Third Party Liability Counsel

REQUEST FOR PROPOSALS

For

THIRD PARTY LIABILITY COUNSEL

For

PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES

Issued by

THE GOVERNOR’S OFFICE OF GENERAL COUNSEL

COMMONWEALTH OF PENNSYLVANIA

RFP NUMBER:

OGC-2026-02

DATE OF ISSUANCE

January 23, 2026

The Commonwealth identified this procurement as fitting the established criteria under the Small Business Procurement Initiative set forth in Executive Order 2011-09.  Accordingly, only those offerors who are certified as a Small Businesses through the Department of General Services’ self- certification process found at www.smallbusiness.pa.gov are eligible to submit a proposal and be awarded a contract in response to this RFP.  In order to be eligible to receive an award in response to this procurement, the offeror must be a DGS self-certified as a Small Business at the time of proposal opening and include a copy of the certification in the proposal response.

REQUEST FOR PROPOSALS FOR

Third Party Liability Counsel

Pennsylvania Department of Human Services,

Commonwealth of Pennsylvania

TABLE OF CONTENTS

CALENDAR OF EVENTS 3 PART I - GENERAL INFORMATION 4

PART II - PROPOSAL REQUIREMENTS 10

PART III - CRITERIA FOR SELECTION 12

PART IV - WORK STATEMENT 15

PART V - STANDARD CONTRACT FOR LEGAL SERVICES

APPENDIX A – PROPOSAL COVER SHEET

APPENDIX B – COST SUBMITTAL

APPENDIX C – TRADE SECRET CONFIDENTIAL PROPRIETARY INFORMATION

NOTICE

APPENDIX D – STATEMENT OF QUALIFICATIONS/CONFLICTS/TECHNICAL

QUESTIONNAIRE

APPENDIX E – PERSONNEL EXPERIENCE BY KEY POSITION

APPENDIX F – PROJECT REFERENCES

CALENDAR OF EVENTS

The Commonwealth will make every effort to adhere to the following schedule:

Activity	Responsibility	Date
Deadline to submit Questions via email to: Jordan Kiessling @ jkiessling@pa.gov	Interested Law Firms	2/4/2026 4:00 p.m.
Answers to Potential Offeror questions posted to the PA eMarketplace website no later than this date.	Issuing Office	2/5/2026 4:00 p.m.
Please monitor website for all communications regarding the RFP.	Interested Law Firms	ONGOING
Sealed proposals must be received by the Issuing Office at: ra-gcrfpresponse@pa.gov	Interested Law Firms	2/18/2026 4:00 p.m.

PART I

GENERAL INFORMATION

I-1. ONLY CERTIFIED SMALL BUSINESSES ARE ELIGIBLE FOR AWARD

The Commonwealth identified this procurement as fitting the established criteria under the Small Business Procurement Initiative set forth in Executive Order 2011-09.  Accordingly, only those offerors who are certified as a Small Businesses through the Department of General Services’ self- certification process found at www.smallbusiness.pa.gov are eligible to submit a proposal and be awarded a contract in response to this RFP.   

In order to be eligible to receive an award in response to this procurement, the offeror must be a DGS self-certified as a Small Business at the time of proposal opening and include a copy of the certification in the proposal response. Self-certification as a Small Business can be completed in as little as 15 minutes.

The eligibility requirements for Small Business self-certification are as follows:

1. The business must be a for-profit, United States business.

2. The business must be independently owned.

3. The business may not be dominant in its field of operation.

4. The business may not employ more than 100 full-time equivalent employees.

5. The business’s three-year average gross revenues may not exceed $38.5 million.

I-2. Purpose. This request for proposals (RFP) provides to those law firms interested in submitting proposals for the subject procurement (“Offerors”) sufficient information to enable them to prepare and submit proposals for the Governor’s Office of General Counsel’s consideration on behalf of the Commonwealth of Pennsylvania (“Commonwealth”) to satisfy a need for Third Party Liability (“TPL”) legal services for the Pennsylvania Department of Human Services (“Department”).

This RFP is issued pursuant to Executive Order 2015-2 dated January 20, 2015, and in accordance with Section 518 of the Commonwealth Procurement Code, 62 P.S. § 518 and Part III Chapter 8 of the DGS Procurement Handbook.

