6-26KP16P5 Legal Services for the BOE - Final.pdf

REQUEST FOR PROPOSALS

LEGAL SERVICES FOR THE BOARD OF

EDUCATION

SOLICITATION # 26KP16P5

PROPOSAL DUE

Wednesday, April 1, 2026 12:00 p.m. MDT

QUESTIONS DUE

Thursday, March 26, 2026 5:00 p.m. MDT

Jordan School District Purchasing Department

Procurement Official: Kurt Prusse 7905 South Redwood Road West Jordan, Utah 84088

JSD RFP # 26KP16P5 Legal Services

CONTENTS

PART 1: OVERVIEW AND INSTRUCTIONS

1. PURPOSE OF REQUEST FOR PROPOSALS (RFP)

2. DISTRICT BACKGROUND

3. ISSUING OFFICE AND RFP SOLICITATION NUMBER

4. QUESTION AND ANSWER PERIOD

5. ADDENDA

6. RESTRICTIONS ON COMMUNICATIONS

7. WRITTEN AGREEMENT

8. LENGTH OF CONTRACT

9. PRICE GUARANTEE PERIOD

10. TERMINATION RIGHTS

11. DISCUSSIONS (FOR CLARIFICATION PURPOSES ONLY)

12. INTERVIEWS AND PRESENTATIONS

13. STANDARD CONTRACT TERMS AND CONDITIONS, EXCEPTIONS, AND

NEGOTIATIONS

14. PROTECTED INFORMATION

A. PROCESS FOR REQUESTING NONDISCLOSURE

B. REDACTED COPY

15. BOYCOTT RESTRICTIONS

16. BEST AND FINAL OFFER

17. FEE PROPOSAL

18. INSTRUCTIONS FOR SUBMITTING THE RFP

19. OFFEROR’S UNDERSTANDING OF RFP

PART 2: PROPOSAL SCHEDULE

PART 3: MANDATORY MINIMUM REQUIREMENTS

1. MANDATORY MINIMUM REQUIREMENTS (Pass or Fail Criteria)

A. LICENSED TO PRACTICE IN UTAH

B. BAR ASSOCIATION GOOD STANDING

C. EXPERIENCE WITH GOVERNMENT

D. RESPONSIVENESS

E. ATTEND BOARD OF EDUCATION MEETINGS

F. ATTORNEY MALPRACTICE INSURANCE

G. COMPLIANCE WITH UTAH CODE 63G-27 PUBLIC CONTRACT BOYCOTT

RESTRICTIONS

PART 4: SCOPE OF WORK

1. PURPOSE

2. PROPOSED SERVICES NEEDED

3. REQUIREMENTS AND SPECIFICATIONS

A. FIRM PROFILE

B. FIRM CAPABILITIES

C. STAFF PROFILE AND EXPERIENCE

D. PAST PERFORMANCE AND REFERENCES

PART 5: INFORMATION REQUIRED IN SUBMISSION OF A PROPOSAL

1. RFP TECHNICAL PROPOSAL RESPONSE FORMAT

A. TAB A: Response to Mandatory Requirements (Pass/Fail) B. TAB B: Firm Profile C. TAB C: Firm Capabilities D. TAB D: Staff Profiles and Experience E. TAB E: Past Performance and References F. TAB F: Protected Information G. TAB G: Potential Conflicts of Interest

2. FEE PROPOSAL RESPONSE FORMAT

PART 6: RFP EVALUATION AND AWARD

1. RFP EVALUATION PROCESS

A. STAGE 1: Determination of Responsiveness (Pass/Fail Criteria) B. STAGE 2: Technical Proposal Evaluation (Scored Criteria, 120 Points Possible) C. STAGE 3: Finalist Interviews (Scored Criteria, 50 Points Possible) D. STAGE 4: Fee Proposal Evaluation (Scored Criteria, 30 Points Possible)

2. AWARD OF CONTRACT

REQUEST FOR PROPOSALS

LEGAL SERVICES FOR THE BOARD OF

EDUCATION

SOLICITATION # 26KP16P5

This Request for Proposals (RFP), having been determined to be the appropriate procurement method to provide the best value to Jordan School District (JSD), is designed to provide interested Offerors with sufficient basic information to submit proposals. It is not intended to limit a proposal’s content or exclude any relevant or essential data. Offerors are encouraged to expand upon the specifications to evidence service capability.

