HAPDP Preferred Provider Program RFP

Instructions

WE STRONGLY RECOMMEND REVIEWING THE APPLICATION AND PREPARING YOUR RESPONSES BEFORE FILLING OUT THIS FORM. SMARTSHEET DOES NOT HAVE AN OPTION TO SAVE YOUR PROGRESS THROUGH MULTIPLE SESSIONS. DOWNLOAD THE APPLICATION HERE: https://www.ucop.edu/uc-legal/hatl-rfp.html WE WILL ACCEPT SUBMISSIONS UNTIL 5:00 P.M. ON FRIDAY, NOVEMBER 15, 2024

Contact Information

Please provide the name and contact information of the attorney with primary responsibility for the overall relationship with UC Legal (note: more than one attorney may be named; for example, if you are the relationship partner for the Litigation Team, you may name a different relationship partner for the Health Affairs, Privacy & Data Protection Law Team, and within HAPDP, you may name more than one relationship partner – e.g., one for transactional matters and one for regulatory matters or one for California and one for Washington, DC/Federal matters). NOTE: If you are entering multiple attorneys, please separate them with commas in the fields below and keep the same order between the name, phone and email address fields.

Firm Demographics

Recruitment/Hiring Practices

General Questions - Responses Required

Describe how UC matters and credit for working on UC matters are assigned to partners, associates, and other staff.

During a client conference, an equity partner makes sexist, culturally insensitive, racist, homophobic, ableist, or otherwise discriminatory remarks. How would the firm handle the situation? Please include descriptions of any policies and procedures, committees, or trainings currently in place at the firm that would apply to this situation.

Describe where you think your firm needs to improve the most in creating a more diverse, equitable, and inclusive workplace.

Describe your firm’s processes and systems for both program and knowledge management, and explain how these processes and systems will be used to benefit UC Legal. These may range from client extranets to billing/reimbursement dashboards to access to educational presentations, for example.

Describe any business or personal relationships your firm or proposed members of your panel team have with any UC Legal attorney or staff member, or with other senior leaders of the University of California or UC Health (e.g., Board of Regents, Regents committee members, Regents Officers, President, Vice Presidents, Chancellors, Vice Chancellors, Deans, CEOs, CFOs, CMOs, COOs, CSOs).

Describe any additional services that you would provide UC Legal at no cost to enhance the value of your service overall (e.g., in-service training, access to extranets, etc.). Please also describe your willingness to provide complimentary legal advice on short questions (e.g., 3 to 5 conversations of 15 minutes or less per quarter) and whether that willingness would depend on annual outside counsel spend, volume or frequency of questions, or other factors.

Describe any practices, mechanisms or tools you use to assist with budgeting on matters. Please describe how you would communicate with the University when spend on a matter approaches thresholds of total estimated budget or a fixed fee (e.g., 50% or 75% or 90%) and how you would provide early notice of a need to augment the estimated budget or attempt to renegotiate a fixed fee. Given that you are not permitted to exceed estimated budget or a fixed fee without prior written approval by your UC Legal monitor, please describe your willingness to write off unapproved billed time exceeding the estimated budget or a fixed fee. Please also describe the circumstances when you would write off billed time for a timekeeper that the University believes has not provided high-quality legal services or has other performance issues.

Describe any conflicts your firm has with the University as a result of your representation of other clients for which you will require a waiver (e.g., as a result of pending litigation or transactions). Also describe any (narrowly tailored) blanket or future waivers you would like us to consider should we choose you for our panel.

Describe the arrangements you are willing and able to make to assure that confidential client information is not inadvertently released or otherwise utilized when the University has waived a conflict.

For any firm bidding for Group I matters, please provide a detailed description of your security controls pursuant to a formally recognized framework, such as HECVAT, HITRUST, or SOC2. Due to space limitations with SmartSheet, we ask that you submit this documentation in a separate email to Michael.Gormley@ucop.edu with the subject reference “Q13 - [Firm Name] HAPDP Group I.” If selected pursuant to our initial assessment, we may ask to confer with members of your organization to discuss your information security plan and to review any third-party assessments of your security controls. Because Group I matters involve proprietary, confidential, and sensitive data, firms bidding for Group I matters will be required to include Appendix D (the Appendix Data Security) as part of their panel engagement letter. Firms bidding only for Group II matters may submit a description of their security controls as part of their initial proposal (sent in a separate email) or submit such documentation upon request by HAPDP. In order to be approved to the Panel, every firm, including those bidding for Group II matters, must provide acceptable security documentation. Firms handling Group II matters which involves processing sensitive data may also be required to include Appendix D as part of their panel engagement letter. Firms handling Group II matters which do not involve processing sensitive data will not be required to include Appendix D as part of their panel engagement letter.

