RFP_questions_July_6 _2016.pdf

RFP TVA-062016-OGC

1. Does the TVA have a need for close out and recovery audits to ensure contract compliance and fulfillment?

These types of services are not requested in connection with this RFP.

2. What types of intellectual property does the TVA have?

TVA is a federal agency and is therefore subject to the limitations of 17 U.S.C.

§ 105. Typically, TVA’s outside legal services related to intellectual property are associated with patents that it holds or is seeking.

3. Is there an incumbent contractor for legal services?

Yes. TVA has existing contracts with multiple firms.

4. 2.2 References and Representative Cases. The RFP states that offeror shall provide a reference for at least two clients for which it has provided the types of legal services offered. To clarify, should offeror provide two references for each and every type of legal services that we propose – meaning if we submit credentials for litigation; regulatory; nuclear licensing and safety; transactions, etc., each substantive area should have two references OR do you request two references overall from each offeror?

One client can be provided as a reference for multiple types of legal services provided that the client has received the types of services offered to TVA. For example, if you offer litigation and nuclear safety services, four references are required unless a fewer number of references have received both litigation and nuclear services from your firm.

5. 3.1.a.11. Value added activities (e.g. user groups). We fully grasp “value added activities”, but would like to clarify how TVA defines “user groups.” Our assumption is that you reference user groups meaning TVA’s key stakeholders and/or end users. This link provides insights on your three subcategories of customers: https://www.tva.gov/Energy/Our-Customers

Firms are encouraged to offer any types of user groups that they believe could be beneficial to TVA. TVA staff and the staffs of other utilities, rather than its customers, most often are the participants in contractor run/facilitated user groups.

6. Are other firms allowed to come to TVA and ask questions prior to submitting the response.

No. At a later stage in the RFP process (after proposals have been received), TVA may invite certain firms to provide an onsite presentation.

7. Has a contractor performed similar work to this for the government in the past? If available, please provide the incumbent contract number.

TVA utilizes multiple firms for various legal services. Some, but not all, of the services identified in the RFP are presently provided to TVA by outside law firms. As stated in the RFP, TVA intends to utilize firms and individual practitioners for specialized services, to meet emerging needs, and to relieve periodic staff overload.

If you are unable to provide a contract number, is it safe to assume this is a new requirement for the government?

Please see above response.

8. Can you provide clarification on what type of legal services you have in mind for

“procurement”? Does this mean government contracts legal services? Or does it mean engineering, procurement, and construction contract assistance? Or perhaps something else?

The legal services related to procurement could include legal services with regard to any aspect of TVA’s acquisition of goods or services. This could include, but is not limited to, services unique to government procurements.

Note that the RFP also references “construction contracting” and “transactions.” Firms may offer procurement related legal services and/or EPC contract legal services.

9. Could you explain what you mean by the “interface point with TVA” in Section

6.2.a.4.a).5), where you request that law firms describe how the proposed service will be managed?

Please detail to whom and how TVA will communicate with your law firm.

For example: (i) will you have a primary designated contact within your firm for all legal services provided to TVA or multiple contacts based on practice areas, and (ii) do you anticipate scheduled and recurring meetings?

10. For Attachment 2, Proposed Rates and Pricing, you provided a table that lists several different position titles. Can you clarify whether TVA is requesting rates per category of attorney or whether law firms should provide rates for each specific lawyer named in the RFP response?

For attorneys that would play a key role in rendering services, rates should be per attorney. Otherwise, rates should be per category of attorney

11. Can you provide clarification on what type of legal services you have in mind for

“realty”? Does this mean real estate closings, easements, and such? Or are you looking for legal advice regarding transmission siting? Or possibly something else?

Each of these types of services could be offered. However, TVA anticipates that it will continue to handle most of its realty work internally. TVA would most likely seek assistance in the realty area for specialized expertise and opinions about points of property law.

