HomeMy WebLinkAboutORD 7578 AMENDMENT TO THE PROCUREMENT CODE TO INCLUDE THE ADOPTION OF PUBLIC-PRIVATE PARTNERSHIPS (P3) "UNSOLICITED PROPOSALS" ORDINANCE NO. —15 1 2.
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE TITLE ONE
CHAPTER TEN ARTICLE SEVEN SECTION 1-10-66 GUIDELINES; SECTION 1-10-67
TIME PERIOD FOR RECEIVING UNSOLICITED PROPOSALS AND FORMAT FOR
SUBMISSIONS; SECTION 1-10-68 PROCEDURES FOR THE FINANCIAL REVIEW
AND ANALYSIS OF AN UNSOLICITED PROPOSAL; SECTION 1-10-69 CRITERIA
FOR IDENTIFYING AND APPOINTING ADVISORS; SECTION 1-10-70 CRITERIA
FOR DETERMINING FEES; SECTION 1-10-71 PROCEDURES FOR DETERMINING
RELEASE OF INFORMATION CONTAINED IN UNSOLICITED PROPOSALS;
SECTION 1-10-72 REQUEST FOR PROPOSALS; SECTION 1-10-73 PROCEDURES
FOR POSTING AND PUBLISHING NOTICE OF THE OPPORTUNITY TO OFFER
COMPETING PROPOSALS; SECTION 1-10-74 PROCEDURES FOR PROCESSING,
REVIEW AND CONSIDERATION OF COMPETING PROPOSALS; SECTION 1-10-75
TERMS AND DEFINITIONS;TO REPEAL ALL CODE SECTIONS AND ORDINANCES
AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH;
TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED
HEREIN.
WHEREAS,effective May 5,2015,the State legislature enacted the Public-Private Facilities and
Infrastructure Act of 2015 (the "PPFIA") (OCGA §36-91-110 et seq.) which provides a process
for local governments to partner with private entities for the development of a wide range of
projects for public use if the public entity determines there is a need for such projects and that
private involvement may provide such projects to the public in a timely or cost-effective fashion;
and
WHEREAS,Augusta,Georgia does not currently have a mechanism to fully evaluate unsolicited
qualifying projects; and
WHEREAS, Augusta, Georgia desires to update and amend its Code to ensure compliance with
OCGA §36-91-110 et seq. and other applicable state and Federal laws.
THE AUGUSTA,GEORGIA COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Chapter 10 Table of Contents as set forth in the AUGUSTA,
GA. CODE, re-adopted July 10, 2007, is hereby amended by striking the Table of Contents in its
entirety and inserting in lieu thereof new Table of Contents, as set forth in"Exhibit A"hereto.
SECTION 2. AUGUSTA, GA. CODE Sections 1-10-66 thru 1-10-75 Reserved as set forth in the
Augusta,Ga.Code,re-adopted July 10,2007,is hereby amended by striking these sections in their
entirety and inserting in lieu thereof new Code Sections 1-10-66 thru 1-10-75, as set forth in
"Exhibit B"hereto.
SECTION 3. This ordinance shall become effective on its adoption in accordance with applicable
laws.
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SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this I S4" day of takes y f 2017.
Hardie Da ns, r.
0.•stACH ititqA®
Ay As its Mayor
�. %j
NI)
lAtt2fS! t'e° f¢
4 -n•r . ' L>+ er, 4e996 rk of R- ssion
Seal: ���d.�..•'° #'�
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ,2017
and that such Ordinance has not been modified or rescinded as of the date hereof and the
undersigned further certifies that attached hereto is a true copy of the Ordinance which was
approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.--
Date: .4 A` - I D) 2v ) 1
First Reading ill .2011
Second Reading -Nl.k 1 I g.0I 1
2
EXHIBIT A
Strike:
Chapter-1421
.
Sec. 1 10 1. Purpose.
See. 1 10 3, c.,ppl cent...laws.
See. 1 10 n. Coos f it1. p .
1 I .
1 . . - . . .
Secy�o 9°.D ee nittions gene
1
Scc 10 ^f7 Conflict. fin is
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1
Se 1 1n 29. Contingent Fccs.
See--1-1-040-Penalties.
1 . . • • . . .
Sec. 1 10 32. Purpose.
See.. 1 10 33,TyPes-of specineaions
,
1
1 1 . .
1 • .
See-1 313 39. Inspection of purchases.
t • . 1
Se,. 1 10 41 Cost„ ,.data,
Sec 1 10 42 Costo ..lysis
3
SSec1 10 4A. Bid 1....,a...
. . 1 • . .. . . . . . . . . .. . . . . . . .
1 . '
Sec. 1 1-r0-448Qea c Fad's.
