HAR §15-107-11. Request for proposals process, specific steps

(a) Subject to this chapter and other applicable law, the request for proposals process shall be as provided in this section. (b) The request for proposals may be developed and prepared by the executive director in conjunction with any consultants approved by the authority, and shall: (1) Delineate the convention center district subject to the convention center development plan; (2) Describe the purposes, policies, and provisions of chapter 206X, HRS, which must be fulfilled by the convention center development plan; (3) Invite any developer to submit a timely proposal for a convention center development plan; (4) Describe and prescribe a request for proposals schedule; (5) Prescribe criteria for evaluating and selecting a proposal and for approving a convention center development plan; (6) Describe and prescribe a qualification procedure to qualify developers; and (7) Describe the information and materials which must be submitted in response to the request for proposals. (c) The authority shall approve the request for proposals prior to its issuance. (d) Appropriate notice of the request for proposals shall be published not less than three times in a major Honolulu newspaper. No more than one of the three publications shall be made on any one day or on two consecutive days. Notice of the request for proposals shall also be published once in a trade journal of national circulation. Additional publication may be accomplished in the authority's reasonable discretion. (e) The request for proposals may require all persons intending to submit a proposal to give the authority a written notice of intention to submit a proposal and such other information which would permit the authority to determine the qualifications of the developer. (f) The authority shall hold a pre-qualification briefing for all interested developers as soon as practicable following the last publication of the notice of request for proposals to discuss the objectives to be fulfilled by the convention center development plan, the request for proposals process, and the evaluation and selection criteria. (g) The request for proposals may require that any developer interested in developing the convention center 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, design and construction budgets, and a timetable for construction, as further provided for in section 15-107-12. All proposals shall comply with the requirements of this chapter, the request for proposals, and section 15-106-24. The contents of any proposal received shall be kept confidential and shall not be disclosed to the public or to other developers who are participating in the request for proposals process until after a development agreement is executed, except that the authority reserves the right to publicly display any models or renderings submitted with any proposal. (h) The request for proposals shall provide that all proposals, along with any security the authority may reasonably require, shall be received by the authority within a definite and prescribed period of time. The authority, in its reasonable discretion, may refuse to accept or consider any proposal which is untimely, unsecured, or not in compliance with the request for proposals or the submission requirements and qualifications as set forth in section 15-107-12. The authority may reject any or all proposals when in the authority's opinion such rejection will be in the best interest of the State. (i) As soon as practicable following the submission deadline, the authority shall begin the review and evaluation of all responses to the request for proposals that comply with the submission requirements. The authority may require each developer who has submitted a response to make a presentation of its proposal to the authority. These presentations shall be timed, scheduled, and otherwise organized at the sole discretion of the authority. Developers responding to the request for proposals may be required to disseminate proprietary or other confidential information during such presentations. Therefore, the authority shall limit presentations to members of the authority, officers and staff of the authority, consultants retained by the authority, counsel to the authority and such other persons or public agencies the authority deems appropriate to assist in the review and evaluation process; provided however, that the presentations may be open to the public if the presentations do not affect the integrity of the request for proposals process. Unless the presentations are opened to the public, the authority shall keep the substance of the presentations private and confidential until after a development agreement for the convention center has been finalized and executed. The presentations shall be exclusively for purposes of fact- finding and investigation, and in no case shall the authority make any decisions or deliberate toward any decision regarding selection of a developer or development proposal at the presentation sessions. (j) As soon as practicable following the completion of the review and evaluation process, the authority shall select a proposal and shall publicly announce the selection of the developer. Thereafter, the authority shall enter into negotiations with the selected developer for a convention center development plan and a development agreement for the plan, and shall conclude their negotiations and execute a development agreement as set forth in subsection (1). (k) The authority shall not enter into a development agreement with a developer unless the developer has fully complied with all provisions of chapter 343, HRS, applicable to the convention center development plan or the developer has given reasonable assurances that they will be in compliance. The development agreement shall require the deposit of such security as the authority deems proper, and shall contain provisions which the authority deems necessary or appropriate to carry out the purposes, policies, and provisions of chapter 206X, HRS, to protect the legitimate interests of the authority and the State, and to conform the development agreement to applicable law. (l) If the authority and the selected developer fail to enter into a development agreement within sixty-days after the selection of the developer or such additional time as the authority may agree to or if the authority determines that satisfactory progress is not being made toward a convention center development plan, or a development agreement for the plan, the authority, in its discretion, may take any of the following actions which the authority deems necessary or appropriate to best serve the purposes, polices, and provisions of chapter 206X-HRS: (1) Disqualify the selected developer and select a new developer from the remaining qualified proposals; (2) Disqualify the selected developer and repeat the request for proposals process. [Eff 11/20/89; am and comp FEB 25 1994] (Auth: HRS §206X-4) (Imp: HRS §§206X-4, 206X-5)