reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › Section 468-600-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in these rules:
(1) "Commission" means the Washington state
			 transportation commission;
(2)
			 "Competing proposal" means a written submission to the department that a
			 proposer submits in response to a notice issued by the department under WAC
			 468-600-320;
(3) "Department" means the Washington state
			 department of transportation;
(4)
			 "Eligible project" as defined in
			 RCW
			  47.29.050 includes:
(a) Transportation projects, whether capital
			 or operating, where the state's primary purpose for the project is to
			 facilitate the safe transport of people or goods via any mode of travel.
			 However, this does not include projects that are primarily for recreational
			 purposes, such as parks, hiking trails, off-road vehicle trails, etc.;
			 and
(b) Facilities, structures,
			 operations, properties, vehicles, vessels, or the like that are developed
			 concurrently with an eligible transportation project and that are capable of
			 providing revenues to support financing of an eligible transportation project,
			 or that are public projects that advance public purposes unrelated to
			 transportation;
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › CONFLICT OF INTEREST, PROPOSER CONDUCT AND APPEARANCE OF FAIRNESS › Section 468-600-030 - Conflict of interest

Current through Register Vol. 24-14, July 15, 2024
(1) When
				submitting a proposal, the proposer's representative must certify that he or
				she is unaware of any information that might be pertinent in determining
				whether an organizational conflict of interest exists. If the proposer is aware
				of information that might be pertinent to this issue, the proposer must
				provide, as an exception to the certification, a disclosure statement fully
				describing this information in a form approved by the commission as part of its
				proposal. For purposes of this section, "organizational conflict of interest"
				means that because of other activities or relationships with other persons, a
				proposer, a principal officer of a proposer, or a prime contractor who is
				proposed to perform construction or design work on an eligible project, is
				unable or potentially unable to render impartial assistance or advice to the
				state; or the person's objectivity in performing the proposed contract work is
				or might be otherwise impaired; or a person has an unfair competitive
				advantage.
(2) After review and
				approval by the commission, the department shall publish and make available
				conflict of interest guidelines and policies that encompass the standards of
				conduct required by federal and state law, and as further required in these
				administrative rules. The conflict of interest guidelines and policies may be
				modified as necessary to meet the particular objectives of individual projects,
				whether those projects emanate from solicited or unsolicited
				proposals.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-030,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › CONFLICT OF INTEREST, PROPOSER CONDUCT AND APPEARANCE OF FAIRNESS › Section 468-600-035 - Proposer conduct

Current through Register Vol. 24-14, July 15, 2024
(1) Proposers are
				prohibited from influencing or attempting to influence the evaluation of, or
				the decision to select a specific project proposal that has been submitted, or
				may be submitted under these rules, except as specifically allowed under these
				rules or as specifically allowed by the state in any RFP document. This
				includes, but is not limited to, attempts to influence officers or employees of
				the state or elected or appointed officials of the local, state or federal
				level of government.
(2) For those
				activities not prohibited by subsection (1) of this section, but which attempt
				to influence decision making in any legislative branch, proposers must fully
				disclose all lobbying activities undertaken by any of its contractors,
				officers, employees or agents that are subject to public disclosure under
				chapter 42.17 RCW or federal law. For lobbying activities subject to chapter
				42.17 RCW, copies of all required disclosure forms for the previous two years'
				reporting cycles must be submitted.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-035,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › CONFLICT OF INTEREST, PROPOSER CONDUCT AND APPEARANCE OF FAIRNESS › Section 468-600-038 - Conflict of interest by state officials - Appearance of fairness

