The Department may receive, consider, evaluate, and accept an unsolicited public-private initiative proposal. All proposals must comply with the requirements of Code Section 32-2-79 and the Board Rule and Policy.

 

 

PREPARATION FOR ALL PROPOSALS:

Proposals must be signed by an authorized representative of the firm or consortium making the proposal. All information requested in these guidelines 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 proposal will contain a table of contents, which cross references the requirements by category. Unsolicited proposals are required to be separated by tabs as shown herein.
TAB 1: Qualifications, Capabilities, and Experience
a. Identify the legal structure of the firm, or principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives. Identify the organizational structure for the project, the management approach and how each partner and major subcontractor in the structure fits into the overall team.
b. Describe the capabilities, experience, facilities, or techniques of each firm and the key principals involved in the proposed project. Describe the length of time in business, business experience, public sector experience, unique combinations of these qualities that are integral factors for achieving the proposal objectives, any other factors appropriate to the proposal, and other engagements of the firm(s). The lead organization must be identified.
c. Provide the names, addresses and phone numbers of persons within the firm or consortium who may be contacted for further information.
d. Include the address, telephone number, and the name of a specific contact person for an entity for which the firm/consortia or primary members of the consortia have completed a similar project.
e. Provide a financial statement of the firm/consortia and each major partner. Submit the most recent Securities and Exchange Commission 10-K and 10-Q reports, if such reports have been filed.
TAB 2: Project Characteristics:
a. Provide a description of the transportation facility or facilities, including the conceptual design and all proposed interconnections with other transportation facilities. Describe the project in sufficient detail so the type and intent of the project, the location, and the communities that may be affected are clearly identified. Describe the unique and innovative methods, approaches, or concepts the project will provide. Detail any scientific, technical, or socioeconomic merits of the proposal. Describe the potential contribution the proposal has to the Department’s mission. The project description should be prepared in a way that fully recognizes any federal and/or state requirements to analyze other project alignments and alternatives.
b. Identify and fully describe any work to be performed by the Department.
c. Include a list of all federal, state and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. Identify which, if any, permits or approvals are to be obtained by the Department.
d. Without completing an Environmental Impact Statement, identify any anticipated adverse social, economic and environmental impacts of the project. Specify the strategies or actions to mitigate known impacts. Identify the projected positive social, economic and environmental impacts of the project.
e. List the critical factors for the project's success.
f. Identify the proposed schedule including the estimated time for completion.
g. Propose allocation of risk and liability and assurances for timely completion of the project.
h. Clearly state the assumptions related to ownership, legal liability, law enforcement and operation of the facility.
i. Provide information on any phased (partial) openings proposed prior to final completion of the work.
TAB 3: Project Financing
a. Provide a preliminary estimate including separate total for contingencies and estimating methodology of the cost of the work by phase and/or segment (e.g. planning, design, construction).
b. Submit a plan for the development, financing and operation of the project, showing: the anticipated schedule on which funds will be required; and proposed sources and uses for such funds.
c. Include a list and discussion of assumptions (user fees or toll rates, and usage of the facility) underlying all major elements of the plan.
d. Identify the proposed risk factors and methods for dealing with these factors.
e. Identify any local, state or federal resources that the proposer contemplates requesting for the project. Describe the total commitment, including but not limited to financial, services, and property, if any, expected from governmental sources; and the timing of any anticipated commitment.
f. If applicable, provide a life cycle cost analysis projecting rate of return and estimated cost of the proposed project.
g. Provide a clearly outlined business objective for pursuing the proposed project.
TAB 4: Public Support
a. Identify who will benefit from the project, how they will benefit and how the project will benefit the overall transportation system.
b. Identify any anticipated government support or opposition, or general public support or opposition for the project.
c. Explain the strategy and plans that will be carried out to involve and inform the agencies and the public in areas affected by the project.
TAB 5: Project Benefit/Compatibility
a. Describe the significant benefits to the community, region or state. Identify any state benefits resulting from the project including the potential contribution of the proposal to the Department’s mission or other state goals.
b. Describe significant benefits to the state's economic condition. Discuss whether this project is critical to attracting or maintaining competitive industries and businesses to the state or region.
c. Describe the project consistency with city, county, regional comprehensive land use and transportation plans.
TAB 6: Special Deliverables
a. Provide a topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed facility or facilities.
b. Provide a list of public utilities that will be crossed or affected by the transportation facility and a statement of how to accommodate utility adjustments.
c. Provide a statement setting out the plan for securing all necessary property.
d. Provide a detailed listing of all firms that will provide specific environmental, design, construction and completion guarantees and warranties. Include a brief description of the guarantees and warranties.
e. If applicable, provide the proposed total life-cycle cost specifying methodology and assumptions of the facility or facilities and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. Include in the life-cycle cost analysis a detailed analysis of the projected return and/or rate of return.
f. Include a detailed discussion of assumptions, if applicable, about user fees or toll rates, and usage of the facility such as traffic forecasts and assumptions.
g. Demonstrate consistency with state and local transportation plans and local comprehensive plans or indicate the steps required for acceptance into such plans.
h. Provide an explanation of how the proposed transportation facility would impact local transportation plans of each affected locality.
i. Provide additional material and information as the Department may reasonably request.
j. Includes an itemized, auditable listing of the costs associated with the development of the detailed proposal.

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:

A minimum fee of $10,000.00 for unsolicited and competing proposals must be submitted in the form of a cashier’s check made payable to the Treasurer of the Georgia Department of Transportation is to accompany each proposal submittal.

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 GDOT board rule and policy 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 proposer 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.