Description
The Office of the Attorney General is seeking proposals for legal services to establish contracts with legal counsel for the OAG to independently retain legal counsel, on an “as needed, if needed” basis to assist with investigation and legal action against potential parties for violations of the Kentucky Consumer Protection Act, arising out of deceptive acts and misrepresentations made to Kentucky consumers, and for investigation and potential litigation regarding potential violations of state Medicaid, antitrust and/or other state or federal statutes in the conduct of any potential parties doing business within the Commonwealth. The contract will be awarded on a contingency fee basis, with the contractor advancing all litigation costs and being reimbursed upon the conclusion of the matter. The contractor will be required to provide detailed information regarding hours worked, services performed, and costs incurred in said litigation upon the OAG’s request and at the conclusion of the matter. Some key responsibilities of the contractor include:
• Assisting with OAG's investigations and litigation, including reviewing information and documents regarding potential violations of the Kentucky Consumer Protection Act, Medicaid, antitrust and/or other state or federal statutes in the conduct of potential parties doing business within the Commonwealth
• Coordinating litigation with other states and the federal government to promote a unified approach to litigation
• Taking depositions, defending depositions noticed by the defendants, preparing relevant witnesses for depositions, responding to motions, and identifying experts to testify in favor of the Commonwealth of Kentucky or other state agencies
• Representing the Commonwealth of Kentucky in trial or in any settlement negotiations that may occur
• Representing the Commonwealth of Kentucky in responding to post-trial motions and in the appeal(s) of any judgment or verdict rendered in any such action(s)
The contractor must have experience in complex litigation involving multiple claims and numerous defendants in federal courts, including substantial experience in litigating removal and remand of cases to federal courts, and substantial experience in multi-district litigation cases. The contractor must also have experience with sophisticated document or case management software sufficient to manage the voluminous documents produced by the defendants.
Some key evaluation criteria include:
• Background and relevant experience (1900 points)
• Technical approach and work schedule (300 points)
• Cost proposal (not applicable)
• Oral demonstration/presentation (100 points)
The contract will be awarded to the contractor that best meets the requirements of the RFP, with a contingency fee not to exceed 20% of the amount recovered.