Legal 3 col x 10-1/4”
0327
REQUEST FOR PROPOSALS FOR SPECIAL PSC LEGAL SERVICES
The Canaan Valley Public Service District (PSD), Tucker County, West Virginia seeks to retain an individual or firm of attorneys to serve as Special Public Service Commission Counsel in connection with its Canaan Valley State Park Sewer Project in accordance with the requirements of the United States Economic Development Administration, WV Infrastructure & Jobs Development Council, Clean Water State Revolving Fund, 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 will 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 Ill 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 PSD before the PSC in any case before the PSC related to the project;
3. Draft and represent the PSD in the negotiation of inter-utility and inter-governmental agreements,
when necessary, including but not limited to, water purchase agreements, water sales agreements,
and agreements with municipalities, counties, and PSDs; and
4. Attend necessary meetings of the PSD, and/or project meetings with PSD officials and the various
project team members.
SUBMISSION OF PROPOSALS
An electronic copy of each proposal must be marked “Proposal for Special PSC Legal Services” and must be received by 3:00 p.m. on Friday, March 29, 2024. Submissions shall be sent to: Canaan Valley PSD, c/o Robert Metzger, Chairman at [email protected] and Region VII Planning & Development Council c/o Carrie Wallace, Project Coordinator 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 any and 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 any and 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, expertise, personnel, references, and cost (which must include the hourly fee and proposed contract cost). The PSD will review all proposals and rank, based upon such criteria, the firm that will provide the services that are most advantageous to the PSD. 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
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.
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 utility projects during the last three
years which you believe qualifies your firm to be Special PSC Counsel 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. 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 Special PSC 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 commissions, 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 Carrie Wallace at [email protected] or (304) 472-6564.