Virginia Birth Related Neurological Injury Compensation Program
Request for Proposal for Legal Services
The purpose of this request for proposal is to solicit sealed proposals to secure legal services.
The purpose of the Virginia Birth‐Related Neurological Injury Compensation Program (the
“Program”) is to carry out the Virginia Birth‐Related Neurological Injury Compensation Act,
sections 38.2‐500 through 38.2‐5021, Code of Virginia, which establishes exclusive remedies
available to certain infants incurring birth related neurological injuries after December 31, 1987.
The Act established The Program which pays awards made under the Act and the expenses
associated with the administration of The Program. Approximately 653 physicians and 38
The Virginia Workers Compensation Commission hears and decides all claims filed. There are
currently a total of 148 admitted claimants and 114 active (admitted less deceased) claimants in
In 2009, federal authorities indicted Iris Allen, a former employee, on 29 counts, primarily for
alleged embezzlement. Trial currently is scheduled for January 19, 2010. While the criminal
matter is pending, the Program hired a forensic auditor to perform an independent investigation
on its behalf. During the years of the alleged embezzlement, the Program’s auditor was the firm
of Cherry, Bekaert, & Holland, L.L.P. The Program seeks to investigate all potential viable
avenues for the recovery of its funds.
3. Statement of Needs:
A. Legal Review: The attorney(s) shall review the circumstances and current status of legal
proceedings regarding alleged embezzlement from the Program.
B. Legal Advice: The attorney(s) shall provide detailed recommendations resulting from their
findings (3. A) in regards to potential actions towards recovery of funds from all available
C. Legal Representation: At this time, this RFP encompasses the services set forth in 3A and
3B above; however, should the Program pursue any of the recommendations regarding
recovery of funds as recommended, the attorney(s) shall be able and willing to provide
legal representation in those matters, to include but not be limited to, any trial and
4. Reporting and Delivery Requirements:
A. As determined by mutual agreement following initial discussions. Any reports required shall
be in writing. The Program’s contact information is as listed for the issuing and using entity.
The Program’s Executive Director may be reached by phone at (804) 330‐2471, extension
5. Qualifications of Offeror:
A. Primary Contact and Assigned Personnel: Give the name of the offeror (firm), address and
telephone number, and the name and title of the one individual who would be primarily
responsible for this engagement. Identify each and all of the individuals who would
perform the work in this engagement and describe how their responsibilities will be
assigned and managed. Please provide a resume for each person, including background
and experience related to this engagement.
B. Background of your firm: Give number of years your firm has been in business. Identify
industry specialties, including experience with government and quasi‐government
organizations and especially specific experience in similar matters.
C. References: Please identify at least three companies, individuals, or other entities for
whom you have provided services for similar matters who may be contacted as references
(include name, title, address, and phone number for each reference).
6. Pricing Proposal:
A. Billing Rates: Please list normal hourly billing rates for offeror and any persons identified in
5A of the RFP who will bill on an hourly basis.
B. As best possible, estimation of hours needed to complete scope of work. Please include
estimates and descriptions of fees and costs which would be anticipated in the event that 3
C would be engaged.
7. Billing and Payments:
A. Offeror will bill for professional services to the Program under this appointment only at
the conclusion of an assigned matter. The billing statement for each matter will contain a
detailed description of the work performed. Identify all personnel involved and the
amount of hours expended. Payment requires advance review and approval by authorized
program personnel. If Offeror anticipates that the bill would significantly exceed the
estimates provided in the response to this RFP, the Offeror shall agree to cease work,
provide documentation of the amount of the anticipated bill, and await Program approval
and authorization before continuing work and completing the engagement. If said
approval and authorization is not obtained, Offeror shall permit the Program to engage the
services of another party.
8. Evaluation of Proposals:
The Program Board of Directors will review all proposals received by the stated deadline.
Proposals will be evaluated on the basis of the offeror’s qualifications under Section 5; other
experience listed, and the proposal itself.
A. Confidentiality: All work prepared hereunder shall constitute a confidential work product
of the Program and shall not be publicly disseminated or otherwise released without the
express written consent and approval of the Program.
10. Copies of Proposal: Five (5) copies of the proposal must be provided.
Office of the Virginia Birth‐Related Neurological
Injury Compensation Program
Request for Proposals
Issue date: December 11, 2009
Title: Special Legal Services to the Virginia Birth‐Related
Neurological Injury Compensation Program
Issuing Entity: Virginia Birth‐Related Neurological Injury Compensation
7501 Boulders View Dr. Suite 210
Richmond, VA 23225
Using Entity: Virginia Birth‐Related Neurological Injury Compensation
7501 Boulders View Dr. Suite 210
Richmond, VA 23225
Period of Contract: As needed
Proposals will be received until: 4 pm December 29, 2009 and may be hand
delivered or sent via registered or certified mail.
Name and Address of Firm: _________________________________
FEI/FIN NO. __________________ Telephone Number:_________________
*Attach an executed copy of this form to the front of the proposal submitted.