HAR §15-110-14. Request for proposals process, specified steps

(a) Subject to this subchapter and other applicable law, the request for proposals process shall be as provided in this section. (b) The request for proposals shall be developed and prepared by the executive director and shall, among other things: (1) Describe the convention center facilities and utilization estimates; (2) Describe the general operating objectives and expectations of the authority; (3) Describe the term of the management agreement and option provisions; (4) Describe the scope of services to be provided by the manager; (5) Describe the submission requirements; (6) Describe the qualification and evaluation criteria and the evaluation process; (7) Describe the request for proposal timetable; (8) Invite qualified parties to submit a timely proposal to manage, operate, and maintain the convention center; (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 one (1) time in a major Honolulu newspaper. Additional publication may be accomplished in the authority's reasonable discretion or if necessary to comply with applicable laws. (e) All proposals shall comply with the requirements of this subchapter, the request for proposals, section 15-106-24, chapter 103D, HRS, and the applicable rules promulgated thereunder. The contents of any proposal received shall be kept confidential and shall not be disclosed to the public or to other parties who are participating in the request for proposals process until after a management agreement is executed, but only to the extent required by chapter !03D, HRS, and the applicable rules promulgated thereunder. (f) 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. The authority may reject any or all proposals when in the authority's sole and independent opinion such rejection will be in the best interest of the State. (g) As soon as practicable following the submission deadline, an evaluation board named by the authority's executive director shall begin the review and evaluation of all responses to the request for proposals that comply with the submission requirements. Upon completion of the review, the evaluation board shall provide recommendations to the authority. The evaluation board may be advised by functional area experts who may review selected portions of the proposals. (h) The authority may require each party who has submitted a response to make a presentation of its proposal to the authority or the evaluation board. These presentations shall be timed, scheduled, and otherwise organized at the sole discretion of the authority. Parties responding to the request for proposals may be required to disseminate proprietary or other confidential information during such presentations, therefore, the authority may limit presentations to members of the authority, officers and staff of the authority, consultants retained by the authority, counsel to the authority, members of the evaluation board and such other persons or public agencies as the authority deems appropriate to assist in the review and evaluation process. The authority shall keep the substance of the presentations private and confidential until after a management agreement for the convention center has been finalized and executed, and thereafter, public disclosure shall only be made to the extent required by chapter 103D, HRS, and the applicable rules promulgated thereunder. 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 proposal at the presentation sessions. (i) The authority or its evaluation board may, if required, request one or more proposers to clarify portions of their proposals. Clarification will not involve substantive changes to the proposal and will be used for clarification only. Requests for clarification and responses thereto shall be in writing. (j) The authority shall select the zest and final proposal through the process of evaluation, selection and negotiation set forth in the request for proposal and shall conclude negotiations and execute a management agreement in accordance with the procedure set forth in the request for proposal. (k) The authority shall not enter into a management agreement unless the party selected has fully complied with all provisions of chapter 206X, HRS, and all applicable laws. The management 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 management agreement to applicable law. (l) If the authority and the selected proposer fail to enter into a management agreement within the time specified in the request for proposal or such additional time as the authority may agree to or if the authority determines that satisfactory progress is not being made toward execution of a convention center management agreement, the authority, in its discretion, may take any of the following actions which the authority deems necessary or appropriate to best serve the purposes, policies, and provisions of chapter 206X-HRS: (1) Disqualify the selected proposal and select a new proposal from the remaining qualified proposals; (2) Disqualify the selected proposal and repeat the request for proposals process. [Eff 2/26/96 ] (Auth: HRS §206X-4) (Imp: HRS §206X-4, 206X-5)