22 CAR § 101-105. RFP evaluation criteria

(a)(1) RFPs should ascertain the private entity’s capability to: (A) Complete the proposed qualifying project in a timely manner; and (B) Ensure that proposed benefits will be derived throughout the life of the project. (2) RFPs should request a scope of work and financial plan, including anticipated revenues, to allow the RPE to thoroughly analyze the financial feasibility of competing proposals. (3) Broad topical categories of the RFP should include: (A) Qualifications and experience. Capacity and capability to develop project; (B) Scope and purpose of project (project characteristics). Technical and structural feasibility of qualifying project; (C) Project benefit and compatibility with existing plans. Integration of project with existing plans and future benefit; and (D) Financing plans. Fiscal feasibility and financial sustainability. (b) RFP responses shall be reviewed by an evaluation committee comprised from the following entities: (1) One (1) designee from the Department of Shared Administrative Services; (2) One (1) designee from the Department of Commerce; and (3)(A) At least three (3) designees from the responsible public entity. (B) Supervisors and their subordinates should not serve jointly without prior approval of the Department of Shared Administrative Services. (c)(1) The evaluation committee shall review and rank all RFP responses in accordance with the criteria established by: (A) The RFP; (B) The Partnership for Public Facilities and Infrastructure Act, Arkansas Code § 22-10-101 et seq.; and (C) This part. (2) A scoring matrix may be weighted in any fair manner to adequately assess the critical elements of a proposal. (3) The RPE is not required to select the proposal with the lowest price but may consider price as one (1) variable in evaluating the proposals. (d) A financial analysis, including a comprehensive risk assessment, of each proposal should be conducted to ensure the proposed partnership meets the fiscal needs of the RPE with an acceptable level of risk. (e) The RPE may engage independent consultants to assist the evaluation committee in its review of proposals. (f)(1) During evaluation, the RPE may seek written clarification on any proposal. (2) A request for written clarification may not be used for negotiation or for the sole purpose of improving the response. (3) Any written clarifications received become part of the response. (g) After reviewing and scoring the proposals, the evaluation committee shall provide a list of qualified respondents, based on rankings, to the chief officer or executive director of the RPE. (h)(1) The RPE, in consultation with the Department of Shared Administrative Services and the Department of Commerce, shall begin negotiations with the first ranked qualified respondent of an interim or comprehensive agreement pursuant to this part. (2) If the RPE and the first ranked qualified respondent do not reach an interim or comprehensive agreement in the time specified, then the RPE may conduct negotiations with the next ranked qualified respondent without publishing a new RFP. (3) This process shall continue until the RPE executes an interim or comprehensive agreement with a qualified respondent or terminates the process. (4) At any time during the negotiation process, but before the execution of an interim or a comprehensive agreement, the RPE may, without liability to any private entity or third party: (A) Cancel the RFP; or (B) Reject all proposals received in response to the RFP. (i)(1) Any proposed agreements between the RPE and a qualified respondent shall be submitted to the Chief Fiscal Officer of the State and the Department of Shared Administrative Services for approval. (2) If approval by the Chief Fiscal Officer of the State is received for an interim agreement, the parties may continue negotiations of a comprehensive agreement. (3) Once a proposed comprehensive agreement has been reached, it shall be submitted to the Chief Fiscal Officer of the State and the Department of Shared Administrative Services for approval. (j)(1) Upon approval of a comprehensive agreement, the governing body of the RPE shall conduct a public hearing on the comprehensive agreement. (2) At least ten (10) days before the hearing, notice of the hearing must be published in a newspaper of general circulation in the locality to be affected. (3) The notice shall include: (A) The date, time, and location of the public hearing; (B) A general description of the project; (C) The identification of the parties to the comprehensive agreement and the roles that each have in the project; (D) The website where the proposed comprehensive agreement can be found by the public; and (E) The maximum principal amount of any bonds proposed. (4) The hearing shall be held within the locality to be affected. (k) For purposes of this part, if the RPE does not have an independent, appointed governing body, the governing body shall be composed of the following members: (1) Three (3) designees selected by the Secretary of the Department of Shared Administrative Services; (2) Two (2) designees selected by the Secretary of the Department of Commerce; (3) One (1) designee selected by the Secretary of the Department of Finance and Administration; and (4) One (1) designee selected by the responsible public entity. (l) If the RPE authorizes the execution of the comprehensive agreement at the public meeting, it shall be submitted to the Governor for approval and authorization to execute. (m)(1) A comprehensive agreement shall be executed within one hundred eighty (180) calendar days of the RFP submission deadline. (2) Upon approval of the Department of Shared Administrative Services, this deadline may be extended up to three hundred sixty-five (365) calendar days by mutual written agreement of the RPE and the qualified respondent.