Salem, Oregon

Posted Date

June 7, 2024

Contact Information

Gennifer Brown
DOJ.recruitment@doj.oregon.gov

The Oregon Department of Justice is requesting information from experienced law firms on their ability to provide overflow litigation services as Special Assistant Attorneys General in selected cases, in defense of the State of Oregon and its officers and employees. DOJ is looking for firms that can provide high-quality services at competitive rates and will use this information to develop lists of firms, in accordance with Oregon Administrative Rule (“OAR”) 137-009-0147, with expertise in designated practice areas noted in the Scope of Services section of this Request for Information (“RFI”).

The firms selected through this process will be considered as potential outside counsel to take on the defense of the State, or state agencies, officers, and employees. In those services, a firm would lead the defense of some number of assigned cases, under the supervision of the Oregon DOJ. Such services would be sought and contracted for in situations in which the existing volume of cases exceeds the reasonable capacity of the Oregon DOJ’s internal resources, in accordance with OAR 137-009-0155.

Firms selected pursuant to this RFI shall serve at the pleasure of the Attorney General. The professional services may be terminated, at the discretion of the Attorney General and in accordance with the terms of the contract, upon delivery to the firm of written notice of termination.

At the time a firm is engaged to perform litigation services, the appointed Special Assistant Attorneys General at the firm must not be actively engaged in—nor may they profit from—any other litigation on behalf of clients who are seeking damages against the State of Oregon. At the time any firm is under consideration, it must certify that it does not have any ethical conflict preventing it from representing the State (or a limited number of state agencies, depending on the engagement) or reach an agreement with the State as to a waiver of any such potential conflict. The firm will be expected to execute DOJ’s form of Professional Services Agreement, a sample of which is attached. Apart from the statement of work and compensation, the Agreement terms are generally not negotiable.

 

June 3, 2024
Page 2

Disclosure of Responses

Responses to this RFI will be held in confidence and will not be revealed or discussed with competitors except as provided in the Oregon Public Records Law, ORS 192.311-478 (“Public Records Law”). If a response contains information that the firm does not want disclosed to the public or used by the State for any purpose other than evaluation of the response, each page containing such information must be marked with the following legend:

Confidential. Subject to the Oregon Public Records Law, this information should not be duplicated, used, or disclosed in whole or in part for any purpose

other than to evaluate the response. This page contains trade secrets and information proprietary to the Respondent that would have value to the Respondent’s competitors.

Notwithstanding the foregoing legend, any documents provided are public records that are subject to the Oregon Public Records Law. Under the Public Records Law, only bona fide trade secrets and certain other information are exempt from disclosure, and an exemption may not apply if the public interest requires disclosure. See ORS 192.311 to 192.478. Therefore, nondisclosure of responses or any portion of a response may depend upon official or judicial determinations made under the Public Records Law.

If a firm responds to this RFI, the State shall have the right to duplicate, use, or disclose Respondent’s information to the extent provided in the contract. The State may use information contained in this response if obtained from another source.

  1. Scope of Services

DOJ seeks information about the firm’s capacity and experience in the following six practice areas: 1) employment litigation; 2) environmental litigation; 3) general torts and insurance defense, especially as against public entities; 4) litigation under the Oregon Administrative Procedures Act; 5) Section 1983 civil rights litigation; and 6) contract dispute litigation. DOJ will use the responses to this RFI to compile a list of the most experienced firms providing legal services in each of the practice areas.

  1. RFI Submission Deadline

Please send responses to the Department of Justice, Attention: Sheila Potter, Chief Trial Counsel, 100 SW Market Street, Portland, Oregon 97201, for delivery no later than 5:00 pm PDT on June 18th, 2024, at which time no further responses will be accepted. Responses may also be submitted by e-mail, to: Sheila.Potter@doj.state.or.us. Clarifications and questions may be sent by email to the same address.

 

June 3, 2024
Page 3

  1. Required Information to be Submitted

Respondents may choose to provide information relating to all or a portion of the services the State requires. Submissions should include the following:

  • Provide an overall description of your firm, including its organizational structure, the major areas of practice, the total number of lawyers in Oregon and nationally, its legal structure, its ownership, and its financial condition. Identify whether your firm, or any attorney intended to provide services to the State, has ever been disciplined or censured by any regulatory body. If so, provide the principal facts.
  • List with specificity the practice area(s) for which your firm desires to provide defense services. What are your strengths and qualifications for providing services in those practice areas?
  • Identify the personnel who would be assigned to provide services to the State, and describe their roles within your firm, as well as their experience and areas of expertise. (Résumés and firm brochures may be included separately in an appendix). Discuss the experience, qualifications and any specialized expertise of key individuals who would be assigned to the State.
  • Provide a proposed costs for the services the firm will provide. This should include the following:
  • The hourly rates for all attorneys proposed for the services, together with rates for paraprofessionals and other billed staff;
  • Proposed policies on and costs for reimbursement of expenses, including photocopy, fax, long-distance calls and mobile devices, courier, travel, postage, and legal research; and
  • A discussion of the value that the firm brings in relation the Lowest Overall Cost.
  • Identify any litigation that your firm is currently maintaining against the State, or any of its agencies, commissions, officers, or employees; and identify any cases that your firm has resolved against the State, or any of its agencies, commissions, officers, or employees, in the last five years. Include in this information the name of the lawyer(s) representing the State in those actions.
  • Identify if your firm is minority-, women-, or veteran-owned.
  • List 3 public entities or other references for which your firm has performed similar work. If 3 references are not available, please provide a description why that information is not available. Please list the references in the following format:
  1. Name of public entity/agency or other client:
  2. Contact at public entity/agency or other client contact:
  3. Contact email address:
  4. Contact telephone number:
  5. Work performed for client.

 

June 3, 2024
Page 4

  1. Evaluation Process

Responses will be evaluated based on the content of the responses and compliance with the requirements of this RFI, as well as on follow-up inquiries and the Oregon DOJ’s own assessments of the firm’s capacities. The evaluation process will consist of review of the written responses and may include virtual or in-person meetings. The State will be the sole judge of the merits of the responses. This RFI does not commit the State to award a contract or to pay any costs incurred in the preparation of a response to this request. All Respondents understand and agree that DOJ has no financial obligation to any Respondent. Any firm responding to this RFI chooses to do so at its expense.

The Oregon DOJ looks forward to reviewing your responses.

 

Sincerely,

LISA M. UDLAND

Deputy Attorney General