This RFP is issued in accordance with State of Utah Procurement Code, Utah Code Annotated (UCA) Chapter 63G-6a, and applicable Rules found in the Utah Administrative Rule (UAR). If any provision of this RFP conflicts with the UCA or UAR, the UCA or UAR will take precedence.

PART 1: OVERVIEW AND INSTRUCTIONS

1. PURPOSE OF REQUEST FOR PROPOSALS (RFP)

The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals from qualified firms or individuals to provide professional legal services directly to the Jordan School District Board of Education (Board) on an as-needed basis.

2. DISTRICT BACKGROUND

Jordan School District (JSD) is the fourth largest school district in the state of Utah with an enrollment of more than 55,800 students living in the communities of Bluffdale, Copperton, Herriman, Riverton, South Jordan, and West Jordan. JSD consists of 68 schools: 42 elementary schools, 13 middle schools, 8 high schools, 2 technical schools, and 3 specialty schools. JSD employs 6,456 full-time and part-time employees. For more information about JSD, please visit our webpage at https://jordandistrict.org/.

3. ISSUING OFFICE AND RFP SOLICITATION NUMBER

JSD is the Conducting Procurement Unit for this RFP and all subsequent addenda relating to

it. The reference number for this RFP is Solicitation # 26KP16P5. This number must be referred to on all proposals, correspondence, and documentation relating to this RFP.

4. QUESTION AND ANSWER PERIOD

All questions MUST be submitted through Utah Public Procurement Place Bonfire (U3P Bonfire) at https://utah.bonfirehub.com during the designated time for questions (Q&A https://jordandistrict.org/ https://utah.bonfirehub.com/ period) listed on U3P Bonfire. Questions submitted through any other channel will not be answered. Questions may be answered in the order that they are submitted or may be compiled into one document and answered via an addendum after the Q&A period has ended.

Answers disseminated by JSD through U3P Bonfire shall serve as the official and binding position of JSD and will constitute an addendum to this RFP. Answered questions or addenda may modify the specifications or requirements of this RFP. Offerors are strongly encouraged to periodically check U3P Bonfire for answered questions and addenda before the closing date.

It is the responsibility of the Offeror to submit their proposal as required by this RFP, including any requirements contained in answered questions and addenda. Proposals that do not conform to requirements contained in answered questions or addenda may be considered nonresponsive.

Notification to JSD of any issues, such as ambiguity, inconsistency, excessively restrictive requirements, or errors in this solicitation, MUST be submitted as a question through U3P Bonfire during the Q&A period. Issues with the solicitation that have not been previously addressed within the Q&A period are not allowed to be addressed within the proposal submittal; doing so may result in the Offeror’s proposal being considered nonresponsive.

5. ADDENDA

Any modification to this RFP will be made by an addendum issued by JSD. Offerors are strongly encouraged to periodically check U3P Bonfire for posted questions, answers, and addenda.

Information disseminated by JSD through U3P Bonfire via Q&A or via Public Notice shall serve as the official and binding position of JSD and will constitute an addendum to this RFP. An addendum to this RFP may be made for the purpose of making changes to: the scope of work, the schedule, the qualification requirements, the criteria, the weighting, or other requirements of this RFP. Proposals that do not conform to requirements contained in answered questions or addenda may be considered nonresponsive.

After the due date and time (deadline) for submitting a proposal to this RFP, at the discretion of JSD, addenda to this RFP may be limited to the Offerors that have submitted proposals, provided that, in the opinion of JSD, the addenda do not make a substantial change to this RFP that likely would have impacted the number of Offerors responding to the original publication of this RFP.

Any response to this RFP which has as its basis any communications or information received from sources other than this RFP document or related addenda may be considered nonresponsive and may be rejected at the sole discretion of JSD.

6. RESTRICTIONS ON COMMUNICATIONS

From the issue date of this RFP until an Offeror is awarded a contract and the award is published, Offerors are prohibited from communications regarding this RFP with the RFP evaluation committee members, JSD Board of Education members, JSD employees, or other associated individuals EXCEPT the JSD Buyer(s) overseeing this RFP. Failure to comply with this requirement may result in disqualification. Incumbent firms may still communicate with employees of JSD, BOE, and administration on current and ongoing legal services, but must refrain from inquiring about future engagements or the solicitation process. Please direct all questions about the solicitation process to the U3P Bonfire website.

7. WRITTEN AGREEMENT

The selected firm must enter into a written agreement with Jordan School District Board of Education to provide all services as required under the scope of this RFP. The written agreement must be executed within sixty (60) days of the approval of services or the Board may give notice of intent to select the next most qualified proposing firm or call for new proposals.

