SCREENING PROCESS FOR DETERMINING SOLICITED PROJECTS:
The procedure for determining the best suited projects for a solicited PPI will be as follows:
1. The Department will create a list of potential projects through brainstorming sessions.
2. The Department will have a 30 day public comment period to accept suggestions on solicitation of projects via the website: www.dot.state.ga.us/ppi. The Department may also elect to notify organizations that can provide valuable input to the process.
3. Based on the Department’s screening criteria and consideration of the public comments, the Department will determine which projects are feasible for either a conceptual or detailed solicitation. The Department will advertise for solicited proposals for those projects that have been identified as feasible.
PREPARATION FOR ALL PROPOSALS:
In accordance with Section 32-2-78, as amended, the Georgia Department of Transportation (GDOT) may solicit for conceptual or detailed proposals from private entities who wish to design, construct, improve, maintain and/or operate all or part(s) of the Proposed Project in Georgia. Proposers are encouraged to carefully read all sections of all pages of the Request for Proposal (RFP) before preparing a proposal.
Proposals must be signed by an authorized representative of the firm or consortium making the proposal. All information requested in these guidelines and the RFP must be included in the submission. Proposers failing to submit all information requested will have their proposals returned without further action by the Department.
Proposals should be prepared simply and economically, providing a concise description of the private entity’s ability to complete the proposed project. Emphasis will be placed on completeness and clarity of content. Proposals submitted for consideration will provide enough information about the project to determine whether it meets the criteria stated herein. All pages of the detailed proposal will be numbered. Proposals will cross reference responses by citing the tab number, and sub-letter. If a response covers more than one page, the tab number and sub-letter shall be repeated at the top of the next page. The detailed proposal will contain a table of contents, which cross references the requirements by category.
Each copy of the proposal will be bound or otherwise contained in a single volume where practical. All documentation submitted with the proposal will be contained in that single volume. Proposers may be required to give an oral presentation of their proposal to all or some of the following: the Advisory Committee, the Evaluation Committee, the State Transportation Board, the House and Senate Transportation Committees, and/or the public. Such presentations will provide opportunities to clarify aspects of the proposed project.
SUBMISSION REQUIREMENTS FOR ALL PROPOSALS:
Solicited proposals originated by the Department will have no review fees. Proposers are required to submit one electronic copy of the proposal and executive summary, and a minimum of 25 bound hard copies of the proposal and 50 copies of the executive summary to the following address:
Georgia Department of Transportation
Attention: Chief Engineer
#2 Capitol Square
Atlanta, Georgia 30334-1002
(404) 656-5277 (Phone)
Proposals are to be sealed in mailing envelopes or packages bearing the proposer’s name and address with the package clearly marked with the words "Public-Private Transportation Proposal" on the outside. The cover page must include the title of the proposal, the name and address of the proposing entity, the person authorized to act on behalf of the proposer including all contact information.
EVALUATION AND SELECTION PROCESS:
Proposals will be evaluated according to the following five-phase process.
PHASE ONE
Phase One will consist of a pre-qualification screening during the first five working days for meeting the criteria. If the proposal does not meet the qualifications, the proposals and any applicable fees will be returned without further review. If the proposal meets the pre-qualification screening, it will be followed by an in-depth review of those qualifying proposals conducted by the Advisory Committee. Proposals that do not comply with (b) of Code Section 32-2-79 and / or with the requirements of the solicitation will be returned to the proposer by the Department without further action. In taking such action, the Department will not disclose any trade secret or proprietary information associated with the proposal. If the proposal does comply, the department will provide a written determination that the proposal is an acceptable basis for an agreement to obtain services from the entity making the proposal. Phase One will conclude with either a recommendation to the Evaluation Committee to accept the proposal and draft Letter of Intent to Negotiate (LOI) or to reject with a recommendation of no further action.
PHASE TWO
Phase Two will consist of the Evaluation Committee review of the Advisory Committee findings and recommendations. The Evaluation Committee will then notify the Department of their findings and recommendations. Phase Two will conclude with either a recommendation to the Board to accept the proposal and draft Letter of Intent to Negotiate (LOI) or to reject with a recommendation of no further action.
PHASE THREE
Phase Three will consist of submitting the draft LOI to the Board along with the written determination from the Advisory Committee and the Evaluation Committee that the proposal is either acceptable or unacceptable. This will be followed by a report to the Board, the Governor, and the House and Senate Transportation Committees on the draft LOI. The Department will post the non-proprietary version of the Proposal and the draft LOI on the Department’s website. Prior to the approval of the LOI, the public will be given a minimum 15 day comment period. After review of the public comments, the Board will consider the draft LOI and recommendations for approval or rejection. If approved by an affirmative vote of the Board, the Commissioner on behalf of the Department may execute an LOI as recommended by the Board. Failure to receive an affirmative vote will result in the proposal and draft LOI being rejected with no further action.
The Letter of Intent to Negotiate
Each letter of intent to negotiate will define the rights and obligations of the Department and the respective proposer with regard to the project.
The terms of the letter of intent to negotiate will include but not be limited to:
1. The right of the proposer to design, construct, improve and/or operate the Transportation Facility, the duration of the operator's rights (if any) to operate the Transportation Facility, and the conditions under which the Transportation Facility will operate;
2. The mechanism by which user fees, if any, may be established from time to time upon agreement of the parties. Any user fees will be set at a level that, taking into account any service payments, allows the proposer the return on investment specified in the letter of intent to negotiate;
A. A copy of any service contract will be filed with the Department.
B. A schedule of the proposed user fees will be made available by the proposer to any member of the public on request.
C. Classifications according to reasonable categories for assessment of user fees may be made.
3. The performance milestones that will be required of the proposer;
4. The right of the proposer to cross, subject to applicable permit requirements and other requirements of law, any canal or navigable water course;
5. The manner in which utilities are to be crossed or relocated and the obligation to pay the cost thereof;
6. The manner in which the proposer and the Department will work together to establish interconnections and interoperability between the Transportation Facility and other public transportation facilities;
7. The procedures by and conditions under which the Department will exercise its power of eminent domain to facilitate the Transportation Facility. The power of eminent domain will not be delegated to any private entity under any public-private initiative commenced or proposed.
