The procedures applicable to any particular solicited bid/proposal
shall be specified in the solicitation for that proposal and shall
be consistent with the requirements of the PPEA and any other applicable
law. All such solicitations shall be by issuance of a written invitation
to bid ("IFB") or request for proposal ("RFP"). Any proposal submitted
pursuant to the PPEA that is not received in response to an IFB or
RFP shall be an unsolicited proposal under these Guidelines, including
but not limited to:
A.
Proposals received in response to a notice of the prior receipt of another unsolicited proposal as required by the PPEA and provided for below in § 39-11A(2); and
B.
Proposals received in response to publicity by the County concerning
particular needs when the County has not issued a corresponding IFB
or RFP, even if the County otherwise has encouraged the submission
of proposals pursuant to the PPEA that address those needs.
The process for evaluating an unsolicited proposal, which is
described in detail below, consists of four steps. Briefly summarized,
upon receipt of an unsolicited proposal the County's first step
will be to determine whether to accept it for consideration at the
conceptual stage. If so, then in step two the County will give public
notice of the unsolicited proposal. In step three the County will
proceed with a review at the conceptual stage of the original unsolicited
proposal and/or any proposal received in response to the public notice
and accepted for consideration at the conceptual stage. Step four
is an in-depth review at the detailed stage of the original unsolicited
proposal and/or any proposal received in response to the public notice
and accepted for consideration at the detailed stage. However, the
County may discontinue its evaluation of any proposal at any time.
Furthermore, if the County determines that it is in the County's
interest to do so with respect to any unsolicited proposal, the County
may eliminate review at the conceptual stage and proceed directly
to a review at the detailed stage.
A.
Decision to accept and consider unsolicited proposal; notice.
(1)
Upon receipt from a private entity of any unsolicited proposal accompanied
by payment of any required fees, the County will determine whether
to accept the unsolicited proposal for publication and conceptual-phase
consideration, as described below. If the County determines not to
accept the proposal at this stage it will return the proposal and
any unexpended portion of the accompanying initial review fee to the
private entity.
(2)
If the County chooses to accept an unsolicited proposal for conceptual-phase consideration, it shall make a copy of the unsolicited proposal available for public inspection, subject to any protections under § 39-7 of these Guidelines, and shall give public notice of the proposal in accordance with § 56-575.17(B) of the PPEA. In its notice, the County shall specify a period of time not less than 60 days during which it will receive competing unsolicited proposals. During the sixty-day period for receiving competing unsolicited proposals, the County may continue to evaluate the original unsolicited proposal.
(a)
The notice shall also state that the County:
[1]
Has received and accepted an unsolicited proposal under the
PPEA;
[2]
Intends to evaluate the proposal;
[3]
May negotiate a comprehensive agreement with the proposer based
on the proposal; and
[4]
Will accept for simultaneous consideration any competing proposals
that comply with the policy adopted by the County and the PPEA.
(b)
The notice also shall summarize in general terms the proposed
qualifying project or projects, and identify their proposed locations.
B.
Contents of an unsolicited proposal.
(1)
An unsolicited proposal must contain the information listed in Subsections C and E. However, the private entity may request that the County consider a two-step proposal submission, with initial submittal of a more general proposal for conceptual review, to be followed by a more-detailed submission if requested by the County. In the event that a two-step proposal submission is proposed, the private entity may include only the information listed in Subsection C with its initial submission, and the County may request the information listed in Subsection E during the second stage, if applicable.
(2)
In the event that an unsolicited proposal does not contain the required information, the County may request a supplemental submission pursuant to § 39-5D of these Guidelines, or may waive the information not provided. If waived, the County reserves the right to request the additional information, or any other information, at any time during consideration.
C.
Content and format for submissions at the conceptual stage. Unsolicited
proposals at the conceptual stage shall contain the following information
in the following format, plus such additional information as the County
may request:
(1)
Qualifications and experience.
(a)
Identify the legal structure of the firm or consortium of firms
making the proposal. 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 experience of the firm or consortium of firms making
the proposal and the key principals involved in the proposed project,
including experience with projects of comparable size and complexity.
