5-2 AG Legal Services MMR and Technical Critieria 040626.docx

Mandatory Minimum Requirements

1. Offeror must certify it meets the experience and requirements of the Litigation Team.

2. Offeror must certify that no members of the Litigation Team to whom a matter is assigned or the law firm that employs them have, or appear to have, any conflict of interest in providing the assigned Legal Services.

3. Offeror must certify they have or will commit to acquiring legal malpractice insurance coverage in an amount not less than $5,000,000 per incident, which covers all attorneys and paralegals from that firm who are part of the Litigation Team.

4. Offeror must certify it will complete a background check.

5. Offeror must certify that they are not presently debarred, suspended, proposed for debarment or ineligible for contracting by a governmental entity.

Technical Criteria Requirements

The Technical Proposal must be organized as follows, using the specific headings indicated. Failure to format the Technical Proposal as follows may result in disqualification. Technical Proposals should not identify or address specific legal strategies that could constitute protected or confidential information, such as attorney advice or work product, because doing so may lead to inadvertent disclosure of those strategies.

1. RFP Cover Sheet: using the attached Exhibit “C.”

2. Narrative: This document shall not exceed 5 single-spaced, typed pages, exclusive of the RFP cover sheet, organized as follows:

a. Executive Summary: The executive summary shall briefly describe the Offeror's ability to meet the scope of work and RFP requirements.

b. Identification of the Litigation Team: The Offeror shall identify each member of the Litigation Team by title (Lead Counsel, Senior Attorney, Junior Attorney, Paralegal) and provide sufficient information to demonstrate that each member meets the minimum experience qualifications for that individual. Refer to PART 2: Scope of Work 2.1 Detailed Scope of Work and Control of Litigation. Offeror must designate a Litigation Team for at least one type of legal matter described in RFP. Offeror may but it is not required to submit a proposal designating Litigation Teams for more than one type of legal matter. Each designated Legal Team must consist of a designated Lead Counsel, up to one other designated Senior Attorney, up to two Junior Attorneys, and at least one paralegal. The Lead Counsel must have at least 10 years of experience litigating complex cases in the designated subject area, including jury trial experience in the designated subject area. Any other designated Senior Attorneys must have at least 5 years of experience litigating complex cases in the designated subject area. The Litigation Team must have a defense-oriented practice, regularly handle cases in both state and federal court, be familiar with the Governmental Immunity Act of Utah, with qualified immunity, and preferably have prior experience representing public entities and employees in litigation matters. All attorneys who are part of a designated Litigation Team or who work on any legal matter assigned by the OAG at any time shall be active licensed members of at least one state (or the District of Columbia) bar and one federal district court bar, and be members in good standing with all bars in which they are admitted to practice. Successful Offerors shall provide certificates of good standing for members of all designated Litigation Team members within 30 days of execution of a PSA

c. Detailed Proposal: This section should include, at a minimum, a concise overview of the following: The types of legal matters for which Legal Services would be provided, the Offeror’s ability and qualifications and the general approach to the type of litigation that the Offeror anticipates taking. Offerors should include a description of any experience that they have in handling cases similar in nature. The detailed proposal should emphasize the success that the Offeror has had in litigating other similarly complex litigation.

d. Potential Conflicts of Interest: Offeror must identify any actual or potential conflict of interest or appearance of a conflict of interest that might arise and shall propose potential resolution mechanisms, such as obtaining waivers. If no conflicts are identified or expected, the Offeror shall state in this section. Must identify any known potential conflicts or appearances of conflicts of interest. Failure to disclose such an actual or apparent conflict may result in the Proposal being rejected. If the Offeror discloses any potential conflicts, Offeror must discuss potential paths to resolution, such as obtaining waivers, and the OAG may make acceptance of the Proposal contingent upon the Offeror successfully resolving the potential conflict to the satisfaction of the OAG. Other clients of the Offeror’s law firm or firms which may have actions with or against the State, its agencies, Utah Transit Authority, public universities, colleges, or technical schools, school districts, charter schools, elected and appointed officials of the State and its agencies; and employees of such governmental entities must also be noted in the Technical Proposal to the extent that such actions are known to the Offeror.

e. Statement of Malpractice Insurance: Offeror shall state that each law firm that employs an attorney member of the Litigation Team has or commits to acquiring legal malpractice insurance coverage in an amount not less than $5,000,000 per incident, which covers all attorneys and paralegals from that firm who are part of the Litigation Team. Successful Offerors will be required to provide proof of such insurance prior to the execution of a PSA.

3. Reference Materials: This section should not exceed 30 pages of materials, organized as follows:

a. Resumes: Include a resume for the Lead Counsel and each Senior Attorney. Each resume should clearly establish that the attorney meets the relevant minimum experience requirement set forth above. Offerors may include a brief qualifications summary in lieu of a resume for every other member of the Litigation Team. The brief qualifications summary should include the name and job title of the individual, any undergraduate or graduate college degrees obtained (including year and institution), and a brief statement concerning work experience and other qualifications that may be relevant. Offerors are encouraged but not required to submit a table summarizing the resumes as they pertain to experience showing the years of experience of the Lead Attorney and the Senior Attorneys, levels of appellate experience, active bar licenses.

b. Firm Materials: Any documents about the law firms, their qualifications, clients, or successes.

c. Other Materials: Include other materials that demonstrate the Offeror’s capabilities or that otherwise may help the Evaluation Committee. For example, publicly available information about the Offeror’s other relevant experience with respect to former or current litigation.