RFQ - General Litigation

REQUEST FOR QUALIFICATIONS
FOR SPECIAL LEGAL COUNSEL FOR
GENERAL LITIGATION
Date Issued: May 18, 2026
Question and Answer Cut-Off Date: June 5, 2026
Proposal Due Date: June 18, 2026
"Protecting Public Health and the Environment"
Brendan Murphy
Chairman
Luis A. Quintana
Vice Chairman
Elizabeth Calabrese
John J. Cosgrove
C. Lawrence Crump
James P. Doran
Joseph F. Isola
Hector C. Lora
Joshua A. Zielinski
Commissioners
Gregory A. Tramontozzi
Executive Director
Michael D. Witt
General Counsel
Passaic Valley Sewerage Commission
600 Wilson AvenueNewark, New Jersey 07105973.817.5944
RFQ - General Litigation

TABLE OF CONTENTS
1.0 PURPOSE AND INTENT ...................................................................................................1
2.0 SCOPE OF SERVICES .......................................................................................................1
3.0 TERM ..................................................................................................................................1
4.0 SPECIAL LEGAL COUNSEL GUIDELINES ...................................................................1
4.1 CONFLICT OF INTEREST ....................................................................................2
4.2 COSTS .....................................................................................................................2
5.0 RFQ PROCESS ...................................................................................................................2
5.1 SUBMISSION .........................................................................................................2
5.2 RFQ QUESTION AND ANSWER PERIOD ..........................................................3
5.3 ADDENDA TO THE RFQ ......................................................................................3
5.4 SOLE RESPONSIBILITY OF BIDDER TO MONITOR FOR ADDENDA .........3
5.5 PUBLIC RECORDS ................................................................................................3
5.6 PVSC NOT RESPONSIBLE FOR COSTS .............................................................4
6.0 REQUIRED COMPONENTS OF PROPOSAL IN RESPONSE TO THIS RFQ ..............4
6.1 COVER SHEET .......................................................................................................4
6.2 FIRM PROFILE.......................................................................................................4
6.3 QUALIFICATIONS AND EXPERIENCE IN AREA OF LAW ............................5
6.4 OTHER QUALIFICATION INFORMATION .......................................................6
7.0 FEES ....................................................................................................................................7
8.0 ADDITIONAL TERMS ......................................................................................................8
8.1 ADDITIONAL REQUIREMENTS FOR ALL PVSC
AGREEMENTS - ATTACHMENTS B THROUGH I ..........................................8
8.2 NO ENDORSEMENT .............................................................................................8
8.3 EFFECT OF SUBMITTING PROPOSAL ..............................................................8
8.4 EFFECT OF INCLUSION ON LIST ......................................................................8
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9.0 SELECTION PROCESS .....................................................................................................8
9.1 PROPOSAL RESPONSIVENESS ..........................................................................8
9.2 EVALUATION OF PROPOSALS ..........................................................................9
9.3 RANKING AND RECOMMENDATION OF PROPOSALS ................................9
9.4 OPTIONAL INTERVIEWS AND/OR ORAL PRESENTATIONS .......................9
9.5 DESIGNATION AND APPROVAL .......................................................................9
9.6 NOTIFICATION ...................................................................................................10
9.7 RESERVED RIGHTS ...........................................................................................10
10.0 SPECIAL LEGAL COUNSEL DESIGNATIONS AND
RETAINER AGREEMENTS ............................................................................................10
10.1 SPECIAL LEGAL COUNSEL DESIGNATION ..................................................10
10.2 RETENTION LETTER .........................................................................................11
10.3 PVSC'S RIGHT TO TERMINATE A SPECIAL LEGAL
COUNSEL DESIGNATION .................................................................................11
11.0 ATTACHMENTS ..............................................................................................................11
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1.0 PURPOSE AND INTENT
The Passaic Valley Sewerage Commission ("PVSC") issues this Request for Qualifications
("RFQ") intending to select Special Legal Counsel for the Scope of Services as described in
Section 2.0. PVSC seeks attorneys or law firms1 with five or more years of experience in the stated
practice area.
2.0 SCOPE OF SERVICES
The firms selected as Special Legal Counsel will be required to handle all aspects of
providing representation to PVSC and its employees in general litigation matters, when deemed
necessary by PVSC. This includes, but is not limited to, representing PVSC and its employees in
claims brought under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., and commercial
litigation.