The Board reserves the right to award one or more contracts to multiple Contractors as deemed in the best interests of the District. Multiple awards allow the District to engage a Contractor(s) that best demonstrates experience and expertise in a specific area of need.

8. LENGTH OF CONTRACT

1-YEAR CONTRACT WITH OPTION TO RENEW FOUR (4) ADDITIONAL YEARS

The contract resulting from this RFP will be for a period of one (1) year with the option to renew for up to four (4) additional periods of one (1) year each, for a maximum of five (5) contract years in total.

JSD reserves the right to review the contract resulting from this RFP on a regular basis regarding performance and cost analysis. JSD may negotiate price and service elements during the entire term of the contract.

9. PRICE GUARANTEE PERIOD

All pricing must be guaranteed for two (2) years. Following the guarantee period, any request for price adjustment must be for an equal guarantee period of two (2) years, and requests for price adjustment must be made at least ninety (90) days before the contract renewal period.

Requests for price adjustment must include sufficient documentation supporting the request that demonstrates a logical mathematical link between the current price and the proposed price. If price adjustments can be linked to a specific index, please list the index.

Any adjustment or amendment to the contract will not be effective unless approved by the Board of Education. JSD will be given the immediate benefit of any decrease in the market or allowable discount.

10. TERMINATION RIGHTS

Both the Contractor and the District have the right to cancel without cause at any time upon ninety (90) days written notice of its intent to terminate the contract.

Termination for cause may include, but is not limited to, failure to perform services in accordance with contract terms, failure to adhere to established laws, failure to follow ethics governing the practice of law, or failure to successfully provide satisfaction through no fault of the District. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants or agreements thereof, the District may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this contract with such part or parts hereof as to which there has been a default, and may hold the Contractor liable for any damages caused to the District by reason of such default and termination.

11. DISCUSSIONS (FOR CLARIFICATION PURPOSES ONLY)

Discussions for clarification purposes only may be conducted with the Offerors that submit proposals determined to be reasonably susceptible of being selected for award, but proposals may be accepted without discussions.

12. INTERVIEWS AND PRESENTATIONS

If it is determined to be in the best interest of JSD, interviews and presentations may be held at the option of the JSD. JSD shall establish a date and time for the interviews or presentations and shall notify eligible Offerors of the procedures. Offerors invited to interviews or presentations shall be limited to those Offerors meeting the minimum requirements and minimum technical score threshold specified in the RFP.

Representations made by an Offeror during interviews or presentations shall become an addendum to the Offeror’s proposal and shall be documented. Representations must be consistent with the Offeror’s original proposal and may only be used for purposes of clarifying or filling in gaps in the Offeror’s proposal. Interviews and presentations will be at the Offeror’s expense.

13. STANDARD CONTRACT TERMS AND CONDITIONS, EXCEPTIONS,

AND NEGOTIATIONS

Any contract resulting from this RFP will include, but not be limited to, the JSD Standard Terms and Conditions (see Attachment A).

Exceptions and/or additions to the JSD Standard Terms and Conditions are strongly discouraged. However, Offerors requesting exceptions and/or additions to the JSD Standard Terms and Conditions must submit their request(s) with the proposal, per UAR R33-107- 104(1). Exceptions and/or additions submitted after the deadline for receipt of proposals will not be considered, except under very specific circumstances as per UAR R33-107-104(2).

Offerors may submit questions regarding the Standard Terms and Conditions during the Q&A period.

Offerors may not submit requests for exceptions and/or additions by reference to an Offeror’s website or URL, per UAR R33-107-104(3). URLs provided with a proposal may result in that proposal being rejected as nonresponsive.

Per UAR R33-107-104(4), JSD may refuse to negotiate exceptions and/or additions that are determined to be excessive; that are inconsistent with similar contracts; to warranties, insurance, or indemnification provisions that are necessary to protect JSD after consultation with the Utah Attorney General’s Office or other applicable legal counsel; where the solicitation specifically prohibits exceptions and/or additions; or that are not in the best interest of JSD.

If negotiations are required, Offeror must provide all documents in Microsoft Word format for redline editing. Offeror must also provide the name, contact information, and access to the person(s) who will be directly involved in legal negotiations. Any mandatorily required acceptance of an Offeror’s terms and conditions may result in the proposal being determined to be nonresponsive.

