BPM007588 AG26-0026 Outside Counsel - Consumer Fraud (Contingency Fee Only) Attachment I 07162026.doc

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Attached to
Outside Counsel Services – Consumer Fraud and Related Civil Actions (Contingency Fee Only)
Solicitation number
BPM007588
Issued by
Arizona

About this file

This is a Request for Proposal (RFP) and offer and acceptance form issued by the State of Arizona Office of the Attorney General for outside counsel services in consumer fraud and related civil actions on a contingency fee basis under Solicitation #BPM007588 and Contract #AG26-0026. The RFP seeks qualified law firms to provide legal representation and services related to consumer fraud cases. The offer submission is firm for 180 days following the solicitation due date. Counsel must not commence any billable work or provide services until receiving a purchase order, contract release document, or written notice to proceed from the state.

Compensation is structured exclusively on a contingency fee basis with a maximum cap of fifty million dollars in contingency fees, excluding reasonable costs and expenses. The fee schedule is tiered based on recovery amounts: 25% of recoveries under $10 million, 20% for recoveries between $10-$15 million, 15% for recoveries between $15-$20 million, 10% for recoveries between $20-$25 million, and 5% for recoveries exceeding $25 million. An hourly rate schedule is also provided for reference, with maximum rates of $400 for partners, $250 for associates, and $125 for paralegals. Qualified offerors must disclose firm information, personnel composition, prior state contracts, insurance compliance, conflicts of interest, bar complaints, and malpractice history. Key personnel qualifications, experience, and references must be documented. The state does not require a conflict of interest waiver for counsel representing defendants in criminal cases.

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REQUEST FOR PROPOSAL (RFP)

SOLICITATION # BPM007588

OFFER AND ACCEPTANCE

Attachment I State of Arizona Office of the Attorney General 2005 N Central Ave Phoenix, AZ 85004

AG18-0013

BUSINESS QUESTIONNAIRE

Attachment I Office of the Attorney General

1275 W. Washington

Phoenix, AZ

85007-2926

COUNSEL’S OFFER

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service, or construction in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

Company Name
Signature of Person Authorized to Sign Offer
Company Address
Printed Name
City
State
Zip
Title
Contact Email Address
Phone Number
Fax Number

By signature in the Offer section above, the Offeror certifies:

1. Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Orders 2023-09, 2023-01, 2009-09, or A.R.S. §§ 41-1461 through 41-1465;

2. Has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or Service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under the law.

3. Complies with A.R.S. § 18-132 when offering electronics or information technology products, Services, or maintenance;

4. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time per the Instructions to Offers. Any extensions to the Offer Acceptance Period shall be made in accordance with the A.A.C. R2-7-C310;

5. Did not and will not involve collusion or other anti-competitive practices; and

6. Is not debarred from, or otherwise prohibited from, participating in any contract awarded by federal, state, or local government.

7. Does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. § 35-393 et seq. (Unless exempt)

8. Does not participate in the use of forced labor of ethnic Uyghurs as described in A.R.S. § 35-394. (Unless exempt)

a. By checking this box, Offeror is certifying that it is exempt from the requirements regarding the forced labor of ethnic Uyghurs and boycott of Israel because of one of the following: Contractor is a Sole proprietorship, has fewer than ten (10) employees, or is a non-profit organization.

9. Offeror certifies that the above-referenced organization IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less. IS/

ACCEPTANCE OF OFFER

Your offer is hereby accepted:

Counsel is now bound to sell the materials, services, or construction listed by the attached contract based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and Counsel’s offer as accepted by the Office of the Attorney General.

Counsel is hereby cautioned not to commence any billable work or provide any material or service under this contract until Counsel receives a purchase order, contract release document or written notice to proceed.

This Contract shall henceforth be referred to as Contract No.:
AG26-0026-

The effective date of the Contract is:

State of Arizona

Office of the Attorney General Awarded this

Day of

Cindy Palmer, Procurement Manager

Counsel Information

Firm Name
Year Firm was Established

Firm Address

City
State
Zip
Primary Phone Number
Contact Fax Number

Firm Identified in Proposal as: Parent Company: FORMCHECKBOX Branch or Subsidiary Office: FORMCHECKBOX Individual Contracted Counsel: FORMCHECKBOX

Name and location of Parent Company (if applicable)
Year Parent Company was Established (if applicable)

Names of not more than two Principals to contact:

Name
Title
Phone Number
Email Address
Name
Title
Phone Number
Email Address

Number of Personnel by Discipline (count each person only once, by primary function):

Partners
Of Counsel
Associate
Paralegal/Legal Asst
Law Clerks
Other:
Other:
Total Personnel

Has your firm ever held a contract with the State of Arizona? For how many years?:

Acceptance of Insurance Requirements:

Indicate that you have read, understand and will comply with the Insurance requirements specified in Section 8 & 9 of the Agreement. Check the appropriate response.

