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

Haw. Code R. § 19-170-44

[Eff MAY 5 2013] (Auth: HRS § 206J-5) (Imp: HRS §§ 2065-5, 2065-11)