In a multiple award, JSD reserves the right to negotiate exceptions and/or additions to terms and conditions in a manner resulting in expeditious resolutions. This process may include beginning negotiations with the Offeror having the least number of exceptions and/or additions and concluding with the Offeror submitting the greatest number of exceptions and/or additions. Contracts may be executed and become effective as negotiations are completed.

An award resulting from this RFP is subject to successful contract terms and conditions negotiation (if required). JSD, at its sole discretion, will determine when contract terms and conditions negotiations become unproductive and will result in termination of award to that Offeror, at which point JSD may move to the next eligible Offeror.

14. PROTECTED INFORMATION

The Government Records Access and Management Act (GRAMA), UCA 63G-2-305, provides in part that:

the following records are protected if properly classified by a governmental entity:

(1) trade secrets as defined in Section 13-24-2 [Uniform Trade Secrets Act] if the person submitting the trade secret has provided the governmental entity with the information specified in Section 63G-2-309 [Confidentiality Claims];

(2) commercial information or nonindividual financial information obtained from a person if:

(a) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the governmental entity to obtain necessary information in the future;

(b) the person submitting the information has a greater interest in prohibiting access than the public in obtaining access; and

(c) the person submitting the information has provided the governmental entity with the information specified in 63G-2-309 [Confidentiality Claims];

(6) records, the disclosure of which would impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, except, subject to Subsections

(1) and (2), that this Subsection (6) does not restrict the right of a person to have access to, after the contract or grant has been awarded and signed by all parties:

(a) a bid, proposal, application, or other information submitted to or by a governmental entity in response to…

(ii) a request for proposals…

A. PROCESS FOR REQUESTING NONDISCLOSURE

Any Offeror requesting that a record be protected shall complete and include with the proposal a Claim of Business Confidentiality Form (see Attachment D) with the following information:

1. Provide a written Claim of Business Confidentiality at the time the information (proposal) is provided to JSD, and

2. Include a concise statement of reasons supporting the claim of business confidentiality (UCA 63G-2-309[1]), and

3. Submit an electronic “redacted” (excluding protected information) copy of the proposal. Copy must clearly be marked as “Redacted Version.”

Offeror cannot classify price information as confidential or protected. Price information will be considered public information after award of the contract. Offeror cannot identify the entire proposal as “PROTECTED,” “CONFIDENTIAL,” or “PROPRIETARY.”

If the entire proposal is so identified, that proposal shall be considered nonresponsive unless the Offeror removes the designation.

B. REDACTED COPY

If an Offeror submits a proposal that contains information claimed to be business confidential or protected information, the Offeror must submit one electronic redacted version for public release, with all protected business confidential information either blacked-out or removed, clearly marked as “Redacted Version.” Offeror acknowledges that their RFP response or redacted copy will be made public upon JSD’s receipt of a GRAMA request. Offeror will not be notified of any GRAMA request made to JSD for Offeror’s RFP response. If Offeror submits a redacted copy, then JSD will respond to a GRAMA request for Offeror’s RFP response with Offeror’s redacted copy. However, if Offeror fails to submit a redacted copy, then JSD will respond to a GRAMA request with Offeror’s RFP response, which will result in Offeror’s protected/proprietary information, if any, being made public. Offeror acknowledges that notations in the header, footer, or watermark of the RFP response will not be considered sufficient to constitute a request for nondisclosure of protected/proprietary information.

15. BOYCOTT RESTRICTIONS

Please provide a signed copy of the Public Contract Boycott Restrictions Statement (see Attachment B) with your proposal response.

In accordance with Utah Code 63G-27-102, vendors contracting with JSD to provide any good or service, including supplies, information technology, or construction services, must certify they are not currently engaged in an “economic boycott” nor a “boycott of the State of Israel” as those terms are defined in that Code section. Offerors must also agree not to engage in either boycott for the duration of the contract (if awarded).

For example, a vendor contracting with JSD may not, without an ordinary business purpose, boycott: the State of Israel; companies engaged in activities related to traditional energy, mining, or agriculture; companies engaged in the manufacture, distribution, sale, or use of firearms; companies that do not meet environmental standards beyond applicable state and federal laws; or companies that do not facilitate access to abortion or sex characteristic surgeries. If a vendor contracting with JSD does engage in such a boycott, it must immediately notify JSD in writing.