I-3. Issuing Office. The Governor’s Office of General Counsel (“Issuing Office”) has issued this RFP on behalf of the Commonwealth. The sole point of contact in the Commonwealth for this RFP shall be:

Mrs. Jordan M. Kiessling, Issuing Officer

Governor’s Office of General Counsel

30 N. 3rd Street, Suite 200

Harrisburg, Pennsylvania 17101

jkiessling@pa.gov

Please refer all inquiries to the Issuing Officer.

I-4. Scope. This RFP contains instructions governing the requested proposals, including the requirements for the information and material to be included; a description of the service to be provided; requirements which Offerors must meet to be eligible for consideration; general evaluation criteria; and other requirements specific to this RFP.

I-5. Problem Statement. The Department has identified a need for TPL legal services relating to Medical Assistance (“MA”) reimbursement claims, including reimbursement related to tort claims and estate recovery litigation. The Engagement may include other general work as designated by the Department’s Chief Counsel or the Governor’s Office of General Counsel.

The scope of work in this RFP includes legal representation and legal services related to the reimbursement of MA payments from tort claims and of MA Estate Recoveries on a statewide basis.

Additional detail is provided in Part IV of this RFP.

I-6. Type of Contract. It is proposed that if the Issuing Office enters into a contract as a result of this RFP, it will be a requirements contract with negotiated compensation containing the Contract Terms and Conditions as shown in Part V of the RFP.

I-7. Rejection of Proposals. The Issuing Office reserves the right, in its sole and complete discretion, to reject any proposal received as a result of this RFP.

I-8. Incurring Costs. The Issuing Office is not liable for any costs the Offeror incurs in preparation and submission of its proposal, in participating in the RFP process or in anticipation of award of the contract.

I-9. Questions & Answers. If an Offeror has any questions regarding this RFP, the Offeror must submit the questions by email (with the subject line “RFP OGC-2026-02 Question”) to the Issuing Officer named in Part I, Section I-2 of the RFP. If the Offeror has questions, they must be submitted via email no later than the date indicated on the Calendar of Events. The Offeror shall not attempt to contact the Issuing Officer by any other means. The Issuing Officer shall post the answers to the questions on the PA eMarketplace website by the date stated on the Calendar of Events. An Offeror who submits a question after the deadline date for receipt of questions indicated on the Calendar of Events assumes the risk that its proposal will not be responsive or competitive because the Commonwealth is not able to respond before the proposal receipt date or in sufficient time for the Offeror to prepare a responsive or competitive proposal. When submitted after the deadline date for receipt of questions indicated on the Calendar of Events, the Issuing Officer may respond to questions of an administrative nature by directing the questioning Offeror to specific provisions in the RFP.  To the extent that the Issuing Office decides to respond to a non-administrative question after the deadline date for receipt of questions indicated on the Calendar of Events, the answer must be provided to all Offerors through an addendum.

All questions and responses as posted on the PA eMarketplace website are considered as an addendum to, and part of, this RFP in accordance with RFP Part I, Section I-9. Each Offeror shall be responsible to monitor the PA eMarketplace website for new or revised RFP information. The Issuing Office shall not be bound by any verbal information nor shall it be bound by any written information that is not either contained within the RFP or formally issued as an addendum by the Issuing Office. The Issuing Office does not consider questions to be a protest of the specifications or of the solicitation. The required protest process for Commonwealth procurements is described on the DGS website at:

https://www.dgs.pa.gov/Documents/Procurement%20Forms/Handbook/Pt1/Pt%20I%20Ch%2058%20Bid%20Protests.pdf

I-10. Addenda to the RFP. If the Issuing Office deems it necessary to revise any part of this RFP before the proposal response date, the Issuing Office will post an addendum to the PA eMarketplace website. It is the Offeror’s responsibility to periodically check the website for any new information or addenda to the RFP. Answers to the questions asked during the Questions & Answers period also will be posted to the website as an addendum to the RFP.

I-11. Response Date. To be considered for selection, electronic copies of proposals must arrive at the Issuing Office on or before the time and date specified in the RFP Calendar of Events. The Issuing Office will not accept proposals via facsimile transmission.

I-12. Proposals. To be considered, Offerors should submit a complete response to this RFP to the Issuing Office, using the format provided in Part II. The Offeror must provide in two (2) separate attachments, a copy of the Technical Submittal and a copy of the Cost Submittal. Offerors must also provide a redacted version of the Technical Submittal, including Financial Capability information, in Microsoft Office or Microsoft Office-compatible format.

