KDFWR - Contingency Fee for Legal Services

The Kentucky Department of Fish and Wildlife Resources (KDFWR) is seeking legal services through a contingency fee-based procurement for fund recovery related to a terminated Master Agreement MA 758 1900000427 involving a commercial fish harvest and distribution operation in Ballard County. The Request for Proposal (RFP) solicits qualified law firms to recover funds owed to the Commonwealth of Kentucky, with a specific focus on assessing and pursuing legal action against parties associated with a previously established Asian carp removal initiative. Proposals are due by 12:00 PM ET on October 31, 2025, with an anticipated initial contract term from November 10, 2025, through June 30, 2026. The evaluation process will comprehensively assess proposals across three primary categories: technical proposal (800 points), cost proposal (200 points), and potential oral presentations (200 points). Key evaluation criteria include prior experience in government debt collection, familiarity with Kentucky procurement law, litigation coordination capacity, financial stability, and personnel qualifications. The contingency fee structure is strictly regulated by Kentucky Revised Statute 45A.717, with a sliding percentage scale ranging from 20% for amounts up to $10 million to 5% for amounts over $20 million, with a total contingency fee cap of $20 million.

The procurement appears to have no specific set-aside designations or restrictions limiting respondents, though bidders must complete mandatory affidavits verifying compliance with state procurement requirements, including campaign finance law, resident bidder status, and qualified bidder declarations. Vendors must demonstrate authorization to conduct business in Kentucky, prove a one-year history of filing state corporate income taxes, maintain workers' compensation policies, and provide unemployment insurance fund documentation. While no incumbent vendors are explicitly identified, the contract is associated with a previously terminated commercial fish harvest agreement with Kentucky Fish Center, LLC, which had an original contract period from October 1, 2018, through December 31, 2024. The potential award value is directly tied to the recovered funds, with the contingency fee structure potentially generating up to $20 million in legal service compensation. Interested law firms must have attorneys admitted to practice in Kentucky and be prepared to provide comprehensive case assessment, recovery efforts, litigation management, and monthly reporting services throughout the contract period.