TABLE OF CONTENTS
672-17-.01 Purpose of Regulations.
672-17-.02 Definitions.
672-17-.03 Guidelines.
672-17-.04 Receipt of Solicited, Unsolicited, Competing or Comparable Proposals.
672-17-.05 Conduct in Submitting Solicited, Unsolicited, Competing or Comparable Proposals to the Department.
672-17-.06 General Rules for Public-Private Transportation Initiatives.
672-17 -.01 Purpose of Regulations.
672-17 -.02 Definitions.
The following terms, as used in this Chapter, shall have the following meanings unless the context thereof indicates to the contrary:
(a) "Advisory Committee”: A committee consisting of not less than three (3) members, all of whom shall be employees of the Department. Provided, that the Deputy Commissioner, the Chief Engineer, and the Treasurer shall be a member. All other members shall be appointed from the ranks of the Department’s Division Directors by order of the Commissioner. The Commissioner shall chair the panel.
(b) "Board”: The State Transportation Board.
(c) “Commissioner": The Commissioner of the State Department of Transportation.
(d) “Competing or Comparable proposal": A written proposal for a public-private initiative submitted for the purpose of entering into an agreement with the department concerning a transportation system project and such submission is in response to a notification or opportunity to submit a competing or comparable proposal as requested by the department.
(e) “Department": The Department of Transportation.
(f) “Detailed proposal”: A solicited, unsolicited, competing or comparable proposal that contains detailed descriptions and information as required by the Department’s Guidelines.
(g) “Engineer": The Chief Engineer, acting directly or through a duly authorized representative, such representative acting within the scope of the particular duties assigned to the Chief Engineer and within the authority given to the Chief Engineer.
(h) "Evaluation Committee”: The one or more committees established for the purpose of evaluating and making a recommendation with respect to solicited, unsolicited, competing, or comparable proposals.
(i) "Guidelines”: Policies adopted by the State Transportation Board which establishes the detailed manner in which the Department intends on receiving and evaluating solicited, unsolicited, competing or comparable proposals from private entities.
(j) “Letter of intent to negotiate” (“LOI”): A written statement of mutual intent by the Department and the proposer for a public-private initiative to develop and implement a course of negotiation, within a substantive framework, which if successfully completed could lead to a binding contractual agreement to accomplish a proposed transportation system project.
(k) “Letter of intent to submit” (“LOITS”): A submission of a competing or comparable proposal in response to an unsolicited proposal. A written letter of intent must be received by the office of the Chief Engineer no later than 10:00 a.m. on the 45th day after the Department’s initial publication of the notice. The letter of intent to submit must be accompanied by any fee that the Department shall prescribe by guideline, rule, or regulation.
(l) “Person": Any individual, co-partnership, association, corporation, firm or joint stock company, their lessees, trustees, assignees or receivers as appointed by any court.
(m) “Review fee”: An initial fee prescribed by the guidelines which must be tendered with any unsolicited, competing or comparable proposal prior to the Department undertaking any review of the proposals.
(n) “Solicited proposal”: A written proposal for a public-private initiative submitted for the purpose of entering into an agreement with the Department concerning a transportation system project in response to a formal solicitation or notification issued by the Department. A solicited proposal may be made as a competing proposal or comparable proposal in response to an unsolicited proposal.
(o) "Unsolicited proposal": A written proposal for a public-private initiative submitted for the purpose of entering into an agreement with the department concerning a transportation system project but is not in response to a formal solicitation or request issued by the department. The unsolicited proposal must have sufficient details to enable the Department to evaluate the project to determine if it is in compliance with the provisions of Code Section 32-2-79(b), O.C.G.A.
672-17 -.03 Guidelines.
The Board will establish Guidelines for a public-private initiative process that provides solicited, unsolicited, competing or comparable proposal application requirements, public involvement process, public notice opportunities, review and approval steps to execute a letter of intent to negotiate and final contract. In accordance with the provisions of this Rule, the Guidelines shall be submitted to the State Transportation Board and shall be formally adopted pursuant to the requirements of the Board for the establishment of Board policies. A copy of the Guidelines may be obtained from the Office of the Chief Engineer, Department of Transportation, No. 2 Capitol Square, Atlanta, Georgia 30334.
672-17 -.04 Receipt of Solicited, Unsolicited, Competing or Comparable Proposals.
