(1) Applicability. If the Department decides
to procure a Public-Private Partnership, it will solicit participation through
a procurement process in accordance with the requirements of these Rules. Such
procurement process may involve, without limitations, Request for
Qualifications, listing of the most qualified Proposers, Request for Proposals,
discussions, interviews, one-on-one meetings, requests for additional
information or clarifications, written questions and responses, negotiations,
and/or best and final offers.
Request for Qualifications.
(a) General. As
part of a solicitation for a Public-Private Partnership, the Department may, in
its sole discretion, issue a Request for Qualifications. A Request for
Qualifications for a Public-Private Partnership will set forth the basic
criteria for professional experience, competence, and capability to undertake
and perform a proposed Public-Private Partnership, and such other information
as the Department considers relevant or necessary in the Request for
Qualification. At its sole discretion, the Department may elect to furnish
conceptual designs, fundamental details, technical studies and reports or
detailed plans of the proposed project in the Request for Qualifications. The
Request for Qualifications may request one or more conceptual approaches to
bring the Public-Private Partnership to fruition.
(b) Notice. If the Department initiates a
solicitation by issuing a Request for Qualifications, as applicable, the
Department shall, at least thirty (30) days prior to the date for receipt of
responses to such request, post the legal notice for said request on the
Department of Administrative Services website or in substantially the same
manner utilized by the Department to solicit Requests for Qualifications, as
(c) Evaluation. The
Department, after evaluating the qualification submittals received in response
to a Request for Qualifications, will identify and approve a list of qualified
Proposers that is composed of those Proposers that are considered most
qualified to respond to a Request for Proposals for a proposed Public-Private
Partnership. The list will comprise of at least two (2) qualified Proposers,
but no more than five (5) qualified Proposers. Notwithstanding the foregoing,
the Department has the right to cancel or suspend the solicitation at any time.
In evaluating the qualification submittals, the Department will consider such
qualities that the Department considers relevant to the Public-Private
Partnership, which may include the Proposer's financial condition, stated
capacity and willingness to assume responsibility and risk, management
stability, technical capability, experience, staffing, and organizational
structure. The Request for Qualifications shall include the criteria used to
evaluate the qualification submittals and the relative weight given to the
criteria. The Department shall notify each Proposer providing a qualification
submittal whether it is on the list of most qualified Proposers.
Request for Proposals.
General. The Department may issue a
Request for Proposals by providing notice pursuant to subsection (c)(2) or
(c)(3) of this Rule 672-17-.04. A Request for Proposals shall indicate the
general scope of the Public-Private Partnership, the proposed financial
participation of the Department and the Proposer in the Public-Private
Partnership, and other factors that will be used in evaluating the Proposal
including the submission of detailed documentation regarding the Public-Private
Partnership or unique capabilities or qualifications that will be required by
the Proposer. The Request for Proposals may require the submission of
additional information relating to:
Proposer's qualifications and demonstrated technical and financial
2. the Proposer's
technical proposal for and approach to implementing the Public-Private
Partnership, including all assumptions;
3. the Proposer's schedule for implementing
the Public-Private Partnership;
the Proposer's financial and/or price proposal for and approach to implementing
the Public-Private Partnership;
a detailed estimate with all material quantities and price assumptions used to
form the basis of the Proposal;
factors used in evaluating the Proposal;
7. any other information the Department
considers relevant or necessary.
(b) Notice of Request for Proposals without
Request for Qualifications. If the Department initiates a solicitation by
issuing a Request for Proposals and has not established a list of most
qualified Proposers using a Request for Qualifications, the Department shall,
at least ninety (90) days prior to the date for receipt of Proposals in
response to such request, post the legal notice for said request on the
Department of Administrative Services website or in substantially the same
manner utilized by the Department to solicit requests for proposals.
(c) Notice of Request for Proposals following
Request for Qualifications. If the Department has issued a Request for
Qualifications and has a list of at least two most qualified Proposers in
response to the Request for Qualifications, the Department may notify and issue
a Request for Proposals to such qualified Proposers. The Department may, in its
sole discretion, issue a draft Request for Proposals to such qualified
Proposers for review and comment prior to issuing the final Request for
Payment for work
product. The Request for Proposals may stipulate an amount of money that the
Department will pay to an unsuccessful Proposer that submits a Proposal that is
responsive to the requirements of the Request for Proposals. The Request for
Proposals may also stipulate an amount of money that the Department may pay to
Proposers in the event that the Department cancels the procurement before the
receipt of Proposals. The Request for Proposals shall specify the criteria and
conditions under which such payments will be made. In determining the amount of
payment, if any, for work product, the Department shall consider:
1. the effect of a payment on the
Department's ability to attract quality Proposers and meaningful Proposals and
to generate competition;
work product expected to be included in the Proposal and the anticipated value
of that work product;
complexity of the Public-Private Partnership; and
4. the costs anticipated to be incurred by a
Proposer in preparing a Proposal.
