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This Solicitation is Now Closed
Request for Proposals Saratoga Technology + Energy Park Counsel Services
The New York State Energy Research and Development Authority (NYSERDA) requests proposals from law firms to provide counsel and related services to NYSERDA for the Saratoga Technology + Energy Park (STEP) in Malta, New York. Services include, but are not limited to, representation in real estate transactions and the full gamut of permitting, environmental review, and business issues as they relate to the development of the site. Download the Request for Proposals (RFP) from NYSERDA's web site at www.nyserda.org, or request the RFP from Karen Whalen by fax at (518) 862-1091, e-mail at kew@nyserda.org, or by mail. Please indicate that you are requesting RFP No. 727-02. Ten (10) copies of the complete proposals must be submitted to:
Technical questions on RFP 727-02, Saratoga Technology + Energy Park Counsel Services, should be directed to Hal Brodie at (518) 862-1090, ext. 3280 or hb1@nyserda.org. Contractual questions should be directed to Mary Sauvie at (518) 862-1090, ext. 3229, or mks@nyserda.org. *Late proposals will be returned. Faxed or e-mailed proposals will not be accepted. Proposals will not be accepted at any other NYSERDA location other than the address specified above. I. INTRODUCTION NYSERDA is a public benefit corporation of the State of New York created and operating under the provisions of Public Authorities Law, §§1850 et. seq. The purposes and powers of the NYSERDA include promoting and developing energy and environmental facilities at the site now known as the Saratoga Technology + Energy Park (STEP); conducting energy research, development, and demonstration programs; providing services to facilitate improvements in energy efficiency in the public and private sector; providing objective analysis of energy issues; managing radioactive wastes and facilities in West Valley, New York; and reducing costs of public utility and other energy facilities through tax-exempt non-recourse revenue bond financing. STEP is a first-of-its-kind technology park devoted to clean-energy, energy efficient, and environmental technologies. STEP is a joint effort of the New York State Energy Research and Development Authority, the Saratoga Economic Development Corporation (SEDC) and the University at Albany. HISTORY OF THE STEP SITE In 1945, the federal government acquired a 165-acre parcel of land located in the Town of Malta, Saratoga County. Throughout the latter 1940s, 1950s, and early 1960s, the federal government, its site operator -- General Electric Company (GE) -- and other federal contractors used the site, then known as the Malta Test Station, for rocket engine and fuel testing and space research activities. The federal government then put the property on the market as surplus. At the request and in the name of the State, NYSERDA's predecessor, the New York State Atomic and Space Development Authority (ASDA), acquired it in 1964, then added 280 adjacent acres, and renamed the site the Saratoga Research and Development Center (SRDC). The site continued to be used for various federal space-related and weapons testing work by lessees who were federal contractors. NYSERDA assumed ownership of the property when it was created as ASDA's successor in 1975 and changed the site's mission to that of energy research and development. In 1982, NYSERDA's Board determined as a matter of policy that the SRDC did not have strong prospects for use for its energy research and development mission at that time and that NYSERDA should try to dispose of the site. In December of 1984, NYSERDA sold an 81-acre core portion of the old federal Malta Test Station part of the SRDC to a tenant federal contractor, Wright-Malta Corporation, originally spun off from GE. Wright-Malta has performed federal weapons testing at the site and continues to do so. The sale left NYSERDA with nearly 360 acres of land and four buildings. In 1996, NYSERDA sold an additional 84 acres to Wright-Malta. Wright-Malta now owns the entire original 165-acre Malta Test Station property and NYSERDA owns the 280 acres acquired by the State in the late 1960s, including one building completed in about 1970. In 1985, significant levels of hazardous chemicals were found in water from wells located on the portion of the site that had been sold to Wright-Malta. The water was used for drinking as well as other purposes and supplies the entire site, not just the part sold to Wright-Malta. Additional NYSERDA investigation detected some of those substances on the property it still held. NYSERDA began investigating the sources and extent of the contamination and made Wright-Malta install an air stripper to help remove the contaminants from the water being withdrawn from the wells. In 1987, under the federal "Superfund" law, the U. S. Environmental Protection Agency (EPA) added the entire 445 acre site, including the original Malta Test Station and the 280 subsequently obtained acres to the National Priorities List of sites contaminated by hazardous substances, as the "Malta Rocket Fuel Area." EPA issued an administrative order to "potentially responsible parties" associated with the site, including NYSERDA requiring a remedial investigation and feasibility study (RI/FS) to determine the sources and extent of contamination and evaluate the clean-up options. In 1990, NYSERDA entered into a Participation Agreement with GE and the U. S. Department of Defense (DOD) to conduct the RI/FS and share its