Current through Register Vol. 24-14, July 15, 2024
(1) Any person elected, appointed or employed
				by the state, who has a conflict of interest or potential conflict of interest,
				must disclose such actual or potential conflict of interest and abstain from
				consideration, discussion, debate, and decision making concerning any project
				proposal submitted under these rules.
(2) During the pendency of any solicitation,
				negotiation or selection of a proposal, no member of the commission may engage
				in ex parte communications with proponents or opponents with respect to the
				proposal, unless that person:
(a) Places on
				the record the substance of any written or oral ex parte communications
				concerning the decision of action; and
(b) Provides that a public announcement of
				the content of the communication and of the parties' rights to rebut the
				substance of the communication shall be made at each meeting where action is
				considered or taken on the subject to which the communication related. This
				prohibition does not preclude a member of the commission from seeking in a
				public meeting specific information or data from such parties relative to the
				decision if both the request and the results are a part of the public
				record.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › CONFLICT OF INTEREST, PROPOSER CONDUCT AND APPEARANCE OF FAIRNESS › Section 468-600-040 - Release of rights and indemnification of state

Current through Register Vol. 24-14, July 15, 2024
By submitting a proposal, a proposer thereby waives and
				  relinquishes any claim, right, or expectation to occupy, use, profit from, or
				  otherwise exercise any prerogative with respect to any route, corridor, rights
				  of way, public property or public facility identified in the proposal as being
				  necessary for or part of the proposed project. A proposer may not obtain any
				  claim, right or expectation to use any such route, corridor, rights of way,
				  public property or public facility by virtue of having submitted a proposal
				  that proposes to use it or otherwise involves or affects it.
By submitting such a proposal, a proposer thereby waives and
				  relinquishes any right, claim, copyright, proprietary interest or other right
				  in any proposed location, site, route, corridor, rights of way, alignment, or
				  transportation mode or configuration identified in the proposal as being
				  involved in or related to the proposed project, and proposer agrees to
				  indemnify and hold the state harmless against any such claim made by any of its
				  contractors, subcontractors, agents, employees and assigns.
The waiver and release of rights in this section do not apply
				  to a proposer's rights in any documents, designs and other information and
				  records that constitute "sensitive business, commercial or financial
				  information" as that term is defined and used in WAC
				  468-600-605.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-040,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › SOLICITED PROPOSALS › Section 468-600-100 - Department to establish programmatic approach to solicitation of TIP projects

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				shall establish a programmatic approach, or plan, for the selection and
				solicitation of TIP projects. The plan will include maintaining a registry of
				projects eligible for development under a competitive solicitation process. The
				projects must meet all eligibility requirements of WAC
				468-600-015(4).
				The projects should be reasonably described, including the status of any
				preliminary development or construction, and any public or private funds
				committed for any phase of the project, whether expended, appropriated,
				earmarked or otherwise identified as available for use.
(2) The department shall periodically update
				the information in the registry, and shall review and consider additions or
				deletions to the registry at least every two years. When considering additional
				projects for the registry, or removal of the projects on the registry, the
				department must publish a request for information that seeks comments and
				suggestions from the public and private sectors.
(3) At least once every two years, the
				department must develop a plan for conducting a solicitation of proposals under
				the TIP program. The purpose of this plan is to:
(a) Encourage sound programming and budgeting
				practices, which are the basis for submittals required under
				chapter
				43.88 RCW;
(b) Ensure that the department does not issue
				a request for proposals that exceeds the resources available to properly
				evaluate, select and enter into development agreements;
(c) Ensure that development of projects under
				the TIP program would not run contrary to any legislatively enacted direction
				or express executive policies or directions; and
(d) Provide potential proposers an
				anticipated schedule for the solicitation and development of certain projects
				on the registry.
In selecting projects for competitive solicitation, the
				  department should endeavor to follow the published plan for soliciting
				  proposals for projects on the registry. However, the department is not required
				  to solicit only those projects contained on the registry, nor is it required to
				  conduct a solicitation for a predetermined number of projects each year or
				  biennium, nor is it required to undertake projects in the exact order of
				  consideration as published in the
Register
.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › SOLICITED PROPOSALS › Section 468-600-102 - Selection of projects for solicitation