5c,.. 1 10 Ani Purchase-odder
pee 0-51 egue�t po
pec-. -x-52 ealed fie .
pen. 1 1!1 CGS Banking
Se . 1 10 56. Sole nt1
1
1 1 • . • .
c 1 10 61 Molt; term ,. „tract
1 . •".„•••••
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e 1 10 65 Multiple awards
p
AAS
1 1 • ' . .
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.
pee i0-78--Notiee
„0410 79. Final ty of decision
1 • I ' ,.
1 .
Sec.. 1 0 8v-vi Proc rement protests..
1 111 Sr/ L":11'..11
1 . . . • . .
Sec. 1 1 n1 8-rv-8ippeals
Sec. 1-1-85.TimefeF-fil
1 . .
Cnn 1 111 Q7
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appear at 1.e
1 1 ..•. . .
Sec. 1 0-90,11ear-mg•-pr-eeed es
C.... 1 10 01 il..t..,....;,..,t;..,, ..r r........;..;,.„. 11...,1
Sec.i 1-•10 92. Contract^chins
-
C.... 1 10 01 A„ ,.t. r^..,. ;^t� ,.1'111.+ t.. .,Ines.,..a l.;a ...il;..;t..+1 ev,.. .........ate t1...t ..,... .,
Article 10 Types ..1'Contracts
1 1
Sec. 1 10v-95—Public wor ks-eonctrac s
Article 1 1 ro ..at;....Proc.,,.ement
1 4
. . . . . . . . . . . . . .. . . . . . .. . .
1
1 1 • . . . .
See. 1•in nv rr.vviat-use-ef-f-acifitic`s..
peed 1- U -sta e con r-a^,
1 1 .. ...
ce^ 1 1n 102 Waiver
pee. 1 10 103. Purpose.
1 1
1 1 .
See,14n 106,n
�etainageT
1 1
1 1 .
. . . 1 p ! •
Sec. 1 10 109. Purpose.
iee.1 10 11-n 1-r ::ta
Sec. l 10 112. Po1;cSrtt-atement
1 .
1 . • • ,. \ •
II . .
pee. 1 10 120.DB Program o r.all g also
See.J 10 •12everabili?=
5
Chapter 1OB
• •. . • ..
Sec. 1 10 122 . Short title.
Se 1 10 12'2. Ob;ective.
Sec. 1 10.124.Polic_,
Se.. 1 10 125 Defi i
FTI. .CT-1Zf�l� � IIi IIS
C.... 1 10 11,7 D,..��....�.. ..a...;.,;�t....N...,
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Replace With:
CHAPTER 10
AUGUSTA, GEORGIA PROCUREMENT CODE
TABLE OF CONTENTS
ARTICLE 1GENERAL PROVISIONS AND DEFINITIONS
Sec. 1-10-1 Purpose.
Sec. 1-10-2 Application of this chapter.
Sec. 1-10-3 Supplementary laws.
Sec. 1-10-4 Good faith provision.
Sec. 1-10-5 Public access to procurement information.
Sec. 1-10-6 Preference for local suppliers,professional services and contractors.
Sec. 1-10-7 Value analysis.
Sec. 1-10-8 Compliance with state and federal requirement.
Sec. 1-10-9 Definitions-generally.
ARTICLE 2 SEC. 1-10-10 THROUGH SEC. 1-10-22. RESERVED,
Sec. 1-10-23 Authority and responsibility of procurement director.
Sec. 1-10-24 Centralization of procurement function,
Sec. 1-10-25 Contract administration.
Sec. 1-10-26 Unauthorized contracts.
6
Sec. 1-10-27 Conflicts of interests,
Sec. 1-10-28 Gratuities and kickbacks.
Sec. 1-10-29 Contingent Fees.
Sec. 1-10-30 Penalties.
Sec.1-10-31 Reporting of anti-competitive practices to state.
ARTICLE 4 PRODUCT SPECIFICATIONS
Sec. 1-10-32 Purpose.
Sec. 1-10-33 Types of specifications.
Sec. 1-10-34 Maximum practicable competition.
Sec. 1-10-35 Qualified products list.
Sec. 1-10-36 Background information on vendors.
Sec. 1-10-37 Product references in specifications.
Sec. 1-10-38 Responsibility for specifications.
Sec. 1-10-39 Inspection of purchases.
ARTICLE 5 REQUIREMENTS FOR BIDDING OR PROPOSING ON AUGUSTA,
GEORGIA CONTRACTS
Sec. 1-10-40 Responsibility of bidders and proposers%
Sec. 1-10-41 Cost or pricing data.
Sec. 1-10-42 Cost or price analysis.
Sec. 1-10-43 Bid and performance bonds when required.
Sec. 1-10-44 Bid bonds.
Sec. 1-10-45 Payment and performance bonds.
Sec. 1-10-46 Insurance requirements.
Sec. 1-10-47 Pre-qualifications of contractors.
