Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 7 - ALOHA TOWAR DEVELOPMENT CORPORATION › Chapter 170 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - SELECTION OF DEVELOPERS › Section 19-170-44 - Request for proposals

Current through June, 2024
Should the development corporation and any joint venturer
					 determine to select a developer for a project through a request for proposals,
					 the process shall encompass a publicly advertised request for proposals, an
					 evaluation of submitted proposals, selection of a qualified person based upon
					 its submitted proposals, and finally, direct negotiation for a development
					 agreement. The selection process shall be as follows:
(1) The RFP may be developed and prepared by
				  the executive officer in conjunction with any public sector joint venturer, and
				  shall generally delineate the scope of the development area geographically and
				  in terms consistent with the objectives of the development corporation as set
				  forth herein.
(2) After approval of
				  the board and of the head or governing body of any public sector joint
				  venturer, the development corporation and any joint venturer shall issue a
				  request for proposal (hereinafter "RFP") covering a proposed development
				  area.
(3) Notice for the RFP shall
				  be published not less than three times in the two major Honolulu newspapers. No
				  more than one of these publications shall be made on any one day or on two
				  consecutive days. Notice for the RFP shall also be published in the wall street
				  journal once a week for a two-week period. Additional publication may be
				  accomplished in the board's discretion.
(4) The executive officer shall hold a
				  pre-presentation briefing for interested parties as soon as practicable
				  following the last publication of the notice of the RFP to discuss the
				  development objectives of the specific project in the development area, the
				  selection process, and the selection criteria.
(5) The RFP shall require that any party
				  interested in being a developer-lessee of the proposed development area shall
				  submit a detailed proposal inclusive of, but not limited to, a description of
				  the developer, its experience and its basic development team, architecturally
				  prepared schematic drawings, proposed footprints of the buildings, preliminary
				  traffic studies and solutions prepared by certified engineers and designers,
				  feasibility studies, anticipated benefit to the State of Hawaii, and timetable
				  for construction as set forth in more detail in § 19-170-45 below. Each
				  candidate must submit market studies or other satisfactory evidence to support
				  the financial feasibility of its proposal.
(6) All responses to the RFP must be
				  submitted within the time set forth in the RFP after the date of final
				  publication of the notice of the RFP, and only those parties submitting
				  responses that meet the minimum submission requirements and qualifications as
				  set forth in § 19-170-45 and § 19-170-46 below shall be considered as
				  the potential developer-lessee of the project as described in the RFP. The
				  contents of any proposals received shall be kept confidential and shall not be
				  distributed in any case to other parties who are participating in the RFP
				  process until after a long term lease and development agreement are
				  executed.
(7) The development
				  corporation by itself, or in conjunction with any public joint venturer, shall
				  review all responses to the RFP and may require each party who has submitted a
				  response to make a presentation of its proposal to the development corporation
				  and its public sector joint venturer, if any. These presentations and
				  interviews shall be timed, scheduled, and otherwise organized at the sole
				  discretion of the board. Because responders may be required to disseminate
				  proprietary or other confidential information during such presentations, the
				  presentations will be limited to members of the board, officers, and staff of
				  the development corporation and their counsel, and corresponding board members,
				  officers, staff and counsel of any public sector joint venturer; and the
				  substance of such presentations shall be kept private and confidential until
				  after a long term lease and development agreement are executed. The
				  presentations shall be exclusively for purposes of fact-finding and
				  investigation, and in no case shall the board make any decisions or deliberate
				  toward any decision regarding selection of a developer or development proposal
				  at presentation sessions. (8) As soon as practicable following the final
				  presentation, the development corporation and any public sector joint venturer
				  shall publicly announce the selection of the developer-lessee and shall then
				  enter into negotiations for a development agreement for development of the
				  project and for issuance of a long-term lease for the development area. The
				  development corporation and the selected developer-lessee shall conclude their
				  negotiations and execute said document as soon as practicable after
				  announcement of selection of the developer-lessee. Failure to enter into a
				  long-term lease and development agreement within six months may disqualify the
				  selected developer, and the board may select developers from the remaining
				  proposals or may repeat the RFP process from the first step.