State of Utah

Bid AG-820-1003-001

Solicitation AG-820-1003-001 Request for Information - BCS Investigation/Litigation

State of Utah

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State of Utah

Bid AG-820-1003-001

Bid AG-820-1003-001 Request for Information - BCS Investigation/Litigation

Bid Number Bid Title Bid Start Date Bid End Date Question & Answer End Date Bid Contact AG-820-1003-001 Request for Information - BCS Investigation/Litigation Jun 28, 2011 3:48:54 PM MDT Aug 8, 2011 5:00:00 PM MDT Jul 19, 2011 5:00:00 PM MDT

Mark R Parry Purchasing Agent DAS-Purchasing and General Services

Contract Duration Contract Renewal Prices Good for Bid Comments

See Specifications Not Applicable Not Applicable This is a Request for Information (RFI)only. It is not a request for quotes, bids or proposals. NO contract will be awarded as a result of this RFI. Please see the attached RFI documents for more information. No contact shall be made with any State employee or official in regard to this RFI or any other aspect of the BCS Investigation/Litigation. All questions regarding this RFI must be submitted through Bid Sync. All answers to questions will be posted on Bid Sync and will be considered addenda to the RFI. All addenda to the RFI will be posted on Bid Sync. Information submitted will be considered by the State of Utah. If the State determines that the information received provides for a viable option, a subsequent solicitation will be issued. Please upload all completed documents and any additional information you wish to provide. The deadline for submitting any questions regarding this RFI is July 19, 2011, at 5:00 P.M., Mountain Daylight Time. The deadline for the OAG to issue addenda to this RFI is July 28, 2011, at 5:00 P.M., Mountain Daylight Time. Therefore, please check back with Bid Sync at that time. The deadline for response to this RFI is August 8, 2011 , at 5:00 P.M. Mountain Daylight Time.

Item Response Form

Item Quantity

AG-820-1003-001--01-01 - Request for Information - AG-820-1003-001 BCS Investigation/Litigation 1 n/a

Prices are not requested for this item.

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State of Utah

Bid AG-820-1003-001

Delivery Location

State of Utah Utah Attorney General- Commercial Enforcement Division 160 East 300 South PO Box 140872 Salt Lake City UT 84114-0872 Qty 1

Description This is a Request for Information only. The OAG is seeking information from Legal Teams preliminary to undertaking a process to select a Legal Team to pursue an investigation and possible litigation to determine the legality of the Bowl Championship Series system for College FBS post season football under federal and Utah state antitrust or other applicable law and to obtain appropriate relief. This RFI will not result in a contract award. Information obtained in response to this RFI may or may not be used in a future Request for Qualifications and/or Request for Proposals.

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State of Utah

Bid AG-820-1003-001

State of Utah Office of the Attorney General Request for Information

Legal Company Name (include d/b/a if applicable)

Company Address

City

State

Zip Code

Company Contact Person Telephone Number (include area code) Fax Number (include area code)

Companys Internet Web Address

Email Address

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State of Utah

Bid AG-820-1003-001

AG-820-1003-001 REQUEST FOR INFORMATION (RFI) I. A. 1. INSTRUCTIONS AND GENERAL PROVISIONS

DEFINITIONS: "BCS Investigation/Litigation" means the investigation and possible litigation regarding the Bowl Championship Series system for post season football for the NCAA College Football Bowl Subdivision conferences and teams. GRAMA means the Utah Government Records Access and Management Act, Utah Code Ann. Title 63G, Chapter 2 (West 2004 & Supp. 2010). Legal Team(s) means lawyers/law firms or groups of affiliated law firms who are not employed by the OAG. OAG means the Office of the Utah Attorney General. State means the State of Utah. ISSUING OFFICE AND RFI REFERENCE NUMBER: The OAG is the issuing office for this RFI and all subsequent addenda relating to it. The reference number for this RFI is AG-820-1003-001. This number must be referred to on all correspondence and documentation relating to the RFI. PURPOSE OF THIS RFI: The OAG is seeking information from Legal Teams preliminary to undertaking a process to select a Legal Team to pursue an investigation and possible litigation to determine the legality of the Bowl Championship Series system for College FBS post season football under federal and Utah state antitrust or other applicable law and to obtain appropriate relief. This RFI will not result in a contract award. Information obtained in response to this RFI may or may not be used in a future Request for Qualifications and/or Request for Proposals. SUBMITTING THE RESPONSE: (a) The OAG prefers that requested information be submitted electronically. Electronic responses may be submitted through a secure mailbox at Bid Sync (formerly RFP Depot, LLC) (www.bidsync.com) until the date and time indicated in this document. It is the sole responsibility of each Legal Team to ensure that its response reaches Bid Sync before the closing date and time. There is no cost to the Legal Team to submit electronic responses to this RFI via Bid Sync. (b) Electronic responses may require the uploading of electronic attachments. The submission of attachments containing embedded documents is prohibited. All documents should be attached as separate files. (c) If the Legal Team chooses to submit the

