Attorney General

Administration

Rule 1: Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services

Effective Date: 06/01/2026

Admin. Code Reference: R105-1

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: New

Rule or section number:

R105-1

Filing ID: 57874

Agency Information

1. Title catchline:

Attorney General, Administration

Building:

Utah State Capitol

Street address:

350 N State Street, Suite #230

City, state:

Salt Lake City, UT

Contact persons:

Name:

Phone:

Email:

Paul Tonks

385-266-4104

phtonks@agutah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services

4. Purpose of the new rule or reason for the change:

Section 67-5-32 requires the Utah Attorney General's Office (Office) to make rules to establish public disclosure, transparency, accountability, reasonable fees and limits on fees, and reporting in relation to the procurement of outside counsel, expert witnesses, and other litigation support services.

5. Summary of the new rule or change:

Provide new defined terms for Title 105, Attorney General, Administration, and a new approved vendor process for the Office.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is no anticipated cost or savings because the procurement process has already been previously implemented.

B. Local governments:

There is no anticipated cost or savings because the procurement process has already been previously implemented.

C. Small businesses ("small business" means a business employing 1-49 persons):

There is no anticipated cost or savings because the procurement process has already been previously implemented.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There is no anticipated cost or savings because the procurement process has already been previously implemented.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

There is no anticipated cost or savings because the procurement process has already been previously implemented.

F. Compliance costs for affected persons:

There is no anticipated cost or savings because the procurement process has already been previously implemented.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

Derek Brown, the Attorney General of Utah, Attorney General's Office, has reviewed and approved this regulatory impact analysis.

Citation Information

7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Subsection 67-5-32(1)

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

05/15/2026

10. This rule change MAY become effective on:

05/22/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

Paul Tonks, Assistant Attorney General

Date:

03/25/2026

R105. Attorney General, Administration.

R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services.

R105-1-1. Purpose and Authority.

(1) The purpose of this rule is to provide the requirements for procurements that are managed by the Attorney General, including the hiring of [O]outside [C]counsel, expert witnesses, and litigation support services.

(2) This rule is adopted pursuant to authority granted by the Utah Procurement Code and [Section]Subsection 67-5-32(1)(a), including

authority to manage procurement of procurement items directly or by delegation of the Chief Procurement Officer of the Division of Purchasing of the Department of [Administrative Services]Government Operations.

(3) The Attorney General may procure any procurement item and exercise any action authorized by the Procurement Code and this [R]rule.

R105-1-2. Definitions.

Terms in this Rule R105-1 shall be as defined in Title 63G, Chapter 6a, Utah Procurement Code. The definitions in Rule R33-1 also apply to this Rule R105-1, except in case of conflict, the definitions in this Rule R105-1 shall control.[ Additional definitions are provided below.]

(1) "Agency" is as defined in Section 67-5-3.

(2) "Attorney General" means the Attorney General of the State of Utah, or the Attorney General's designee.

(3) "Contingent fee case" means a legal matter for which legal services are provided under a contingent fee contract.

(4) "Contingent fee contract" means a contract for legal services under which the compensation for legal services is a percentage of the amount recovered in the legal matter for which the legal services are provided.

(5) "Expert witness" means a person whose knowledge, skill, experience, training or education in a scientific, technical, or other specialized area, would enable the person to give testimony under the Utah Rules of Evidence, Rule 702.

(6) "Legal matter" means a legal issue or administrative or judicial proceeding within the scope of the [a]Attorney [g]General's authority.

(7) "Litigation Support Services" includes goods, services, software, or technology.

(8) "Office" means the Office of the Utah Attorney General.

([8]9) "Outside [C]counsel" means an attorney or attorneys who are not, or a law firm whose attorneys are not, employed by the Attorney

General's [o]Office, pursuant to Section 67-5-7[ et seq.], which the Attorney General hires, pursuant to Section 67-5-5, to represent, provide legal

advice, or counsel to an agency of the [S]state. ["]Outside [C]counsel["] may or may not be designated as ["]Special Assistant Attorney General["],

as the Attorney General determines.