12. Can you explain what type of legal service you have in mind for “strategic advice”?

Without limitation, strategic advice could include advice with regard to the fast-changing utility marketplace.

13. Can you please give us any sense of how much “retirement benefits” work you envision being covered by this RFP, in terms of number or hours worked and/or fees paid?

TVA’s current spend on legal services related to retirement benefits is minimal, however future needs could change.

14. Can you please clarify what you are looking for regarding “retirement benefits?” Does it include the following areas?

a. Qualified plan drafting, submission and compliance work

b. Board/Equity/Executive compensation

c. Transactional

d. Health and welfare including ACA and HIPAA issues

e. Fiduciary work including plan investments

f. Fringe benefit work

g. State and local issues

h. Other --- please specify.

TVA does not anticipate needing legal services in the benefits area for (i) qualified plan drafting, submission, and compliance, (ii) fiduciary work including plan investments, or (iii) transactional work. As a federal agency, it would be unlikely that TVA would require assistance for “state and local issues.” TVA is not subject to ERISA. Further, TVA does not issue stock and therefore does not require counsel for equity compensation matters.

As examples, TVA may require assistance in reviewing non-qualified plans, 409A issues, HIPAA, ACA, and fringe benefit issues.

15. On the Supplier Information Form under Diversity Status, does “Mentoring

Program Participant” refer to any mentoring program or is it a TVA-specific or other specific mentoring program?

Certain federal agencies offer a formal, voluntary mentoring program. If you are a participant in one of these federal agency programs, please indicate as such on the form.

16. With regard to labor and employment, are you also interested in OSHA capabilities?

Yes.

17. On page 7, bullet #5. When you say: “Interface points with TVA.” Are you interested in prior work experience with TVA?

Please see response to question 9 above. Relevant TVA work experience should be described in response to the experience portion of your submittal.

18. Is our submittal privileged and confidential?

Yes.

19. Are there specific areas of IP you are interested in? For example, patent or trademark law?

Please see response to question 2 above.

20. Are you interested in firm level references or references for each legal service described in the submittal? How many references would you like us to provide in total?

Please see response to question 4 above.

21. The RFP at Sections 3.1 (a)(11) and Section 6.2 (a) 3.(a)(5). uses the term “user group” in connection with “value added” activities. Please provide additional information on what is meant by “user group.” We often make available in-house Continuing Legal Education (CLE) programs to clients’ in-house legal staff on a variety of topics/issues, many of which are the subject of TVA’s RFP. Would such CLE programs be considered “value added” benefits similar to “user group” programs?

Please see response to question 5 above. Yes, CLE is considered by TVA to be a value added activity.

22. The RFP seeks outside counsel support on intellectual property matters. Our firm offers a wide range of services and guidance on intellectual property issues. Any additional information regarding the types of intellectual property concerns that are relevant to TVA would help us tailor our response to focus on our IP capabilities that would best fit your needs.

Please see response to question 2 above.

23. The RFP, at Sections 4(a)(10), (11) and (12), requests information on organizational structure of the Firm. Please elaborate on the information that TVA would like to have made available. Is it sufficient to describe the Firm’s legal structure and basic internal operational structure, or is more information desired?

TVA is not seeking every detail of a firm’s organization. However, information regarding a firm’s structure should be detailed enough in order to demonstrate a firm’s capabilities, stability, and strengths.

24. Section 7 (a)(4) requests annual reports including financial statements, including balance sheets, income statements and other financial reports. The Firm, as a private partnership, does not disclose such information, but does make information available to various legal reporting agencies regarding the firm’s revenues and partnership distributions. Is such publicly available information sufficient to fulfill the RFP request?

Your proposal submission is proprietary and confidential under federal law.

A failure to submit requested information could negatively impact your evaluation. TVA may seek additional information at a later stage in the RFP process if your initially submitted financial information is insufficient.

25. Is the TVA amenable to a single submission from two collaborating firms?

Yes.