APRIL 2024 | DOWNLOAD PDF HERE

Purpose

Power Forward Communities, Inc. (PFC) has initiated a Request for Proposal (RFP) process to identify a panel of legal counsel which will be able to represent PFC in a variety of legal matters as it relates to fulfilling its obligations and commitments under a potential grant from the Environmental Protection Agency’s National Clean Investment Fund (NCIF).

Please note that the Environmental Protection Agency has not yet made this grant award and, because of that, the award of this RFP is contingent upon PFC receiving notice from the Environmental Protection Agency that it has been selected as one of the grant awardees.

Overview

PFC seeks to establish a panel of legal counsel who will be able to represent PFC in a variety of legal matters and advice including, but not limited to:

• Summary of Required Services

  • Corporate transactions

  • Data Privacy and Cybersecurity

  • Davis Bacon, Build America Buy America and Organized Labor

  • Employment Law and Labor Relations

  • Environmental Law and Regulation

  • Exempt Organizations and Not-for-Profit Corporate Governance

  • Financing, Lending and Consumer Protection

  • Government Contracting and Compliance

  • Subrecipient Agreements

  • Intellectual Property

  • Litigation

  • Tribal and Indian Nations

• Eligibility on Bidding

  • Attorneys who are licensed to practice within a state jurisdiction of the United

    States.

• Period of Performance

  • 5 years with the option to extend the retention at the sole discretion of PFC.

About Power Forward Communities

Power Forward Communities (PFC) is a coalition of the country’s most trusted community development and housing organizations, including Enterprise Community Partners, Habitat for Humanity International, Local Initiatives Support Corporation (LISC), Rewiring America, and United Way Worldwide. PFC is an applicant for the National Clean Investment Fund (NCIF) grant from the Environmental Protection Agency (EPA) to spearhead affordable and accessible residential decarbonization throughout the country, with a specific focus on low-income and disadvantaged communities.

Project Overview

PFC intends to create a panel of legal counsel that will be able to represent the corporation from the time of the potential announcement of a United States Environmental Protection Agency (EPA) Greenhouse Gas Reduction Fund award through administration of the grant and additional activities.

Scope of Work and Deliverables

PFC seeks to create a panel of legal counsel who can represent it in a variety of matters. PFC anticipates appointing more than one firm to the panel for each practice area to ensure its legal needs are met going forward. Individual firms will be selected from the panel of approved providers for each matter as determined by PFC.

Budget

PFC anticipates that some legal services will be eligible for reimbursement under the Grant while other legal services will not. Any providers selected for the panel must be willing and able to submit invoices consistent with the requirements of the Grant and Code of Federal Regulations and adhere to the EPA standard terms and conditions and any additional EPA requirements for those matters which are eligible for reimbursement.

Please include:

1. How would you staff this work? Please provide a list of the individuals who would work on this project, their relevant expertise and experience.

2. How would you price this work? Please provide the hourly rates for the firm’s attorneys and paraprofessionals and indicate any discount from the hourly rates quoted. Please indicate the firm’s willingness to contract this work via a fixed-price or capped fee arrangement, and if so, how a fixed-price or capped fee would be developed. Please include an explanation of what, if any, expenses would be billed to PFC.

3. How would you satisfy EPA's DBE good faith requirements? Please provide any materials you have that would speak to the firm's ability to help PFC satisfy the EPA's requirement to use "good faith efforts" to ensure opportunities for disadvantaged business enterprises.

Proposal Materials

Responses should include the following materials:

• Cover letter on company letterhead (should include the name, title, address, telephone number, and e-mail address for point of contact for the applying organization).

• Qualifications (either as its own section or part of the narrative) to include the contractor’s qualifications to conduct the scope of work activities, expertise, knowledge, and experience. Experience should include examples of conducting similar or related work. Attached are specific questions to be answered with regard to certain types of representation.

• Resumes and bios for each individual on the team, including information about their experience with similar projects and professional qualifications.

