Specifications include, but are not limited to: 4.1. KDHE anticipates the Contractor shall provide representation in all aspects of litigation related to bankruptcy matters. Services shall include, but not be limited to, appropriate factual and legal investigation of claims; tracking of relevant bankruptcies; filing and responding to motions and other pleadings; conducting appropriate discovery; engaging appropriate expert, consulting, and litigation support services; negotiating with opposing counsel; appearing on behalf of the State in hearings and at trial(s); and prosecuting or defending claims. Contractor shall make necessary arrangements to appear in various bankruptcy courts, as needed, and assist KDHE legal staff in their appearances, as statutorily required. 4.2. The Contractor shall work directly with KDHE legal staff. The identity and responsibilities of the designated staff shall be determined solely by KDHE. The Contractor(s) shall act pursuant to the terms of a signed, written agreement with the State of Kansas and KDHE. 4.3. KDHE will be actively involved in all stages of any litigation and will have final authority over all aspects of the litigation, including, but not limited to, which claims to assert and whether and on what basis to settle or proceed to trial. Firms seeking this appointment should be prepared to appear in actions and pursue bankruptcy claims as deemed appropriate by KDHE. 4.4. The Contractor shall be required to meet, coordinate with and submit interim reports to KDHE as requested regarding the nature, progress, costs, and extent of the legal services rendered or remaining to be completed. At a minimum, interim status reports must include current status, any significant events that have occurred since the previous status report, and a prospective analysis of any significant future events. 4.4.1. Contractor shall timely provide to the KDHE: • All relevant case information and documents to KDHE, including pleadings, discovery requests, and motions. • Notice of all case activity, including court dates, bar dates, discovery deadlines, and court rulings. • Updates of all case activity as requested, including negotiations and appeals. • Suggestions for case strategy and other information needed to determine other case actions; and • Settlement offers. At no time shall the Contractor settle or compromise claims in this action without the express written authorization of KDHE. 4.5. Required RFP Response Information: Each response to this request for proposal must include the following information: 4.5.1. Qualifications: 4.5.1.1 For each type of matter, please describe Contractor’s knowledge, expertise and experience in: i. Bankruptcy litigation. ii. Environmental, public health, and/or health care finance litigation. iii. Administrative law; and iv. Ability to marshal human resources necessary to handle litigation. 4.5.1.2 Has Contractor represented the State of Kansas or other governmental entities, including other states, within the past five years? If yes, please describe the scope of this representation, including: i. the client(s) represented. ii. who can be contacted at each client for references. iii. the type of matter(s) handled. iv. whether Contractor met or exceeded its budget (if any) in the case; and v. a description of the outcome.
