Utah Admin. Code R105-1-3 - General Process
(1) This rule
applies to the procurement and appointment of Outside Counsel, expert
witnesses, litigation support services, litigation related consultants, as well
as management software and services by the Attorney General.
(2) In order to properly fulfill the
responsibilities of the Office, the procurement of Outside Counsel, expert
witnesses, litigation support services, litigation related consultants, and
management software and services may require that public notice of a particular
procurement not be provided. Public notice of a procurement may only be waived
in the event of an emergency procurement or as authorized by the Procurement
Code.
(3) The Attorney General may
select Outside Counsel, expert witnesses, professional litigation support
services, litigation related consultants, as well as management software and
services pursuant to any authorized process under the Utah Procurement Code. In
any such selection process, it may be specified that the Outside Counsel is
responsible for providing the expert witnesses or other litigation goods and
services through the selection process for Outside Counsel and pursuant to the
contract provisions with the Attorney General.
(4) The Attorney General shall comply with
the Utah Procurement Code. The Attorney General shall comply with Rule R33 only
when necessary to comply with Utah Code, except when Rule R33 is in conflict
with or preempted by this Rule R105-1.
(5) The Attorney General may, in a multistate
case involving other states as parties aligned with Utah, elect to enter into a
fee sharing agreement in which each state contributes to a litigation fund that
is used to purchase expert witnesses and/or other litigation support services
including litigation related consultants, as well as management software and
services, or through a similar group procurement agreement. The agreement shall
be treated collectively as a sole source procurement of all goods and services
purchased under the terms of the agreement.
(6) The Attorney General may, in a multistate
case involving other states as parties aligned with Utah, select Outside
Counsel jointly with some or all of the other states as a sole source
procurement.
(7) The Attorney
General's office shall ensure that the procurement of outside counsel is
supported by a determination by the Attorney General that the procurement is in
the best interests of the state, in light of available resources of the
Attorney General's office.
(8) The
Attorney General's office shall provide for the fair and equitable treatment of
all potential providers of outside counsel, expert witnesses, and other
litigation support services including, litigation related consultants, as well
as management software and services consistent with the limitations and
procedures set forth in this Rule R105-1.
(9) The Attorney General's office shall
ensure that fees for outside counsel, whether based on an hourly rate,
contingency fee, or other arrangement, are reasonable and do not exceed
industry standards.
(10) The
procurement and requirements regarding a Contingency Fee Contract must meet the
requirements of this Rule R105-1 and the applicable provisions of the Utah
Code.
Notes
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