Offerors should ensure that there is no costing information in the Technical Submittal. Offerors should not reiterate technical information in the cost submittal. The Offeror shall make no other distribution of its proposal to any other Offeror or Commonwealth official or Commonwealth Law Firm. Each proposal page should be numbered for ease of reference. An official authorized to bind the Offeror to its provisions must sign the proposal. If the official signs the Proposal Cover Sheet (Appendix A to this RFP) and the Proposal Cover Sheet is attached to the Offeror’s proposal, the requirement will be met. For this RFP, the proposal must remain valid for 120 days or until a contract is fully executed. If the Issuing Office selects the Offeror’s proposal for award, the contents of the selected Offeror’s proposal will become, except to the extent the contents are changed through Best and Final Offers or negotiations, contractual obligations.

Each Offeror submitting a proposal specifically waives any right to withdraw or modify it, except that the Offeror may withdraw its proposal by written notice received at the Issuing Office’s address for proposal delivery prior to the exact hour and date specified for proposal receipt. An Offeror may modify its submitted proposal prior to the exact hour and date set for proposal receipt only by submitting a new sealed proposal or sealed modification which complies with the RFP requirements.

I-13. Economy of Preparation. Law Firms should prepare proposals simply and economically, providing a straightforward, concise description of the Law Firm's ability to meet the requirements of the RFP.

I-14. Alternative Proposals. The Issuing Office has identified the basic approach to meeting its requirements, allowing Offerors to be creative and propose their best solution to meeting these requirements. The Issuing Office will not accept alternative technical proposals but, as provided in Section II-3 and Appendix B, will consider alternative cost proposals.

I-15. Clarifications. Law Firms may be required to make an oral or written clarification of their proposals to the Issuing Office to ensure thorough mutual understanding and Law Firm's responsiveness to the solicitation requirements. The Issuing Office will initiate requests for clarification. Clarifications may occur at any stage of the evaluation and selection process.

I-16. Prime Contractor Responsibilities. The contract will require the selected Law Firm to assume responsibility for all services offered in its proposal whether it produces them itself or by subcontract. The Issuing Office will consider the selected Law Firm to be the sole point of contact with regard to contractual matters.

I-17. Proposal Contents.

A. Confidential Information. The Commonwealth is not requesting, and does not require, confidential proprietary information or trade secrets to be included as part of any Offerors’ submissions in order to evaluate proposals submitted in response to this RFP. Accordingly, except as provided herein, Offerors should not label proposal submissions as confidential or proprietary or trade secret protected.  Any Offeror who determines that it must divulge such information as part of its proposal must submit the signed written statement described in subsection C. below and must additionally provide a redacted version of its proposal, which removes only the confidential proprietary information and trade secrets, for required public disclosure purposes.

B. Commonwealth Use. All material submitted with the proposal shall be considered the property of the Commonwealth of Pennsylvania and may be returned only at the Issuing Office’s option. The Commonwealth has the right to use any or all ideas not protected by intellectual property rights that are presented in any proposal regardless of whether the proposal becomes part of a contract. Notwithstanding any Offeror copyright designations contained on proposals, the Commonwealth shall have the right to make copies and distribute proposals internally and to comply with public record or other disclosure requirements under the provisions of any Commonwealth or United States statute or regulation, or rule or order of any court of competent jurisdiction.

C. Public Disclosure. After the award of a contract pursuant to this RFP, all proposal submissions are subject to disclosure in response to a request for public records made under the Pennsylvania Right-to-Know-Law, 65 P.S. § 67.101, et seq. If a proposal submission contains confidential proprietary information or trade secrets, a signed written statement to this effect must be provided with the submission in accordance with 65 P.S. § 67.707(b) for the information to be considered exempt under 65 P.S. § 67.708(b)(11) from public records requests. Refer to Appendix C of the RFP for a Trade Secret Form that may be utilized as the signed written statement, if applicable.

I-18. Discussions. While not required, the Issuing Office reserves the right to conduct discussions with any responsible Law Firm to determine the Law Firm’s qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other Law Firms.

I-19. News Releases. Law Firms shall not issue news releases, Internet postings, advertisements or any other public communications pertaining to this Engagement without prior written approval of the Issuing Office, and then only in coordination with the Issuing Office.