costs. The site was thoroughly investigated and it was determined that the only issue of ongoing concern is some ground water contamination that is predominantly under the property owned by Wright-Malta. That ground water is being treated by GE pursuant to a Consent Decree with EPA issued in 1998. The EPA has determined that as long as the ground water is treated before use, even the Wright-Malta property does not present any unacceptable risks to health. After the environmental concerns were addressed, NYSERDA again looked at the property to determine its best use. NYSERDA joined with the Saratoga Economic Development Corporation (SEDC) and the University at Albany to form a joint effort to develop the property as a technology park devoted to clean energy, energy efficient, and environmental technologies. STEP is the only technology park in the nation with this focus. Governor Pataki announced the establishment of this effort in August, 2001. NYSERDA has since leased the existing building to two companies that fit STEP's mission and NYSERDA has issued an RFP to acquire the services of a planner to assist in developing a master plan for the site. II. SCOPE OF SERVICES The firm selected will be expected to provide legal advice, counsel, and representation for NYSERDA with respect to issues involving the development of the STEP site. These services could include, but are not limited to, representation in real estate transactions and the full gamut of permitting, environmental review, and business issues that may be involved in the development of the site. III. PROPOSAL A. Qualifications and Personnel. In setting forth its qualifications, each interested firm should provide, in concise but adequate detail, the information sought below. 1. State the names of the partners and associates who would be assigned to NYSERDA's account, provide their resumes, and describe the percentage of the firm's time commitment to the NYSERDA account that each person would be anticipated to provide. 2. Describe the experience and expertise of the firm and the individuals listed in response to item 1 above in dealing with real estate development issues, especially development of technology parks and similar projects, including related infrastructure, such as water, gas, sewer, telecommunications, and electric power. 3. State the experience and expertise of the firm and the individuals
listed in response to item 1 above in dealing with State Environmental
Quality Review Act issues, especially as they relate to real estate
development. 5. Provide three client references, including names of contacts and telephone numbers. 6. Identify the nature of any potential conflict of interest your firm might have in providing counsel services to NYSERDA:
7. Identify any litigation or administrative proceedings to which you are a party and which would either materially impair your ability to perform the services enumerated herein and for which this RFP was issued or, if decided in an adverse manner, materially adversely affect the financial condition of your firm. 8. Provide any other information you believe would make your law firm's representation of NYSERDA superior to other firms' representation. B. Cost. 1. State the rates at which the services of partners, associates, and non-attorney law clerks, paralegals, or other paraprofessionals would be provided to NYSERDA during the first two years of representation; which partners and associates are expected to perform which services, to the extent reasonably projectable; and how these services would be billed. Include:
In responding to this item III(B)(1), provide one or more of the
following, in respondent's order of preference: (i) an hourly rate
for all partners and a separate hourly rate for all associates; (ii)
a blended hourly rate for all partners and associates; and (iii) the
individual hourly rates for each partner and each associate. 2. State the bases on which any other firm expenses related to services provided to NYSERDA would be billed, if other than cost. 3. State any special considerations with respect to billing or payment of fees and expenses that your firm offers and that you believe would differentiate it from other proposers and make your firm' s services as counsel more cost effective for NYSERDA. C. Contract. 1. In responding to III (C)(1), provide the retainer agreement your firm proposes using if selected by NYSERDA under this RFP. IV. EVALUATION AND SELECTION A. Evaluation Factors. In evaluating proposals submitted in
response to this RFP, NYSERDA will consider the following factors,
not necessarily in order of importance. 1. Experience in general and, in particular, as counsel in matters involving real estate and business development, especially development of technology parks. 2. Quality and depth of the firm's expertise in providing similar services, including, but not limited to, past performance on projects and programs of magnitude or complexity comparable to or greater than STEP. For those firms who have worked as counsel in any capacity for NYSERDA, the quality of work in any such matter will be considered. 3. Commitment of time, resources, and ideas to NYSERDA. 4. Availability to and facility for working with NYSERDA attorneys and STEP Program staff. 5. Anticipated cost of services and willingness to work with NYSERDA to minimize costs. (Although proposed fees will be taken into account in the selection process, NYSERDA reserves the right to negotiate, with any firm selected, lower fees or a different fee structure than proposed.) 