Request for Proposal – MTERA Comprehensive Legal Services

To Whom It May Concern,

The Midwest Tribal Energy Resources Association (MTERA) invites all interested, qualified law firms or individual legal professionals to submit proposals to provide comprehensive legal services to support MTERA’s continued growth, with a particular emphasis on navigating the complexities of tribal sovereignty, clean energy/economic development, federal contracting, and non-profit-501c3 organizations.

The Midwest Tribal Energy Resources Association (MTERA) is a non-profit 501c3 intertribal organization dedicated to promoting sustainable energy development and economic growth for Tribal communities in Minnesota, Wisconsin, and Michigan. With a robust portfolio of projects in government contracting, technology, and construction, MTERA is instrumental in assisting Tribes in tribal energy/economic development and self-determination. By securing long-term federal contracts and cultivating diverse revenue streams, MTERA plays a central role in enhancing the Midwest tribe’s energy independence and creating sustainable opportunities for future generations.

Scope of Work

The selected firm or individual will provide legal services that support MTERA in areas of tribal energy/economic development, federal contracting, policy compliance, intellectual property, and governance.

The services required include, but are not limited to, the following:

A. Corporate Governance and Organizational Structuring

1. Operating Agreements: Update and review operating agreements for MTERA
2. Joint Venture Agreements: Draft and update two-party and three-party joint venture agreements in compliance with nonprofits and federal contracting regulations.
3. Organizational Structuring: Provide legal research and advisory services for structuring new entities and updating governance documents for existing bylaws and supporting documents to ensure they align with long-term economic goals.
4. Acquisition Research: Conduct legal research and due diligence for potential acquisitions, particularly in industries that support tribal clean energy/economic growth and diversification.

B. Tribal Sovereignty and Clean Energy/ Economic Development

1. Sovereign Immunity and Jurisdiction: Draft agreements that protect the tribe’s sovereign immunity and provide counsel on jurisdictional matters involving federal, state, and tribal entities.
2. Tribal Clean Energy/Economic Development: Advise on matters relating to clean energy and economic policy, intergovernmental relations, and strategic initiatives that support tribal sovereignty and long-term energy independence.
3. Tribal Employment Rights Ordinances (TERO): Ensure programs/ projects are following TERO requirements and advise on tribal preference policies that enhance job creation and economic participation for Tribes and their tribal members.

C. Nonprofit 501c3 and Government Contracting Support

1. Compliance: Provide comments and advice on nonprofit organization regulations, particularly for MTERA’s 501c3.
2. Teaming and Subcontracting Agreements: Draft and review teaming and subcontracting agreements for all entities under MTERA, ensuring compliance with federal contracting requirements.
3. Contract Analysis: Provide legal analysis of existing contracts with Tribes, construction partners, vendors, and key stakeholders to ensure compliance and mitigate risks in the context of government contracts.

D. Intellectual Property and Licensing

1. 1. Trademark and IP Protection: Assist with trademark registration and protection of MTERA’s branding, including intellectual property associated with the subsidiaries.
2. IP Licensing: Draft and review intellectual property licensing agreements to protect proprietary assets across all entities, particularly in areas that intersect with tribal knowledge and economic activities.

E. Non-Disclosure Agreements (NDAs)

1. 1. NDAs and Confidentiality Agreements: Draft NDAs for all entities and review incoming NDAs to ensure the protection of confidential information, particularly in sensitive federal contracts and tribal economic ventures.

F. Regulatory and Licensing Compliance

1. Licensing and Permits: Provide legal guidance on compliance with federal, state, and tribal licensing and regulatory requirements to ensure MTERA’s operations adhere to applicable laws.
2. Tribal Regulatory Compliance: Advise on compliance with tribal, state, and federal regulations, particularly in the context of construction, clean energy/economic development, and government contracts.

Proposal Submission Requirements - We invite law firms and individual legal professionals with the necessary qualifications to submit a proposal. This Request for Proposal will remain open until filled, and include the following:

G. Background and Qualifications:

1. Provide an overview of your firm or individual practice, including relevant experience supporting tribally owned enterprises, government contractors, or similar organizations.
2. Highlight specific experience in tribal sovereignty, economic development, and federal contracting compliance.

H. Legal Services Approach:

1. Describe your approach to handling the various legal issues outlined in the Scope of Work.
2. Include examples of similar work, particularly for tribal entities or government contractors.

I. Proposed Team or Individual: If submitting as a firm, identify key personnel who will be assigned to this engagement and their qualifications.

1. If submitting as an individual, provide detailed information on your qualifications and experience.

J. Pricing and Fee Structure:

1. Provide a detailed pricing proposal, including hourly rates, retainer fees, and any other anticipated costs.
2. Ensure clarity on how rates would apply in different situations, including ongoing advisory work, specific projects, and litigation, if applicable.

K. References:

1. Provide at least three client references for similar work performed, preferably from tribal enterprises or government contractors.

EVALUATION CRITERIA:

Proposals will be evaluated based on the following criteria:

1. Experience supporting intertribal/tribally owned enterprises, 501c3 nonprofits, government contractors, and/or similar organizations with legal services.
2. Quality and feasibility of the proposed service approach and methodology.
3. Clarity and completeness of the proposal.
4. Competitive pricing and value for money.

TIMELINE:

The following timeline outlines the key milestones for the RFP process:

1. RFP Issuance Date: November 1, 2024
2. Proposal Submission: Open until filled
3. Contract Award: Based on when the candidate has been selected.
4. Please review the submission contact information below.

CONTACT INFORMATION:

For inquiries or clarifications regarding this RFP, please contact Daniel Wiggins, Executive Director, at Daniel.wiggins@mtera.org with the email subject line “MTERA Legal Services RFP: Question.”

For submitting proposals, please submit to:

• Daniel Wiggins, Executive Director, at Daniel.wiggins@mtera.org with the email subject line “MTERA Legal Services RFP: Proposal.”

We look forward to receiving your proposals and finding a partner who can support MTERA at this critical stage in our organizat...