Legal Services-Complex Litigation Panel Counsel

The Commonwealth of Kentucky's Office of the Attorney General (OAG) is seeking legal services for complex litigation panel counsel through a Request for Proposal (RFP) soliciting qualified legal firms to provide legal representation on an "as needed, if needed" basis. The procurement targets legal services for investigating and pursuing potential legal actions involving violations of the Kentucky Consumer Protection Act, Medicaid statutes, antitrust laws, and other state or federal statutes. Successful respondents will be expected to independently assist the OAG in multi-state, multi-defendant litigation scenarios, with the ability to advance all litigation costs including expert witnesses and consultants. The RFP was released on July 28, 2025, with proposals due by September 17, 2025, at 3:00 PM ET, and the initial contract term is anticipated from October 15, 2025, through June 30, 2026. Evaluation will be comprehensive, with a maximum of 2,300 technical points and potential for an additional 100 points through oral presentations. The OAG will retain full direction of litigation, including decisions about initiating actions, selecting defendants, and approving settlements.

The contract will be structured on a contingency fee basis with strict fee percentage caps regulated by Kentucky Revised Statute 45A.717, including 20% for amounts up to $10 million, 15% for amounts between $10-15 million, 10% for amounts between $15-20 million, and 5% for amounts over $20 million, with a maximum contingency fee of $20 million. There are no specific set-aside designations or restrictions on participating organizations mentioned in the documentation. The procurement is not mandatory, and the OAG reserves the right to contract outside this agreement based on specific needs. While no incumbent vendors are explicitly identified, the RFP emphasizes the need for experienced legal counsel with capabilities in complex litigation. Potential award values are not directly specified, but the contingency fee structure suggests significant potential financial recovery. The contract includes provisions for potential renewals to allow conclusion of ongoing cases, indicating a flexible and long-term approach to legal service procurement.