The vendor is required to provide legal services to the system and its component institutions in one or more of the following areas of law:1
1. Administrative law
• Advising and representing the system and its component institutions with matters pending before governmental agencies and other administrative bodies.
2. Construction law
• Advising and representing the system and its component institutions on construction matters.
• Preparing, reviewing, and negotiating design and construction contracts and other instruments required for the system’s office of finance, including, but not limited to, drafting and negotiating public construction contracts; project delivery methods, including design build and other development processes from design to completion; building systems and equipment; public financing; construction related insurance and suretyship issues; construction lien and payment bond claims; design, defect and delay claims; commercial licensing/registration requirements for architects, engineers and relevant others; procurement laws and processes; risk transfer and management strategies; and, green building and sustainability.
3. Criminal law
• Advising and representing the system and its component institutions in all criminal matters.
4. Cybersecurity law
• Advising, representing, and providing training to the system and its component institutions in matters related to cybersecurity, privacy, actual or potential data or information security incidents, including but not limited to facilitation of forensics investigation, assessment of consumer and regulatory notification obligations, drafting of notification letters to affected consumers and appropriate regulators, facilitation of remediation services like credit monitoring or identity monitoring for affected consumers, interfacing with regulators, and potentially providing cybersecurity and privacy consultation.
5. Employment law
• Advising, representing, and providing training to the system and its component institutions related to complex employment law issues, including but not limited to investigations of employee-related matters, FLSA, employee compensation and benefits, and employment law as it relates to NCAA.
6. Environmental matters
• Advising and representing the system and its component institutions in environmental matters, including but not limited to water rights, groundwater regulation, hazardous waste regulation, air quality issues, environmental permitting, regulatory enforcement actions, and compliance counseling on environmental matters.
7. Export and import control law
• Advising and representing the system and its component institutions regarding country export/import controls and related technology transfer controls, including, without limitation review, revision, implementation or updating of compliance policies and procedures; compliance training; review of deemed export/import or technical data export/import aspects of educational activities; laboratory research, sponsored research contracts and other activities; export/import control classification, jurisdiction, and licensing advice country economic sanctions, embargoes, denied parties, and related matters; export/import counseling; compliance reviews and voluntary disclosures. in addition, legal services may be provided concerning government contracting issues and application of relevant country laws and regulations relating to same.
8. Federal communications commission (FCC) and information technology
• Advising and representing the system and its component institutions in matters related to communications, media and information technology matters regulated by the federal communications commission and other federal and state government agencies in matters related to regulatory compliance, transactions, corporate, and litigation in the telecommunications, media, internet, information services and technology industries, including but not limited to commercial and noncommercial broadcast issues; first amendment and broadcast journalism legal issues; digital rights, privacy and security issues; and preparing, reviewing, filing, prosecuting, maintaining, and renewing various permits, licenses, and license applications.
9. Financial
• Advising and representing the system and its component institutions in financial matters, including but not necessarily limited to the acquisition, purchase or sale of system or component held business entities, equity shares in such entities, stocks, and other transactions.
• Preparing and reviewing documents related to corporate and financial matters involving the system, its component institutions, and their affiliated private support organizations.
• Assisting and representing the system and its component institutions in negotiations related to the matters stated
• Advising and representing the system and its component institutions in reviewing, and providing assistance with respect to, various aspects of its investment program, negotiating complex investment documents, including, but not limited to, investment documents associated with certain investments, including alternative asset investments.
10. Foundation matters
• Representation and advice regarding the design, formation and operation of foundations and other types of organizations created to support the mission of the state university system and its component institutions.
11. Health law
• Advising and representing the system and its component institutions in matters related to health law, including but not limited to, medical insurance billing, prompt pay discounts, review of health insurance payor contracts, compliance with federal and state laws and regulations on privacy and security of protected health information, including the health insurance portability and accountability act (HIPAA), health regulatory and research compliance, investigations, and related matters; and contractual and business transactions; and other general health law matters.
11. Higher education law
• Advising, including but not limited to establishing, creating, and forming international campuses in foreign countries, conducting investigations, representing, and providing training to the system and its component institutions on federal and state laws and regulations relating to institutions of higher education, including but not limited to the family educational rights and privacy act (FERPA); the Jeanne CLERY disclosure of campus security policy and campus crime statistics act (CLERY act); title ix; federal student aid programs regulated by the appropriate federal agency.
12. Immigration
• Representing the system’s component institutions in matters relating to immigration and employment.
• Representing the component institutions when they recruit and hire international applicants in order to fill vacant faculty or other positions.
• This involves sponsoring candidates to obtain appropriate work authorization and the institutions’ paying fees and costs associated with filing the labor certification application.
13. Intellectual property
• Assisting in making presentations and required submissions and obtaining approval of patents and other intellectual property.
• Preparing resolutions, agreements, contracts, and other documents to which the system is a party and which will be necessary in connection with the issuance of patents.
• Attending meetings as requested.
• Preparing patents, licensing agreements, and other such documents
• Representing the system and its component institutions in presentations and proceedings involving patent applications.
• Rendering advice to the system and its component institutions on intellectual property matters.
• Assisting on other matters necessary or incidental to the intellectual property operations of the system and its component institutions.
15. International law
• Representation, legal advice, consultation, and guidance regarding international law obligations, accreditation of programs in foreign jurisdictions, and foreign law requirements in the following areas: doing business in foreign jurisdictions, including related registration and tax obligations; collaborating with foreign schools or foreign entities in providing education and teaching services; employment issues regarding university employees and foreign nationals; affiliation, collaboration, research, and other types of agreements with foreign universities and foreign entities; study abroad programs, and contracting and procurement issues in foreign jurisdictions.
16. Public finance and bond issuance
• Prepare or assist in the preparation of the preliminary official statement, the final official statement, or any other disclosure documents for each sale, including review of the information therein describing the bonds, the security therefor and the federal income tax status thereof, with the understanding that outside counsel will not be expected to independently verify other data contained in the official statement and that the official statement may so state.
• To the extent requested, advise the system with respect to the system’s compliance with its undertakings under rule 15c2-12 or other applicable disclosure rules, promulgated by the securities and exchange commission including assisting with any event notices.
• Preparing any trust indenture or trust agreements authorizing or securing bonds.
• Supervising the execution of bonds and delivery thereof to purchasers
• Interpreting bond covenants and providing public finance-related advice when requested by the system.
17. Public school law
• Representation and advice regarding public school law issues regarding institutional charter schools and other interactions with k-12 education, including but not limited to, charter school governance; tea compliance and appeals; special education and section 504 law, mediations, due process hearings, federal court litigation and federal appeals; administrative grievances and hearings (staff, parents, student, public); and policy development.
18. Real estate
• Preparing and reviewing contracts and other documents intended for the acquisition, purchase, sale, exchange, or lease of real estate, including easements whether the system or component institutions are acquiring or disposing of the same.
• Advising the system and its component institutions on real estate matters.
19. Tax
• Advising the system and its component institutions on any taxation matters, including but not necessarily limited to matters related to state tax, federal income tax, mineral rights tax, capital gains tax, and real estate tax.
• Preparing and reviewing tax returns and information submitted to the internal revenue service and to any other taxing authorities.
• Representing the system and its component institutions before federal, state and/or other tax agencies.
• Advising as to creation and structuring of deferred compensation instruments.
- Contract Period/Term: 2 years
- Questions/Inquires Deadline: June 20, 2025