3-Attachment C - Scoresheet.xls
XLS spreadsheet 41 KB Posted
- Attached to
- Courtesy Posting: AGO Bond and Issuers Counsel
- Solicitation number
- FB26-40
- Issued by
- Utah
About this file
This is an RFP evaluation scoresheet for Solicitation #FB26-40 issued by the State of Utah Office of the Attorney General to retain bond counsel and issuer's counsel services for charter school bond transactions. The solicitation seeks a single law firm with expertise in tax, real estate, and bond-related matters to provide day-to-day bond counsel or issuer's counsel services. Questions regarding the solicitation must be submitted by June 11, 2026, at 12:00 PM, with proposals due on June 29, 2026, at 12:00 PM. The scope of work includes legal services related to public finance transactions, including conduit financing and tax-exempt bond issuances for governmental entities.
The evaluation process includes eight mandatory minimum requirements that must be satisfied on a pass/fail basis, covering firm qualifications, attorney certifications, licensing verification, professional liability insurance with a minimum of $3 million coverage, and fee arrangements. Seven additional scoreable technical criteria are weighted as follows: prior bond transaction experience (40%), percentage of transactions governed by Utah law (15%), access to specialized expertise (15%), continuing disclosure and compliance experience (15%), client references (5%), regulatory or litigation history (5%), and conflict of interest disclosures (5%). Proposals must achieve a minimum of 75 points (70% of 100 possible technical points) to pass evaluation. If selected as issuer's counsel, the firm's fees are fixed at 40% of the bond counsel fee, ranging from a minimum of $15,000 to a maximum of $30,000. If services do not result in a successful bond issue, the charter school is responsible only for out-of-pocket expenses, with no liability for attorney fees.
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Other files
| File | Type | Posted |
|---|---|---|
| 1-Attachment A-Agency Terms and Conditions.pdf | ||
| 2-Attachment B-Scope of Work Bond and Issuers Counsel.pdf |
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Score Sheet
| Aggravated Murder Trial Roster | |||
| SOLICITATION #FB26-40 | |||
| RFP EVALUATION SCORESHEET | |||
| Score will be assigned as follows: | |||
| 0 = Fail, the proposal fails to address the requirements or criteria described in the RFP or cannot be assessed due to missing information | |||
| Firm Name: | 1 = Poor, the proposal inadequately addresses the requirements or criteria described in the RFP or cannot be assessed due to incomplete information | ||
| 2 = Unsatisfactory, the proposal addresses the requirements or criteria described in the RFP in an unsatisfactory manner | |||
| Evaluator: | 3 = Satisfactory, the proposal addresses all requirements or criteria described in the RFP in a minimum satisfactory manner | ||
| 4 = Good, the proposal addresses all requirements or criteria described in the RFP and in some respects exceeds them | |||
| Date: | 5 = Excellent, the proposal addresses and exceeds all of the requirements or criteria described in the RFP | ||
| Minimum Mandatory Requirements | Evaluation (Pass/Fail) | ||
| 1 | Vendor confirms all the following statements: |
1. Qualifications must be submitted by a single law firm. Associations of law firms will not be considered. The Firm must include tax, real estate, and other bond-related expertise.
2. The Firm must identify the lawyer or lawyers who will primarily provide the day-to-day bond counsel services or issuer’s counsel services.
3. For each lawyer who is designated pursuant to MMR #2. above, the Firm must provide, in its response to this RFP, a certificate or other written evidence from a state bar association or other licensing authority that the lawyer currently is a member in good standing.
4. For each lawyer who is designated pursuant to MMR #2 above, that lawyer must certify in the RFP response that he or she has a minimum of 8 years of continuous legal practice as bond counsel, disclosure counsel, and/or issuer’s counsel in the field of public finance, including experience with conduit financing and as counsel representing governmental entities in tax-exempt bond issuances.
5. If its services do not lead to a successful bond issue, a Firm retained as bond counsel must certify in its RFP response that: (i) a charter school shall be responsible to reimburse the Firm only for the Firm’s out-of-pocket expenses; (ii) a charter school shall not be responsible for attorney fees; (iii) the UCSFA and the AGO shall not be responsible for attorney fees, costs, or any other expenses incurred by the Firm.
6. If its services do not lead to a successful bond issue, a Firm retained as issuer’s counsel must certify in its RFP response that: (i) a charter school, the USCFA, and the AGO shall not be responsible for attorney fees, costs, or any other expenses incurred by the Firm.
7. A Firm must currently maintain professional liability insurance either with a securities transaction rider or without an exclusion for securities transactions. The minimum amount of coverage is $3 million. A Firm must provide in its RFP response written proof of insurance from the insurer.
8. The Firm that is chosen as issuer’s counsel, if any, agrees that the fee for services shall be 40% of the fee for bond counsel. In no event will the fee be less than $15,000 or more than $30,000.
| 0 | |||||
| Scoreable Technical Criteria | Evaluator Score (0-5) | Criteria Weight | % of Tech Criteria | Points Possible | Points |
Earned
| 1 | Provide the issuer names, the par amounts, and the nature/complexity of all bond transactions in which each lawyer identified in MMR #2 above has participated as bond counsel, issuer’s counsel, or disclosure counsel during the last 3 years. Provide detail of the services listed in the Scope of services, including all services identified in the Scope of services that they provided for each identified transaction | 8 | 40.0% | 40.00 | 0.00 | |
| 2 | In addition to #1, provide the percentage that were governed by Utah law. | 3 | 15.0% | 15.00 | 0.00 | |
| 3 | Describe the extent to which each attorney identified has access to tax, real estate, and other bond-related fields of expertise within the Firm | 3 | 15.0% | 15.00 | 0.00 | |
| 4 | For each attorney identified, describe the attorney’s experience in providing services related to continuing disclosures and compliance. | 3 | 15.0% | 15.00 | 0.00 | |
| 5 | Identify two references from clients for which each lawyer identified has served as bond counsel, issuer’s counsel, or disclosure counsel in the last three years that can be contacted by AGO. Identify the primary contact (name, title, address, telephone, and e-mail) and identify the relevant transaction(s) or extent of the relationship. | 1 | 5.0% | 5.00 | 0.00 | |
| 6 | Describe litigation or an investigation by a regulatory authority in the last 5 years that involved a bond transaction in which the Firm’s partners or employees participated | 1 | 5.0% | 5.00 | 0.00 | |
| 7 | Provide a description of any existing or potential conflict of interest that the Firm or a lawyer identified might have if appointed. This includes a conflict under the Utah Rules of Professional Conduct, the Utah Public Officers’ and Employees’ Ethics Act, or any other professional or public officer’s ethics standards. | 1 | 5.0% | 5.00 | 0.00 | |
| 100.0% | 100.00 | 0.00 | ||||
| Required Technical Point Threshold | Min Percent | Min Points Required | Points Earned | Percent Earned | Evaluation | |
| 70% | 75.0 | 0.0 | 0.0% | 0 | ||
| The fee schedule is determined by the agency and stated in the scope of work pursuant to 63G-6a-113. |
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