REQUEST FOR PROPOSALS FOR BOND COUNSEL SERVICES
The Midland Public Service District (PSD), in Randolph County, West Virginia seeks to retain an individual or firm of attorneys to serve as Bond Counsel in connection with its water extension project to unserved customers in the area of Faulkner Road, in Bowden, WV in accordance with the requirements of the WV Drinking Water Treatment Revolving Fund (DWTRF), U.S. EPA Community Grants, and/or any other regulatory and funding agencies.
The PSD will afford full opportunity for minority business enterprises and women business enterprises to submit a show of interest in response to this invitation and will not discriminate against any interested firm or individual on the grounds of race, creed, color, sex, age, handicap, or national origin in the award of this contract.
The selected provider may be required to comply with 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Title VI of the Civil Rights Act of 1964; Executive Order 11246; Executive Order 11625, CFR Title 13 Chapter III, and all other requirements as they relate to the potential funding sources. Also, the selected firm will be required to obtain an active registration with the System for Award Management (SAM).
SCOPE OF SERVICES
The firm selected as Bond Counsel will be expected to perform the following services:
1. Prepare documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, and coordinate the authorization and execution of such documents;
2. Render legal opinions as necessary regarding the validity and binding effect of the Bonds and the source of payment and security for the Bonds;
3. Review legal issues relating to the structure of the Bond issue;
4. Represent the PSD during the Loan Closings and before any case related to the issuance of the Bonds for this project; and
5. Attend necessary meetings of the PSD, county commission, and/or project meetings with various project team members.
6. It is anticipated that the project funding will consist of at least one loan, including an DWTRF loan of $515,000.
SUBMISSION OF PROPOSALS
An electronic copy of each proposal must be marked “Proposal for Accounting Services” and must be received by 3:00 p.m. on Monday, December 19, 2022. Submissions shall be sent to: Midland PSD, c/o Ron Vance, Manager at [email protected] and Region VII Planning & Development Council c/o James Marshall, Project Manager at [email protected].
All documents/information submitted in response to this solicitation shall, pursuant to the West Virginia Freedom of Information Act, become public records.
The PSD reserves the right to reject all proposals, with or without cause, and waive any irregularities or informalities in the proposals. The PSD further reserves the right to make such investigations, as they deem necessary, as to the qualifications of all proposals. In the event all proposals are rejected, the PSD reserves the right to re-solicit proposals.
SELECTION PROCESS
Selection criteria will include certification, experience and expertise, references, personnel, and cost (which must include the hourly fee and proposed contract cost). The PSD will review all proposals and rank the firm that will provide the services that are most advantageous to the PSD based on these criteria and the point system shown below. The PSD shall then negotiate a contract, including a lump sum, not-to-exceed price, with the most highly ranked candidate.
REQUIRED COMPONENTS OF PROPOSALS
Proposals shall respond to each of the following requests in the order indicated.
A. Certification (pass/fail component)
Each proposal must contain the following certifications:
1. That all attorneys who will provide services for the project are licensed to practice law in the State of West Virginia and are in good standing;
2. That the attorney/firm carries professional liability insurance with limits that are sufficient given the scope of the project;
3. That the attorney/firm has the experience and expertise necessary to serve as Bond Counsel for the project;
4. That no portion of the work contracted for under this proposal will be subcontracted; and
5. That the attorney is IJDC-certified.
FAILURE TO MEET THE CRITERIA LISTED ABOVE WILL BE CAUSE FOR IMMEDIATE DISQUALIFICATION OF THE PROPOSAL. JOINT PROPOSALS WILL NOT BE ACCEPTED.
B. Experience and Expertise (50 possible points)
Describe the firm’s experience as Bond Counsel for utility projects during the last three years which you believe qualifies your firm for this Project. List no more than five projects. For each project please indicate the following:
1. The governmental entity which you represented;
2. The nature of the project;
3. The sources of the financing;
4. The scope of your representation; and
5. The names, addresses, and telephone numbers of contacts.
C. References (25 possible points)
Provide a list of no less than five references that are governmental entities (public service districts, municipalities, county commissions, etc.) for which you have provided Bond Counsel services for utility projects. Include a contact name and telephone number for any such entity
D. Personnel (15 possible points)
Specify the attorney(s) and other persons with your firm who would be assigned to this project, the role of each person, and their qualifications and experience as Bond Counsel for utility projects. Please directly address the scope and breadth of each individual’s experience in the following areas:
1. Bond Counsel representation;
2. Preparation of Bond Opinions; and
3. Current workload of the personnel to be involved in the project and their availability for prompt completeness of the services needed.
E. Cost (15 possible points)
Provide, as part of the proposal, a cost for all services listed in this Request For Proposals. The cost shall include a “Not to Exceed” amount along with an hourly rate.
Questions concerning this project should be directed to Ron Vance at [email protected] or (304) 636-1431.
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