I-20. Restriction of Contact. From the issue date of this RFP until the Issuing Office selects a proposal for award, the Issuing Officer is the sole point of contact concerning this RFP. Any violation of this condition may be cause for the Issuing Office to reject the offending Law Firm’s proposal. If the Issuing Office later discovers that the Law Firm has engaged in any violations of this condition, the Issuing Office may reject the offending Law Firm's proposal or rescind its contract award. Law Firms must agree not to distribute any part of their proposals beyond the Issuing Office. A Law Firm who shares information contained in its proposal with other Commonwealth personnel and/or competing Law Firm personnel may be disqualified.

I-21. Issuing Office Participation. Law Firms shall provide all services, supplies, facilities, and other support necessary to complete the identified work. The Issuing Office will not provide office space or logistical support.

I-22. Term of Contract. The term of the contract will commence on the Effective Date and will end three (3) years from the Effective Date. The Commonwealth may renew the Contract for up to an additional two (2) years, in single or multiple year increments.

I-23. Offeror’s Representations and Authorizations. By submitting its proposal, each Offeror understands, represents, and acknowledges that:

A. All of the Offeror's information and representations in the proposal are material and important, and the Issuing Office may rely upon the contents of the proposal in awarding the contract(s). The Commonwealth shall treat any misstatement, omission or misrepresentation as fraudulent concealment of the true facts relating to the Proposal submission, punishable pursuant to 18 Pa. C.S. § 4904.

B. The Offeror has arrived at the price(s) and amounts in its proposal independently and without consultation, communication, or agreement with any other Offeror or entity, except for subcontractors that the Offeror plans to utilize for this contract.

C. The Offeror has not disclosed any aspect of its proposal to any other entity, except for subcontractors that the Offeror plans to utilize for this contract, and it shall not disclose any of these items on or before the proposal submission deadline applicable to this RFP.

D. The Offeror has not attempted, nor will it attempt, to induce any firm or person to refrain from submitting a proposal on this contract, or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal or other form of complementary proposal.

E. The Offeror makes its proposal in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

F. To the best knowledge of the person signing the proposal for the Offeror, the Offeror, its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or proposing on any public contract, except as the Offeror has disclosed in its proposal.

G. To the best of the knowledge of the person signing the proposal for the Offeror and except as the Offeror has otherwise disclosed in its proposal, the Offeror has no outstanding, delinquent obligations to the Commonwealth including, but not limited to, any state tax liability not being contested on appeal or other obligation of the Offeror that is owed to the Commonwealth.

H. The Offeror is not currently under suspension or debarment by the Commonwealth, any other state or the federal government, and if the Offeror cannot so certify, then it shall submit along with its proposal a written explanation of why it cannot make such certification.

I. The Offeror has not made, under separate contract with the Issuing Office, any recommendations to the Issuing Office concerning the need for the services described in its proposal or the specifications for the services described in the proposal.

J. Each Offeror, by submitting its proposal, authorizes Commonwealth agencies to release to the Commonwealth information concerning the Offeror's Pennsylvania taxes, unemployment compensation and workers’ compensation liabilities.

K. Once the Issuing Officer receives a fully signed Appointment letter back from the Offeror, services can be performed, and Offeror will be paid for services rendered dating back to the date of the Appointment letter.

I-24. Use of Electronic Versions of this RFP. This RFP is being made available by electronic means. If an Offeror electronically accepts the RFP, the Offeror acknowledges and accepts full responsibility to ensure that no changes are made to the RFP. In the event of a conflict between a version of the RFP in the Offeror’s possession and the Issuing Office’s version of the RFP, the Issuing Office’s version shall govern.

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PART II

PROPOSAL REQUIREMENTS

Offerors must submit their proposals in the format, including heading descriptions, outlined below. To be considered, the proposal must respond to all requirements in this part of the RFP. Offerors should provide any other information thought to be relevant, but not applicable to the enumerated categories, as an appendix to the Proposal. All cost data relating to this proposal should be kept separate from and not included in the Technical Submittal. Each Proposal shall consist of the following two separately attached submittals:

A. Technical Submittal, which shall be a response to RFP Part II, Section II-1;

B. Cost Submittal, in response to RFP Part II, Section II-3; and

The Issuing Office reserves the right to request additional information which, in the Issuing Office’s opinion, is necessary to assure that the Offeror’s competence, number of qualified employees, business organization, and resources are adequate to perform according to the RFP.