16. BEST AND FINAL OFFER

The conditions permitting a Best and Final Offer process are narrowly limited and it is unlikely there will be a Best and Final Offer stage with respect to this RFP. The use of a Best and Final Offer process is regulated by Utah Code 63G-6a-707.5 and will only be used if:

1. No single proposal adequately addresses all the specifications stated in the request for proposals;

2. All proposals are unclear or deficient in one or more respects;

3. All Cost Proposals exceed the identified budget or the procurement unit’s available funding; or

4. Two or more proposals receive an identical evaluation score that is the highest score.

It is important to understand this so as not to anticipate that a Best and Final Offer process will allow for an Offeror to “sharpen their pencil” in a subsequent phase.

17. FEE PROPOSAL

All costs are to be enumerated on the Fee Proposal Form (see Attachment C). Offerors may not change or modify the format of the Fee Proposal Form and must submit pricing in the exact format requested for a fair comparison of pricing among all Offerors. Altering the format or conditioning the cost on acceptance of additional/conflicting terms or limitations may result in a finding that the proposal is nonresponsive.

The Cost Proposal will be evaluated independently from the Technical Proposal and MUST be submitted separately from the Technical Proposal. Inclusion of any cost or pricing data within the Technical Proposal will result in the proposal being judged as nonresponsive for violation of UCA 63G-6a-707(7).

18. INSTRUCTIONS FOR SUBMITTING THE RFP

Proposals must be uploaded (in PDF format) to the U3P Bonfire website by 12:00 p.m. on Wednesday, April 1, 2026. In addition, the District requests five (5) hard copies of their proposal delivered to the Purchasing Department (7905 South Redwood Road, West Jordan, Utah 84088) by the above proposal due date and time. Additional important times and dates are listed on the Proposal Schedule.

When submitting an electronic copy to U3P Bonfire, please allow sufficient time to complete the online forms and to upload proposal documents. The RFP will end at the deadline. If an Offeror is in the middle of uploading a proposal when the deadline arrives, the system will stop the upload process and the proposal will not be accepted by U3P Bonfire, and the attempted submission will be considered late and ineligible for consideration.

Electronic proposals may require uploading of electronic attachments. U3P Bonfire will accept a wide variety of document types as attachments. However, JSD is unable to view certain documents. Therefore, DO NOT submit documents that are embedded files (ZIP), movies, WMP, encrypted, or MP3 files. All documents must be uploaded to U3P Bonfire as separate files.

Please allow sufficient time for delivery of hard copy proposals. When submitting a proposal by physical delivery (U.S. Mail, courier service, hand delivery, or other physical means), Offerors are solely responsible for meeting the deadline. Delays caused by a delivery service or other physical means will not be considered as an acceptable reason for a proposal being late. All proposals received by physical delivery will be date-stamped and time-stamped by

JSD.

Proposals must be received by the deadline. Proposals received after the deadline will be late and ineligible for consideration.

19. OFFEROR’S UNDERSTANDING OF RFP

By submitting a proposal to this RFP, the Offeror acknowledges and agrees that the requirements, scope of work, and the evaluation process outlined in this RFP are understood, fair, equitable, and are not unduly restrictive. The Offeror further acknowledges that they have read this RFP, along with any attached or referenced documents. It is expected that all Offerors responding to this RFP are prepared (if awarded a contract) to comply with the specifications contained in this RFP.

All costs incurred by an Offeror in the preparation and submission of a proposal, including any costs incurred during interviews or presentations, are the responsibility of the Offeror and will not be reimbursed.

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PART 2: PROPOSAL SCHEDULE

PROJECT NAME: Legal Services for the Board of Education

EVENT DAY DATE TIME PLACE

Request for Proposals Available

Wednesday Mar 4 11:00 a.m. utah.bonfirehub.com

Last Day to Submit Questions

Thursday Mar 26 5:00 p.m. utah.bonfirehub.com

Proposals Due By Wednesday Apr 1 12:00 p.m. utah.bonfirehub.com

Short List Selection by Selection Committee

Tuesday Apr 14 TBD JATC South Campus 12723 S. Park Avenue Riverton, UT 84065

Short List Interviews by Selection Committee OR Approval by the JSD Board of Education

Tuesday Apr 28 TBD for interview;

6:30 p.m.

for approval

JATC South Campus 12723 S. Park Avenue

Riverton, UT 84065

Approval by the JSD Board of Education if Interviews Occurred

Tuesday May 26 6:30 p.m. JATC South Campus

12723 S. Park Avenue

Riverton, UT 84065 http://utah.bonfirehub.com/

PART 3: MANDATORY MINIMUM REQUIREMENTS

1. MANDATORY MINIMUM REQUIREMENTS (Pass or Fail Criteria) This section contains mandatory minimum requirements that must be met in order for a proposal to be considered responsive. All of the items described in this section are nonnegotiable. Failure to meet any one of the mandatory requirements will result in the proposal being rejected. A rejection of a proposal due to it not meeting mandatory minimum requirements can occur at any time in the evaluation process.

