REQUEST FOR PROPOSALS FOR SPECIAL PSC LEGAL SERVICES
The Town of Bath-Berkeley Springs Water Works (BSWW), Morgan County, West Virginia seeks to retain an individual or firm of attorneys to serve as Public Service Commission Counsel in connection with its water line extension along US 522 in accordance with the requirements of the WV Infrastructure & Jobs Development Council, U.S. Economic Development Administration and/or any other regulatory and funding agencies.
The BSWW 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.
SCOPE OF SERVICES
The firm selected as Special PSC Counsel will be expected to perform the following services:
1. Prepare and submit a PSC application for a Certificate of Convenience and Necessity and any accompanying documents and attend public meetings and hearings in connection with such application, when necessary;
2. Represent the BSWW before the PSC in any case before the PSC related to the project;
3. Attend necessary meetings of the BSWW, Morgan County Commission and/or project meetings with town officials and the various project team members.
SUBMISSION OF PROPOSALS
An electronic copy of each proposal must be marked “Proposal for PSC Legal Services” and must be received by February 19, 2024. Submissions shall be sent to:
Berkeley Springs Water Works, c/o Richard Mayhew, BSWW Water Superintendent, [email protected] and Region 9 Planning & Development Council, c/o David Deamer, 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 BSWW reserves the right to reject any and all proposals, with or without cause, and waive any irregularities or informalities in the proposals. The BSWW further reserves the right to make such investigations, as they deem necessary, as to the qualifications of any and all proposals. In the event all proposals are rejected, the BSWW reserves the right to re-solicit proposals.
SELECTION PROCESS
Selection criteria will include expertise, experience, personnel, references and cost (which must include the hourly fee and proposed contract cost), all of which shall be considered of equal importance. The BSWW will review all proposals and rank, based upon such criteria, the firm that will provide the services that are most advantageous to the BSWW. The BSWW 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
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 Special PSC 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 or will become IJDC-certified in a designated timeframe to be eligible to participate on the project.
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
Describe the firm’s experience as Special PSC Counsel for water projects during the last three years which you believe qualifies your firm to be Special PSC Counsel for the 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. Personnel
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 Legal Counsel for utility projects.
Please directly address the scope and breadth of each individual’s experience in the following areas:
1. PSC representation;
2. Current workload of the personnel to be involved in the project and their availability for prompt completeness of the services needed; and
3. Inter-utility and inter-governmental agreements.
D. References
Provide a list of no less than five references that are governmental entities (public service districts, municipalities, county commission, etc.) for which you have provided Special PSC Counsel services for utility projects. Include a contact name and telephone number for any such entity.
E. Cost
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 David Deamer, [email protected] or 304-263-1743.