(b) Failure to make a good faith effort may be cause for nonrenewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the state for legal services. If a firm fails to provide the hours of pro bono legal services set forth in its certification, the following factors shall be considered in determining whether the firm made a good faith effort:

1. (1) The actual number of hours of pro bono legal services or the amount of financial contributions provided by the firm during the term of the contract.
2. (2) The firm’s efforts to obtain pro bono legal work from legal services programs, pro bono programs, and other relevant communities or groups.
3. (3) The firm’s history of providing pro bono legal services or financial contributions, or other activities of the firm that evidence a good faith effort to provide pro bono legal services or financial contributions, such as the adoption of a pro bono policy or the creation of a pro bono committee.
4. (4) The types of pro bono legal services provided, including the quantity and complexity of cases as well as the nature of the relief sought.
5. (5) The extent to which the failure to provide the hours of pro bono legal services or financial contributions set forth in the certification is the result of extenuating circumstances unforeseen at the time of the certification.

(d) As used in this section, “pro bono legal services” means the provision of legal services either:

1. (1) Without fee or expectation of fee to either:

   1. (A) Persons who are indigent or of limited means.
   2. (B) Charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the economic, health, and social needs of persons who are indigent or of limited means.
2. (2) At no fee or substantially reduced fee to groups or organizations seeking to secure or protect civil rights, civil liberties, or public rights.