Current through Register Vol. 24-14, July 15, 2024
The department may select projects for development that it
				  believes would benefit from the formation of a public-private partnership under
				  the TIP program, and present a draft request for proposals for the selected
				  project or projects to the commission for review and approval to proceed with a
				  solicitation. In making its recommendation of projects for solicitation, the
				  department should seek those that offer the greatest potential to accelerate
				  cost-effective delivery of the project, promote innovative approaches to
				  delivering the project, provide a means of financing for the project that might
				  not otherwise be readily available under a traditional project delivery
				  process, or otherwise meet the policy goals established in
				  RCW
				   47.29.040. Before approving any projects
				  proposed for solicitation, the commission must ensure that the projects are
				  included in the Washington transportation plan or otherwise identified by the
				  commission as being a priority need for the state.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-102,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › SOLICITED PROPOSALS › Section 468-600-103 - Alternative process for soliciting projects authorized

Current through Register Vol. 24-14, July 15, 2024
When the department in its sole discretion deems it
				  appropriate to do so given the nature of the proposal, the department may
				  specify requirements for proposal content, and for criteria and procedures
				  under which the proposals will be evaluated and selected, that are in addition
				  to or in lieu of those provided for in WAC
				  468-600-105 through
				  468-600-110 and
				  468-600-300 through
				  468-600-350. Any alternative
				  process or processes so specified must comply with the requirements of
				  RCW
				   47.29.010 through
				  47.29.290. Examples of possible
				  alternative processes include:
(1)
				Issuing a request for qualifications, where proposers are ranked and selected
				based on the qualifications of the major partners, major subcontractors and key
				persons, which would result in a predevelopment agreement being entered into
				that authorizes the proposer to fully develop a detailed proposal that would be
				evaluated pursuant to WAC
				468-600-350;
(2) Issuing a request for proposals that
				invites the private sector to make proposals to develop eligible projects that
				are contained in the department's registry of projects under WAC
				468-600-100.
These examples are offered for illustrative purposes only,
				  and should not be construed to limit the scope of the state's discretion or
				  authority to develop proposal and evaluation criteria and processes for any
				  project as long as those criteria and processes comply with the requirements of
				  RCW
				   47.29.010 et seq.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-103,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › SOLICITED PROPOSALS › Section 468-600-105 - Issuance of requests for proposals

Current through Register Vol. 24-14, July 15, 2024
The department shall draft and issue requests for proposals
				  at the direction or on behalf of the commission pursuant to WAC
				  468-600-102. When drafting
				  requests for proposals (RFP), the department must specify requirements for
				  proposal content, and may identify criteria and procedures under which
				  proposals will be evaluated and selected. If the commission approves the
				  projects and the RFP proposed for solicitation, the department shall issue the
				  RFP and publish notice as provided in WAC 468-600-106. The department may set
				  the deadline for responses as it sees fit to encourage full knowledge,
				  opportunity and competition among private entities. At a minimum, the request
				  for proposals for each transportation project must include the
				  following:
(1)
General
				information.
(a) Notice of any
				preproposal conference as follows:
(i) The
				time, date and location of any preproposal conference;
(ii) Whether attendance at the conference
				will be mandatory or voluntary; and
(iii) A disclaimer that statements made by
				the department's representatives at the conference are not binding upon the
				state unless confirmed by written addendum.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › SOLICITED PROPOSALS › Section 468-600-110 - Public notice of solicitation

Current through Register Vol. 24-14, July 15, 2024
(1)
Notice and distribution fee.
The commission, or the department
				acting on behalf of the commission, shall furnish notice to a sufficient number
				of entities for the purpose of fostering and promoting competition. The notice
				shall indicate where, when, how, and for how long the solicitation document may
				be obtained and generally describe the work. The notice may contain any other
				appropriate information. The department may charge a fee or require a deposit
				for the solicitation document. The department may furnish notice using any
				method determined to foster and promote competition, including:
(a) Mail notice of the availability of
				solicitation documents ("notice") to entities that have expressed an interest
				in department procurements;
(b)
				Place notice on the state of Washington's electronic procurement system;
				or
(c) Place notice on the
				department's and the commission's internet web site.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-200 - Authority for the state to accept unsolicited proposals - Moratorium

Current through Register Vol. 24-14, July 15, 2024
The commission may not accept or consider any unsolicited
				  proposals before July 1, 2007.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-200,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-210 - Projects eligible for unsolicited proposals