3.0 TERM
The term of the Special Legal Counsel designation made pursuant to this RFQ will be for
a two-year period for the referral of new matters, and for a sufficient period to complete all
assigned cases. The estimated service period is September 1, 2026, through August 31, 2028.
4.0 SPECIAL LEGAL COUNSEL GUIDELINES
Counsel designated as Special Legal Counsel and retained on any specific matter shall be
required to comply with the Special Legal Counsel Guidelines (the "Guidelines") available for
review at PVSC's website (http://nj.gov/pvsc), under the "About Us" tab, or at the PVSC Legal
Department. The Guidelines may be updated from time to time. Such updates will be available at
the same website. By submitting a proposal, the bidder agrees that if and whenever it is retained,
1 Any attorney in good standing and licensed to practice law in the State of New Jersey is eligible
to submit a proposal in response to this RFQ.
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it shall abide by the Guidelines as written, as well as with any updates that may be made during
the term of the designation.
4.1 CONFLICT OF INTEREST
Section III of the Guidelines requires that Special Legal Counsel be free of any
conflict of interest. Firm is designated as Special Legal Counsel, have a continuing obligation to
disclose to PVSC any actual or potential conflicts that may arise during the term of designation.
Additionally, retained Special Legal Counsel shall not disclose any confidential information
learned or received during the retention period, either during the retention or at any time after the
retention has concluded.
4.2 COSTS
Special Legal Counsel shall have resources sufficient to advance all costs, including
the costs of any necessary experts. Billing for costs shall be done in accordance with the
Guidelines.
5.0 RFQ PROCESS
5.1 SUBMISSION
A sealed original and three sealed copies of the proposal, including the cover sheet
provided in Attachment A, and all forms and certifications required in Attachments B through I,
must be marked "Special Legal Counsel RFQ for General Litigation" and delivered no later than
11:00 a.m. on the proposal due date appearing on the cover of this RFQ to:
MICHAEL D. WITT
GENERAL COUNSEL
LEGAL DEPARTMENT
PASSAIC VALLEY SEWERAGE COMMISSION
600 WILSON AVENUE
NEWARK, NJ 07105
Proposals may not be delivered by facsimile or e-mail.
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5.2 RFQ QUESTION AND ANSWER PERIOD
PVSC will accept questions pertaining to this RFQ from all potential bidders
electronically. Questions shall be directed to Michael D. Witt, at the following email address:
"mwitt@pvsc.com."
Please note that the subject line of your email must specifically be marked:
"Question about Special Legal Counsel RFQ for General Litigation." Questions will be accepted
until 5:00 p.m. on the date for question and answer cut-off appearing on the cover of this RFQ.
Answers to all questions received will be published solely as addenda posted on PVSC's website.
5.3 ADDENDA TO THE RFQ
In the event that it becomes necessary to clarify or revise this RFQ, such
clarification or revision will be by addenda. Any addenda to this RFQ will become part of this
RFQ and part of any designation of a firm as Special Legal Counsel as a result of this RFQ. The
due date for proposals may be changed by an addendum.
Any addenda will be published solely on PVSC's website: "http://nj.gov/pvsc."
No addenda will be mailed to any bidder, even if the bidder received the RFQ by
mail for any reason.
5.4 SOLE RESPONSIBILITY OF BIDDER TO MONITOR FOR ADDENDA
It is the sole responsibility of the bidder remain apprised of the existence of any
addenda to this RFQ. Any addenda will be published solely on PVSC's website.
5.5 PUBLIC RECORDS
Documents and information submitted in response to this RFQ shall be made
available to the general public as required by applicable law.
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5.6 PVSC NOT RESPONSIBLE FOR COSTS
PVSC shall not be responsible for any expenses in the preparation and/or
presentation of the proposals and oral interviews, if any, or for the disclosure of any information
or material received in connection with the solicitation, whether by negligence or otherwise.
6.0 REQUIRED COMPONENTS OF PROPOSAL IN RESPONSE TO THIS RFQ
Proposals submitted in response to this RFQ must respond to each of the following requests
in the order indicated. Please do not place each response on a separate piece of paper. Please
provide the information requested below for all attorneys who may perform any of the requested
services.
6.1 COVER SHEET
Complete the cover sheet attached as Attachment A with the name and address of
the responding firm, other contact information with respect to the firm's proposal, and the number
of attorneys in the firm. The number of attorneys in the firm shall be used to develop lists of large
and small firms to be designated as Special Legal Counsel in order to facilitate the appropriate
handling of matters for PVSC (see Section 6.2(D)).
