1. (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.

2. (b) The Request for Qualifications for Outside Counsel publication must contain:

   1. (1) a description of the legal services that the Outside Counsel will provide;
   2. (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. (3) the closing date for the receipt of qualifications;
   4. (4) the procedure by which the Agency will make a selection of Outside Counsel;
   5. (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. (6) any other information the Agency deems necessary.

3. (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. (1) on the basis of demonstrated competence and qualifications to perform the legal services; and
   2. (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.

Source Note:The provisions of this §57.4 adopted to be effective March 27, 2012, 37 TexReg 2065.