Request for Propoasal and
Statement of Qualifications
From

Potential Ouside Counsel

The Albany Convention Center Authority (the “Authority”) requests proposals from law firms providing legal services in New York State as the basis for selecting one or more pre-qualified outside counsels to represent the Authority in a variety of legal matters.

The primary types of matters in which the Authority anticipates a need for outside counsel include: (i) corporate and organizational issues; (ii) negotiation of contracts leases etc. on behalf of the Authority, (iii) real estate, (iv) eminent domain, (v) construction law, (vi) bankruptcy advice, (vii) representation of the Authority in any other litigation or legal proceedings (e.g., bond litigation, securities litigation, or other civil or criminal proceedings) that may arise, (viii) environmental law and State Environmental Quality Review Act compliance and (ix) Public Authority Accountability Act compliance. The Authority may also select additional counsel in the future for various specialized services not described herein.

Firms are encouraged to respond individually or as members of a team. The Authority anticipates selecting a single firm or a team of firms with expertise in various practice areas and with a geographic location in Albany.

CONTENT OF PROPOSAL AND STATEMENT OF QUALIFICATIONS

Interested firms are invited to submit proposals which contain the following information:

A. Background and Experience:

1. A brief history and description of the firm's experience in one or more of the following practice areas. (It is not expected that any single firm will necessarily have expertise in all these areas.)
   1. Representation of State Agencies or Authorities in general organizational or corporate matters.
   2. Drafting and negotiation of contracts, leases, and financing documents.
   3. General real estate matters and eminent domain issues.
   4. Negotiating and drafting Community Benefits Agreements and Project Labor Agreements.
   5. Environmental Law.
   6. Labor Law.
   7. Construction Law including litigation.
   8. Bond or securities litigation, especially litigation involving public issuers.
   9. Other civil and criminal litigation, especially litigation involving public issuers and other public entities.
2. A brief description of any experience in public finance.
3. A list of at least five representative clients, including especially any other state Authority or other public entities, along with a description of the type of work performed for said client and the name of a contact person at the client who can evaluate the firm's work.
4. Resumes of firm personnel who would be principally involved in representing the Authority.
5. A description of the locations of offices of the firm from which the firm would expect to offer services to the Authority.

B. Fees and Costs

6. Information concerning fees, including:
   1. The customary hourly rate of each person whose resume is provided in response to item 4 above, and the hourly rate you propose to charge the Authority in connection with those persons.
   2. Costs of any anticipated clerical support.
   3. A schedule of all disbursements which you anticipate will result in a charge to the Authority and the rate for each.
   4. Any reduced fees charged other New York State agencies or other public entities.
   5. Any measures proposed by you to reduce the cost to the Authority of retaining your firm.

      Although proposed fees will be taken into account, the Authority reserves the right to negotiate a lower or different fee structure with any firm selected.

C. Affirmative Action/Equal Opportunity and Related Topics

7. Information regarding the firm's affirmative action/equal employment opportunity policies and practices as follows:
   1. Indicate (i) if the firm has received New York State certification as a Minority or Women-Owned Business Enterprise or (ii) if the firm is a Minority or Women-Owned Business Enterprise, but is not certified as such by New York State.
   2. All firms must submit data regarding the ethnic origin and sex of all firm employees by job classification, e.g., officers, managers, professionals, clericals, etc. The data should include these categories: (i) for males; White (not Hispanic), African American (not Hispanic), Hispanic, Asian American/Pacific Islander, and American Indian/Alaskan Native; (ii) for females: White (not Hispanic), African American (not Hispanic), Hispanic, Asian American/Pacific Islander, and American Indian/Alaskan Native. A copy of a Form EEO-1 prepared by the firm will satisfy this requirement.
   3. All firms with fifty or more employees must also submit to the agency a copy of an officially adopted affirmative action plan.
   4. All firms with fewer than fifty employees must also submit to the Authority a statement of commitment to affirmative action and equal opportunity executed by the appropriate partner.

