Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › REVIEW, EVALUATION AND SELECTION OF PROPOSALS › Section 468-600-300 - Additional disclosure requirements for proposers of solicited and unsolicited proposals

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to
				the disclosure requirements of WAC
				468-600-600, the department may
				impose, after the submission of a proposal, any other special disclosure
				requirements the department determines to be reasonably necessary to evaluate
				the expertise, experience, financial backing, integrity, ownership and control
				of any proposer.
(2) All proposers
				must provide all the information required by this rule and by the department.
				All proposers and key persons must complete and submit the required disclosure
				form within the deadlines set by the department. All proposers and key persons
				must provide any documents required in the disclosure process, or other
				documents as determined by the department, or their proposals may be rejected
				by the department.
(3) The
				department may reject, or require the supplementation of, a proposal if the
				proposer has not provided all information required in the disclosure form or if
				any information provided is not accurate, current or truthful. The failure or
				refusal of any proposer to properly execute, fully complete, or accurately
				report any information required by the required disclosure shall be sufficient
				grounds for rejection of the proposal.
(4) Any change in the status of the proposer,
				in the identity of any of the key persons, or the addition of any key persons
				must be reported to the department within thirty days of the known change, and
				those whose status has changed or who have been added as key persons will be
				required to submit the required disclosure information. For purposes of this
				section, a "change in the status of a proposer" means a reorganization of the
				business structure or corporate structure of the proposer or a major partner,
				or a change in ownership of the proposer or a major partner amounting to a
				transfer of over twenty percent of the entity's ownership.
(5) The burden of satisfying the department's
				disclosure requirements, both in terms of producing the disclosures and
				assuring their accuracy and completeness, resides with each proposer.
(6) Each proposer, by submitting a proposal,
				thereby accepts all risk of adverse public notice, damages, financial loss,
				criticism, harm to reputation or embarrassment that may result from any
				disclosure or publication of any material or information required or requested
				by the state in connection with the proposer's submission of a proposal. In
				submitting a proposal, the proposer expressly waives, on behalf of itself, its
				partners, joint venturers, officers, employees and agents, any claim against
				the secretary, the state of Washington, the commission, the department and
				their officers and employees, for any damages that may arise
				therefrom.
(7) A public entity that
				submits a proposal may, prior to submission, request the department to waive
				the disclosure requirements of this rule with respect to the corporate public
				entity and its officers. However, if the public entity proposes to enter into
				or establish a partnership or joint venture with a private sector partner to
				perform any substantial portion of the proposed project (as opposed to the
				engagement of only a prime contractor or subcontractors), then disclosure of
				the private party must be made as if the private party is a proposer, in
				accordance with this rule.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-300,
					 filed 2/6/07, effective 3/9/07.