([9]10) "Procurement item" or "Procurement items" is as defined in Section 63G-6a-103.

([10]11) "Securities class action" means an action brought as a class action alleging a violation of federal securities law, including a

violation of the Securities Act of 1933, 15 U.S.C. Sec. 77a et seq., or the Securities Exchange Act of 1934, 15 U.S.C. Sec. 78a et seq.

([11]12) "Small purchase" means a purchase under [Rule ]Section R105-1-6.

([12]13) "Sole source" means a determination by the Attorney General, in writing, that the sole source requirements of the Utah

Procurement Code and this [R]rule have been met.

([13]14) "State" means the State of Utah.

(15) "Vendor" means attorney, law firms, or other entities providing or interested in providing outside counsel legal services to the Office.

R105-1-3. General Process.

(1) This rule applies to the procurement and appointment of [O]outside [C]counsel, expert witnesses, litigation support services, litigation

related consultants, as well as management software and services by the Attorney General.

(2) [In order t]To properly fulfill the responsibilities of the Office, the procurement of [O]outside [C]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 [O]outside [C]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 [O]outside [C]counsel is responsible for providing the expert witnesses or other litigation goods and

services through the selection process for [O]outside [C]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 ]Title R33 only

when necessary to comply with Utah Code, except when [Rule ]Title 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 [O]outside [C]counsel jointly

with some or all [of ]the other states as a sole source procurement.

(7) The Attorney General's [o]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 [o]Office.

(8) The Attorney General's [o]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 [o]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.

R105-1-4. Available Procurement Processes.

[Prior to ]Before any procurement for legal services, the Attorney General shall determine which process under the Utah Procurement Code

shall be used.

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;

(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.

R105-1-[5]6. Request for Proposals Process.

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

information:

(a) A description of the project or law practice areas of anticipated need.

(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.

R105-1-[6]7. Small Purchases.

(1) The maximum thresholds for small purchases shall be as described in this [Rule ]Section R105-1-6.

(2) For [O]outside [C]counsel, litigation related consultants, management software and services, as well as expert witnesses, the small

purchase maximum threshold is $250,000 per contract. A written justification statement shall be filed explaining the reason[(]s[)] for selection of the

contractor.

(3) For the selection of litigation support services that are not included under [Rule]Subsection R105-1-6(2), including [but not limited to

]court reporting, litigation related copying and printing services, the small purchase maximum threshold is $50,000 per contract. For a purchase of litigation support services that are not included under [Rule ]Subsection R105-1-6(2) between $2,500 and $50,000, a minimum of two quotes shall be

obtained or there shall be developed a rotation system of qualified persons or firms that meet the qualifications for the service. For any purchase of litigation support services that are not included under [Rule ]Subsection R105-1-6(2) of $2,500 or less, a direct award may be made.

(4) Under [Section]Subsection 63G-6a-506(3), a threshold stated in this [R]rule may be exceeded if the Attorney General or a person

specifically designated in writing by the Attorney General gives written authorization to exceed the threshold that includes the reasons for exceeding the threshold.

R105-1-[7]8. Sole Source.

Unless the Attorney General determines that a publication of a sole source shall be published, sole sourced procurement items need not be published regardless of cost.

R105-1-[8]9. Emergency Procurements.

(1) An emergency procurement may only be used when an emergency exists as described in, and in compliance with, Section 63G-6a-803.

(2) Emergency procurements are limited to those necessary to mitigate the emergency.

R105-1-[9]10. Confidentiality of Procurement Records.

(1) The Attorney General shall comply with Title 63G, Chapter 2, Governmental Records Access and Management Act (GRAMA).

(2) Pricing may not be classified as protected and is considered public information.

(3) An entire response to a solicitation may not be designated as "PROTECTED,"[,] "CONFIDENTIAL" or "PROPRIETARY" and shall

be considered non-responsive unless the vendor removes the designation.

