Request for Proposal / Legal Services / Board of Medical Practice

Request for Proposal / Legal Services / Board of Medical Practice

1. Background:

The Vermont Board of Medical Practice (“Board”), administered by the Vermont Department of Health (“Department”), is the licensing board for Vermont podiatrists, physicians, anesthesiologist assistants and physician assistants and operates pursuant to 26 V.S.A. Chapters 7, 23, 29 and 31. The Department, on behalf of the Board, contracts with one or more attorneys, primarily to serve in the capacity of presiding officer at Board meetings and disciplinary hearings. Board meetings are generally held in the town of Randolph, and the Board offices are in Burlington, but meetings and hearings may be held at other locations.

The State anticipates awarding two or more two-year contracts pursuant to this RFP, renewable at the State’s option and subject to availability of funding for two additional consecutive one year periods, as follows:

• One contract for services on a regular basis from the same attorney, anticipated to be called upon to provide services one day per month and possibly additional time as needed; and

• One or more contracts with attorneys anticipated to be called upon only as needed, on a very infrequent basis, if at all.

The State does not guarantee assignment of any minimum number of hours of work to any of the attorneys awarded any contracts pursuant to this RFP.

2. Scope of Work:

Contractors may be asked to provide legal services to the Board of Medical Practice at Board meetings, hearings or as otherwise requested and as assigned by the Executive Director of the Board or the Director’s designee. The Contractors’ primary responsibility will be to serve as the Board’s legal counsel in contested cases. Contractors will also provide other legal services to the Board of Medical Practice as requested by the Executive Director.

In addition, Contractors may be called upon to provide other legal services to the Department of Health and the Board of Health as requested and as assigned by the Health Commissioner or the Commissioner’s designee.

3. Bid Format and Contents:

Please include the following in your proposal:

1. The form on the last page of this RFP document, completed and signed;

1. The attorney’s résumé or curriculum vita;

1. The names of and contact information for three current or recent professional references;

1. Verification that the attorney is currently licensed in good standing in the State of Vermont;

1. Disclosure and analysis of the potential for actual or perceived conflict(s) of interest, should the attorney be awarded a contract, given the nature of the attorney’s usual work;

1. A narrative description of the attorney’s specific experience and expertise that qualifies him or her to:

1. Serve as a presiding officer at disciplinary hearings; and
2. Provide the other services described in the scope of work.

1. The attorney’s proposed hourly rate for legal services.

1. Contract Terms:

1. Any contracts awarded pursuant to this RFP will be subject to all customary contract terms of the State of Vermont, the Vermont Agency of Human Services and the Vermont Department of Health and such other terms as the State deems appropriate.

1. Contractors will also be required to have, maintain and provide a current certificate of insurance for professional liability insurance that covers any and all services contractors may be called upon to provide under this contract, with a minimum coverage of $500,000 per occurrence, $500,000 annual aggregate.

1. The State may make office facilities available to contractors at the offices of the Board of Medical Practice in Burlington, but only when the State deems such necessary, such as when the contractor is required to work with original or confidential Board files, or when his or her presence at the Board offices is otherwise required.

1. The State may reimburse contractors for mileage costs it determines to be necessary when incurred in the performance of this contract in accordance with the reimbursement amount and procedures offered to Vermont state employees. The State will not pay contractors for any other expenses related to work under this contract.
2. Attorneys awarded contracts pursuant to this RFP must agree that they will not advise or represent any persons or entities with respect to any interest, matter, claim, proceeding or lawsuit they may have against the State of Vermont or any of its agencies or instrumentalities during the term of this contract; and that after termination of any such contract, they will not advise or represent any person or entity with respect to any interest, matter, claim, proceeding or lawsuit related to any of the attorneys’ work under such contract.

Questions or requests for further information regarding this RFP should be sent to:

William E. Wargo, Executive Director

Board of Medical Practice

Vermont Department of Health

P.O. Box 70

108 Cherry Street

Burlington, Vermont 05402

(802) 657-4220

***PLEASE COMPLETE AND SUBMIT THE FORM ON THE NEXT PAGE*** WITH YOUR BID DOCUMENTS.

PLEASE COMPLETE AND SUBMIT THIS FORM WITH YOUR BID DOCUMENTS.

The State anticipates awarding two or more contracts as a result of this RFP. Please check the category or categories for which you wish your bid to be considered:

______One contract for services on a regular basis from the same attorney, anticipated to be called upon to provide services one day per month and possibly additional time as needed.

______One or more contracts with attorneys anticipated to be called upon only as needed, on a very infrequent basis, if at all.

The undersigned has read, understood and accepted all provisions, terms and conditions of this request for proposals, and understands that the State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Bidders may be asked to schedule an interview or to give a verbal presentation of their proposal after submission. Failure of a bidder to respond to a request for additional information or clarification could result in rejection of that bidder’s proposal. The State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause; to waive technicalities in submissions, to secure a contract that is deemed to be in the best interest of the State. The State also reserves the right to obtain services outside of the awarded contracts where it is deemed in the best interest of the State and reserves the right to make additional awards to other bidders who submitted proposals at any time during the first year of any contract if such award is deemed to be in the best interest of the State.

VERMONT TAX CERTIFICATE

To meet the requirements of Vermont Statute 32 V.S.A. § 3113, by law, no agency of the State may enter into, extend or renew any contract for the provision of goods, services or real estate space with any person unless such person first certifies, under the pains and penalties of perjury, that he or she is in good standing with the Department of Taxes. A person is in good standing if no taxes are due and payable and all returns have been filed, if the liability for any tax that may be due is on appeal, or if the person is in compliance with a payment plan approved by the Commissioner of Taxes, 32 V.S.A. § 3113.

By signing below, the bidder certifies under the pains and penalties of perjury that the company/ individual is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont as of the date this statement is made.

Date:______

Signature:______

Type or Print Name:______

Name of Company: ______Telephone Number:______

E-mail address: ______

Vermont Department of Health

Request For Proposal: Contract Attorney Services For The Board of Medical Practice

June 6, 2008

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