6.2 FIRM PROFILE
A. Indicate the date your firm was established.
B. Describe your firm's specialty and/or area(s) of expertise.
C. Identify the number of employees in the firm in the following categories:
licensed attorneys; legal support staff; and other support staff.
D. Indicate whether your firm is a large firm or a small firm. For purposes of
this RFQ, a "small firm" is one that has fewer than twenty (20) full- or part-time attorneys and a
"large firm" is one that has twenty (20) or more full- or part-time attorneys.
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E. Provide a description of your firm's presence in New Jersey. Note the
location of each office and the number of partners and associates resident in each office.
F. Identify any State agencies or departments represented by your firm during
the last five (5) years. For each matter, provide the name of the State agency or department and a
description of the matter.
G. Identify any State agencies or departments before or against which your
firm has regularly appeared on behalf of other clients.
H. Identify any governmental entities, agencies, or political subdivisions that
your firm represents or has represented. Include the time period during which your firm
represented each such governmental entity, agency or political subdivision and the nature of the
work performed.
I. Provide a representative listing of your firm's major private and public
sector clients.
6.3 QUALIFICATIONS AND EXPERIENCE IN AREA OF LAW
A. Identify and give the office location of each attorney who practices in the
area of law relevant to this RFQ.
B. Indicate the percentage of your firm's practice that is in the stated practice
area.
C. List all attorneys in your firm that have at least five (5) years of experience
in the stated practice area.
D. State the qualifications and experience of the particular attorneys proposed
to staff the work. For each attorney that would be involved in handling the work as Special Legal
Counsel pursuant to this RFQ, provide detailed information including information as to the areas
listed below:
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1. Education, including advanced degrees;
2. Years and jurisdictions of admission to practice;
3. Number of years engaged in practice in the area of law relevant to
this RFQ;
4. General legal or other relevant work experience, including an
indication of whether the attorney has tried any cases and, if so, approximately how many;
5. Any professional distinctions in litigation (e.g., trial certification,
teaching experience, etc.);
6. Area(s) of specialization; and
7. Office location of the attorney.
Note: You may also attach a resume for each attorney.
E. As to the members of your firm who would be involved in handling the
work as Special Legal Counsel, describe the role each would play and the approximate percentage
of the work that each would perform. Percentages for junior lawyers may be listed separately or in
the aggregate.
F. Describe your firm's approach, manpower, and technical resources to
handle document intensive matters, including handling electronically stored information. Indicate
whether your firm uses a vendor for any aspect of these approaches and, if so, under what
circumstances and to what extent.
6.4 OTHER QUALIFICATION INFORMATION
A. Identify all adverse determinations against your firm or any of its partners,
associates or employees or persons acting on its behalf, with respect to actions, proceedings, claims
or complaints of any kind under any local, state or federal laws, regulations, court rules, or Rules
of Professional Conduct.
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B. Identify and describe in detail any indictments, convictions or civil offenses
arising directly or indirectly from the conduct of business by your firm or any of its partners,
associates, employees, or agents.
C. Identify any material arrangements, relationships, associations,
employment or other contacts that may cause a conflict of interest or the appearance of a conflict
of interest if your firm is retained as Special Legal Counsel.
D. Identify your firm's malpractice insurer and describe the policy limits.
E. Confirm that your firm covers litigation costs, any bonds required by a
court, and any potential liability under Fed.R.Civ.P. 11.
F. Confirm that your firm agrees to abide by the Special Legal Counsel
Guidelines' billing procedures.
G. Submit the following forms: (1) a Certification of Insurance; (2) a Conflict
of Interest Certification; (3) a Chapter 51/Executive Order 117 Certification; (4) a Statement of
Ownership; (5) either a Letter of Federal Affirmative Action Plan Approval, a Certificate of
Employee Information Report, or an Employee Information Report Form AA302; (6) Proof of
New Jersey Business Registration; (7) Disclosure of Investment Activities in Iran; and (8)
Certification of Non-Involvement in Prohibited Activities in Russia or Belarus. These forms are
attached to this RFQ as attachments B through I.
7.0 FEES
Fees for the term of this Special Legal Counsel designation and any retention as a result of
the designation shall be:
Partners: $225 per hour
Associates: $175 per hour
Paralegals/Law Assistants: $90 per hour
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