Current through Register Vol. 24-14, July 15, 2024
Projects that are the subject of an unsolicited proposal must
				  meet the following minimum criteria:
(1) The project must meet the definition of
				an "eligible project" under WAC
				468-600-015(4);
(2) The project must not be listed in the
				registry of projects intended for a competitive solicitation, under WAC
				468-600-100;
(3) The project must be included in the
				Washington transportation plan or otherwise identified by the commission as
				being a priority need of the state.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-210,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-215 - Department's management of unsolicited proposals

Current through Register Vol. 24-14, July 15, 2024
(1) The department may, at any time, select
				any class, category or description of proposal or an eligible project,
				including any individual proposal or project, for the purpose of giving
				priority to the processing and consideration of unsolicited proposals by
				issuing a written order that declares that the department will give priority to
				the processing and consideration of unsolicited proposals for certain types of
				projects (or to a particular proposal), and describes the class or character of
				the proposals or projects (or the particular proposal or project) that are
				given priority. The priority order may either specify the term of the priority
				order, identify the submitted proposals (or proposal) that are subject to the
				priority order, or provide that the priority order will continue in effect
				until recalled by a subsequent order of the department.
(2) Commencing on the effective date of the
				order giving priority, the department may undertake expedited processing and
				consideration of unsolicited proposals (or a particular unsolicited proposal)
				for transportation projects of the class, category or description contained in
				the order. The limited resources of the department, in such cases, will require
				either the postponement of, or delay in, the processing and consideration of
				unsolicited proposals for projects that are not within a class, category or
				description that is subject to a priority order.
(3) By submitting an unsolicited proposal,
				each proposer thereby waives and relinquishes every claim of right, entitlement
				or expectation that:
(a) Its proposal will
				enjoy the benefit of a priority order; and
(b) The processing and consideration of its
				proposal will not be subject to postponement or delay arising out of the
				department's issuance of an order that gives priority to another proposal or to
				proposals for different classes, categories or descriptions of
				projects.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-220 - Submission of unsolicited conceptual proposals

Current through Register Vol. 24-14, July 15, 2024
(1) Subject to WAC
				468-600-210 through
				468-600-215, any private entity
				or unit of government may submit an unsolicited conceptual proposal for a
				project to the department for consideration under the transportation innovative
				partnership program.
(2) A proposal
				review fee in the amount prescribed by WAC
				468-600-230 must accompany any
				unsolicited conceptual proposal submitted by a private entity or unit of
				government.
(3) The proposer shall
				submit twenty copies, individually identified, of any unsolicited conceptual
				proposal in addition to the proposal bearing the signature of the authorized
				representative. The original proposal, required copies and processing fee shall
				be delivered to the department.
(4)
				The department will consider an unsolicited conceptual proposal only if:
(a) The proposed project is unique or
				innovative in comparison with, and is not substantially duplicative of, other
				transportation system projects included in the state transportation improvement
				program within the department or, if it is similar to a project in the state
				transportation improvement program, the proposed project has not been fully
				funded by the state or any other public entity as of the date the proposal is
				submitted, or the proposal offers an opportunity to materially advance or
				accelerate the implementation of the project. Unique or innovative features
				that may be considered by the department in evaluating such a proposal may
				include but are not limited to unique or innovative financing, construction,
				design, schedule or other project components as compared with other projects or
				as otherwise defined by state rules or regulations; and
(b) The conceptual phase includes all
				information required by and is presented in the format set out in WAC
				468-600-240. Such information
				shall include a list of any proprietary information included in the proposal
				that the proposer considers protected trade secrets or other information
				exempted from disclosure under either WAC
				468-600-605 or
				RCW
				 47.29.190.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-230 - Fees to accompany unsolicited proposals

Current through Register Vol. 24-14, July 15, 2024
(Reserved.)
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-230,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-232 - Alternative process authorized

