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By James Roxbury
Tuesday July 21, 2015 at 3:59 pm

Pennlive reported the Governor's Office of General Council published this RFP Monday July 20,2015.-


Solicitation/Project Title: Affirmative Litigation (Harrisburg Incinerator)

Description: This request for proposals (RFP) provides to those interested in submitting proposals for the subject procurement (“Offerors”) sufficient information to enable them to prepare and submit proposals for the Governor’s Office of General Counsel’s consideration on behalf of the Commonwealth of Pennsylvania (“Commonwealth”) to provide litigation-oriented legal services relating to the Department of Community and Economic Development’s Act 47 Coordinator for the City of Harrisburg, and his duties and responsibilities under the Harrisburg Strong Order issued by the Commonwealth Court (Order). The selected Offeror will be expected to implement an aggressive litigation program that includes identification of any and all causes of action surrounding the legal, financial and other professional services rendered in support of the Harrisburg incinerator retrofit.

Department Information.

Bids must be received by the purchasing agency on the Solicitation Due Date no later than the Solicitation Due Time as set forth in the solicitation. Bids will be opened publically by the purchasing agency on the Opening Date at the Opening Time. For electronic bids, any conflict between the dates and/or times contained in the SRM solicitation itself or its attachments and this advertisement shall be resolved in favor of the SRM solicitation. For bids being submitted in paper format, any conflict between the dates and/or times contained on the paper solicitation form and this advertisement shall be resolved in favor of the paper solicitation.

Solicitation Start Date: 07/20/15

Solicitation Due Date: 07/31/15

Solicitation Due Time: 4:00 PM


Archive video 2012 Senate committee hearings on incinerator retrofit.

Former attorney to the Harrisburg Authority, Andrew Giorgione, Esquire of the law firm Buchanan Ingersoll & Rooney.

Part I: "The scope of my testimony."

Part II: The CIT deal

Part III: Sufficient forms of security

Part IV: "All of that structure, everything that was done, had nothing to do with the failure of this plan."

Part V: Very much comfortable with being in compliance with Pennsylvania law.

Part VI: "We don't know where all the money went."

Part VII: "It seemed reasonable at the time."


November 13, 2012 PA Senate Local Government Committee hearing--Bruce Barnes of Milt Lopus Associates, former financial advisor to the Harrisburg Authority, testifies that he believes Dauphin County Commissioners are "heros" of the Harrisburg Incinerator debt crisis.

Finance Director for the City of Harrisburg 1980-1985.

Most of the decisions and recommendations were made by the mayor, and most of the recommendations were adopted by the board.

On the use of SWAP's related to the 2003 incinerator retrofit. "Some of the SWAP's were done, short term gain for long term pain."

Bruce Barnes can't recall how much he or his firm made from Authority SWAP's.

On the Forensic Audit preformed for the Harrisburg Authority. "It is in fact lacking."

SWAP's for the School District, SWAP's for The Harrisburg Authority, SWAP's for the Parking Authority.

My involvement is financing the project. The project financing was a very good financing. Six SWAP's in two years is unusual.

By 2007 the SWAP market had become flooded.

The self liquidating debt certificate for the city was poorly done.

The county (Dauphin County) has been a hero here.


James Losty of Royal Bank of Canada Capital Markets, underwriter for the 2003 Incinerator retrofit bonds, testified during the proceedings.


Part I: The egregious errors of the Harrisburg Incinerator Forensic Audit Report

Part II: "Clearly the original financing of the 2003 retrofit project was not a contributor to the problems that exist today."

Part III: No conflict of interest

Part IV: "It actually coincides perfectly."

Part V: "The strength is the guarantors."

Part VI: "I'm not someone to shy from giving my opinion."

Part VII: "Very plain vanilla SWAPs."


Attorney Carol Cocheres of the law firm Eckert Seamans testified during the proceedings. Cocheres was bond counsel to the underwriter RBC Capital for the 2003 Incinerator financing and bond counsel to the Harrisburg Authority for the 2007 financing.


Part I: "We did not make any public policy decisions."

Part II: Self-liquidating debt

Part III: "All the public officials knew what the situation was."

Part IV: "It was understood that there was going to be a fix here."

Part V: "We presented it to DCED that there's been one continuous project really going back to 1993."

Part VI: "That's what caused this whole problem to blow up."


Photo/Natalie Cake file 2012.

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