Specifications include, but are not limited to: NMDOT requires on-call legal services in rail matters under situations where the Office of General Counsel is unable to provide the required service due to a lack of specialized expertise, emergent need due to staffing constraints, or where a conflict of interest necessitates outside counsel representation. Resultant legal assignments may include the defense or prosecution of administrative claims, lawsuits, or related appeals and participation in related, alternative means of dispute resolution, transactional work, and non-litigation legal services including provision of oral or written legal advice or opinions. A specific scope of work shall be negotiated upon entry into a contract. The following describes the scope of legal services sought through this RFP, which may be assigned to the selected lawyer or law firm. 1. Representation before federal and state tribunals and courts for adjudication, litigation, and appellate matters through full resolution. 2. Transactional services including contract development, negotiation and compliance concerning management, operation, and use of NMDOT railroad property, and related regulatory program implementation, i.e. positive train control and safety. 3. Counsel services including legal analysis and opinion support services concerning rail law, governing regulations and policies, developing industry practices and trends, NMDOT statutory rail authority and related risk management related to NMDOT railroad property.
