Legal Services-Complex Litigation Panel Counsel

The Commonwealth of Kentucky's Office of the Attorney General (OAG) is soliciting proposals for Legal Services-Complex Litigation Panel Counsel through RFP 040 2600000030, specifically targeting law firms capable of investigating and pursuing legal actions related to potential violations of the Kentucky Consumer Protection Act, Medicaid, antitrust, and other state or federal statutes. The procurement seeks to establish contracts with legal counsel on an "as needed, if needed" basis, with the initial contract term running from October 15, 2025, through June 30, 2026. Proposing law firms must demonstrate extensive experience in complex litigation, consumer protection, and investigative capabilities. The evaluation will be comprehensive, allocating up to 2,300 points for technical proposals that detail background, experience, technical approach, and work schedule. Key submission details include a proposal due date of September 17, 2025, at 3:00 PM ET, with written questions having been due by August 15. Successful contractors will be required to advance all litigation costs, including travel, expert witnesses, and other expenses, with potential reimbursement subject to OAG approval.

The solicitation is open to law firms from various states, with a critical requirement that out-of-state vendors obtain a Certificate of Authority to Transact Business in Kentucky, either granted or pending at submission time. Pursuant to KRS 45A.480(1)(b), foreign entities must meet specific registration requirements under KRS 14A.9-010 to be eligible for contract award. The compensation structure is contingency-based, with fee percentages capped according to Kentucky Revised Statutes: 20% for amounts recovered up to $10 million, descending to 5% for amounts over $20 million, with a total contingency fee not exceeding $20 million. The OAG reserves the right to award contracts to multiple attorneys or firms and may reject all proposals if deemed appropriate. Funding is contingent on availability, and the contract will not be effective until approved by the Finance and Administration Cabinet and filed with the Legislative Research Commission's Government Contract Review Committee. This procurement is distinct from a previous complex litigation panel counsel contract (RFP 040 2500000106), meaning previously awarded firms are not automatically included and must submit independent bids.