Describe how your firm utilizes AI in each practice area where you are applying. Be as specific as possible, including any specific AI tools (including off-the-shelf tools that are customized by the firm) that are used and how they are customized or integrated into workflows and in particular if and how AI is used for (1) legal research, (2) e-discovery, (3) contract and/or policy drafting or negotiating, (4) drafting of legal advice, (5) billing, (6) presentations whether related to particular projects or for CLE or client pitches, (7) client communications and (8) responses to panel applications such as this one or RFP responses for particular matters. If your firm has a policy for the use of AI in specific cases, practices areas, or overall, please describe this policy, including whether the firm permits use of personal accounts created in generative AI tools, whether the firm permits use of client materials (de-identified or containing privileged materials or containing PII or PHI) in training or use of AI, whether the firm discloses to clients when generative AI is used in their legal or administrative matters, and whether any human review is required before any materials drafted through generative AI are sent externally or relied upon. How does the firm monitor compliance by its attorneys and staff of any firm policies regarding AI use? If the firm contracts for the use of AI as an item or service, how will you ensure the panel requirements are passed onto these vendors? Will your firm adhere to any client policies or requests regarding the use of AI? If your firm utilizes AI for a given practice area, describe any additional costs and/or savings that are passed on to your clients for such use, how such fees are determined, any training provided to attorneys and staff of in the use of AI, any allotment of hours provided to attorneys or staff to learn how to use AI, and steps your firm takes in mitigating any risk associated with the use of AI.

Describe your experience with value-based pricing and other alternative fee arrangements in each area where you are applying. Be as specific as possible. A general “we are open to alternative fee arrangements” or “we have worked under alternative fee arrangements” is not a useful response.

For situations where UC Legal approves hourly work, please provide your current rack rates and rates expected for CY 2025-27 for all attorneys and other billing staff you propose to work on Panel matters. Also provide your proposed hourly rate for partners, senior counsel/of-counsel, associates, and non-attorney billing staff (e.g., paralegals and crisis communications experts). We strongly prefer standardized rates in each class but will accept proposals by practice group or, if absolutely necessary, by individual. Provide a proposal that will be good for at least three years (whether one fee good for the entire period or a fee plus a defined escalator).

Has your firm or any firm attorney been a named defendant in a legal malpractice case during the past 10 years, or has any firm attorney been sanctioned by a court or regulatory authority or otherwise disciplined by the California Bar? If so, please provide details.

Describe any potential or planned changes that, in the next 12-24 months, could significantly change any of the information provided in your response to this RFP.

Discuss any other issues or considerations that you believe are relevant as a candidate for the PROGRAM.

Group-Specific Questions - Responses Required

Select each matter type for which you wish to be considered. Please refer the RFP for additional details related to both Group I and Group II Matter types.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a description of at least three similar matters handled in the past year along with the final disposition as applicable. For Group I matters related to cyber incident response, please also describe your firm’s use of data mining tools or advanced analytics to aide/expedite the assessment of files for reportable data elements (e.g., financial account information, Social Security Numbers, dates of birth, etc.).

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a description of at least three similar matters handled in the past year along with the final disposition as applicable.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a description of at least three similar matters handled in the past year along with the final disposition as applicable.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a description of at least three similar matters handled in the past year along with the final disposition as applicable.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

Please provide a brief description of your relevant practice and how this practice differentiates itself from similar practices at other firms.

Please provide the name, contact information and background information of the attorney proposed to have primary responsibility for the specific area of practice for UC as well as of all other members of the proposed team. Explain why each individual has been proposed and their specific area of work or specialty, including any relevant experience with government agencies regulating health care, academic research or teaching, or cybersecurity.

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