RFP15-2919J

Addendum 1

Page 2

DEPARTMENT OF ADMINISTRATION

GENERAL SERVICES DIVISION

STATE PROCUREMENT BUREAU

http://gsd.mt.gov/

STEVE BULLOCK MITCHELL BUILDING, ROOM 165

GOVERNOR STATE OF MONTANA PO BOX 200135

(406) 444-2575 HELENA, MONTANA 59620-0135

(406) 444-2529 FAX

TTY Users-Dial 711

June 30, 2015

STATE OF MONTANA

REQUEST FOR PROPOSAL ADDENDUM

RFP NO.: 15-3064V

TO BE OPENED: July 14, 2015

TITLE: Bond Counsel

ADDENDUM NO. 1

To All Offerors:

Attached are written questions received in response to this RFP. These questions, along with the State's response, become an official amendment to this RFP.

All other terms of the subject "Request for Proposal" are to remain as previously stated.

Acknowledgment of Addendum:

The offeror for this solicitation must acknowledge receipt of this addendum. This page must be submitted at the time set for the proposal opening or the proposal may be disqualified from further consideration.

I acknowledge receipt of Addendum No. 1

Signed: ______

Company Name: ______

Date: ______

Sincerely,

Rick Dorvall

Contracts Officer

RFP15-3064V

Addendum No.1

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Question Number / Page Number / Section Number / Questions & Answers for RFP # 15-3064V /
1.  / 6 / 1.5.1
(Section 5.2 of Appendix A) / Q. The current State bond counsel contract provides that the records retention period is 3 years. Section 5.2 of the form of Bond Counsel Contract attached as Appendix A to the RFP provides that the records retention period is 8 years. Is the State amenable to a 3-year records retention period?
A. Yes. State will agree to a three (3) year records retention.
2.  / 6 / 1.5.1
(Section 7 of Appendix A) / Q. Contracts for the retention of legal services typically do not have indemnity provisions, which, among other things, may invalidate professional liability (malpractice) insurance coverage. Will the State be amenable to negotiating Section 7 of the form of Bond Counsel Contract (Hold Harmless/Indemnification) to remove or alleviate the risk of invalidating the Contractor’s professional liability insurance coverage?
A. State is amenable to negotiating Section 7 to alleviate the risk of invalidating professional liability insurance coverage.
3.  / 6 / 1.5.1 (Section 8 of Appendix A) / Q. Section 8 of the form of Bond Counsel Contract regarding required insurance does not appear to be tailored to a legal services contract. Will the State allow Section 8 of the Bond Counsel Contract to be modified to better align with the bond counsel services to be performed under the Bond Counsel Contract?
A. State will agree to remove the requirement of adding the State as additional insured.
4.  / Q. What is the State of Montana’s budget for Bond Counsel Services for 2015?
A. Fees on general obligation bonds, TRANS or refunding issuedepend on the principal amount of issue. The higher the amount of issue the larger the fees are. The current contract has a fee schedule of $5,000 to $45,000 dependent on various thresholds up to a $45 million general obligation issue. Costs are paid through a statutory appropriation and are not subject to a legislative approved budget every two years.
Excluding payment for services for a particular Series of bonds,generaladvisory services are capped at $50,000 a year in the current contract.
5.  / Q. What was the amount of legal expenses paid for Bond Counsel Services in 2013 and 2014?
A. $151,667 in FY 2013 and $156,212 in FY 2014.