Haw. Code R. § 19-170-44 - Request for proposals
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.
Notes
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