Current through Register Vol. 24-14, July 15, 2024
When the commission in its sole discretion deems it
				  appropriate to do so given the nature of the proposal, the commission may
				  specify requirements for proposal content, and for criteria and procedures
				  under which the proposals will be evaluated and selected, that are in addition
				  to or in lieu of those provided for in WAC
				  468-600-240 through
				  468-600-370. Any alternative
				  process or processes so specified must comply with the requirements of
				  RCW
				   47.29.010 through
				  47.29.290. Examples of possible
				  alternative processes include:
(1)
				Selecting a proposal for development into a final agreement based on a unitary
				proposal instead of a two-step conceptual/detailed proposal process;
				and
(2) Proposers are ranked and
				selected based on the qualifications of the major partners, major
				subcontractors and key persons, which would result in a predevelopment
				agreement being entered into that authorizes the proposer to fully develop a
				detailed proposal that would be evaluated pursuant to WAC
				468-600-350.
(3) Nothing in this section, nor in these WAC
				rules, shall be construed to allow proposer conduct or participation in a
				project that would be prohibited under the Federal Highway Administration's
Conflict of Interest Guidelines
.
These examples are offered for illustrative purposes only,
				  and should not be construed to limit the scope of the state's discretion or
				  authority to develop proposal and evaluation criteria and processes for any
				  project as long as those criteria and processes comply with the requirements of
				  RCW
				   47.29.010 et seq.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-232,
					 filed 2/6/07, effective 3/9/07.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-240 - Contents and format of conceptual proposals

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				  RCW
				   47.29.170, unsolicited proposals are subject
				  to a two-step process. The first step is to submit the conceptual proposal. If
				  the concept is approved, the commission or department may ask for further
				  information in the form of a fully detailed proposal, which constitutes the
				  second step. An unsolicited or competing conceptual proposal shall include at
				  least the following information, unless waived by the department, separated by
				  tabs as herein described:
(1)
TAB 1: Qualifications and experience.
(a) Identify the legal structure of the
				private entity or consortium of private entities or of private and public
				entities (the "team") submitting the proposal. Identify the organizational
				structure of the team for the project, the team's management approach and how
				each major partner and major subcontractor identified as being a part of the
				team as of the date of submission of the proposal fits into the overall
				team.
(b) Describe the experience
				of each private entity involved in the proposed project. Describe the length of
				time in business, business experience, public sector transportation experience,
				PPP experience, development experience, design-build experience and other
				similarly sized engagements of each major partner and major subcontractor. The
				lead entity must be identified.
(c)
				Provide the names, addresses and telephone numbers of persons within the team
				who may be contacted for further information.
(d) Include the address, telephone number,
				and the name of a specific contact person at a public entity for which the
				private entity or the team or the primary members of the team have completed a
				development project, public-private partnership project or design-build
				project.
(e) Include the resumes
				for those managerial persons within the team that will likely be associated in
				a significant way with the project development and implementation.
(f) Provide financial information regarding
				the private entity or team and each major partner that includes, if available,
				the most recent independently audited financial statement of the private entity
				or team and of each major partner, and which demonstrates their ability to
				perform the work and project as set forth in the proposal, including ability to
				obtain appropriate payment and performance bonds.
(g) Submit executed disclosure forms,
				prescribed by the department, for the team, each major partner and any major
				subcontractor.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-600 - Transportation innovative partnership program › UNSOLICITED PROPOSALS › Section 468-600-250 - Contents and format of detailed proposals

