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Requests for Proposal


With the purpose of increasing competition the deadline for proposals has been extended 1 week.


The Office of the Utah Attorney General is accepting qualification and fee proposals for outside counsel to assist with the case of Kitchen et al. v. Herbert et al., case number 13-4178 pending before the U.S. Court of Appeals for the 10th Circuit and potentially the U.S. Supreme Court.

Proposals are due by 5:00 p.m., Mountain Standard Time, on January 14, 2014.  Written proposals shall be submitted to Chief Civil Deputy Brian Tarbet by email to or by hand delivery to The Utah Attorney General’s Office, suite 230 in the Utah State Capitol, 350 North State Street, Salt Lake City, Utah.   The attorney(s) submitting is responsible for delivery to Brian Tarbet in the time allotted.

The Opening Brief at the 10th Circuit is due on January 27.

Utah Attorney General Sean Reyes will make the ultimate decision on the selection based on the proposal that is the most advantageous to the State.  The highest qualified attorney(s) that submits a reasonable cost proposal, as determined in the sole discretion of the Utah Attorney General, will be awarded the contract.

Proposals must include:

1.  A statement of qualifications describing the attorney’s appellate experience in the federal courts of appeal, particularly in the U.S. Court of Appeals for the 10th Circuit and U.S. Supreme Court, and expertise in federal constitutional law, preferably the Fourteenth Amendment to the U.S. Constitution and/or in a state’s right to define marriage.

2.  Proposals must include the following guaranteed maximum fee caps: a.  A fee cap for the appeal to the 10th Circuit Court of Appeals. b.  A separate fee cap if an appeal to the U.S Supreme Court is requested.

3.  A list of hourly rates for head counsel and any assistants, support staff and the like that are to be part of the billing.   The selected attorney(s) and staff will be paid the lesser of the hourly rates for work performed or the applicable fee cap.

4.  The selected attorney(s) will be under the oversight and control of the Attorney General.

5.  The selected attorney(s) will be required to execute a contract with the Attorney General.

6.  The contact may be terminated for convenience at the discretion of the Attorney General, with fees for work properly performed paid to the date of termination.  The contract may also be terminated for cause.

7.  A conflict of interest check must be performed.

This is a special procurement process under the emergency provision of the Utah Procurement Code and the administrative rule of the Utah Attorney General.  This is not a Request for Proposal process, but a modified process to meet the emergency conditions and intended to provide as much competition as possible under the circumstances.

If there are any questions, contact Chief Civil Deputy Brian Tarbet, Utah Attorney General’s Office.  No one else in Utah State Government is to be contacted.


Click here to submit proposal to Chief Civil Deputy Brian Tarbet