2. 3. 4. 5. B.

C.

D.

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State of Utah

Bid AG-820-1003-001

response directly to the OAG in writing, the response must be delivered to the Office of the Utah Attorney General, Commercial Enforcement Division, 160 East 300 South, Fifth Floor, PO Box 140872, Salt Lake City, UT 84114-0872 or faxed to (801) 366-0315 by the due date and time. The RFI reference number and due date must appear on the outside of the envelope or on the fax cover page. Responses received after the due date may or may not be considered for review. (d) The OAG will consider faxed responses. Faxed responses are submitted at the sole option and risk of the Legal Team . Access to the OAG fax machine is on a "first come first served" basis and the OAG does not guarantee the Legal Teams access to the machine at any particular time. E. F. RESPONSE PREPARATION COSTS: Response preparation costs are the sole responsibility of the Legal Team. QUESTIONS; ADDENDA TO RFI: All questions regarding this RFI must be submitted through Bid Sync. All answers to questions will be posted on Bid Sync and will be considered addenda to the RFI. All addenda to the RFI will be posted on Bid Sync. No contact shall be made with any State employee or official in regard to this RFI or any other aspect of the BCS Investigation/Litigation. CONFIDENTIALITY: All submissions pursuant to this RFI become the property of the OAG and are generally subject to GRAMA. GRAMA provides that if a person submits trade secrets, commercial information, or nonindividual financial information to a governmental entity, the person may request that the information be classified as a protected record. A person making such a request must submit to the governmental entity a written claim of business confidentiality, which must contain the information required by Utah Code Ann. 63G-2-305(1) and (2) and 63G-2-309 (the Required Information). A Claim of Business Confidentiality Form is attached hereto as Attachment "A." To request that any portion of a submission be classified as a protected record, use Attachment A or its equivalent and provide a detailed explanation. If the Legal Team chooses to use an equivalent document, do so on a separate page and indicate conspicuously that the Legal Team is using that document to claim confidentiality. Clearly identify the specific information for which the protected classification is requested. Failure to provide the Required Information risks having the entire submission be considered a public record. An entire submission may not be protected under a claim of business confidentiality. Cost information, including any proposed fee or cost arrangement, will be public. See GRAMA for additional information about Utah's government records laws.

G. 1. 2.

3.

4. 5.

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State of Utah

Bid AG-820-1003-001

H.

GOVERNING LAWS AND REGULATIONS: The retention of outside counsel by the OAG is governed by Title 67, Ch. 5, Utah Code; the Utah Procurement Code, Title 63G, Ch. 6, Utah Code; Utah Admin. Code R. 105-1-1 et seq. (2011); and other applicable law. Submissions made pursuant to this RFI are also generally subject to GRAMA. (Note that some of the provisions of Utah Admin. Code R. 105-1-1 et seq., including but not limited to R105-1-2.E, R105-16.B.13, and R105-1-14, address the confidentiality of information found in OAG files relating to the procurement of the services of outside counsel. To the extent those provisions conflict with GRAMA, they are superseded by GRAMA.) RFI DEADLINES: The deadline for submitting any questions regarding this RFI is July 19, 2011, at 5:00 P.M., Mountain Daylight Time. Questions must be submitted through Bid Sync. No contact shall be made with any State employee or official in regard to this RFI or any other aspect of the BCS Investigation/Litigation. The deadline for the OAG to issue addenda to this RFI is July 28, 2011, at 5:00 P.M., Mountain Daylight Time. Therefore, please check back with Bid Sync at that time. The deadline for response to this RFI is August 8, 2011 , at 5:00 P.M. Mountain Daylight Time. SUBSEQUENT SOLICITATION(S): The OAG anticipates issuing solicitation(s) regarding this matter soon after the RFI responses are analyzed. RESPONSE TO THIS RFI NOT MANDATORY: Failure to respond to this RFI in whole or in part will not disqualify any Legal Team from participating in any subsequent solicitation by the OAG regarding this matter.