(4) Publicizing Awards.

(a) In addition to the requirements of Section 63G-6a-709.5, the following shall be disclosed after receipt of a GRAMA request and applicable fees:

(i) the executed contract[(]s[)] and the successful proposal[(]s[)], except for those portions that are not Public;

(ii) unsuccessful proposals, except for those portions that are not Public;

(iii) the rankings of the proposals;

(iv) the names of the members of any evaluation committee;

(v) the final scores used by the evaluation committee to make the selection, except that the names of the individual scorers [shall ]may not

be associated with their individual scores or rankings; and

(vi) the written justification statement supporting the selection, except for those portions that are not Public.

(b) After due consideration and public input, the following has been determined by the Procurement Policy Board and the Attorney General's Office to impair governmental procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity, and will not be disclosed by the Attorney General's Office:

(i) the names of individual scorers[/] or evaluators in relation to their individual scores or rankings;

(ii) any individual scorer's[/] or evaluator's notes, drafts, and working documents;

(iii) non-public financial statements; and

(iv) past performance and reference information which is not provided by the vendor and which is obtained as a result of the efforts of the Attorney General's Office. To the extent such past performance or reference information is included in the written justification statement, the justification statement is still subject to public disclosure.

(c) In regard to an Invitation for bids issued by the Attorney General's Office, the Attorney General's Office shall, on the day on which the award of a contract is announced, make available to each vendor and to the public, a notice that includes:

(i) the name of the vendor to which the contract is awarded and the price[(]s[)] of the procurement item[(]s[)]; and

(ii) the names and the prices of each vendor to which the contract is not awarded.

R105-1-[10]11. Special Provisions [r]Regarding Procurement of Outside Counsel.

(1) The Attorney General [shall ]may not enter into a contract for outside counsel unless the requirements of this [Rule ]Section R105-1-10

are met throughout the contract period and any extensions.

(2) The Attorney General shall review the proposed fee arrangement to hire outside counsel to ensure that there is a reasonable, good faith legal basis to pursue the litigation in the interest of the citizens of the [S]state.

(3) The Attorney General shall retain oversight and control over the course and conduct of the litigation or anticipated litigation.

(4) The Attorney General shall designate a member of the Attorney General's Office to personally oversee the litigation.

(5) The Attorney General shall retain veto power over any decisions made by outside counsel, and no lawsuit will be filed, or party added to or served with process in any lawsuit, by outside counsel, without express written permission of the Attorney General.

(6) The Attorney General shall be apprised of, attend, and participate in all settlement offers or conferences.

(7) Decisions regarding settlement of the case shall be made by the Attorney General and not the outside counsel, provided that the Attorney General may give outside counsel a reasonable range of specific settlement authority in writing, within which outside counsel [is authorized

to]may settle the case.

(8) Written Determination regarding using a Contingency Fee Contracts. The Attorney General may not enter into a contingent fee contract with outside counsel unless the Attorney General makes a written determination that the contingent fee contract is cost-effective and in the public interest. This written determination shall:

(a) be made before or within a reasonable time after the Attorney General enters into a contingent fee contract; and

(b) include specific findings regarding:

(i) whether sufficient and appropriate legal and financial resources exist in the Attorney General's [o]Office to handle the legal matter that

is the subject of the contingent fee contract; and

(ii) the nature of the legal matter, unless information conveyed in the findings would violate an ethical responsibility of the Attorney General or a privilege held by the state.

