Legal Services to Assist with Colorado River Litigation

The Office of the Attorney General of the State of Utah is issuing a Request for Proposal to establish a list of qualified law firms eligible to provide legal services for Colorado River litigation through multiple professional service agreements (PSAs) over a five-year contract period. The procurement seeks law firms capable of litigating interstate compacts, appellate and original actions in the United States Supreme Court, and complex federal environmental matters, with particular competency in Colorado River "Law of the River," Bureau of Reclamation operations, ESA/NEPA litigation, and tribal reserved rights issues. Each Litigation Team must include a Lead Counsel with a minimum of 12 years of experience litigating complex cases and admission to the U.S. Supreme Court, up to one Senior Attorney with at least 7 years of complex litigation experience, up to two Junior Attorneys, and at least one paralegal; all attorneys must be active licensed members of at least one state or federal district court bar and in good standing with all bars of admission. The technical evaluation will assess Lead Counsel and Senior Attorney qualifications (200 points, 40% weight), overall Litigation Team qualifications (100 points, 20% weight), offeror experience with complex litigation (150 points, 30% weight), reference materials and malpractice insurance documentation (25 points, 5% weight), and cost proposals (25 points, 5% weight), with a mandatory technical threshold score of 350 points out of 500 possible points. Offerors must maintain legal malpractice insurance coverage of at least $5,000,000 per incident, complete background checks, verify non-debarred status, and certify team experience and conflict of interest verification as mandatory pass/fail requirements. Proposals were due March 16, 2026, with the question and answer period closing on the date specified in the U3P portal, and vendor pricing must be guaranteed for one year with any subsequent annual increases not to exceed five percent.

The RFP does not identify specific set-aside designations for disadvantaged enterprises or restrictions limiting organizational types, though all vendors must certify compliance with state procurement regulations, non-participation in economic boycotts or boycotts of Israel, and non-use of forced labor or products from restricted foreign entities. No incumbent vendors or current contractors are identified in the solicitation documents. Compensation will be structured as hourly rates for Lead Counsel, Senior Attorneys, Junior Attorneys, and paralegals as specified on the Cost Proposal Form, with the OAG reimbursing approved litigation costs and expenses at no more than 100 percent of amounts actually incurred without administrative overhead or surcharge. Each PSA will include a limitation stating that fees and costs shall not exceed $1,000,000 without express written authorization from the Attorney General, and contractors must follow an OAG-approved phased budget with detailed contemporaneous time record maintenance for three years after PSA termination. The RFP does not specify total contract values or budget ranges beyond the $1,000,000 per-PSA limitation; however, successful offerors will be placed on an eligible law firm list for five years and may enter into multiple PSAs throughout that period on an as-needed basis for Colorado River litigation matters.