ARTICLE 6 PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT
AWARDS
Sec. 1-10-48 Generally.
Sec. 1-10-49 Purchase order,
Sec. 1-10-50 Sealed bids selection method.
Sec. 1-10-51 Request for proposals,
Sec.1-10-52 Sealed proposals.
Sec. 1-10-53 Competitive selection procedures for professional and consultant services.
Sec. 1-10-54 Informal bids selection methods(standard and small purchases)and authority
of Administrator and General Counsel.
Sec. 1-10-55 Banking services.
Sec. 1-10-56 Sole source procurement.
Sec. 1-10-57 Emergency procurement selection method.
Sec. 1-10-58 Annual contracts,
Sec. 1-10-59 Specific requirements/options for source selection method.
Sec. 1-10-60 Rejection or cancellation of solicitations; ne • : y • •-1 • • • •• • •
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Sec. 1-10-61 Multi-term contract.
Sec. 1-10-62 Right to inspect facilities.
Sec. 1-10-63 Right to audit records, contracts, and collection of statistical data%
Sec. 1-10-64 Rebidding or cancellation of existing contract.
Sec. 1-10-65 Multiple awards.
. L1 t : t. I
(THE "PPFIA")
Sec. 1-10-66 Guidelines.
Sec. 1-10-67 Time Period for Receiving Unsolicited Proposals and Format for Submissions.
Sec. 1-10-68 Procedures for the Financial Review and Analysis of an Unsolicited Proposal%
Sec. 1-10-69 Criteria for Identifying and Appointing Advisors.
Sec. 1-10-70 Criteria for Determining Fees.
Sec. 1-10-71 Procedures for Determining Release of Information Contained in Unsolicited
Proposals.
Sec. 1-10-72 Request for Proposals.
Sec. 1-10-73 Procedures for Posting and Publishing Notice of the Opportunity to Offer
Competing Proposals.
Sec. 1-10-74 Procedures for Processing,Review and Consideration of Competing
Proposals.
Sec. 1-10-75 Terms and Definitions.
ARTICLE 8 SUSPENSION OR DEBARMENT OF BIDDER OR PROPOSER
Sec. 1-10-76 Authority to suspend or debar from qualified bidder/proposer list.
Sec. 1-10-77 Causes for suspension and debarment.
Sec. 1-10-78 Notice%
Sec. 1-10-79 Finality of decision.
Sec. 1-10-80 Board of Commissioner's initiated debarment,
ARTICLE 9 APPS L.S PROTESTS AND REMEDIES
Sec. 1-10-81 Procurement protests.
Sec. 1-10-82 Filing of protest.
Sec. 1-10-83 Decision by Procurement Director%
Sec. 1-10-84 Appeals.
Sec. 1-10-85 Time for filing.
Sec. 1-10-86 Request for hearing and effect of untimely appeal.
Sec. 1-10-87 Notice of hearing.
Sec. 1-10-88 Administrative Services Committee hearing procedure and effect of failure to
appear at hearing.
Sec. 1-10-89 Authority of Administrator to participate in procurement matters.
Sec. 1-10-90 Hearing procedures.
Sec. 1-10-91 Determination of Commission; final decision.
Sec. 1-10-92 Contract claims%
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Sec. 1-10-93 Augusta,Georgia's right to amend bid solicitations or awards that are in
violation of law.
ARTICLE 10 TYPES OF CONTRACTS
Sec. 1-10-94 Authority to approve, sign and execute contracts by type.
Sec. 1-10-95 Public works contracts.
ARTICLE 11 COOPERATIVE PROCUREMENT
Sec. 1-10-96 Cooperative procurement agreement.
Sec. 1-10-97 Sale, acquisition,or use of supplies.
Sec. 1-10-98 Cooperative use of supplies or services.
Sec. 1-10-99 Joint use of facilities.
Sec. 1-10-100 Use of state contracts.
Sec. 1-10-101 Purchase of surplus and excess property.
Sec. 1-10-102 Waiver.
ARTICLE 12 CONTRACT ADMINISTRATION AND MANAGEMENT
Sec. 1-10-103 Purpose.
Sec. 1-10-104 Augusta, Georgia contracts and contract clauses.
Sec. 1-10-105 Contract modification and price adjustments.
Sec. 1-10-106 Retainage.
Sec. 1-10-107 Approval of accounting system.
Sec. 1-10-108 Contractual provisions for auditing records.
ARTICLE 13 DBE PROGRAM FOR DOT,FTA,FAA AND OTHER FEDERALLY
ASSISTED CONTRACTS.
Sec. 1-10-109 Purpose.
Sec. 1-10-110 Definitions,
Sec. 1-10-111 Limitations.
Sec. 1-10-112 Policy Statement.
Sec. 1-10-113 DBE liaison officer.
Sec. 1-10-114 DBE financial institutions.
Sec. 1-10-115 Prompt payment mechanisms.
