R105-1-5. Request for Proposals Process

  (1) The Request for Proposals shall contain, in addition to the requirements of Rule R33-7-102, at a minimum, the following information:

  (a) A description of the project.

  (b) Fee arrangements.

  (c) The persons or entities being sought in the procurement, including whether an individual person, firm or association of firms may respond.

  (d) The qualification criteria and the relative importance of the criteria. The Attorney General shall request qualifications from outside counsel being considered to provide services under a contingent fee contract unless the Attorney General:

  (i) determines that requesting qualifications is not feasible under the circumstances; and

  (ii) sets forth the basis for this determination in writing.

  (e) Examples of criteria include:

  (i) Identification by name and experience of the proposed service provider(s);

  (ii) A description of the duties and responsibilities of each person providing the service; and

  (iii) The ability of the persons providing the service to meet the needs of the project, including the consideration of any association with other persons, expert witnesses or firms;

  (f) The Contractual Requirements, which may be accomplished by including a copy of the contract.

  (g) A request for a conflicts analysis, including potential conflicts of interest or other related matters concerning the offeror's ability to ethically perform the requested services.

  (2) In any selection process for outside counsel, it may be specified that the outside counsel is responsible for providing the expert witnesses or other litigation goods and services including litigation related consultants, as well as management software and services through the outside counsel's selection process and pursuant to the contract provisions with the Attorney General.

  (3) Minimum scores for any of the criteria may be established.