(9) Contingency Fee Limit. The Attorney General may not enter into a contingent fee contract with outside counsel that provides for outside counsel to receive a contingent fee, exclusive of reasonable costs and expenses, that exceeds:

(a) 25% of the amount recovered, if the amount recovered is no more than $10,000,000;

(b) 25% of the first $10,000,000 recovered, plus 20% of the amount recovered that exceeds $10,000,000, if the amount recovered is over $10,000,000 but no more than $15,000,000;

(c) 25% of the first $10,000,000 recovered, plus 20% of the next $5,000,000 recovered, plus 15% of the amount recovered that exceeds $15,000,000, if the amount recovered is over $15,000,000 but no more than $20,000,000; and

(d) 25% of the first $10,000,000 recovered, plus 20% of the next $5,000,000 recovered, plus 15% of the next $5,000,000 recovered, plus 10% of the amount recovered that exceeds $20,000,000, if the amount recovered is over $20,000,000; or

(e) $50,000,000.

(10) Opt-out regarding Contingency Fee Contracts.

(a) A provision of a contingent fee contract that is inconsistent with a provision of this section is invalid unless, before the contract is executed, the contingent fee contract provision is approved by a majority of the Attorney General, state treasurer, and state auditor.

(11) Exceptions regarding Contingency Fee Contracts:

(a) A contingent fee under a contingent fee contract may not be based on the imposition or amount of a penalty or civil fine.

(b) A contingent fee under a contingent fee contract may be paid only on amounts actually recovered by the state.

(i) outside counsel that is a party to the contingent fee contract shall acknowledge that the Attorney General retains complete control over the course and conduct of the contingent fee case for which outside counsel provides legal services under the contingent fee contract;

(ii) the Attorney General with supervisory authority shall oversee any litigation involved in the contingent fee case;

(iii) the Attorney General retains final authority over any pleading or other document that outside counsel submits to court;

(iv) an opposing party in a contingent fee case may contact the Attorney General directly, without having to confer with outside counsel;

(v) the Attorney General with supervisory authority over the contingent fee case may attend all settlement conferences; and

(vi) the outside counsel shall acknowledge that final approval regarding settlement of the contingent fee case is reserved exclusively to the discretion of the Attorney General.

(d) Nothing in [Rule ]Subsection R105-1-10(11) may be construed to limit the authority of the client regarding the course, conduct, or

settlement of the contingent fee case.

(12) Website Posting regarding Contingency Fee Contracts. Within five business days after entering into a contingent fee contract, the Attorney General shall post on the Attorney General's website:

(a) the contingent fee contract;

(b) the written determination under Subsection R105-1-10[ ](8) relating to that contingent fee; and

(c) if applicable, any written determination made under [Rule]Subsection R105-1-5(1)(d) relating to that contingent fee contract.

(d) The Attorney General shall keep the contingent fee contract and written determination posted on the Attorney General's website throughout the term of the contingent fee contract.

(13) Contingency Fee Contract Records. The outside counsel that enters into a contingent fee contract with the Attorney General shall:

(a) from the time the contingent fee contract is entered into until three years after the contract expires, maintain detailed records relating to the legal services provided by outside counsel under the contingent fee contract, including documentation of all expenses, disbursements, charges, credits, underlying receipts and invoices, and other financial records that relate to the legal services provided by outside counsel; and

(b) maintain detailed contemporaneous time records for the outside counsel's attorneys and paralegals working on the contingent fee case and promptly provide the records to the Attorney General upon request.

(14) Exemption regarding Contingency Fee Contracts. [Rule]Subsections R105-1-10(8) through (13) as well as [Rule]Subsection R105-1-

11(3) do not apply to:

(a) to a contingent fee contract in existence before May 12, 2015, or to any renewal or modification of a contingent fee contract in existence before that date;

(b) to a contingent fee contract with outside counsel that the Attorney General hires to collect a debt that the Attorney General is authorized by law to collect; and

(c) with respect to a contingent fee contract with outside counsel in a securities class action in which the state is appointed as lead plaintiff under Section 27(a)(3)(B)(i) of the Securities Act of 1933 or Section 21D(a)(3)(B)(i) of the Securities Exchange Act of 1934 or in which any state is a class representative, or in any other action in which the state is participating with one or more other states:

(i) apply only with respect to the state's share of any judgment, settlement amount, or common fund; and

(ii) do not apply to attorney fees awarded to outside counsel for representing other members of a class certified under Rule 23 of the Federal Rules of Civil Procedure or applicable state class action procedural rules.