Describe the length of time in business, business experience, public
sector experience and other engagements of the firm or consortium
of firms. Include the identity of any firms that will provide design,
construction and completion guarantees and warranties and a description
of such guarantees and warranties. Provide resumes of the key individuals
who will be involved in the project.
(c)
Provide the names, addresses and telephone numbers of persons
within the firm or consortium of firms who may be contacted for further
information.
(d)
Provide a current or most recently audited financial statement
of the firm or firms and the names of each partner with an equity
interest of 3% or greater.
(e)
Identify any persons known to the private entity who would be
obligated to disqualify themselves from participation in any contract
or transaction arising from or in connection to the project pursuant
to the State and Local Government Conflict of Interests Act, Code
of Virginia, § 2.2-3100 et seq.
(2)
Project characteristics.
(a)
Provide a description of the project, including the conceptual
design, a scope of work and a schedule for the initiation of and completion
of the project, to include the proposed major responsibilities and
timeline for activities to be performed by both the County and the
private entity. Describe the proposed project in sufficient detail
so that type and intent of the project, the location and the communities
that may be affected are clearly identified.
(b)
Identify and fully describe any work to be performed by the
County or any other public entity.
(c)
Identify any affected jurisdictions (jurisdictions in which
all or a portion of the project is located).
(d)
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.
(e)
Identify any anticipated adverse social, economic and environmental
impacts of the project. Specify the strategies or actions to mitigate
known impacts of the project.
(f)
A statement describing the anticipated social, economic, environmental
or other benefits of the project to the public and the County. Project
benefits to be considered may occur during the construction, renovation,
expansion or improvement phase and during the life cycle of the project.
(g)
Identify the proposed schedule for the work on the project,
including the estimated time for completion.
(h)
Propose allocation of risk and liability for work completed
beyond the agreement's completion date, and assurances for timely
completion of the project.
(i)
State assumptions related to ownership, legal liability, law
enforcement and operation of the project and the existence of any
restrictions on the public entity's use of the project.
(j)
A statement setting forth the method by which the private entity
proposes to secure necessary property interests required for the qualifying
project.
(k)
Provide information relative to phased or partial openings of
the proposed project prior to completion of the entire work.
(l)
Describe any architectural, building, engineering or other applicable
standards that the proposed project will meet.
(3)
Project financing.
(a)
Provide a preliminary estimate and estimating methodology of
the cost of the work by phase, segment, or both.
(b)
Submit a plan for the development, financing and operation of
the project showing the anticipated schedule on which funds will be
required. Describe the anticipated costs of and proposed sources and
uses for such funds, and identify any dedicated revenue source or
proposed debt or equity investment on behalf of the private entity.
(c)
Include a list and discussion of assumptions underlying all
major elements of the plan.
(d)
Identify all anticipated risk factors and methods for dealing
with these factors.
(e)
Identify any local, state or federal resources that the private
entity contemplates requesting for the project. Describe the total
commitment, if any, expected from governmental sources (and identify
each such source) and the timing of any anticipated commitment.
(f)
Identify any third parties that the private entity contemplates
will provide financing for the project and describe the nature and
timing of each such commitment.
(g)
A statement indicating whether the private entity intends to
request the County to provide resources for financing the project
and the nature and extent of any such resources.
(4)
Project benefit and compatibility.
(a)
Describe the anticipated benefits to the community, region or
state, including anticipated benefits to the economic condition of
the County, and identify who will benefit from the project and how
they will benefit.
(b)
Identify any anticipated public support or opposition, as well
as any anticipated government support or opposition, for the project.
(c)
Explain the strategy and plans that will be carried out to involve
and inform the general public, business community and governmental
agencies in areas affected by the project.
(d)
Explain whether and, if so, how the project is critical to attracting
or maintaining competitive industries and businesses to the County
or the surrounding region.
(e)
Explain whether and, if so, how the project is compatible with
the County's comprehensive plan, infrastructure development plans,
capital improvements budget or other government spending plan.
D.
Initial review at the conceptual stage.
(1)
Only proposals for qualifying projects, as defined in the PPEA, and
those proposals that contain sufficient information for a meaningful
evaluation and that are provided in an appropriate format, as described
in these Guidelines, will be considered by the County for further
review at the conceptual stage.
