R850-170-900. Competing Proposals

(1) If the agency receives credible competing proposals in response to the solicitation process conducted pursuant to Section R850-170-800, the director may select a proposal using the following methods: (a) Sealed Bid Process. (i) The director shall give the competing applicants notice setting forth the date on which the applicants must submit a final sealed proposal to the agency. (ii) The director may reject proposals received after the established due date. (iii) The director may require proposals for a lease to include the first year's rental, proposals for a sale to include a down payment on the proposed purchase price, and payments to cover the agency's costs of advertising and application fees. (iv) The director shall evaluate proposals using the following criteria: (A) income potential; (B) potential enhancement of trust lands; (C) development timeline; (D) applicant qualifications; (E) desirability of proposed use; and (F) any other criterion deemed appropriate by the director. (b) The director may negotiate with the applicants or interested persons to create a proposal that best satisfies the objectives of Rule R850-2. (2) The director may terminate the application process at any time in its sole discretion.