The department shall draft and issue requests for proposals
at the direction or on behalf of the commission pursuant to WAC
468-600-102. When drafting
requests for proposals (RFP), the department must specify requirements for
proposal content, and may identify criteria and procedures under which
proposals will be evaluated and selected. If the commission approves the
projects and the RFP proposed for solicitation, the department shall issue the
RFP and publish notice as provided in WAC 468-600-106. The department may set
the deadline for responses as it sees fit to encourage full knowledge,
opportunity and competition among private entities. At a minimum, the request
for proposals for each transportation project must include the
following:
(1)
General
information.
(a) Notice of any
preproposal conference as follows:
(i) The
time, date and location of any preproposal conference;
(ii) Whether attendance at the conference
will be mandatory or voluntary; and
(iii) A disclaimer that statements made by
the department's representatives at the conference are not binding upon the
state unless confirmed by written addendum.
(b) The name and title of the person
authorized and designated by the department to receive the proposals and
contact person (if different).
(c)
Instructions and information concerning submission requirements including the
address of the office to which proposals must be delivered and any other
special information, e.g., whether proposals may be submitted by facsimile or
electronic data interchange (secured e-mail).
(d) The time and date of closing after which
the department will not accept proposals.
(e) The form and submission of proposals and
any information required therein.
(f) If the agreement resulting from a
solicitation will be a contract for a public work subject to
chapter
39.12 RCW or the
Davis-Bacon
Act (40 U.S.C. section
3141 to
3148), a statement that no
proposals will be considered by the
state unless the
proposal contains a
statement by the
proposer, as part of its
proposal, that
proposer agrees to be
bound by and will comply with the provisions of
chapter
39.12 RCW and 40 U.S.C. section
3141 to
3148.
(g)
Contractor's certification of nondiscrimination in obtaining required
subcontractors in accordance with state law.
(h) How the state will notify proposers of
addenda and how the state will make addenda available.
(2)
Project description. A
description of the eligible project for which the department is requesting
proposals for a public-private partnership in such detail as the department
considers appropriate or feasible under the circumstance.
(3)
Evaluation process. A
description of the process by which the proposals will be evaluated, including:
(a) A statement that the
commission and/or
department may reject any
proposal not in compliance with all prescribed
procedures and requirements and other applicable laws, and that the
state
reserves its rights under WAC
468-600-810;
(b) The anticipated solicitation schedule,
deadlines, protest process, and evaluation process, if any; and
(c) Evaluation criteria that the state will
use to select a proposal(s) from among those submitted in response to the
request for proposals.
(4)
Desired contract terms. The
department shall provide an outline or draft term sheet of those contract terms
and conditions, including warranties and bonding requirements, that the
department considers necessary.
(5)
Federal funds. If federal funds are involved, the federal laws,
rules and regulations applicable to the fund requirements shall govern in the
event they conflict with a provision required by state law.