6. Information provided by client references. 7. Overall organization and quality of proposal, including cohesiveness, conciseness, and clarity of response. B. Selection Process. A selection committee consisting of NYSERDA staff will review and evaluate proposals according to the evaluation criteria set forth above. The committee will make a recommendation to the President of NYSERDA who will make the final determination. V. PROPOSAL INSTRUCTIONS AND CONDITIONS A. Limitations. 1. This RFP does not commit NYSERDA to award a contract, pay any costs incurred in the preparation of a response, or procure or contract for services of any kind whatsoever. NYSERDA reserves the right to accept or reject any or all responses as a result of the RFP, to negotiate with any or all considered firms, or to cancel this RFP in whole or in part. 2. A proposing firm may be asked to submit additional information, attend interviews, or negotiate concerning aspects of the proposal, and to submit any price, technical, or other revisions to its proposal which may result from such negotiations. 3. From among the proposals received, NYSERDA intends to select one or more law firms to serve as counsel to NYSERDA. It is anticipated that the firm or firms selected will serve in that capacity, at the pleasure of NYSERDA, for a two-year period with the possibility of annual renewals, at NYSERDA's discretion for an additional three years. 4. Proprietary Information - Careful consideration should be given before confidential information is submitted to NYSERDA as part of your proposal. Review should include whether it is critical for evaluating a proposal, and whether general, non-confidential information, may be adequate for review purposes. The NYS Freedom of Information Law, Public Officers law, Article 6, provides for public access to information NYSERDA possesses. Public Officers Law, Section 87(d)(2) provides for exceptions to disclosure for records or portions thereof that "are trade secrets or are submitted to an agency by a commercial enterprise or derived from information obtained from a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise." Information submitted to NYSERDA that the proposer wishes to have treated as proprietary, and confidential trade secret information, should be identified and labeled "Confidential" or "Proprietary" on each page at the time of disclosure. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excepted. See Public Officers Law, Section 89(5) and the procedures set forth in 21 NYCRR Part 501. 5. Omnibus Procurement Act of 1992 - It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises, as bidders, subcontractors, and suppliers on its procurement Agreements. Information on the availability of New York subcontractors and suppliers is available from: Empire State Development A directory of certified minority- and women-owned business enterprises is available from: Empire State Development 6. Disclosure Requirement - The proposer shall disclose any indictment for any alleged felony, or any conviction for a felony within the past five years, under the laws of the United States or any state or territory of the United States, and shall describe circumstances for each. When a proposer is an association, partnership, corporation, or other organization, this disclosure requirement includes the organization and its officers, partners, and directors or members of any similarly governing body. If an indictment or conviction should come to the attention of NYSERDA after the award of a contract, NYSERDA may exercise its stop-work right pending further investigation, or terminate the agreement; the contractor may be subject to penalties for violation of any law which may apply in the particular circumstances. Proposers must also disclose if they have ever been debarred or suspended by any agency of the U.S. Government or the New York State Department of Labor. B. Format. Unnecessary attachments beyond those sufficient to present a complete, comprehensive, and effective response will not influence the evaluation of the proposal. C. Proposal Submission. 1. Proposals must be submitted in two parts. Part I must consist of responses to the management items [III(A) above]. Part II must consist of complete contract cost and pricing information [III(B) above] and the proposed retainer agreement [III (C) above]. Each part must be complete, so that it can be evaluated independently. 2. All material submitted in response to this RFP will become the property of NYSERDA. 3. The proposal must be signed by a person authorized to bind the firm. 4. The completed Proposal Checklist, attached, must be attached to the front of each copy. 5. Non-responsive proposals include, but are not limited to, those that:
NYSERDA may waive minor informalities or irregularities in a proposal that are merely a matter of form and not substance and the correction of which would not be prejudicial to other proposals. 6. A proposer must submit 10 copies of Parts I and II to:
Responses must be received no later than 3:00 pm at the above address on September 17, 2002. Any proposal or part thereof not received by the required date and time will not be considered and the proposing firm will be disqualified. Mark the packages as follows: Response to Request for Proposals No. 727-02, Saratoga Technology + Energy Park Counsel Services. 7. Any inquiries concerning this Request for Proposal should be directed to:
Additional background information on NYSERDA is available on the world wide web at www.nyserda.org
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