Offerors must provide sufficient evidence and/or documentation demonstrating that the Offeror is compliant with the following mandatory minimum requirements:

A. LICENSED TO PRACTICE IN UTAH

Qualified and licensed to practice law in both the State of Utah and in U.S. Federal Court within the state. If a law firm, this applies to all principals, attorneys, and staff that are assigned to work for the District.

B. BAR ASSOCIATION GOOD STANDING

Certify that at no time nor in any state, been fined or had a license to practice law suspended or revoked by the American Bar Association in any state. Demonstrate that the firm or individual is currently in good standing with the State of Utah. If a law firm, this applies to all principals, attorneys, and staff that are assigned to work for the District.

C. EXPERIENCE WITH GOVERNMENT

Demonstrate expertise and show a record of having represented governmental entities in at least one (1) of the disciplines listed under the scope of work.

D. RESPONSIVENESS

Capable and willing to respond quickly to questions and provide immediate guidance on time-sensitive issues when the Board is required to take immediate action or provide an immediate legal response.

E. ATTEND BOARD OF EDUCATION MEETINGS

Capable and willing of meeting, in person with the Board, at locations within JSD boundaries, without unnecessary travel expenses. This implies that the firm or individual must have a local presence within approximately 50 miles of Jordan School District boundaries.

F. ATTORNEY MALPRACTICE INSURANCE

Provide documentation to support that the firm or individual has obtained an insurance policy to cover Attorney Malpractice in the amount of not less than $500,000. The JSD

Board of Education must be named as an additional insured under this policy only after an awarded contract has been established.

G. COMPLIANCE WITH UTAH CODE 63G-27 PUBLIC CONTRACT BOYCOTT

RESTRICTIONS

Offeror must sign the Public Contract Boycott Restrictions Statement (see Attachment B).

PART 4: SCOPE OF WORK

1. PURPOSE

The Jordan School District Board of Education is seeking proposals from law firms or individuals to provide legal services and consulting. It is the intent of the Board to obtain the best services at the most competitive prices. The services expected to be provided by the successful firm shall include the following items.

2. PROPOSED SERVICES NEEDED

This list is not intended to be all-inclusive. Additional ideas and suggestions for programs and/or services not specifically listed below which would benefit the JSD Board are invited and encouraged.

A. Provide general legal advice in K-12 educational matters with relation to applicable civil, state, and federal laws; to include special education and 504 disability rights.

B. Litigate controversies related to the autonomy of the JSD Board and governance matters pursuant to Utah State Education Law and any other applicable laws and rules.

C. Provide legal advice of purchasing contracts and procurement law upon request.

D. Provide legal advice on real estate matters involving land development, and the buying/selling/trading of real estate. Advise the Board on applicable property law including eminent domain and Community Development Agreements.

E. Attend Board study sessions and business meetings; and meet with staff when requested.

F. Represent the Board in litigation regarding employment law specific to the Utah Public Education Human Resource Management Act for district personnel and administration;

including litigation for personal injury and workers’ compensation claims.

G. Manage, conduct, and oversee litigation in all courts (state, federal, trial or appellate, general or special) and administrative agencies.

H. Provide legal services on all other matters typically associated with school district operations and other services as may be directed by the Board.

I. Provide legal advice on open and closed meeting laws.

3. REQUIREMENTS AND SPECIFICATIONS

The following list of requirements, although extensive, is not exhaustive and is intended to provide interested parties with sufficient basic information to submit proposals meeting minimum requirements, but it is not intended to limit a proposal’s content or exclude any relevant or essential information.

JSD reserves the right to determine equivalent or compatible offerings, and will hold the final determination on whether the offered solution is compatible with JSD’s needs.

A. FIRM PROFILE

1. Name, address, and phone number of firms, names of owners or principals of firm and duration and extent of experience of those owners or principals.

2. A brief history, including number of years in existence your firm has in providing legal services for similar clients.

3. Organizational chart of the firm.

4. Are there any judgments, claims, or suits pending or outstanding by or against your firm? If yes, submit details.

5. Please list any of the “Scope of Services” as part of this RFP that your firm would

NOT be able to provide to JSD.

