Post-Conviction Relief Act Litigation Services

The State of Utah Division of Purchasing, conducting on behalf of the Department of Criminal Justice, is requesting proposals for post-conviction relief litigation services under an RFP anticipated to result in multiple contract awards, with proposals due July 27, 2026 and a three-year contract term ending November 14, 2029. Incumbent firms with current contracts ending November 14, 2029 are not required to resubmit.

Contractors will represent indigent individuals pursuing post-conviction relief under Utah Code Title 78B, Chapter 9 throughout the state. Services include case representation during the initial petition phase in district court, the appellate phase following dismissal, or both phases consecutively; court filings (motions, pleadings, petitions, briefs, and certiorari petitions); transcript and record acquisition; legal research; coordination with investigators; hearing preparation and attendance; and oral arguments in both district and appellate courts. Contractors must maintain professional malpractice insurance with minimum limits of $250,000 per claim and $500,000 per occurrence.

Compensation is structured at an hourly rate of $150 per hour plus reimbursable travel expenses and reasonable case-related costs. Presumptive maximum case budgets are $9,000 for district court-only cases and $9,000 for appellate-only cases, with an additional $3,000 available for cases spanning both court levels (totaling $12,000 maximum). Expert witness and investigator fees up to $500 per case require no prior approval; expenses exceeding $500 require written approval from the Indigent Appellate Defense Division's Chief Appellate Officer before being incurred. Contractors must submit monthly reports on services rendered and case outcomes and comply with monthly case management system reporting requirements.

Evaluation occurs in three stages: initial review for responsiveness and compliance with mandatory minimum requirements; technical response evaluation by committee using weighted criteria; and cost response evaluation on a lowest-cost basis. Vendors must submit cost proposals separately from technical responses. All pricing information is public and cannot be classified as confidential. The State reserves the right to conduct discussions with reasonably susceptible vendors followed by best and final offers. Questions are submitted through the U3P platform during the designated question and answer period.