The Issuing Office may make investigations as deemed necessary to determine the ability of the Offeror to perform the Engagement and/or any potential conflicts the Offeror may have that could impact their provision of legal services to the Commonwealth, and the Offeror shall furnish to the Issuing Office all requested information and data. The Issuing Office reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Issuing Office that such Offeror is properly qualified to carry out the obligations of the RFP and to complete the Engagement as specified.

II-1. Technical Submittal.

Using the task descriptions in Part IV of this RFP and Appendix D, Statement of Qualifications/Conflicts/Technical Questionnaire, as your reference point, explain the Offeror’s experience, including experience of the personnel that will perform the work, and the service you will provide under this Engagement. Complete and submit Appendix D, Statement of Qualifications/Conflicts/Technical Questionnaire, Appendix E, Personnel Experience, and Appendix F, Project References, as part of your Technical Submittal. In addition, provide a narrative demonstrating the Offeror’s knowledge of the engagement at issue as well as an analysis of the Offeror’s plan of action consistent with the Part I, Section I-4 and Part IV of the RFP. The Technical Submittal shall be submitted as a separate attachment, separated from the Cost Submittal.

II-2. Standard Legal Services Contract Terms and Conditions.

By submitting a proposal, including the cost proposal, in response to this RFP, the Offeror agrees that it accepts all of the terms and conditions of the legal services contract set out in Part V of the RFP. The Issuing Office will reject any proposal that is conditioned on the negotiation of the terms and conditions of the legal services contract set out in Part V of the RFP.

II-3. Cost Submittal.

The information requested in this Part II, Section 3 shall constitute the Cost Submittal. The Cost Submittal – Appendix B, shall be submitted as a separate attachment, separated from the Technical Submittal. Offerors should not include any assumptions in their Cost Submittals. If the Offeror includes assumptions in its Cost Submittal, the Issuing Office may reject the proposal. Offerors should direct in writing to the Issuing Office pursuant to Part I, Section I-8, of this RFP any questions about whether a cost or other component is included or applies. All Offerors will then have the benefit of the Issuing Office’s written answer so that all proposals are submitted on the same basis.

Offerors may include alternate pricing proposals; however, only the information proposed in the Cost Submittal will be used to evaluate the Offeror's cost proposal. List any discount in hourly billing rates the offeror is willing to offer under this proposal. There are many ways in which a firm can supply lower rates, including, but not limited to: standard hourly rates subject to an agreed upon ceiling rate, standard hourly rates less an agreed upon percentage, flat rate proposals, blended rate proposals or other billing methods. The Commonwealth reserves the right to negotiate with each selected Offeror on the compensation structure of the contract.

The Commonwealth will pay reasonable, actual, ordinary, and necessary expenses for other specific materials required for and used solely in the fulfillment of the services as provided in the Standard Contract for Legal Services (Part V of the RFP). Provide information on how you propose to keep track of and charge for any expenses.

The Department will reimburse the selected Offeror for work satisfactorily performed after execution of a written contract and the start of the contract term, in accordance with contract requirements, and only after the Issuing Office has received a signed Appointment letter back from the Offeror. At that point the Offeror will be paid for services rendered dating back to the date of the Appointment letter.

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PART III

CRITERIA FOR SELECTION

III-1. ONLY CERTIFIED SMALL BUSINESSES ARE ELIGIBLE FOR AWARD

The Department of General Services has designated this contract as a Small Business Procurement to provide DGS-certified small businesses with opportunities to compete against other DGS-certified small businesses for Commonwealth agency and DGS statewide contracts.  Only certificated small businesses are eligible to submit a bid and receive an award.  The small business requirements and certification process can be found on the following site: www.smallbusiness.pa.gov.

 

The Small Business Certification will be provided after the self-certification process on the SBPI site: www.smallbusiness.pa.gov. A valid Department of General Services (DGS) Small Business certificate will be required as part of the bid in order to be deemed a responsive bidder.  Any business without a valid certificate on the bid due date and time may be rejected as non-responsive.

 

This contract will be monitored for compliance by The Bureau of Diversity, Inclusion and Small Business Opportunities (BDISBO).