Current through Register Vol. 24-14, July 15, 2024
If the preliminary conceptual proposal is accepted, the
				  commission or the department may request a detailed proposal. A detailed
				  proposal shall include all information required in the conceptual proposal
				  under WAC
				  468-600-240, with additional
				  discussion, description and details, and with updates and refinements as
				  necessary to keep the document most current. In addition, the following
				  information must be included, unless waived by the department:
(1)
TAB 2: Project
				characteristics.
(a) Provide a detailed
				description of the eligible project or projects, including all proposed
				interconnections with other existing transportation facilities or known
				publicly identified projects. Describe the project in sufficient detail so the
				type and intent of the project, the general location of the project, and the
				communities that may be affected by the project are clearly identified.
				Describe the assumptions used in developing the project.
(b) Identify any significant local, state or
				federal services or practical assistance that the proposer contemplates
				requesting for the project. In particular, identify and describe any
				significant services that will need to be performed by the department such as
				right of way acquisition or operation and maintenance of the completed
				project.
(c) Include a preliminary
				list of all significant federal, state, regional and local permits and
				approvals required for the project. Identify which, if any, permits or
				approvals are planned to be obtained by the department.
(d) List the critical factors for the
				project's success.
(e) Identify the
				proposed preliminary schedule for implementation of the project.
(f) Describe the assumptions related to
				ownership, law enforcement and operation of the project and any facility that
				is part of the project.
(g)
				Describe the payment and performance bonds, guarantees, letters of credit and
				other performance security, if any, that the proposer will provide for the
				project.
(h) Identify any public
				improvements that will be part of the proposed project that will constitute
				"public works" under
				RCW
				 47.29.020(5), the workers on
				which must be paid in accordance with Washington's prevailing rate of wage law,
				chapter
				39.12 RCW, and any public
				improvements the workers on which must be paid in accordance with the federal
				Davis-Bacon Act,  40 U.S.C. sections 3141 to 3148.
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 468-600-305 - Appointment of evaluation panel

Current through Register Vol. 24-14, July 15, 2024
The commission shall appoint and direct an evaluation panel
				  to commence a review and evaluation process as directed in this section. At a
				  minimum, the evaluation panel must consist of:
(1) Department staff;
(2) An independent representative of a
				consulting or contracting firm with no interests in the project, whose firm
				would be precluded from participating in any part of the project;
(3) An observer from the state auditor's
				office or the joint legislative audit and review committee;
(4) A person appointed by the commission;
				and
(5) A financial
				expert.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-305,
					 filed 2/6/07, effective 3/9/07.
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 468-600-310 - Preliminary review of proposals

Current through Register Vol. 24-14, July 15, 2024
(1)
				For solicited proposals, after the close of the proposal period, the department
				will conduct a preliminary review and certify receipt of those submitted
				proposals that have met the following criteria:
(a) The proposal is complete;
(b) The proposal is responsive; and
(c) The proposal meets any additional
				procedural or process requirements prescribed by the state.
Solicited proposals certified by the department under this
				  subsection will be forwarded to the evaluation panel under WAC
				  468-600-305.
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 468-600-315 - Commission review of unsolicited conceptual proposals

Current through Register Vol. 24-14, July 15, 2024
Following an assessment by the evaluation panel that an
				  unsolicited conceptual proposal merits further review, the commission will
				  review the recommendation and approve or disapprove the proposal for further
				  evaluation and action by the state. If approved for further review, the
				  commission shall direct the proposer to prepare a detailed proposal pursuant to
				  WAC 468-600-250.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-315,
					 filed 2/6/07, effective 3/9/07.
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 468-600-320 - Competing proposals

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				commission grants approval of a conceptual proposal for further evaluation and
				review, within thirty days of the commission's approval the department shall
				provide public notice of the proposed project. This notice shall:
(a) Be published in a newspaper of general
				circulation and upon such electronic web site providing for general public
				access as the department may develop for such purpose;
(b) Be provided to any county, city,
				metropolitan service district, or transportation district in which the project
				will be located;
(c) Be provided to
				any person or entity that expresses in writing to the department an interest in
				the subject matter of the unsolicited conceptual proposal and to any member of
				the legislature whose house or senate district would be affected by such
				proposal;
(d) Outline the general
				nature and scope of the unsolicited conceptual proposal, including the location
				of the transportation project and the work to be performed on the project;
				and
(e) Specify the address to
				which any competing conceptual proposal must be submitted.
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 468-600-331 - Factors for proposals that include tolling