• Based on the past projects identified in the qualification section, include descriptions of representative matters (no more than three).

• Based on the past projects identified in the qualification form, attach current contact information of clients for whom similar services were provided (no more than three).

• Partner Demographics Questionnaire – See Attachment 3.

• For each practice area that the Firm is applying to be considered for the panel please include a response to the questions below:

Consumer Protection

With respect to consumer protection law all the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience in consumer protection law.

2. Have one or more partners of the firm with a minimum of ten years of experience representing a not-for-profit consumer lender.

Corporate Transactions

With respect to corporate transactional matters all the following qualifications must be met

1. Have one or more partners of the firm with a minimum of ten years of experience in corporate transactions.

2. Have one or more partners of the firm with a minimum of ten years of experience representing a not-for-profit organization in corporate transactions.

Data Privacy and Cybersecurity

With respect to Data Privacy and Cybersecurity, all the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience in data privacy law.

• a. Be able to advise PFC on best practices in data privacy.

• b. Be able to advise PFC on changes in state and local laws and how to modify policies and procedures to comply with changes in the law.

2. Have one or more partners of the firm with a minimum of ten years of experience in cyber law.

Davis Bacon, Build America Buy America and Organized Labor

With respect to Davis Bacon and Organized Labor, all the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience in the application of Davis-Bacon to federally financed projects.

2. Have one or more partners of the firm with a minimum of ten years of experience negotiating agreements with organized labor.

Employment Law and Labor Relations

With respect to Employment Law and Labor Relations, all the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience in defending employers in state and federal employment matters in court, before governmental agencies and in administrative proceedings in claims involving discrimination, unlawful workplace harassment, retaliation, invasion of privacy, and wage relations.

2. Have one or more of its partners of the firm with a minimum of ten years of experience in representing and counseling employers in matters involving reasonable accommodations, Family Medical Leave Act, employee contracts and employee benefits.

Environmental law and regulation

With respect to environmental matters, all the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience in environmental matters.

2. Have one or more partners of the firm with a minimum of ten years of experience representing clients with respect to State Environmental Quality Reviews (SEQRA) and environmental impact statements.

Exempt Organizations and Not-for-Profit Corporate Governance

With respect to exempt organization matters, all of the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience advising organizations exempt pursuant to Section 501(c)(3) of the Internal Revenue Code on compliance with federal tax code and regulations.

2. Have one or more partners of the firm with a minimum of ten years of experience advising organizations on charitable registration.

3. Have one or more partners of the firm with a minimum of ten years of experience advising not-for-profit corporations on corporate governance.

Financing, Lending and Consumer Protection

With respect to financing, lending and consumer protection matters, all of the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience advising not-for-profit lenders on distribution of capital to deployment partners.

2. Have one or more partners of the firm with a minimum of ten years of experience advising not-for-profit lenders on incoming capital arrangements.

3. Has one or more partners of the firm with a minimum of ten years of experience advising Federal grant recipients on program capital.

4. Have one or more partners of the firm with a minimum of ten years of experience in consumer protection law.

5. Have one or more partners of the firm with a minimum of ten years of experience representing a not-for-profit consumer lender.

Government Contracting and Compliance

With respect to government contracting and compliance, all of the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience advising Federal grant awardees on negotiating federal grant agreements.

2. Have one or more partners of the firm with a minimum of ten years of experience advising Federal grant awardees on drafting and negotiating subrecipient agreements.

3. Have one or more partners of the firm with a minimum of ten years of experience advising Federal grant awardees on compliance with federal contracts, including audits.

Intellectual Property

With respect to intellectual property, all of the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience advising corporations on trademarks.

2. Have one or more partners of the firm with a minimum of ten years of experience advising corporations on copyright protection.

Litigation

With respect to litigation matters, all of the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience representing corporations on complex litigation in federal and state courts, arbitration and alternative dispute resolution.