(a) All proposals must be sent to the Office of the Chief Engineer, Department of Transportation, No. 2 Capitol Square, Atlanta, Georgia 30334. The submission of a proposal must conform to the requirements as established in the Guidelines. The Department will receive, consider, evaluate and recommend to the Evaluation Committee any proposal for a public-private initiative only if it meets the following criteria:
(1) Is independently originated and developed by the proposer;
(2) Is unique and innovative in comparison with and is not substantially similar to other transportation system projects already in the state transportation improvement program or, if it is similar to a project in the state transportation improvement program, that project has not been fully funded by the department or any other entity as of the date the proposal is submitted;
(3) Contains unique or innovative features that may include but not be limited to unique or innovative financing, construction, design, or other components as compared with other projects; and,
(4) Provides such detail and information as required by established public-private initiative guidelines.
(b) In accordance with the provision of the established Guidelines, the Advisory Committee will initially receive each proposal and after making a determination that the proposal meets the criteria in 672-17-.04 (a) of this Rule, the Advisory Committee shall initiate the process to solicit competing or comparable proposals. Upon receipt of any competing or comparable proposals, the Advisory Committee shall determine the initial compliance of the proposals and determine the evaluation needed.
(c) The Department public-private initiative guidelines will establish such fees as are necessary to offset the cost of processing and reviewing the proposals as required by Code Section 32-2-79(b)(3)(B) of the Official Code of Georgia. Such nonrefundable and nonnegotiable proposal review fees must be tendered with any unsolicited, competing or comparable proposals prior to the Department’s submission of the proposals to the Advisory Committee for consideration. Additional fees may be required by the Department for the employment of review experts as needed. Solicited proposals originated by the Department will have no review fees. Review fees will apply to competing or comparable proposals submitted in response to an unsolicited proposal.
(d) At the conclusion of the Advisory Committee evaluation, the Advisory Committee will provide its findings of the most desirable proposal to the Evaluation Committee. The Evaluation Committee will recommend to the Department whether to proceed with a letter of intent to negotiate. The Department will present a briefing to the Board and will file a report to the Governor and to the House and Senate transportation committees with respect to the Evaluation Committee recommendations to proceed with a letter of intent to negotiate.
(e) The Department will provide opportunity for public comment with respect to the unsolicited proposal for a project within thirty (30) days of receipt of the unsolicited proposal by posting the notice on the Department external website for public comment within five (5) days of receipt of the unsolicited proposal and through an advertisement in a newspaper of general circulation.
(f) The Department shall also provide an opportunity for public comment at a minimum of fifteen (15) days prior to the execution of the letter of intent to negotiate. Prior to entering into a letter of intent to negotiate, the Board shall have the right to review and approve the document.
(g) With concurrence from the Governor and prior to the execution of a final contract between the Department and the winning proposer, the Board shall have the right to approve the final contract recommended by the Advisory Committee.
672-17 -.05 Conduct in Submitting Solicited, Unsolicited, Competing or Comparable Proposals to the Department.
Persons submitting proposals to the Department of Transportation shall be governed according to the following rules of conduct:
(a) Persons submitting proposals shall conduct their business in Georgia strictly in accordance with the laws of the State of Georgia, and of the United States, and with the lawfully promulgated regulations of the Department.
(b) Persons submitting proposals shall:
1. Operate competitively without regard to any artificial territories or boundaries which may have been created or designated by agreement with any other potential consultant, sub-consultant, contractor or subcontractor.
2. Not agree with any other person, directly or indirectly, to submit a bid or quote deliberately higher than the bid or quote submitted by any other potential contractor or subcontractor; to submit a noncompetitive bid or to agree not to submit a bid or quote.
3. Not seek to prevent or discourage anyone, through threats or intimidation, implied or direct, from submitting a bid or quote.
4. Not seek or engage in an agreement, directly or indirectly, with any other potential competitor, to allocate any contract or subcontract to its firm or any other firm.
672-17-.06 General Rules for Public-Private Transportation Initiatives.
When used in this subpart, the term “proposal” shall mean any proposal whether such proposal is classified as solicited, unsolicited, competing or comparable. The Department and Board reserve all rights available to them by law in administering these rules, including without limitation, the right in their sole discretion to:
(a) reject any and all proposals at any time;
(b) terminate evaluation of any and all proposals at any time;
(c) suspend, discontinue or terminate the letter of intent to negotiate or final contract negotiations with any proposer at any time prior to the actual authorized execution of such final agreement by all parties;
(d) discuss and negotiate with a proposer without being bound by any provision in its proposal; and
(e) request or obtain additional information about any proposal.