(15) Notwithstanding any other provision of this [Rule]Section R105-1-10, the solicitation for outside counsel may provide a lower fee

limitation [and/]or provide for weights and scoring of the proposed fees in accordance with the Utah Procurement Code, which will allow for a

competitive process and may provide for fees below the limitations set forth in this r[R]ule.

R105-1-[11]12. Transparency in Contingency Fee Contracts with Outside Counsel.

(1) Except as otherwise provided by GRAMA, applicable law, Rules of Professional Conduct or this r[R]ule, a copy of the executed

contract with outside counsel shall be made available for public inspection in accordance with GRAMA.

(2) Any payment by the Attorney General under a contingency fee contract shall be made available for public inspection in accordance with GRAMA.

(3) After June 30 but on or before September 1 of each year, the Attorney General shall submit a written report to the president of the Senate and the S[s]peaker of the House of Representatives describing the Attorney General's use of contingent fee contracts with outside counsel

during the fiscal year that ends the immediately preceding June 30.

(a) A report under Subsection[Rule] R105-1-11(3) shall identify:

(i) each contingent fee contract the Attorney General entered into during the fiscal year that ends the immediately preceding June 30; and

(ii) each contingent fee contract the Attorney General entered into during any earlier fiscal year if the contract remained in effect for any part of the fiscal year that ends the immediately preceding June 30.

(iii) state the name of the outside counsel that is a party to the contingent fee contract, including the name of the outside counsel's law firm if the outside counsel is an individual;

(iv) describe the nature of the legal matter that is the subject of the contingent fee contract, unless describing the nature of the legal matter would violate an ethical responsibility of the Attorney General or a privilege held by the state;

(v) identify the state agency which the outside counsel was engaged to represent or counsel;

(vi) state the total amount of attorney fees approved by the Attorney General for payment to an outside counsel for legal services under a contingent fee contract during the fiscal year that ends the immediately preceding June 30; and

(vii) be accompanied by each written determination under Subsection R105-1-10(8) and [Rule]Subsection R105-1-5(1)(d) made during the

fiscal year that ends the immediately preceding June 30.

R105-1-[12]13. Contracts.

Those awarded a contract under this r[R]ule shall be required to enter into a written contract with the Attorney General. The written

contract shall contain all material terms set forth in:

(1) The final procurement documents issued by the Utah Attorney General;

(2) The provisions in documents submitted by the provider to the extent such provisions are accepted by the Attorney General;

(3) A termination for cause and a termination for convenience clause; and

(4) Any terms required by law, whether by the constitutions, statutes, or rules or regulations of the United States or the State of Utah.

(5) Nothing in this r[R]ule regarding [contingency ]Contingency [fee ]Fee [contracts]Contracts may be construed to expand the authority

of a state department, division, or other agency to enter into a contract if that authority does not otherwise exist.

R105-1-[13]14. Retention and Non-availability of Files.

(1) All proposals submitted to the Attorney General under this rule become the property of the [State of Utah]state and the [o]Office of the

Attorney General.

(2) All information in all proposals shall be placed in a file relating to the project for which the proposal was submitted. Each file shall contain:

(a) If applicable, a copy of all written determinations of the Attorney General required by the Utah Procurement Code or this [Rule]rule;

(b) A copy of the procurement documents and any written documentation related to notification requirements; and

(c) All responses to procurements and modifications, in writing, to any procurement if those modifications have been negotiated by the Attorney General.

(d) All records shall be maintained or disposed of in accordance with Part 20 of the Utah Procurement Code.

KEY: Attorney General, litigation support, outside counsel, expert witnesses

Date of Last Change: [January 20, 2017]2026

Notice of Continuation: August 4, 2022

Authorizing, and Implemented or Interpreted Law: Art VII Sec 16; 67-5; 63G-6

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