2. Have one or more partners of the firm with a minimum of ten years of experience with internal investigations.

3. Have one or more partners of the firm with a minimum of ten years of experience representing federal grantees in external investigations including congressional or other oversight hearings.

Tribal and Indian Nations

With respect to Tribal and Indian nations matters, all of the following qualifications must be met:

1. Have one or more partners of the firm with a minimum of ten years of experience representing organizations contracting with tribal or Indian nations.

2. Have one or more partners of the firm with a minimum of ten years of experience representing organizations providing services on tribal or Indian nations.

Selection Criterias

Applicants will be evaluated on the following characteristics:

• Qualifications – 25%

  • The applicant has the qualifications necessary to successfully complete the scope of work.

  • The applicant has prior experience working on similar projects.

  • The applicant has prior experience working with similar organizations.

  • Or other Qualification criteria identified in Proposal Materials Section.

• Approach – 25%

  • The proposal demonstrates an understanding of the project objectives and desired

    results.

  • The proposal illustrates an approach to the scope of work that will likely lead to

    successful results.

  • The proposal illustrates the contractor’s ability to successfully execute the proposed

    approach.

• Experience and Past Performance– 25%

  • Demonstrated expertise as evidenced by professional certifications, accreditations, or

    industry recognition.

  • Quality of submitted examples of representative work.

  • Past relevant experience and performance of similar projects.

• Budget – 25%

  • The proposal includes an approach to flat rate engagements.

  • The proposal includes hourly rates.

  • The proposal describes how overhead and expenses will be minimized and controlled.

  • The proposed costs are reasonable.

  • In addition, PFC may contact references to confirm quality of work and a history of

    responsiveness and good communication skills.

PFC will select the proposal which it determines will deliver the highest quality deliverable at the best value. Proposals will be evaluated using the weighted criteria identified above.

PFC, in its sole discretion, may request proposal interviews or presentations by meeting with any and all applicants to clarify or negotiate modifications to proposals. However, PFC reserves the right to make an award without further discussion of the proposals submitted. Therefore, proposals should be submitted initially on the most favorable terms, from both technical and price standpoints, that the applicant can propose.

Submission Instructions 

Proposals are due by 5:00 PM Eastern Standard Time on May 3, 2024.

Inquiries concerning this RFP should be directed to RFP@powerforwardcommunities.org with subject line “Legal Representation RFP.”

Proposals must be submitted to: RFP@powerforwardcommunities.org.

All costs incurred in the preparation of a response to this RFP are the responsibility of the applicant and will not be reimbursed by PFC. By submitting a proposal, the applicant commits to the terms and conditions outlined in this RFP.

Requests for exception to any terms or conditions must be submitted with the proposal. PFC reserves the right to deny requests for exception to any terms and conditions. Requested exceptions will be factored into PFC’s consideration of award.

Right to Reject

PFC reserves the right, in its sole discretion, to reject any and all responses received in response to this RFP. A contract for the accepted response will be based upon the factors described in this RFP.

Disadvantaged Business Enterprises

PFC is required to make the following good faith efforts whenever procuring construction, equipment, services and supplies to ensure disadvantaged business enterprises (DBEs) have the opportunity to compete for procurements funded by EPA financial assistance. Please advise in the context of your response whether you are a registered DBE and, if not, whether you plan to engage in any subcontractors who are registered DBEs.

Confidentiality

PFC is issuing this RFP for the express and sole purpose of seeking legal representation and advice. Any information or documents shared by PFC with a potential applicant is made for that sole purpose, and in confidence. PFC considers all information or documents shared by it with a potential applicant in connection with this RFP to be subject to attorney client privilege and to be treated as such by a potential applicant.

If the applicant deems any materials submitted to be proprietary or confidential, the applicant must indicate as such in the relevant section(s) of the response.

Timeline and Notification of Selection

• RFP Posting: April 3, 2024 (30-day Notice Period Begins).

• Data Room includes (i) PFC’s NCIF application, (ii) a detailed PPT presentation explaining

• PFC’s Operating Model, and (iii) Partner Demographics Questionnaire.

