Legal Services to Assist with Civil Enforcement for DEQ

The Office of the Attorney General of the State of Utah is issuing a Request for Proposal (TR26-12) to establish multiple professional service agreements with qualified law firms to provide legal services assisting with civil enforcement matters for the Department of Environmental Quality. The procurement will result in multiple contract awards, with successful offerors placed on an eligible vendor list for a five-year period. The services required include representing DEQ in original civil enforcement actions, trial de novo reviews of administrative decisions, appeals of agency actions, civil litigation for temporary restraining orders and injunctions, recovery of financial assurance, and negotiation of stipulated compliance orders involving civil penalties under Utah Code Title 19. Successful firms must designate a Lead Attorney with a minimum of ten years of civil litigation experience, optionally one Senior Attorney with at least five years of experience, up to two Junior Attorneys, and at least one paralegal, with all attorneys maintaining active Utah State Bar licenses. Compensation will be structured on an hourly fee basis with reimbursable expenses for approved travel and litigation costs, subject to a default fee cap of $100,000 per matter without express written authorization, and vendors must guarantee pricing for one year with annual increases not exceeding five percent thereafter. The technical evaluation employs a 500-point scoring system weighted as follows: Lead Counsel and Senior Attorneys qualifications (40%, 200 points); geographic location and civil litigation experience in designated Key Counties including Salt Lake, Tooele, Summit, Davis, Weber, Box Elder, Cache, Utah, Wasatch, Uintah, Iron, Washington, Grand, and San Juan (35%, 175 points); general civil litigation experience and case results (15%, 75 points); reference materials, conflicts of interest, and malpractice insurance documentation (5%, 25 points); and cost proposal (5%, 25 points). Mandatory minimum requirements include certification of team experience, conflict-of-interest clearance, legal malpractice insurance coverage of at least $1,000,000 per incident, completion of background checks, and certification of non-debarred status. Offerors must achieve a minimum threshold of 350 points (70% of technical points) to be placed on the eligible vendor list. The RFP was posted on March 3, 2026, with proposals due by March 24, 2026, and all questions must be submitted through the Utah Procurement System (U3P) during the designated question and answer period.

There are no documented set-aside designations or restrictions specifically limiting responses to disadvantaged enterprises identified in the solicitation documents. Vendors are prohibited from communicating directly with procurement staff or evaluation committee members except through the designated State of Utah Division of Purchasing procurement officer, and all responses must be submitted through the Utah Procurement System (U3P). Vendors must certify compliance with all mandatory and technical requirements, including that they are not engaged in economic boycotts or boycotts of the State of Israel, do not provide forced labor products, and comply with restricted foreign entity requirements. Legal malpractice insurance must cover all team attorneys and paralegals, and proof of insurance and certificates of good standing must be provided within thirty days of professional service agreement execution. Cost proposals must be submitted separately from technical responses in Microsoft Word format with hourly rates specified for each staff position category; failure to submit cost proposals separately will render the response non-responsive. The standard terms and conditions require commercial general liability insurance of not less than $1,000,000 per occurrence and $3,000,000 aggregate, workers' compensation insurance, and commercial automobile liability insurance of $1,000,000 per occurrence if vehicles are used. No specific incumbent vendors, budget ranges, or award values are identified in the solicitation documents.