22 CAR § 101-104. Requests for proposals

(a) A responsible public entity (RPE) may issue a request for proposal (RFP) or an invitation for bid (IFB) for the development of a qualifying project if the RPE determines: (1) There is a public need or benefit from the type of qualifying project being proposed; (2) The proposals or bids are anticipated to result in the timely development of a qualifying project; and (3) The qualifying project being considered satisfies or is anticipated to satisfy the criteria identified in this part. (b) At least sixty (60) days prior to the issuance of the proposed RFP, the RPE shall prepare and submit the proposed RFP to the Department of Shared Administrative Services for advice and approval. (c) Upon approval and issuance of the RFP, the RPE shall: (1) Notify each affected local jurisdiction and other public entities with shared responsibilities or concurrent authority in writing; (2) Make publicly available the Responsible Public Entity Application and RPE designation and any available Partnership for Public Facilities and Infrastructure Act, Arkansas Code § 22-10-101 et seq., program manuals; and (3) Identify a representative from the RPE to serve as the contact person for private entities considering submitting a proposal. (d)(1) An RPE may issue a request for information (RFI), a request for qualifications (RFQ), or both, prior to issuing an RFP. (2) Information received in an RFI may be utilized by an RPE to gauge interest in the project and develop more detailed, and technically specific, RFQs and RFPs. (3)(A) An RFI is not a commitment to issue an RFQ or an RFP and responses are not required for future procurements. (B) Responses are voluntary and do not create any preferential treatment or other advantage or disadvantage in any subsequent procurement process. (4) If the RFQ is conducted separately from an RFP, then RFQ responses shall describe the company or individual's general qualifications to perform a service, a capital improvement, or supply a product. (5) The time required to complete the RFI or RFQ process, or both, is not contingent upon the timeframes specified in this part but should be completed within six (6) months to ensure timely development of the project. (e) The RPE shall publish the RFP one (1) time per week for three (3) consecutive weeks in a newspaper of statewide circulation. (f)(1) The period of time between the date of initial RFP publication and the RFP response deadline shall be in accordance with the timelines outlined in this part. (2) The RFP response deadline may be extended by the RPE up to an additional one hundred twenty (120) days with the consent of the department. (g) All proposals received in response to the RFP from private entities shall be evaluated in accordance to this part. (h) A qualifying project shall be developed only after the RPE has issued an RFP. (i)(1) A private entity that intends to be considered for a qualifying project is encouraged to submit a proposal to the RPE. (2) Private entities are encouraged to support the participation of: (A) Small business; (B) Minority business; and (C) Service-disabled veteran business enterprises. (j)(1) Any affected local jurisdiction and other public entities with shared responsibilities or concurrent authority shall have until the RFP response deadline to submit written comments to the RPE regarding the proposed qualifying project. (2) Written comments should include whether the proposed qualifying project is compatible with local plans and budgets.