• Q&A Calls: April 9 – 13 (PFC will host a call with each individual applicant at their request to brief respondent on PFC’s NOFO response or Operating Model and to answer any questions that respondent has at this stage of the process).

• 30-day Notice Period ends: May 3, 2024.

• Deadline for RFP Responses: 5:00 PM Eastern Standard Time on May 3, 2024.

• Follow-up Questions from PFC to Bidders: Week of May 6, 2024.

• Interviews with Bidders (to the extent necessary): Week of May 13, 2024.

• Notice of Award: Week of June 3, 2024.

• Notify Other Respondents of Non-Award: Week of June 10, 2024.

Conflict of Interest

The applicant must disclose, in an attachment to the proposal, any possible conflicts of interest that may result from the award of the contract or the services provided under the contract. PFC recognizes that applications may represent members of the PFC coalition. Such representation will not necessarily preclude an applicant from representing PFC on matters unrelated to its representation of the coalition member.

Except as otherwise disclosed in the proposal, the applicant affirms that to the best of its knowledge there exists no actual or potential conflict between the applicant, the applicant’s employees or their families’ business or financial interests (“interests”) and the services provided under the contract. In the event of any change in either interests or the services provided under the contract, the applicant will inform PFC regarding possible conflicts of interest, which may arise as a result of such change and agrees that all conflicts shall be resolved to PFC’s satisfaction or the applicant may be disqualified from consideration under this RFP. “Conflict of interest” shall include, but not be limited to the following:

• Giving or offering a gratuity, kickback, money, gift, or anything of value to a PFC official, officer, or employee with the intent of receiving a contract from PFC or favorable treatment under a contract;

• Having or acquiring at any point during the RFP process or during the term of the contract, any contractual, financial, business, or other interest, direct or indirect, that would conflict in any manner or degree with applicant’s performance of its duties and responsibilities to PFC under the contract or otherwise create the appearance of impropriety with respect to the award or performance of the contract; or

• Currently possessing or accepting during the RFP process or the term of the contract anything of value based on an understanding that the actions of

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

Contractors that apply or bid for an award exceeding $100,000 must file the required certification.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Applicable Requirements

SAM Registration

All contractors receiving federal funds through PFC must maintain an active account in the System for Award Management (SAM). SAM is a free web site hosted by the federal government that consolidates the government-wide award reporting systems into one system. SAM streamlines processes, eliminating the need to enter the same data multiple times, and consolidates hosting to make the process of doing business with the government more efficient.

The website and information on how to create a user account is found at https://www.sam.gov/SAM/. To receive an award, contractors must not have active exclusions or delinquent federal debt and may not be currently debarred, suspended, proposed for debarment or declared ineligible for awards by any federal agency. Additionally, make sure that any subcontractors that receive federal funds are aware that they must be registered in SAM in order to be in compliance with federal reporting requirements.

Federal Funding Accountability and Transparency Act (FFATA)

Contractors must comply (as applicable) with FFATA and provide necessary information to enable PFC to comply with FFATA reporting requirements. Please visit http://www.fsrs.gov for more information.

High-Rate Limitation

PFC may not provide reimbursement for payment of the salary of a contractor at more than the daily equivalent of the rate paid for the level IV of the Executive Schedule. For more information on the Executive Schedule, please see the Office of Personnel Management (OPM) website at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2024/general-schedule. In order to verify this requirement is being met, PFC may require additional information regarding a breakout of direct and indirect expenses within budgets and rates.

Data Room

If you would like access to the Data Room, please email RFP@powerforwardcommunities.org for assistance.

1. EPA’s Notice of Funding Opportunity (EPA-R-HQ-NCIF-23) (live in data room)

2. Partner Demographics Questionnaire (live in data room)

3. PFC Standard Terms & Conditions (to come)

4. PFC Contractor Insurance Requirements (to come)

5. PFC’s NCIF Application

6. PFC Operating Model Overview