I. 1. 2.

3.

4. J.

K.

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State of Utah

Bid AG-820-1003-001

AG-820-1003-001 II. INFORMATION SOUGHT BY THIS RFI:

Please respond to the following questions: 1. Do you expect that you would respond to a solicitation for a Legal Team to pursue an investigation and possible litigation to determine the legality of the Bowl Championship Series system for College FBS post season football under federal and Utah state antitrust or other applicable law and to obtain appropriate relief? Yes o 2. 3. 4. No o

Describe your qualifications and experience in antitrust investigation and litigation. Describe your experience in investigating and litigating matters that are similar or analogous to the BCS Investigation/Litigation. Has your Legal Team already undertaken any analysis regarding the BCS system and its compliance with federal and/or state antitrust or other applicable laws? If so: describe generally the scope and extent of such analysis; and give the citations to any published articles or other materials that lawyers associated with your Legal Team have written that relate to this matter. Estimate the likelihood that your Legal Team would seriously consider each of the following fee arrangements, based upon your current understanding of the facts. Evaluate each fee arrangement as either very likely, likely, not likely, or would not consider. Provide an explanation, with whatever level of detail or range of fees your Legal Team believes is appropriate at this time: Pro Bono. very likely o likely o not likely o would not consider o

a. b. 5.

a.

b.

Contingency fee, with your Legal Team covering all of the costs and expenses. very likely o likely o not likely o would not consider o

c.

Contingency fee, with the plaintiff(s) reimbursing part or all of the costs and expenses. very likely o likely o not likely o would not consider o

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State of Utah

Bid AG-820-1003-001

d.

Fixed fee, including a fee that may be based upon the phase at which the litigation is concluded. very likely o likely o not likely o would not consider o

e.

Hourly rate fee. very likely o likely o not likely o would not consider o

f.

Some combination of hourly rate fee, fixed fee, and/or contingency fee. very likely o likely o not likely o would not consider o

6.

Provide any other information that your Legal Team believes would be useful for the OAGs consideration.

PLEASE ATTACH ADDITIONAL SHEETS IF YOU HAVE FURTHER RESPONSES.

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State of Utah

Bid AG-820-1003-001

AG-820-1003-001 ATTACHMENT A CLAIM OF BUSINESS CONFIDENTIALITY FORM

Pursuant to Utah Code Ann. Subsections 63G-2-305(1) and (2), and in accordance with Utah Code Ann. Section 63G-2-309, the undersigned asserts a claim of business confidentiality to protect the following information submitted in response to the Request for Information identified as Utah Attorney General No. AG-820-1003001. This claim is asserted because this information requires protection as it includes: o o Trade secrets as defined in Utah Code Ann. 13-24-2 and referenced in Utah Code Ann. 63G-2-305(1). Commercial information or nonindividual financial information as defined in Utah Code Ann. 63G-2-305(2)

This statement of reasons supporting the claim of business confidentiality applies to the following information in this response: Page Paragraph Reason

Please use additional sheets if needed. Signed: ___________________________ ___________________________ Printed Name and Title Date: ______________________

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State of Utah

Bid AG-820-1003-001

Question and Answers for Bid #AG-820-1003-001 - Request for Information - BCS Investigation/Litigation

OVERALL BID QUESTIONS There are no questions associated with this bid. If you would like to submit a question, please click on the "Create New Question" button below.

Question Deadline: Jul 19, 2011 5:00:00 PM MDT

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