R105-1-5. Approved Vendor List Process

(1) In accordance with Section 63G-6a-507, the Attorney General may establish an approved vendor list. The approved vendor list shall be an ongoing, amendable and open-ended list of approved outside counsel based on the statements of qualifications received in accordance with Section 63G-6a-410. The Attorney General will periodically update the list to include: (a) a schedule indicating when a vendor not on the initial approved vendor list may submit a statement of qualifications to be considered to be added to the approved vendor list; and (b) the specified period after which a vendor shall submit a new statement of qualifications for evaluation before the vendor's status as an approved vendor on the approved vendor list may be renewed. (2) Attorneys, law firms, or other entities interested in providing outside counsel legal services to the Office may, using the process outlined in Section 63G-6a-410, submit a statement of qualifications and an expression of interest at any time to be considered for its approved vendor list. (3) The Attorney General may specify a uniform format for statements of qualifications. (4) Any attorney, law firm, or entity may amend its statement of qualifications for the approved vendor list at any time by filing a new statement. (5) The Attorney General may reject a statement of qualifications if the Attorney General or the Attorney General's designee determines that: (a) the vendor: (i) has excessive or unwaivable conflicts of interest involving current or previous clients; or (ii) has previously represented parties adverse to the best interests of the state; (iii) is not responsible; (iv) is in violation of a provision found in the Utah Procurement Code, Title 63G, Chapter 6a; (v) has engaged in unethical conduct; (vi) has been the subject of formal or informal discipline imposed by the Utah State Bar; or (vii) receives a performance rating below the satisfactory performance threshold specified in the request for statement of qualifications. (b) there has been a change in the vendor's circumstances after the vendor submits a statement of qualifications that, if the change had been known when the statement of qualifications was evaluated, would have caused the statement of qualifications not to have received a qualifying score; or (c) the statement of qualifications: (i) is not responsive; or (ii) does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds stated in the request for statement of qualifications. (6) A determination to reject a statement of qualifications made under Subsection (5) is final and non-appealable.