Current through Register Vol. 24-14, July 15, 2024
If the project financing component of a proposal includes a
				  plan to impose tolls, the evaluation panel shall specifically consider:
(1) The opinions and interests of units of
				government encompassing or adjacent to the path of the proposed tollway project
				in having the tollway installed;
(2) The potential impact of the proposed
				tollway project on local environmental, aesthetic and economic conditions and
				on the economy of the state in general;
(3) The extent to which funding other than
				state funding is available for the proposed tollway project and the extent to
				which resources other than tolls would be required to be established and/or
				maintained as necessary security to support such a financing;
(4) The likelihood that the estimated use of
				the tollway project will provide sufficient revenues to independently finance
				the costs related to the construction and future maintenance, repair and
				reconstruction of the tollway project, including the repayment of any loans to
				be made from moneys in the transportation innovative partnerships account
				created under
				RCW
				 47.29.230 or other accounts;
(5) With respect to tollway projects, any
				portion of which will be financed with state funds or department loans or
				grants:
(a) The relative importance of the
				proposed tollway project compared to other proposed tollways; and
(b) Traffic congestion and economic
				conditions in the communities that will be affected by competing tollway
				projects; and
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 468-600-340 - Proposer presentations

Current through Register Vol. 24-14, July 15, 2024
At any time during the evaluation process, the evaluation
				  panel may request proposers to make presentations to the panel. Proposers shall
				  be afforded not less than ten business days following written notification from
				  the panel to prepare such presentations. The format of these presentations will
				  include a formal presentation by the proposer, followed by any questions the
				  evaluation panel may have pertaining to the project proposal or the
				  presentation. These meetings will allow the evaluation panel to seek
				  clarification of project elements and complete deliverable requirements, and
				  provide proposers with the opportunity to further explain their proposed
				  projects. If there is an issue to which the proposer is unable to respond
				  during the formal presentation, the evaluation panel may, at its discretion,
				  grant the proposer a reasonable period of time in which to submit a written
				  response.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-340,
					 filed 2/6/07, effective 3/9/07.
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 468-600-345 - Required supplements or refinements to proposals

Current through Register Vol. 24-14, July 15, 2024
(1) The department reserves the right to
				require or to permit proposers to submit, at any time, revisions,
				clarifications to, or supplements of their previously submitted proposals. The
				department may, in the exercise of this authority, require proposers to add
				features, concepts, elements, information or explanations that were not
				included in their initial proposals, and may require them to delete features,
				concepts, elements, information or explanations that were included in their
				initial proposals. A proposer will not be legally bound to accept a request to
				add to or delete from a proposal any feature, concept, element or information,
				but its refusal to do so in response to a request by the department shall
				constitute sufficient grounds for the department to elect to terminate
				consideration of its proposal.
(2)
				After the department's opening and review of proposals, the department may
				issue or electronically post an addendum to the request for proposals that:
(a) Requires proposers to address or add
				physical features or elements, and information or explanations that were not
				included in their initial proposals; or
(b) Requires proposers to delete physical
				features or elements that were included in their initial proposals;
				or
(c) Change the method by which
				the department will send any such addendum that it issues by a method other
				than electronic posting to all proposers to continue in the proposal process;
				or
(d) Any addendum issued will
				contain a deadline by which the proposers must submit to the department any
				additions to, modifications of or deletions from their proposals.
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 468-600-350 - Evaluation panel recommendation to commission

