Utah Admin. Code R926-16-3 - Unsolicited Proposal Requirements

(1) The Department is not required to accept, review, or evaluate an unsolicited proposal.

(2) If the unsolicited proposal is related to construction of a highway facility over sovereign lakebed lands, it will be subject to the requirements outlined in Section 72-6-303 and administrative Rule R940-5 Approval of Highway Facilities on Sovereign Lands.

(3) Should the Department accept delivery of an unsolicited proposal it will provide an acknowledgement of receipt to the Submitter, but is not obligated to consider, evaluate, or advance an unsolicited proposal.

(4) The Department is not required to accept, review, or evaluate an unsolicited proposal that directly competes with or substantially impacts an ongoing project such as an active environmental study or active construction project.

(5) The Department is not required to accept, review, or evaluate an unsolicited proposal that appears to circumvent existing Department processes used to prioritize projects.

(6) TIPPPs must submit Unsolicited Proposals to the Department using the system the Department has established to accept solicited proposals. An unsolicited proposal submittal must, at a minimum, include:

(a) a statement establishing the period during which the unsolicited proposal will remain valid, which may be not less than 12 months following initial delivery. A renewal statement may be required as determined solely by the Department;

(b) information required for unsolicited proposals set forth in Section 63G-6a-712;

(c) a map indicating the location of the proposed facility, when applicable;

(d) a description of the organizations representing the Submitter and the organizations who would develop, finance, construct, operate and maintain the facility;

(e) a description of the Submitter's plan to develop, finance, construct, operate, maintain, or any combination of these elements, including identifying any revenue needed to support the project and proposed debt or equity investment proposed by the Submitter;

(f) a description of how the unsolicited proposal is consistent with the goals of the Department and addresses a demonstrated need for the state;

(g) an estimate of the amount of funding, if any, the State must invest;

(h) a list of the major permits and approvals required by state and local governments, and federal agencies to develop or operate a project or facility resulting from an unsolicited proposal along with a projected schedule for obtaining the permits and approvals;

(i) a statement acknowledging that the Department has no obligation to advance or compensate a Submitter for any environmental studies needed, including the National Environmental Policy Act (N E PA), and other work associated with an unsolicited proposal;

(j) a description of the types of public utility facility, if any, that may be impacted by a project originating from the unsolicited proposal and a statement of the plans to accommodate the impact;

(k) identification of any elements of an unsolicited proposal or associated documentation that the Submitter claims as trade secrets or confidential information that meet the requirements of Subsection 63G-2-309(1)(a)(i), together with justification of the same and a properly completed Claim of Business Confidentiality as described by Section 63G-2-309; and

(l) any additional information the Department determines is necessary to evaluate an unsolicited proposal. The Department will notify the Submitter of any such additional information needed.

Notes

Utah Admin. Code R926-16-3

Adopted by Utah State Bulletin Number 2019-11, effective 5/8/2019 Amended by Utah State Bulletin Number 2022-20, effective 10/10/2022