OAR 731-070-0060
Contents and Format of Detailed or Competing Proposals
(1)
A Detailed unsolicited or Competing Proposal shall include the following information, except as expressly waived by the Department, separated by tabs as herein described:(a)
TAB 1: Qualifications and Experience.(A)
Identify the legal structure of the private entity or consortium of private entities or of private and public entities (the “Team”) submitting the proposal. Identify the organizational structure of the Team for the Project, the Team’s management approach and how each Major Partner and Major Subcontractor identified as being a part of the Team as of the date of submission of the proposal fits into the overall Team.(B)
Describe the experience of each private entity involved in the proposed Project. Describe the length of time in business, business experience, public sector transportation experience, PPP experience, development experience, design-build experience and other similarly sized engagements of each Major Partner and Major Subcontractor. The lead entity must be identified.(C)
Provide the names, addresses and telephone numbers of persons within the Team who may be contacted for further information.(D)
Include the address, telephone number, and the name of a specific contact person at a public entity for which the private entity or the Team or the primary members of the Team have completed a development project, public-private partnership project or design-build project.(E)
Include the resumes for those managerial persons within the Team that will likely be associated in a significant way with the Project development and implementation.(F)
Provide financial information regarding the private entity or Team and each Major Partner that includes, if available, the most recent independently audited financial statement of the private entity or Team and of each Major Partner, and which demonstrates their ability to perform the work and Project as set forth in the Detailed Proposal, including ability to obtain appropriate payment and performance bonds.(G)
Submit executed conflict of interest disclosure forms, prescribed by ODOT, for the Team, each Major Partner and any Major Subcontractor.(b)
TAB 2: Project Characteristics.(A)
Provide a detailed description of the Transportation Project or Projects, including all proposed interconnections with other existing transportation facilities or known publicly identified projects. Describe the Project in sufficient detail so the type and intent of the Project, the general location of the Project, and the communities that may be affected by the Project are clearly identified. Describe the assumptions used in developing the Project.(B)
Identify any significant local, state or federal services or practical assistance that the proposer contemplates requesting for the Project. In particular, identify and describe any significant services that will need to be performed by the Department such as right-of-way acquisition or operation and maintenance of the completed Project.(C)
Include a preliminary list of all significant federal, state, regional and local permits and approvals required for the Project. Identify which, if any, permits or approvals are planned to be obtained by ODOT.(D)
List the critical factors for the Project’s success.(E)
Identify the proposed preliminary schedule for implementation of the Project.(F)
Describe the assumptions related to ownership, law enforcement and operation of the Project and any facility that is part of the Project.(G)
Describe the payment and performance bonds and guarantees that the Team will provide for the Project.(H)
Identify any public improvements that will be part of the proposed Transportation Project that will constitute “public works” under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870)(5), the workers on which must be paid in accordance with Oregon’s Prevailing Rate of Wage Law, ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage), and any public improvements the workers on which must be paid in accordance with the federal Davis-Bacon Act, 40 USC sections 3141 to 3148.(c)
TAB 3: Project Financing.(A)
Provide a projected budget for the Project based on proposer’s prior experience on other projects or other cost projection factors and information.(B)
Include a list and discussion of assumptions (e.g., user fees, toll rates and usage of the facility) underlying all major elements of the plan for the Project.(C)
Identify the proposed risk factors relating to the proposed Project financing and methods for dealing with these factors.(D)
Identify any significant local, state or federal resources that the proposer contemplates requesting for the Project. Describe the total commitment (financial, services, property, etc.), if any, expected from governmental sources; the timing of any anticipated commitment; and its impact on project delivery.(E)
Identify any aspect of the financial model for the Transportation Project that implicates or potentially implicates restrictions on the use of highway-related revenues under Article IX, section 3a of the Oregon Constitution, and explain how the financial model avoids conflicting with those restrictions.(F)
Identify the form of the Private Contribution and the members of the Team that will make the Private Contribution and the proposed compensation for such Private Contribution.(G)
Provide an explanation of how funds for the Transportation Project will be segregated, accounted for and expended in a manner that ensures that any moneys from the state highway fund will be expended exclusively for the construction, reconstruction, improvement, repair, maintenance, operation and use of public highways, roads, streets and roadside rest areas in Oregon, as required by Article IX, section 3a(1), of the Oregon Constitution.(H)
Identify, to the extent possible, proposed financing Team members, including banks, investment banks, equity investors, credit enhancement providers, bond trustees and legal counsel to the same.(d)
TAB 4: Public Support/Project Benefit/Compatibility.(A)
Identify who will benefit from the Project, how they will benefit and how the Project will benefit the overall transportation system.(B)
Identify any anticipated government support or opposition, or general public support or opposition, for the Project.(C)
Explain the strategy and plans that will be carried out to involve and inform the agencies and the public in areas affected by the Project.(D)
Describe the significant social and economic benefits of the Project to the community, region or state and identify who will benefit from the Project and how they will benefit. Identify any state benefits resulting from the Project including the achievement of state transportation policies or other state goals.(f)
TAB 5: Special Deliverables.(A)
Provide a statement setting out the plan for securing all necessary real property, including proposed timeline for any necessary acquisitions.(B)
Provide proposed design, construction and completion guarantees and warranties.(C)
Include traffic studies, forecasts and related materials that establish Project revenue assumptions, including, if any, user fees or toll rates, and usage of the facility.(D)
Provide such additional material and information as ODOT may reasonably request.(2)
All pages of a proposal shall be numbered. Each copy of the proposal will be bound or otherwise contained in a single volume where practicable. All documentation submitted with the proposal will be contained in that single volume.(3)
A proposal submitted by a Private Entity must be signed by an authorized representative of the Private Entity submitting the proposal.(4)
The proposer shall include a list of any proprietary information included in the proposal which the proposer considers protected trade secrets or other information exempted from disclosure under ORS 367.804 (Goals of Oregon Innovative Partnerships Program) and OAR 731-070-0280 (Public Records Requests) and 731-070-0290 (Designation of Sensitive Business, Commercial or Financial Information and Trade Secrets).
Source:
Rule 731-070-0060 — Contents and Format of Detailed or Competing Proposals, https://secure.sos.state.or.us/oard/view.action?ruleNumber=731-070-0060.