Request for Legal Services: Investigation of Discrimination Complaints

Request for Legal Services: Investigation of Discrimination Complaints

The Office of Employee Relations intends to procure Outside Counsel for the Discrimination Complaint Investigation Process pursuant to its discretionary purchasing authority under State Finance Law Section 163(6).

The New York State Office of Employee Relations (OER) investigates State agency complaints of protected class employment-related discrimination. These investigations include complaints filed by employees, contractors, interns and other persons engaged in employment at these agencies and departments concerning discrimination, retaliation and harassment under Federal and New York State law, Executive Orders and policies of the State of New York.

Refer to OER’s website for additional background information.

Scope of Work: OER is seeking Outside Counsel with demonstrated experience in and knowledge of protected class employment-related discrimination to investigate discrimination complaints. Outside Counsel will provide a Draft Investigation Report in accordance with the attached Discrimination Complaint Investigation Process (Attachment 1) as directed by OER.

Firms are invited to submit a proposal to provide such Outside Counsel services to OER

The total value of this engagement shall not exceed $85,000.

Response to Solicitation Requirements: The following must be submitted in response to this solicitation, for review by OER in determining award of this project:

• Confirm that the firm would be prepared to begin services upon issuance of a Contract and complete the requested services of this engagement no later than 21 calendar days from the date the contract is awarded.

• Identify a Point of Contact (POC) and include full contact information. The POC shall have primary supervisory responsibility for the legal services performed under this engagement.

• NYS OER reserves the right to invite bidders to either a video conference or an in-person interview at Empire State Plaza, Agency Bldg. 2 in Albany, NY.

• Refer to Attachment 2 for OER Outside Counsel Billing Criteria & Policy.

• Submit: 1) a concise description, not to exceed eight pages, of the firm’s professional qualifications and relevant experience (client references are suggested, but not required); 2) resumes of all professionals that would be assigned to the engagement; 3) any other information that may be useful.

• Submit a completed cost proposal. Pricing shall be represented as fixed hourly rates for all professionals. Firms must submit their cost proposal using Attachment 3 – Cost Proposal form. Any deviations qualifiers, ranges, etc. included with the quote will result in rejection of the Quote. The rates shall remain fixed throughout the term of the Agreement.

Required Clauses:

Opinions prepared by retained attorneys or law firms construing the statutes or constitution of the State of New York do not constitute the opinion of the State unless the prior written approval of the Attorney General is obtained. Requests for such approval shall be submitted to the Solicitor General, Appeals and Opinions Bureau, Department of Law, State Capitol, Albany, New York.

The Firm may represent the State of New York in judicial litigation related to the services to be provided under this Agreement only when such services are specifically requested.

Required Forms:

1. Form A – New York State Consultant Services Contractor’s Planned Employment

2. Offeror’s Affirmation of Understanding and Agreement pursuant to New York State Finance Law §139-j (3) and §139-j (6) (b) - OER Form #ADM-325

Response to Scope of Work Due: Responses to this scope of work must be submitted electronically by Wednesday, May 21, 2025 to Brett Reish at brett.reish@oer.ny.gov .

• Questions are due no later than Wednesday, May 7, 2025 to Danielle Lucas at danielle.lucas@oer.ny.gov

• Responses to questions will be provided no later than Monday, May 12, 2025.