III-2. Mandatory Responsiveness Requirements. To be eligible for selection, a proposal must be:

A. Timely received from an Offeror;

B. Properly signed by the Offeror;

III-3. Technical Nonconforming Proposals. The two (2) Mandatory Responsiveness Requirements set forth in Section III-1 above (A & B) are the only RFP requirements that the Commonwealth will consider to be non-waivable. The Issuing Office reserves the right, in its sole discretion, to (1) waive any other technical or immaterial nonconformities in an Offeror’s proposal, (2) allow the Offeror to cure the nonconformity, or (3) consider the nonconformity in the scoring of the Offeror’s proposal.

III-4. Evaluation. The Issuing Office has selected a committee of qualified personnel to review and evaluate timely submitted proposals and to submit recommendations to the Contracting Officer.

III-5. Evaluation Criteria. The following criteria will be used in evaluating each proposal:

A. Technical: The Issuing Office has established the weight for the technical criterion for this RFP as 75 % of the total points. Evaluation will be based upon the following, in equal order of importance:

i. Understanding the Problem

ii. Contractor Prior Experience

iii. Personnel Qualifications

iv. Soundness of Approach

As part of your technical submission, provide a narrative demonstrating the Law Firm’s knowledge of the engagement at issue as well as an analysis of the Law Firm’s plan of action consistent with the problem statement and the Statement of Work.

The final technical scores are determined by giving the maximum number of technical points available to the proposal with the highest raw technical score. The remaining proposals are rated by applying the Technical Scoring Formula set forth at the following webpage:

RFP_SCORING_FORMULA (pa.gov)

B. Cost: The Issuing Office has established the weight for the Cost criterion for this RFP as 25% of the total points. The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available.  The remaining proposals are rated by applying the Cost Formula set forth at the following webpage:

RFP_SCORING_FORMULA (pa.gov)

Law Firms should be advised that based upon the formula set forth above, a Cost submittal that is more than double that of the lowest responsible Law Firm’s bid risks receiving zero (0) points for Cost.

III-6. Offeror Responsibility. To be deemed responsible for purposes of this engagement, an Offeror must submit a responsive proposal and possess the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance of the contract.

A. In order for an Offeror to be considered responsible for this RFP and therefore eligible for award, the total score for the technical submittal of the Offeror’s proposal must be greater than or equal to 75% of the available technical points. Should an Offeror’s proposal not receive a score greater than or equal to 75% of the available technical points, the Offeror will not be considered responsible solely for the purposes of this RFP, and as such, the Offeror’s cost proposal will not be evaluated.

B. Further, the Issuing Office will award a contract only to an Offeror determined to be

responsible in accordance with the most current version of Commonwealth

Management Directive 215.9, Contractor Responsibility Program.

III-7. Final Ranking and Award.

A. After any discussions conducted with responsible Offerors, the Issuing Office will combine the evaluation committee’s final technical scores and the final cost scores in accordance with the relative weights assigned to these areas as set forth in this Part. The Issuing Office will rank responsible offerors according to the total overall score assigned to each, in descending order.

B. For purposes of this RFP, the Commonwealth will consider making a limited multiple award. In the order of their respective final qualification ranking, the Commonwealth in its sole discretion will determine the number of firms to be awarded a contract based on the number of responsive proposals received from responsible Offerors meeting the technical scoring threshold and with which fair and reasonable compensation can be negotiated as provided below. The Commonwealth may select a contractor from the offeror(s) awarded contracts when services are needed. The selected firm(s) will be required to furnish the services requested by the Commonwealth at the contracted compensation.

C. Pursuant to Section 518 of the Commonwealth Procurement Code, award will be made following negotiation of fair and reasonable compensation. Offerors will be evaluated based upon the evaluation factors set forth in this RFP, and then qualitatively ranked. The Commonwealth may then select the top ranked firm(s) for negotiation. If terms cannot be agreed upon, the Commonwealth may then select the next best qualified firm for negotiation. Award will be made to the responsible Offeror(s) determined to be the best qualified after fair and reasonable compensation has been negotiated.

The Issuing Office will select for negotiations the firm(s) with the highest overall score; PROVIDED, HOWEVER, THAT A FIRM WILL NOT BE SELECTED FOR NEGOTIATION IF THAT FIRM WHOSE PROPOSAL RECEIVED THE LOWEST TECHNICAL SCORE AND HAD THE LOWEST COST OF THE RESPONSIVE PROPOSALS RECEIVED FROM RESPONSIBLE OFFERORS. IN THE EVENT SUCH A PROPOSAL ACHIEVES THE HIGHEST OVERALL SCORE, THE ISSUING OFFICE RESERVES THE RIGHT TO ELIMINATE THAT FIRM FROM CONSIDERATION AND NEGOTIATIONS SHALL BE CONDUCTED WITH THE FIRM WITH THE NEXT HIGHEST OVERALL SCORE.