      Information concerning the availability of New York State subcontractors and suppliers is available from the New York State Department of Economic Development. It is the policy of New York State to encourage the use of New York State subcontractors and suppliers, and to promote the participation of minority and women owned business enterprises where possible, in the procurement of goods and services.

D. Conflicts of Interest

8. A statement describing whether the representation of the Authority would create any potential conflict of interest, or appearance of impropriety, relating to other clients/customers of the respondent or former officers and employees of the Authority. Indicate what procedures will be followed to detect, notify the Authority of, and resolve any such conflicts.
   
   Proposals must not exceed 15 pages, plus exhibits.

CRITERIA FOR SELECTION

In the evaluating proposals submitted by counsel pursuant to this request, the Authority places high value on the following factors, not necessarily in order of importance.

1. Experience in general and, in particular, in the practice areas described herein, similar to those in which the Authority is likely to be involved.
2. Innovative or outstanding lawyering described in the firm's proposal, which demonstrates the firm's unique qualifications as the Authority's counsel.
3. Willingness to commit time, resources, and ideas to the Authority.
4. Anticipated cost of services and willingness to work with the Authority to minimize costs.
5. The firm's affirmative action/equal employment opportunity policies and practices. Assuming full qualification, and fair and reasonable price, emphasis will be given to proposals which (i) demonstrate the proponent's efforts to hire, train and promote minorities and women in all areas of the firm's activities, including but not limited to the work it expects to perform for the Authority, and (ii) best comply with the Authority's commitment to affirmative action/equal employment opportunity and the utilization of minority and women-owned businesses.
6. Avoidance of any potential conflict of interest, or appearance of impropriety, and policies designed to ensure the avoidance of such conflicts in the future.

MISCELLANEOUS CONDITIONS

1. The issuance of this RFQ and the submission of a response by any firm or the acceptance of such response by the Authority does not obligate the Authority in any manner whatsoever. Legal obligations will only arise upon execution of a formal contract by the Authority and the firm(s) selected by the Authority.
2. The Authority reserves the right (i) to amend, modify, or withdraw this RFQ, (ii) to revise any requirements of this RFQ, (iii) to require supplemental statements or information from any responding party, (iv) to accept or reject any or all responses hereto, (v) to extend the deadline for submission of responses hereto, (vi) to negotiate or hold discussions with any respondent and to correct deficient responses which do not completely conform to the instructions contained herein, and (vii) to cancel, in whole or in part, this RFQ, if the Authority deems it in their best interest to do so. The Authority may exercise the foregoing rights at any time without notice and without liability to any respondent or any other party for its expenses incurred in the preparation of responses hereto or otherwise. Responses hereto will be prepared at the sole cost and expense of the responding party.
3. This RFQ and any agreement which may result from it are subject to all applicable laws, rules, and regulations promulgated by any federal, state, or local authority having jurisdiction over the subject matter hereof, as the same may be amended from time to time.
4. This RFQ does not commit the Authority to select a firm, to pay the cost incurred in preparation of any response hereto, or to procure or contract for the services described herein.
5. Nothing stated at any time by any representative of the Authority will effect a change in or constitute an addition to this RFQ unless confirmed in writing by the Authority.
6. Firms responding hereto must agree to keep confidential their responses and any information received from the Authority.
7. Any firm(s) selected as a result hereof will be required to execute a contract prescribed by the Authority, and to abide by all relevant laws and policies of the Authority with regard to, among other things, conflicts of interests, ethics policies, etc.
8. Firms responding hereto shall comply with Executive Order 127 and shall complete the attached forms as part of any submittal.

Ten copies of the proposal should be submitted to the Authority by the close of business on Wednesday June 7, 2006. Responses should be directed to:

George Leveille
Chairman
Albany Convention Center Authority
25 Quackenbush Square
Albany , NY 12207

For additional information contact:
Al Sorrentino
518-275-4920

Instructions

Contractor Disclosure of Contacts Form [pfd* 11kb]

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