Company InformationAnswers to Questions Received
Q1: Would LIPA disqualify a firm that provides a considerable amount of legal services to National Grid/KeySpan?
A1: As indicated in the RFP (Section VI. A(5)), firms must identify the nature and extent of their representation of National Grid/KeySpan (and others listed) and further certify that its representation of LIPA will not create any conflict of interest involving that firm. Providing legal services to National Grid/KeySpan may constitute a conflict of interest depending on the type of legal services being provided. Proposers must consider the nature of any such representation and be able to certify in good faith that no actual conflict clearly exists involving the firm. Potential conflicts should be disclosed and will be considered by LIPA during its review of the proposals; however, the greater the amount of services provided to National Grid/KeySpan, the more likely it is that the firm would be of limited value to LIPA.
Q2: Is LIPA considering separate employment/workplace law counsel or are other practice areas required in responding to the request for proposals?
A2: As indicated in the RFP, proposers may submit proposals to provide all or a portion of the services sought by LIPA. Thus, LIPA expects to engage more than one firm as a result of this RFP process.
Q3: What is the “offer number” for this RFP as required for the “Affirmation of Understanding & Compliance”?
A3: No offer number(s) has been assigned to this procurement yet.
Q4: What is the “contract procurement number” as required for the “Disclosure of Prior Non-Responsibility Determinations”?
A4: No contract number(s) has been assigned to this procurement yet.
Q5: In Section 2(a) on page 6 of the RFP, how do “municipal matters” and “public authority matters” differ from Article 78 proceedings, etc., in the “LIPA Defense” section in Section 2 (c) on page 6? Does this merely refer to similar litigations in which LIPA may be plaintiff or petitioner rather than defendant or respondent or does this denote some substantive difference in subject matter? If the latter, can you provide illustrative examples?
A5: Sections 2(a) and (c) on page 6 are primarily intended to distinguish between those matters where LIPA is seeking advice and counsel in a litigated and non-litigated context. While 2 (c) clearly applies only to litigation where LIPA is named as a defendant/respondent, 2 (a) is intended to cover matters where LIPA may be a plaintiff/petitioner, as well as matters where general advice as to LIPA’s rights and obligations under its enabling statute may be required. For example, LIPA may seek advice and assistance with the interpretation of various statutes, rules and regulations, etc. applicable to LIPA, such as under the Freedom of Information Law (FOIL), and the State Administrative Procedure Act (SAPA), etc.
Q6: In Section 2(a) on page 6, does the reference to “public authority matters (LIPA Act)” refer to quasi constitutional issues such as ultra vires, bond issues, and deposits and investment of monies of the Authority or does this refer to something more specific? If so, can you provide illustrative examples?
A6: See answer above to Q5. Please note, however, that LIPA has separate bond counsel and disclosure counsel engaged already.
Q7: Must the Contractor Certification, form ST-220-TD, be filed prior to the notice of award of the proposal if our firm does not otherwise require such a filing?
A7: This form is not required for this procurement and has been removed from the web site accordingly.
Q8: With regard to the Vendor Responsibility Questionnaire, is the term “New York State agency” to be understood as defined in State Finance Law § 53-a(5)?
A8: The term NYS agency is not specifically defined by the State Comptroller for vendor responsibility purposes; however, it is not unreasonable to believe that SFL 53-a (5) constitutes an adequate definition.