D. If compensation cannot be agreed upon with the best qualified responsible Offeror, then negotiations will be formally terminated with the Offeror. If proposals were submitted by one or more other responsible Offeror(s), negotiations may be conducted with the other responsible Offeror or Offerors in the order of their respective qualification ranking. Contracts may be awarded to the responsible Offeror(s) than ranked as best qualified if the amount of compensation is determined to be fair and reasonable.

E. The Issuing Office has the discretion to reject all proposals or cancel the request for proposals, at any time prior to the time a contract is fully executed, when it is in the best interests of the Commonwealth. The reasons for the rejection or cancellation shall be made part of the contract file.

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PART IV

STATEMENT OF WORK

IV-1. Objectives.

A. General. The purpose of Part IV-1 is to provide an overview of the engagements envisioned as a result of this RFP. Interested Law Firms should use this Part in its technical proposal and in conjunction with the Technical Submission (Appendix D).

The Commonwealth has identified a need for the services of qualified Law Firms to provide legal representation relating to matters relating third party liability (“TPL”) for services paid by the MA Program. The Department is mandated by the Social Security Act, 42 U.S.C. § 1396a(a)(25), to take all reasonable measures to determine the liability of third parties to pay for healthcare items and services furnished to individuals under the MA Program. Federal regulations relating to the Department’s TPL obligations are found at 42 C.F.R. Part 433 Subpart D Third Party Liability.

The Fraud and Abuse Act (“FACA”) of the Human Services Code, 62 P.S. § 1401 et seq. also governs the certain activities within the Department’s TPL program, including the following:

o 62 P.S. § 1409 Third party liability

o 62 P.S. § 1409.1 Federal law recovery of medical assistance reimbursement

o 62 P.S. § 1410 Rules and regulations

o 62 P.S. § 1411 Venue and limitations on actions

o 62 P.S. § 1412 Repayment from probate estates

o 62 P.S. § 1413 Data matching

o 62 P.S. § 1414 Special needs trusts

o 62 P.S. § 1415 Health insurance premium payment program.

Other statutes relating to TPL collection activities include:

o 20 Pa.C.S. § 101 et seq. (Probate, Estates and Fiduciaries Code)

o 23 Pa.C.S. § 4604 Property liable for expenses

o 42 Pa.C.S. § 8301 Death action

o 42 Pa.C.S. § 8302 Survival action.

The Department also has promulgated regulations for various aspects of its TPL program. Regulations relating to MA Estate Recovery are at 55 Pa. Code Chapter 258 and Third Party Liability at 55 Pa. Code Chapter 259 as well as 55 Pa. Code § 1101.64.

The Department’s Office of Administration, Bureau of Program Integrity, Division of TPL is responsible for identifying third party resources, enforcing the use of third party resources when available and recovering MA payments made on behalf of MA beneficiaries from liable third parties. In addition, TPL administers the Department’s Estate Recovery Program and the Health Insurance Premium Payment Program. Funds recovered by TPL are returned to or remained in the MA appropriations to cover MA expenditures for MA beneficiaries.

B. Specific Objectives. The selected Offeror will provide a full range of legal services pertaining to the following TPL activities; the recovery of MA payments made on behalf of MA beneficiaries pursing tort claims, and estate recoveries. The selected Offeror will provide services, including legal advice, consultation, and representation in litigation as may be directed by the Department’s Office of General Counsel. In performing these services, the selected Offeror will work with the Department’s Office of General Counsel as well as the Department’s program and administrative offices. The selected Offeror will be called upon to provide specific services to the Department based on specific need, capacity, qualification or such other circumstances as the Department shall determine. The Department may make assignments as it may deem necessary or desirable, in the judgment of the Department, for all aspects of, or roles within the scope of this RFP.

