBTA legal service vendors? |
| The Office of the General Counsel continuously evaluates the work performed by outside counsel for quality and timeliness of work product and services delivered, availability to us as a client, resources assigned to perform the work, and cost of services provided. |
SDO Subcontractors
| Which Supplier Diversity Office certified or verified vendors have been a subcontractor to MASSDOT and MBTA for legal service contracts? |
| The SDP section of this RFR is new as of January 1, 2021 – SDO's website has a searchable database of certified businesses: https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx |
SDP Spend
| What is the average % spend with SDP partners for prime contractors of MASSDOT and MBTA legal services in the most recent contract? What is the requested minimum % SDP subcontractor spend for this contract? |
| As of Jan. 1, 2021, two categories of spend are permitted: (1) subcontracting, and (2) ancillary services. Subcontracting would be using a certified diverse business to provide services under the agreement, but ancillary services may be unrelated to the services provided to the Commonwealth. |
Proposers should be able to either find a business they already obtain services/products from that is certified, or identify a new one. Examples of ancillary might be your current CPA, office cleaners, etc. Also, SDO's website has a searchable database of certified businesses: https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx
MassDOT and the MBTA are strongly committed to working with business partners who provide opportunities for businesses and individuals who have historically been underrepresented. Bidders may also submit specific examples of current and past commitments to diversity including specific examples of training, mentoring, resource sharing, and assistance that was aimed toward increasing participation of businesses and individuals who have historically been underrepresented.
Electronic Signature
| Will Docusign electronic signature be acceptable for solicitation forms? Will the Contractor Authorized Signatory Listing Proof of Authentication of Signature be required (with wet signature and notarization) if electronic signature is being utilized? |
| Docusign signed copies of all required forms will be acceptable initially. If wet ink signatures become necessary, MassDOT will contact bidders individually. |
Page Limits,
| Please clarify which if any of the following are included in the 15 page proposal limit: a. Price proposal including fee schedule and cost table b. All Commonwealth of MA required forms |
| Both the Price Proposal and all of the Commonwealth required forms are not included in the 15 page limit. |
The contractor authorized signatory form offers two options to complete, one being notarization. Please review the directions on the form and follow the second option if you wish to avoid having the document notarized.
Price Proposal
| Is there a preferred format for the Price Proposal including fee schedule and cost table? |
| The Office of the General Counsel is requesting proposed hourly rates or flat rates based upon a best government rate. Final rates are not approved until a scope is defined and a Task Order is approved. Please see Section 5. Billing Policy and Procedures of the Master Legal Services Agreements which clearly defines allowable fees for services and allowable and non-allowable costs. |
SDP Requirement
| Please confirm MassDOT and MBTA are looking for a percentage commitment at this time, and not a named SDP firm, for SDP Plan Form #1. In addition, on page 8 of the RFR, it states "SDP Plans will be evaluated at 10% or more of the total evaluation criteria. Can you please confirm if this means that at least 10% of our total evaluation score will depend on the percentage of sales commitment to an SDP? If no, please clarify. Alternatively, please advise if this procurement should be considered a “Small Procurement.” |
| In accordance with SDP Form #1, the Office of the General Counsel for MassDOT and the MBTA is looking for a percentage committed and not named SDP firms. In accordance with SDP Plan requirements section of the RFR, at least 10% of proposer evaluation scores will be based on SDP Plans submitted. Two categories of spend are permitted: (1) subcontracting, and (2) ancillary services. Subcontracting would be using a certified diverse business to provide services under the agreement, but ancillary services may be unrelated to the services provided to the Commonwealth. |
MassDOT and the MBTA are strongly committed to working with business partners who provide opportunities for businesses and individuals who have historically been underrepresented. Bidders may also submit specific examples of current and past commitments to diversity including specific examples of training, mentoring, resource sharing, and assistance that was aimed toward increasing participation of businesses and individuals who have historically been underrepresented.
Page Limit
| Please confirm if the 2-page cover letter, forms, a table of contents, appendices and page dividers are excluded from the 15 page response limit. |
| They are excluded from the 15 page response limit. |
RFR Checklist
| On Page 18 of the RFR, there is mention of an RFR Checklist, but it is not included in the forms document nor is it mentioned elsewhere in the RFR. Can you please provide the RFR checklist or confirm that it is not required for this response? If required, please confirm if the checklist is to be included in the response and if it is included in the 15 page response limit. |
| The RFR Checklist is not a required form for this RFR. |
2016 RFP
| Section 22 of the MassDOT master agreement for the RFR states that the MassDOT T&Cs and MassDOT standard contract form are only required if we had been prequalified to provide services to MassDOT under the 2016 RFP. Can you please tell me if Foley Hoag was prequalified under the 2016 RFP? Thank you. |
| The Master Legal Services Agreements will be amended to change this reference to the 2021 RFR. All bidders are required to sign the MassDOT standard contract documents. |
| M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified |
| The RFR requires that all bidders make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs and/or SDVOBEs certified or verified by the Supplier Diversity Office (SDO). Given the specialized nature of services requested in the RFR, is this requirement applicable to the RFR? |
| Yes, the SDP is required for professional services including the legal services that are the subject matter of this solicitation. As of Jan. 1, 2021, two categories of spend are permitted: (1) subcontracting, and (2) ancillary services. Subcontracting would be using a certified diverse business to provide services under the agreement, but ancillary services may be unrelated to the services provided to the Commonwealth. |
Proposers should be able to either find a business they already obtain services/products from that is certified, or identify a new one. Examples of ancillary might be your current CPA, office cleaners, etc. Also, SDO's website has a searchable database of certified businesses: https://www.sdo.osd.state.ma.us/BusinessDirectory/BusinessDirectory.aspx
File details come from the government source that posted it. Updated .