(2)
The County may stop review and evaluation of a proposal at any time
at the County's sole discretion and may reject an unsolicited
proposal at any time for any reason whatsoever.
(3)
The County will determine at this initial stage of review whether it will proceed using procurement through competitive sealed bidding or competitive negotiation. Following this determination, the County will issue the public notice described in Subsection A(2) which solicits competing unsolicited proposals.
(4)
After reviewing an unsolicited proposal and any competing unsolicited
proposals submitted during the notice period, the County may determine:
E.
Format for submissions at the detailed stage. If the County decides
to proceed to the detailed phase of review with one or more unsolicited
proposals, then the following information must be provided by the
private entity unless waived by the County:
(1)
A topographical map (1:2,000 or other appropriate scale) depicting
the location of the proposed project.
(2)
A list of public utility facilities, if any, that will be crossed
by the qualifying project and a statement of the plans of the private
entity to accommodate such crossings.
(3)
A statement and strategy setting out the plans for securing all necessary
property. The statement must include the names and addresses, if known,
of the current owners of the subject property as well as a list of
any property the private entity intends to request the public entity
to condemn.
(4)
A detailed listing of all firms that will provide specific design,
construction and completion guarantees and warranties, and a brief
description of such guarantees and warranties.
(5)
A total life-cycle cost specifying methodology and assumptions of
the project or projects 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.
The life-cycle cost analysis should include, but not be limited to,
a detailed analysis of the projected return, rate of return, or both,
expected useful life of facility and estimated annual operating expenses.
(6)
A detailed discussion of usage of the project, and assumptions about
user fees, lease payments and other service payments over the term
of the interim or comprehensive agreement pursuant to Code of Virginia,
§ 56-575.9 or Code of Virginia, § 56-575.9:1 and
the methodology and circumstances for changes to such user fees, lease
payments and other service payments over time.
(7)
Identification of any known government support or opposition, or
general public support or opposition for the project. Government or
public support should be demonstrated through resolution of official
bodies, minutes of meetings, letters or other official communications.
(8)
A statement regarding the anticipated public reaction.
(9)
Demonstration of consistency with appropriate local comprehensive
or infrastructure development plans or indication of the steps required
for acceptance into such plans.
(10)
Explanation of how the proposed project would impact local development
plans of each affected jurisdiction.
(11)
Detailed analysis of the cost and financial feasibility of the
proposed project, including its impact on similar facilities operated
or planned by the County. Include a detailed description of any financing
plan proposed for the project, a comparison of that plan with financing
alternatives that may be available to the County, and all underlying
data supporting any conclusions reached in the analysis or the selection
by the private entity of the financing plan proposed for the project.
(12)
Additional material and information as the County may request.
F.
Review fees.
(1)
A review fee will be charged a private entity submitting an unsolicited
proposal to the County to cover the County's costs of processing,
reviewing and evaluating the proposal, including the cost to compare
it to any competing proposals. Such costs include but are not limited
to County staff time, the cost of any materials or supplies expended
and the cost of any outside advisors or consultants, including but
not limited to attorneys, consultants and financial advisors used
by the County in its sole discretion to assist in processing, reviewing
or evaluating the proposal. Such fees are intended to be in the amount
necessary to cover the County's costs.
(2)
Such fees shall be imposed based on the reasonably anticipated costs
to the County in accordance with the following schedule:
(a)
Initial fee. Payment of an initial fee must accompany the submission
of the unsolicited proposal to the County in order for the County
to proceed with its review. The initial fee shall be no less than
$2,500, regardless of the anticipated total cost.
(b)
Additional fees. Additional fees shall be imposed on and paid
by the private entity throughout the processing, review and evaluation
of the unsolicited proposal if and as the County reasonably anticipates
incurring costs in excess of the initial fee paid by the private entity.
The County will notify the private entity of the amount of such additional
fees as and when it anticipates incurring such costs. Prompt payment
of such additional fees is required before the County will continue
to process, review and evaluate the proposal.
(c)
Reimbursement of excess fees paid. In the event the total fees
paid by the private entity exceed the County's total costs incurred
in processing, reviewing and evaluating the proposal, the County shall
reimburse the difference. Otherwise, the County shall retain all fees
paid.
