| (a) An Agency seeking to obtain legal services from
Outside Counsel must publish a Request for Qualifications for Outside
Counsel in the Texas State Business Daily for thirty (30) days.
(b) The Request for Qualifications for Outside Counsel
publication must contain:
(1) a description of the legal services that the Outside
Counsel will provide;
(2) the name and contact information for an Agency
employee who should be contacted by an attorney or law firm that intends
to submit their qualifications;
(3) the closing date for the receipt of qualifications;
(4) the procedure by which the Agency will make a selection
of Outside Counsel;
(5) notice that the selection of and contracting with,
Outside Counsel is subject to the approval of the Office of the Attorney
General; and
(6) any other information the Agency deems necessary.
(c) After the closing date for the receipt of qualifications,
the Agency may select an Outside Counsel. The Agency may only select
an Outside Counsel that complied with the Request for Qualifications
for Outside Counsel. The Agency shall make the selection of Outside
Counsel:
(1) on the basis of demonstrated competence and qualifications
to perform the legal services; and
(2) for a fair and reasonable price, which includes,
but is not limited to, the hourly rates or fixed fee basis or fee
schedule and expenses for legal services.
(d) Conflict of Interest.
(1) After selecting the Outside Counsel, the Agency
shall require the law firm to submit a written disclosure statement
identifying every matter in which the firm represents, or has represented,
within the past calendar year, any entity or individual in any litigation
matter in which the entity or individual is directly adverse to the
State of Texas or any of its boards, agencies, commissions, universities,
or elected or appointed state agency officials in connection with
their official job duties and responsibilities. "Litigation" means
the matter has been filed in the public record in either state or
federal court.
(2) If a disclosure statement is submitted, it must
include a short description of the nature of the matter and the relief
requested or obtained in each matter and any identifying cause or
case number.
(e) The Agency shall determine given the disclosure
statement whether to continue with its choice of Outside Counsel.
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