LEGISLATIVE REQUIREMENTS FOR UNSOLICITED PROPOSALS FLORIDA COUNCIL FOR PUBLIC/PRIVATE PARTNERSHIPS OCTOBER 3, 2013 Lee A. Weintraub, Esq. Becker & Poliakoff, P.A Stirling Road Ft. Lauderdale, FL

Section applies to any facility or project serving a public purpose It applies to counties, municipalities, school boards, any other political subdivision of the state, and any public body, corporate and politic

Public Entity Guidelines Formal establishment or adoption of guidelines by public entity is not required for entity to request or receive P3 proposals  Public entity may adopt its own guidelines provided they are consistent with this statute

Procurement Procedures Public entity may receive unsolicited proposals or may solicit proposals through traditional procurement methods Public entity may establish a reasonable application fee for unsolicited proposals  Fee must be sufficient to pay costs of evaluating the proposal  Public entity may hire private consultants to assist in the evaluation, paid for by private entity

CONTENTS OF UNSOLICITED PROPOSALS Unsolicited proposal must be accompanied by following items, unless waived by public entity:  Conceptual design of facility and schedule for construction  Description of method by which private entity proposes to secure necessary property interests  Description of private entity’s general plans for financing project Includes sources of private entity’s funds and identity of any dedicated revenue source or proposed debt or equity investment on behalf of private entity

CONTENTS OF UNSOLICITED PROPOSALS  Proposed user fees, lease payments or other service payments over term of agreement Including methodology for and circumstances that would allow changes to user fees

Procurement Procedures If the public entity intends to enter into a comprehensive agreement, it must publish notice in the Florida Administrative Register and newspaper of general circulation at least once a week for two weeks

Procurement Procedures Notice must provide that the public entity has received a proposal and will accept other proposals for the same project Time frame for accepting other proposals shall be determined by public entity on project by project basis  Based upon complexity of the project and the public benefit to be gained by allowing a longer or shorter period of time for competing proposals  Time frame must be at least 21 days, but no more than 120 days, after initial date of publication Copy of the notice must be mailed to each local government in affected area

Project Qualification and Process After competitive bidding period has expired, public entity ranks proposals received in order of preference  Public entity may consider professional qualifications, general business terms, innovative design techniques, cost reduction terms, and finance plans  Private entity must meet minimum standards contained in public entity’s guidelines for qualifying professional services & contracts for traditional procurement projects

Project Qualification and Process Public entity may then begin negotiating with highest ranked firm  If pubic entity is not satisfied with results of negotiations, public entity may terminate negotiations and begin negotiating with second ranked firm  Public entity may reject all proposals at any point in process

Project Qualification and Process Public entity shall perform independent analysis of proposed P3 to demonstrate cost-effectiveness & overall public benefit before initiating procurement process or awarding contract

Procurement Procedures Public entity is authorized to approve project if:  Project is in public’s best interest  Facility is owned by public entity or ownership will be conveyed to public entity  Adequate safeguards in place to ensure additional costs or service disruptions are not imposed on public if material default or cancellation of agreement  Adequate safeguards in place to ensure capacity may be added if desired  Estimated cost is reasonable in relation to similar facilities