IV-2. Nature and Scope of Engagement. The selected Offeror will perform the services as required in Part IV of this RFP and as directed by the General Counsel or the Department’s Chief Counsel or her designee. In some instances, Department counsel may work jointly with the selected Offeror in the provision of services. Subject to modification from time to time and at the direction of the General Counsel, or the Department’s Chief Counsel or her designee, the selected Offeror shall represent the Commonwealth in relation to third party liability as follows:

A. Legal Services relating to Reimbursement of MA Payments from Tort Claims: The Selected Offeror will provide legal representation to the Department on cases and matters referred to the selected Offeror, including:

a) Filing motions to intervene and other legal pleadings in referred tort claims where the plaintiff’s counsel refuses to protect the Department’s MA reimbursement claim, responding to legal pleadings as may be required, monitoring the litigation, and participating in court proceedings, including trial as may be necessary to protect the Department’s interest.

b) Filing motions to vacate tort settlements entered into without satisfying the Department’s MA reimbursement claim as well as other legal pleadings, responding to legal pleadings and participating in court proceedings relating to the motions.

c) Filing and representing the Department in litigation to recover MA reimbursement from liable parties as directed by the Department.

d) Filing and representing the Department in appeals as directed by the Department.

e) Negotiating resolutions of the Department’s MA reimbursement claims on referred claims subject to Department approval.

f) Advocating for the maximum allocation of a tort settlement to be attributed to medical expenses.

g) Reviewing pleadings and filings in Motions and Orphans Court within the Court of Common Pleas of Philadelphia to determine the extent of the Department’s reimbursement interest in the litigation before the Court.

h) Providing legal consultation and advice concerning MA reimbursement for tort claims as may be requested.

B. Legal Services for MA Estate Recovery. The Selected Offeror will provide legal representation to the Department on cases and matters referred to the selected Offeror, including:

a) Filing motions and related pleadings to compel the administration of probate estates where the Department has a claim and the estate’s personal representative is not moving the estate to conclusion.

b) Taking out letters of administration for select un-administered estates as directed by the Department, selling property, and distributing funds to creditors in accordance with the priority provided by law.

c) Filing actions against personal representatives and other individuals who have converted estate property or have otherwise not used the property to pay the Department as required by law.

d) Filing and representing the Department in appeals as directed by the Department.

e) Negotiating the resolution of the Department’s MA reimbursement claim on referred claims subject to Department approval.

f) Enforcing final administrative orders of the Department establishing estate recovery liability.

g) Providing legal consultation and advice concerning MA estate recovery matters as may be requested.

IV-3. Requirements. Within the Technical Submittal, the Offeror shall confirm that each requirement of this RFP shall be met and include an explanation of how the Offeror intends to meet each requirement.

A. Qualifications. The Offeror shall address each qualification requirement set forth in Appendix D, Statement of Qualifications/Technical Questionnaire. An Offeror and its counsel must be members in good standing of the Pennsylvania Bar and be admitted or eligible for admission to practice in Pennsylvania federal district courts and Pennsylvania state courts. In order to be considered for selection, an Offeror must have a minimum of five (5) years of experience in providing legal representation and advice relating to personal injury law and estate administration.

B. Key Personnel. The Offeror must complete and submit Appendix E, Personnel for its Key Personnel. The Department must approve changes to selected Offeror’s Key Personnel. The Commonwealth may request, at its sole discretion, that the selected Offeror remove and replace counsel or staff from the Engagement.

C. Ongoing Compliance with Qualifications; Removals. The Commonwealth may remove or suspend the selected Offeror for reasons that include, but are not limited to:

1) Unprofessional performance;

2) Being the subject of disciplinary or licensing actions by the Pennsylvania Supreme Court;

3) Filing for protection under federal or state bankruptcy laws;

4) Failure to continue to meet the requirements of this RFP;

5) Failure to pay federal, state and/or local taxes; or

6) Undisclosed conflict of interest.

IV-4. Tasks.

A. Legal Services. The selected Offeror shall provide advice, consultation and representation to the Department.

B. Contract Close Out. Prior to the expiration or termination of the contract, the selected Offeror shall cooperate with the Commonwealth and any subsequent Offeror in any activities related to the transition and turnover of responsibilities.

C. Insurance. The Law Firm has and will maintain in full force and effect, during the duration of the Engagement, professional liability insurance through an insurance carrier in an aggregate amount usual and customary for firms of its size and practice areas, subject to normal deductibles.

IV-5. Reports and Project Control.

The selected Offeror shall prepare and submit at the request of the Department, subject to attorney-client and other applicable privileges, memoranda of law and other documents related to the services performed for this Engagement.