B. FIRM CAPABILITIES

1. Describe how you help clients resolve legal questions.

2. Describe how you have helped school districts in the past.

3. Describe the breadth of services and specialties your firm focuses on.

C. STAFF PROFILE AND EXPERIENCE

1. Organization chart of the team that will work directly with the District.

2. Provide documentation of applicable degrees, licenses, and certificates to authorize your firm to practice law in the state.

3. Experience your staff has working with school districts.

4. Identify the areas of expertise of legal services for each member of the proposed staff.

5. How many years has each member of the proposed team been practicing each area of expertise?

D. PAST PERFORMANCE AND REFERENCES

For all related legal services provided in the last ten (10) years, identify the company by name. At least one of the provided references should be for a governmental agency or entity.

At least one of the provided references should also be a governmental agency in the state of Utah. Also, please list one client that you acquired within the past two years and also one you have had over ten years. For past references, provide the following information:

1. Company Name: Name of the Company that received consultation services.

2. Relationship: Identify what type of legal services were provided. Brief scope of services and type of consultation.

3. Company Point of Contact: Person who will be able to answer any customer satisfaction questions.

4. Phone Number: Phone number of the contact we will be surveying.

5. Email Address: Email of the contact we will be surveying.

6. Duration of Relationship: When was the start and end date (if applicable) of your legal representation.

PART 5: INFORMATION REQUIRED IN SUBMISSION OF A

PROPOSAL

1. RFP TECHNICAL PROPOSAL RESPONSE FORMAT

Proposals should be concise and straightforward. Unnecessarily elaborate presentations beyond those sufficient to present a complete and effective proposal response are not desired.

However, there is no intent in these instructions to limit a proposal’s content or to exclude any relevant or essential data.

All materials submitted become the property of JSD. Materials may be evaluated by anyone designated by JSD as part of the RFP evaluation committee and may be returned only as desired by JSD.

In order to assist JSD in evaluating each proposal response accurately and efficiently, JSD requires proposal responses be submitted with consecutive page numbers and tabs that clearly delineate each section using each of the following specific Tab Titles. Failure to format the proposal response as follows may result in disqualification.

A. TAB A: Response to Mandatory Requirements (Pass/Fail) As described in Section 2.1, Offeror must provide sufficient evidence and/or documentation that demonstrates they comply with the stated Mandatory Minimum Requirements list. Offeror’s failure to meet any one of the mandatory requirements will result in the proposal being classified as nonresponsive and being rejected under the provisions of the Utah Procurement Code.

B. TAB B: Firm Profile Briefly describe the history of the firm, including local offices in Utah, number of employees, and organizational chart of proposed staff that would be working with the District. Include your experience working with governmental agencies and if possible, boards or committees.

C. TAB C: Firm Capabilities Describe the capabilities of the firm to include answers to the questions and scenarios outlined earlier in the Scope of Work: Requirements and Specifications under Firm Capabilities.

D. TAB D: Staff Profiles and Experience Identify the staff that will be the primary legal counsel available to the District, and highlight their expertise and experience working in the education or government industry, both with the current firm and other firms they have worked for in the past.

E. TAB E: Past Performance and References Provide names, phone number and email addresses of five (5) clients who you suggest we contact and for whom services were rendered that are comparable in scope to the services listed in this RFP. Please list one client that you acquired within the past two years and also one you have had over ten years.

F. TAB F: Protected Information All protected/proprietary information must be identified in this section of the RFP by completing the Claim of Business Confidentiality Form (Attachment D).

If the Offeror’s proposal contains protected/proprietary information (refer back to section 1.13 for additional information), then Offeror must submit an electronic redacted copy of the proposal at the same time Offeror submits its proposal. The redacted copy of the Offeror’s proposal must be submitted in compliance with other sections of this RFP.

If there is no protected information, write “None” in this section.

Failure to comply with Section 1.13 of this RFP releases JSD from any obligation or liability arising from the inadvertent release of Offeror information.

G. TAB G: Potential Conflicts of Interest Offeror must identify any conflict of interest, or potential conflict of interest, that might arise during the contract.

If no conflicts are identified or expected, write “None” in this section.