8. The design, construction, operation and maintenance standards with which the proposer must comply;
9. The requirements of the proposer to submit plans and specifications for the Transportation Facility to the Department for approval;
10. The rights of the Department to inspect construction of or improvements to the Transportation Facility;
11. The obligation of the proposer to maintain the Transportation Facility and the rights of the Department to monitor the operator's maintenance;
12. The right of the proposer to make and enforce, with the consent of the Department, reasonable rules with respect to the Transportation Facility;
13. The terms under which the proposer will reimburse the Department for services provided;
14. If applicable, the reasonable maximum return or rate of return on investment authorized for the proposer to earn, the formula by which such rate of return will be calculated and the distribution of project revenues;
15. The terms and conditions under which the Department may contribute financial and/or in-kind resources, if any, for the Transportation Facility;
16. The events that will constitute proposer defaults, operator's rights to notice and cure and the remedies available to the Department;
17. The events that will constitute the Department defaults, the Department rights to notice and cure and the remedies available to the proposer;
18. Lender's rights and remedies with respect to proposer defaults and the Department remedies;
19. The insurance and bonding requirements the proposerr will be required to meet at each stage;
20. The allocation between the operator and the Department of liabilities for, among others, property damage, personal injury, Transportation Facility repair and hazardous waste remediation;
21. The obligations of the operator to maintain records, to allow inspection and audit and to provide regular reports to the Department; and,
22. The conditions under which the operator may assign its rights under the letter of intent to negotiate and/or its rights to the Transportation Facility; and
23. Any changes to the Department’s Design Standards and Specifications, Manual for Uniform Traffic Control Devices, or in the terms of the letter of intent to negotiate as may be agreed upon by the parties from time to time, will be added to the letter of intent to negotiate by written amendment.
PHASE FOUR
Phase Four will consist of development phase activities outlined in the LOI as recommended by the Board. If the development phase activities are successful, the Advisory Committee may recommend proceeding with negotiation of a final Contract for Public-Private Initiative (CPPI). If for any reason the development phase activities, outcomes or negotiations are not successful, the Department may proceed with solicitation pursuant to Code Section 32-2-79 or take no further action.
PHASE FIVE
Phase Five will consist of the negotiation of the CPPI which will include the final terms for professional and engineering design services, finance, construction, maintenance and/or operation of the transportation facility. The final contract will allocate risk, liabilities, establish actions to be taken should default occur, and will be in compliance with all other applicable federal and state laws. If negotiations of the CPPI are successful, the Advisory Committee will recommend approval of the CPPI to the Commissioner and Governor. If negotiations of the CPPI are not successful, the Department may proceed with solicitation pursuant to Code Section 32-2-79 or take no further action. Prior to execution of the CPPI, the public will be given the opportunity to comment. The Department will publish a notice for public comment in a newspaper of general circulation and/or the legal organ, and on the Department’s website. After review of public comments, the Board will consider the draft CPPI and make recommendations for approval or rejection. If approved by an affirmative vote of the Board with the Governor’s concurrence, the Commissioner on behalf of the Department may execute the CPPI. Failure to receive an affirmative vote will result in the CPPI being rejected with no further action.
The Final Contract
In addition to the public notices mentioned above, a notice will be provided to any person or entity that expresses in writing to the Department an interest in the subject matter of the proposal. The notice will contain the general nature and scope of the proposal; the location of the transportation system project; the work to be preformed on the project; and specify the address to which any public comment or requests for an executive summary must be submitted. The Department may consider additional opportunities for public comment at a public meeting or meetings. Notification of such public meetings will be provided in the same manner as described in this paragraph. Upon completion of the public comment period, the Department will determine whether to go forward with a final contract.
Each final contract will define the rights and obligations of the Department and the respective proposer with regard to the project. The Department will determine the scope of work to be preformed by the proposer, specify the level of design, alternatives to be reviewed, impacts to consider, and other information to be provided by the proposer. The Department will independently review any studies and conclusions reached by the proposer before their inclusion in an environmental document.
Completion of the environmental review is required before the proposer may be authorized to conduct and complete the final design and start construction of a project. Additionally, all applicable state and federal environmental permits and approvals must be obtained before the private developer may start construction of a project. Unless and until that occurs, the Department is not bound to any further development of the project. The Department and any federal agency acting as a lead agency may select an alternative other than the one in the proposed project, including but not limited to the “no-build” alternative. The final contract will provide that the contract will be modified as necessary to address requirements in the final environmental documents, and will provide that the contract may be terminated if the “no-build” alternative is selected or another alternative is selected that is incompatible with the requirement of the final contract.
The final contract will establish actions to be taken should default occur, and will be in compliance with all other applicable federal and state laws. Upon completion of the public comment period, each specific final contract will be presented by the Commissioner to the State Transportation Board for approval by affirmative vote and concurrence by the Governor. The award of a public-private initiative contract will be based upon the proposal without subjecting the specific contract to public bid as required under Code Section 32-2-64, 32-10-68, or 50-5-72. Each final contract will be in compliance with all other applicable federal and state laws, including, but not limited to Code Sections 13-10-40, 13-10-60 and 32-2-70.