(e) Discussions and negotiations. Based on
the evaluation factors as set forth in the Request for Proposals, the
Department shall rank all Proposals that are complete, in conformance with, and
responsive to the Request for Proposals, and shall select in order of
preference two or more of the Proposers whose qualifications and proposed
services are deemed most meritorious for negotiations. Such negotiations may
include, but are not limited to, one-on-one meetings, and requests for Proposal
revisions and/or best and final offers. Notwithstanding the foregoing, the
Department reserves the right in its sole discretion to engage in individual
discussions with, to negotiate with, and/or award a contract to only one
Proposer when it is clearly more qualified and suitable than the other
Proposers or when the Department receives only one responsive
(f) Best value selection
and award. Pursuant to the Guidelines, the Department shall submit a
recommendation to the Board regarding approval of the Proposal determined to
provide the apparent best value to the State of Georgia upon contract terms
that are the most satisfactory and advantageous to the State of Georgia. Before
making such selection, the Department shall consult with participating local
governing authorities. The Board may approve or disapprove the recommendation,
and if approved, the award will be subject to the successful completion of
negotiations, any necessary federal action, execution by the Commissioner of
the appropriate agreement(s), and satisfaction of such other conditions that
are identified in the Request for Proposals. Upon award of a contract for a
Public-Private Partnership, the Department will notify the Proposers in writing
of the Department's rankings, and shall also make the rankings available to the
Public comment on
Proposals. The Department shall provide opportunity for written public comment
with respect to the Proposal(s) responsive to a Request for Proposals at least
ten (10) days after receipt of the Proposal(s) by posting an executive summary
of the Proposal(s) on the Department of Administrative Services website or in
substantially the same manner utilized by the Department to solicit requests
for proposals for public written comment for a minimum of thirty (30) days.
Further, the Department shall hold at least one public hearing prior to the
expiration of the period for receipt of written public comments, which shall be
held in each county where the Project, or portion thereof, is located. All
public hearings required to be held pursuant to applicable law will be directed
and overseen by the Department, with participation by such other entities as it
deems appropriate. Notwithstanding the foregoing, information in a Proposal
that is proprietary or confidential shall not be disclosed to the public
pursuant to subsection (1)(b) of Rule
(h) Approval of contract. Prior to the
execution of any contract(s) between the Department and the apparent best value
Proposer, the Board shall approve the contract(s) recommended by the
contract. The contract for a Public-Private Partnership shall identify the
rights and obligations of the Department and the Private Partner with respect
to the Project. By way of example only, a contract for a Public-Private
Partnership may include, but is not limited to, the following:
(a) Provisions authorizing the Private
Partner to impose, collect and enforce user fees, tolls, fares, rents, tax
increments or similar charges and fees;
(b) Provisions allowing the Department to
accept payments of money from the Private Partner and to divide revenues with
the Private Partner;
addressing how the development costs and the Project risks will be
establishing performance criteria and/or incentives;
(e) Provisions addressing the acquisition and
ownership of rights-of-way, real estate, capital improvements and other
property interests that may be required;
(f) Provisions addressing responsibility for
reconstruction or renovations that is required in order for the Project to meet
applicable government standards at the end of the term of the
(g) Provisions providing
for security, patrolling and law enforcement on, in or for the
(h) Provisions identifying
any technical specifications that must be satisfied, and a process whereby the
Private Partner may request and receive authorization to deviate from such
specifications on making a showing satisfactory to the Department;
(i) Provisions addressing how public funds
may be contributed toward the Public-Private Partnership and the basis of such
contribution, including the use of state and federal loan programs, and grant
and credit programs;
regarding the Private Partner's compensation, including but not limited to,
provisions regarding the use of availability payments, retention of fees,
tolls, fares, rents or similar charges and fees, and generation and use of
specifying the conditions under which the Private Partner is entitled to
compensation for lost revenues or other demonstrable damages resulting from the
construction of a competing facility by the Department;
(l) Provisions specifying events of default
and remedies available to the Private Partner and the Department, including
compensation that may be payable to the Department or Private Partner in
connection with termination of the Public-Private Partnership;
(m) Provisions allowing for the resolution of
disputes through non-binding dispute resolution and the procedures to commence
such non-binding dispute resolution; and
Provisions regarding the maintenance and
auditing of the Private Partner's work product, books and records.
Notwithstanding the foregoing, the terms of a contract for a
Public-Private Partnership shall not convey rights or obligations to the
Department or Private Partner that are prohibited by, contrary to, or in
violation of applicable law.
Ga. Comp. R. & Regs.
Authority O.C.G.A. Secs.
Original Rule entitled
"Receipt of Unsolicited Proposals" adopted. F. Dec.
12, 2003; eff. Jan. 1, 2004.
Repealed: New Rule entitled "Receipt of Solicited,
Unsolicited, Competing or Comparable Proposals" adopted. F.
July 22, 2005; eff.
August 11, 2005.
Repealed: New Rule entitled "Solicitation Process"
adopted. F. Jan. 25, 2010; eff.
Feb. 14, 2010.
Repealed: New Rule of same title adopted. F.
Apr. 21, 2010; eff.
May 11, 2010.