FORMCHECKBOX

Yes, we will comply with the Insurance requirements

FORMCHECKBOX

No, we will not comply with the Insurance requirements

Conflicts of Interest:

Identify and describe any type of matter, litigation and otherwise, in which your firm is involved with against the State of Arizona or any of its agencies and a concise statement of how your firm proposes to resolve any conflicts of interest with the State of Arizona. Specific Cases or Matters should be listed on the table on the following page or you may add an attachment sheet similar to the table. In the event of the award of a contract, Counsel must receive a waiver of any conflict of interest. The award of this contract does not create or cause said waiver.

Note: The State of Arizona does not require counsel to obtain a waiver of conflict of interest when counsel undertakes representation of a defendant in a criminal case.

No “Blanket” waiver requests will be considered. Check none below, if no conflict of interest exists. FORMCHECKBOX None

Specific Case/Matter Information:

List the specific cases in which your firm has been adverse to the State of Arizona in the last 2 years.

If the case has been on-going for more than two years it should be listed here. Add additional pages if needed.

Court or Case Name
Court or Case Number
Date Began
Date Ended

List the specific matter in which your firm has been adverse to the State of Arizona in the last 2 years.

If the matter has been on-going for more than two years it should be listed here. Add additional pages if needed.

Matter
Date Began
Date Ended

List the specific cases in which your firm has represented the State of Arizona in the last 2 years.

If the case has been on-going for more than two years it should be listed here. Add additional pages if needed.

Court or Case Name
Court or Case Number
Date Began
Date Ended

Disclosure of any State Bar Association Investigations and Malpractice Suits

Does any current member of your firm have any bar complaint currently being investigated and/or disciplinary action taken by the State Bar Association against them? Add additional pages if needed.

Check the appropriate response
FORMCHECKBOX

Yes

FORMCHECKBOX

No

If answer to the above is “Yes”, use the space below to disclose details of any complaint(s):

Has your firm had any malpractice suit or claim for malpractice filed against it in the last 2 years?

Add additional pages if needed.

Check the appropriate response
FORMCHECKBOX

Yes

FORMCHECKBOX

Do you wish this information to be held confidential in accordance with A.A.C. R2-7-103?

Add additional pages if needed.

Check the appropriate response
FORMCHECKBOX

Yes

FORMCHECKBOX

Rate Schedule

The contingency fee received by this state's private attorney shall not exceed fifty million dollars, except for reasonable costs and expenses and regardless of the number of lawsuits filed or the number of private attorneys retained to achieve the recovery. Rates below are the maximum allowed and may be negotiated on a case by case basis.

Item #
Description
1
Not to exceed Twenty-five per cent of the initial recovery of less than ten million dollars.
2
Not to exceed Twenty per cent of that portion of any recovery of ten million dollars or more but less than fifteen million dollars.
3
Not to exceed Fifteen per cent of that portion of any recovery of fifteen million dollars or more but less than twenty million dollars.
4
Not to exceed Ten per cent of that portion of any recovery of twenty million dollars or more but less than twenty-five million dollars.
5
Not to exceed Five per cent of any recovery of twenty-five million dollars or more.

Hourly Rate Schedule

The Hourly Rate Schedule shall be governed by the provisions of Paragraph 1.10 of the Request for Proposal.

Item
Description
Maximum Rate
Hourly Rate Offered

(Not to Exceed Maximum Rate)

1
Partner

$400.00

2
Associate

$250.00

3
Paralegal

$125.00

Qualifications and Experience of Key Personnel

Complete this section for the Key Personnel the Offeror is proposing. Key Personnel are the individuals showing the experience and expertise to do the work identified in this RFP. If an item is not applicable, indicate so by inserting “N/A. Please copy this form as needed.

Name of Individual
Title
Proposed Project Role
Area(s) of Expertise
Bar Registration No.
State of Issue
Year
Bar Registration No.
State of Issue
Year
Education
Degree
Year
Education
Degree
Year

Executive Summary describing this individual’s suitability for a project of this nature. Include similar cases the individual was involved in and their role.

References

Provide a minimum of three references to which you have provided similar services.

Reference #1 Company:

Contact:

Street Address:

City, State, Zip:

Telephone #:

E-Mail:

Service Provided:

Reference #2 Company:

Contact:

Street Address:

City, State, Zip:

Telephone #:

E-Mail:

Service Provided:

Reference #3 Company:

Contact:

Street Address:

City, State, Zip:

Telephone #:

E-Mail:

Service Provided:

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