2. FEE PROPOSAL RESPONSE FORMAT

All costs are to be enumerated on the Fee Proposal Form (see Attachment C). Offerors may not change or modify the format of the Fee Proposal Form and must submit pricing in the exact format requested for a fair comparison of pricing among all Offerors. Altering the format or conditioning the cost on acceptance of additional/conflicting terms or limitations may result in a finding that the proposal is nonresponsive.

The Fee Proposal will be evaluated independently from the Technical Proposal and MUST be submitted separately from the Technical Proposal. See “Instructions for Submitting the RFP.”

Inclusion of any cost or pricing data within the Technical Proposal will result in the proposal being judged as nonresponsive for violation of UCA 63G-6a-707(7).

PART 6: RFP EVALUATION AND AWARD

All proposals in response to this RFP will be evaluated in a manner consistent with the Utah Procurement Code, Utah Administrative Rules, JSD purchasing policies, and the evaluation criteria in this RFP. Offerors bear sole responsibility for the items included or not included within the proposal submitted by the Offeror.

1. RFP EVALUATION PROCESS

A. STAGE 1: Determination of Responsiveness (Pass/Fail Criteria) In Stage 1 of the evaluation process, the JSD Buyer will review all proposals timely received. Proposals will be opened by the Buyer electronically within twenty-four (24) hours after the proposal due date. Nonresponsive proposals (not conforming to RFP required format, not addressing all the requirements of the RFP, or unable to meet the Minimum Mandatory Requirements) will be eliminated from further consideration.

Responsive proposals will advance to Stage 2: Technical Proposal Evaluation.

B. STAGE 2: Technical Proposal Evaluation (Scored Criteria, 120 Points Possible) Responsive proposals will be evaluated by an evaluation committee appointed by JSD.

Proposals will be evaluated against the evaluation criteria as follows:

Evaluation Criteria Points Possible

A. RESPONSIVENESS AND COMPLETENESS 10

B. FIRM PROFILE 20

C. FIRM CAPABILITIES 30

D. STAFF PROFILES AND EXPERIENCE 50

E. PAST PERFORMANCE AND REFERENCES 10

Offerors that achieve a Minimum Technical Score Threshold of 90 points of the 120 total possible technical points will proceed to Stage 3: Finalist Interviews. Offerors with a score of less than the Minimum Score Threshold will be deemed non-responsible and ineligible for further consideration.

C. STAGE 3: Finalist Interviews (Scored Criteria, 50 Points Possible) If it is determined to be in the best interest of JSD, interviews and presentations will be held at the option of the JSD. JSD shall establish a date and time for the interviews or presentations and shall notify eligible Offerors of the procedures and criteria which they will be evaluated on by the committee. Offerors invited to interviews or presentations shall be limited to those Offerors meeting the minimum requirements and minimum technical score threshold specified in the RFP.

The minimum technical score threshold to be considered for interviews is 90 points out of 120 total possible points for Step One of the proposal submissions.

Representations made by an Offeror during interviews or presentations shall become an addendum to the Offeror’s proposal and shall be documented. Representations must be consistent with the Offeror’s original proposal and may only be used for purposes of clarifying or filling in gaps in the Offeror’s proposal. Interviews and presentations will be at the Offeror’s expense.

The interview criteria will be based on answers to questions the Board of Education will provide ahead of time.

D. STAGE 4: Fee Proposal Evaluation (Scored Criteria, 30 Points Possible) The JSD Buyer will conduct the Fee Proposal Evaluation independently from the Technical Proposal Evaluation and the Firm Interviews. If there are no Firm Interviews, then the Fee Proposal will only be worth 20 points possible.

The formula to determine the point score is the Lowest Cost Proposal (LCP) divided by the Offeror’s Cost Proposal (CP), multiplied by criteria points available (Points) [(LCP/CP) × Points = Score]. The Lowest Cost Proposal shall receive full points for this criterion.

2. AWARD OF CONTRACT

The contract shall be awarded to the Offeror whose proposal is determined to be the most advantageous to JSD, taking into consideration price and the other evaluation factors outlined in this RFP.

JSD reserves the right to award the contract to a technically qualified lower-cost Offeror in the event the highest total combined scoring offeror is determined to not be the best value offered to JSD, based on a cost-benefit analysis.

Please note that the contract award is contingent on JSD Board of Education final approval, which is expected to take place at their meeting on Tuesday, April 28, 2026, or May 26, 2026.

The winning Offeror may not begin any work or services until the contract has been signed by both parties and the Offeror has received a signed JSD purchase order.

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2. FEE PROPOSAL RESPONSE FORMAT

2. AWARD OF CONTRACT