Current through Register Vol. 24-14, July 15, 2024
(1) After reviewing the proposals and hearing
				presentations from proposers, the evaluation panel will prepare a written
				determination, based on facts and circumstances presented in the proposals and
				the presentations, that one or more proposals merit selection and advancement
				into a contract negotiation phase or to contract execution. In its written
				determination regarding any proposal, the evaluation panel may specify
				conditions that it recommends the proposer be required to satisfy before
				proceeding to contract negotiations. By way of example, such conditions may
				include, but are not limited to:
(a) Requiring
				the proposer to provide additional information or clarification concerning
				elements or parts of its proposal;
(b) Requiring the proposer to develop and
				submit additional information confirming the technical feasibility of the
				proposed project;
(c) Requiring the
				proposer to develop and submit additional information confirming that the
				proposed project complies with or can be brought into compliance with relevant
				local and state transportation plans, restrictions on property use, and
				environmental laws, or that the project and the applicable plans, restrictions
				and environmental laws can otherwise be brought into conformity;
(d) Requiring the proposer to commit in
				writing to the department to undertake good faith efforts to modify or adjust
				the proposal in specific ways, or to incorporate steps, characteristics or
				features that the department identifies as necessary or desirable to enhance
				the feasibility, public acceptance, transportation efficiency, or economy in
				execution or operation, of the project;
(e) Otherwise requiring the proposer to
				develop and present revisions to, or alternatives within, the proposal that
				will permit the department to obtain best value based on the requirements and
				evaluation criteria set forth in the notice or request for proposals and based
				on knowledge obtained by the department by virtue of its review and evaluation
				of the proposals; and
(f) Requiring
				the proposer to enter into an interim agreement, on terms satisfactory to the
				proposer and the state, under which the proposer will provide services to the
				department in connection with the development of the proposal or further
				development of the project, including assistance to the department in obtaining
				any necessary regulatory approvals.
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 468-600-355 - Commission review and selection of proposals

Current through Register Vol. 24-14, July 15, 2024
The commission shall review the proposals, the assessments
				  and the recommendations of the evaluation panel. Based on that review, the
				  commission may:
(1) Select one
				proposal to advance to execution of a contract or development agreement;
				or
(2) Select one proposal to
				advance to negotiations of a contract or development agreement; or
(3) Select one proposal to advance to
				execution or negotiations of a contract or development agreement, subject to
				the proposer's willingness and ability to satisfy specified conditions;
				or
(4) Pursuant to WAC
				468-600-360, select more than one
				proposal from which to conduct competitive negotiations; or to continue
				competitive negotiations for a specified period of time; or
(5) Reject all proposals. For purposes of
				this section, competitive negotiations means negotiations authorized under WAC
				468-600-360, for the purposes of
				refining and arriving at a final selection of a proposer. This term does not
				refer to negotiations for a contract or development agreement as provided in
				WAC 468-600-710.
Statutory Authority:
					 RCW
					 47.29.030. 07-04-095, § 468-600-355,
					 filed 2/6/07, effective 3/9/07.
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 468-600-360 - Commission's authority to elect competitive negotiations

Current through Register Vol. 24-14, July 15, 2024
(1) In addition to the commission's ability
				to exercise any alternative process permitted under WAC
				468-600-232, the commission may
				authorize, at its option, competitive negotiations with more than a single
				proposer as a means of selecting from among competing proposals submitted under
				these rules.
Negotiations under this section are part of the proposal
				  evaluation process and do not constitute the negotiation of a project
				  agreement.
(2) The
				commission may announce its election to conduct competitive negotiations:
(a) In any notice issued for solicited
				proposals under WAC
				468-600-105; or
(b) By written notice, by mail or by
				electronic means, to the proposers, issued at any time following the state's
				receipt of proposals under WAC
				468-600-220.
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 468-600-365 - Protests of rejection of proposal/award of contract to competitor in competing proposals context

Current through Register Vol. 24-14, July 15, 2024
(1) At least
				fourteen calendar days prior to the final selection of the successful proposer
				in any competitive proposal selection process, the department will give,
				electronically or otherwise, written notice to all participating proposers of
				the commission's apparent selection of the successful proposer. A proposer who
				would be adversely affected by the selection announced in the notice may,
				within fourteen calendar days after the date of the department's notice, submit
				to the department a written protest of the selection of the apparent successful
				proposer.
(2) For purposes of this
				rule, a protesting proposer is adversely affected by a selection only if the
				proposer has submitted a responsive competing proposal and is next-in-line for
				selection. In other words, the protesting proposer must demonstrate that all
				higher-scoring proposers are ineligible for selection because either:
(a) The higher-scoring proposals were not
				responsive to the requirements stated in the department's solicitation
				documents; or
(b) The department
				committed a substantial violation of a provision in the department's notice
				requesting competitive negotiation, in these rules, or in chapter 47.29 RCW, or
				otherwise abused its discretion, in evaluating the revised proposals.