Sec. 1-10-116 Wage requirements for federally funded projects.
Sec. 1-10-117 DBE bidder's list for DOT-assisted contracts,
Sec. 1-10-118 Overconcentration of DBE firms in certain types of work.
Sec. 1-10-119 Compliance with DBE Program requirements.
Sec. 1-10-120 DBE Program overall goals.
Sec. 1-10-121 Severability,
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CHAPTER 10B
LOCAL. SMALL BUSINESS OPPORTUNITY PROGRAM
Sec. 1-10-122 Short title.
Sec. 1-10-123 Objective.
Sec. 1-10-124 Policy.
Sec. 1-10-125 Definitions.
Sec. 1-10-126 Application; effective date.
Sec.1-10-127 Program administration,
Sec. 1-10-128 Registration and certification procedures.
Sec. 1-10-129 Local small business opportunities program participation,
Sec. 1-10-130 Exceptions—federally funded projects.
Sec. 1-10-131 Citizen's Small Business Advisory Board.
Sec. 1-10-132 through Sec. 1-10-999. Reserved.
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EXHIBIT B
Strike:
AA.
tith
I I I .
Replace With:
ARTICLE 7
Sec. 1-10-66. GUIDELINES.
The Public-Private Facilities and Infrastructure Act of 2015 (the "PPFIA") (OCGA §36-91-
110 et seq.) provides a process for local governments to partner with private entities for the
development of a wide range of projects for public use if the public entities determine there is a
need for such projects and that private involvement may provide such projects to the public in a
timely or cost-effective fashion.
In order for a project to come under the PPFIA, it must meet the definition of a "qualifying
project." A "qualifying project" is defined broadly under the PPFIA. Specifically, the PPFIA
defines a "qualifying project" as any project selected in response to a request for a local
government or submitted by a private entity as an unsolicited proposal in accordance with the
PPFIA and subsequently reviewed and approved by a local government, within its sole
discretion, as meeting a public purpose or public need;provided,however,qualifying projects do
not include projects involving generation of electric energy for sale, communications services,
cable and video services and water reservoir projects.
The following guidelines have been adopted by the governing body of Augusta, Georgia (the
"Local Government") to govern the process for receiving, reviewing and approving unsolicited
proposals for qualifying projects. Augusta, Georgia shall not consider any unsolicited proposal
that has not been evaluated pursuant to Article 7 of the AUGUSTA,GA CODE.
In the event of any conflict between these guidelines and the PPFIA, the terms of the PPFIA
shall control.
SEC. 1-10-67. TIME PERIOD FOR RECEIVING UNSOLICITED PROPOSALS AND
FORMAT FOR SUBMISSIONS.
1. Time Period , • ' ' -0 9 •9• • : _. . 9 • A • 9- - •- it 14.
Georgia. Proposals shall be received by 3:00 PM Monday thru Friday beginning on the first
business d.y of JANUARY and ending on the last business day of March of each year. Such
unsolicited proposals shall be in writing and shall be delivered to:
The Director of Procurement
Augusta Procurement Department
UNSOLICITED PROPOSAL
535 Telfair Street-Room 605
11
Augusta, Georgia 30901
All questions must be submitted in writing by fax to (706) 821-2811 or by email to
unsolicitedproposals@augustaga gov to the office of the Procurement Department. No
Unsolicited Proposals will be accepted by fax, all must be received by mail or hand
delivered.
(1) Format for Submissions. Unsolicited proposals shall contain, at a minimum,the following
information: (a) a project description, (b) a project feasibility statement, (c) a proposed
•'- -• - • . .rs'- I., .i•_.l.n_- a • in- . - . -m- �, ,.
include a basic description of any direct and indirect benefits that the private entity can
rovide in deliv rin the r 'ect in ludin relevant cost li ethodolo n
process for identifying the project and time frame data, (f) a description of any anticipated
public support •r opposition, (g) qualifications and experience(h)names and addresses of
persons who may be contacted and(i) any additional information as the local government
may reasonably request to comply with the requirements of the PPFIA. Proposals should
be prepared simply and economically, providing a concise description of the proposer's
capabilities to complete the proposed qualifying project and the benefits to be derived from
the pro.- • the local •overnment. Such •r••• .ls ma also incl.d- an a•ditional
pertinent information as determined by the proposer.
Only proposals complying with the requirements of these guidelines and the PPFIA that contain
sufficient information for a meaningful evaluation and that are provided in an appropriate format
shall be considered by Augusta, Georgia for further review. If any information necessary,to make
a meaningful evaluation is missing, Augusta, Georgia may request such information from the
proposer. Unsolicited proposals are subject to the Open Records Act.
The format and information to be included in any unsolicited proposal are as follows:
(a) PROJECT DESCRIPTION
(i) Provide a description of the project, including the location of the project,
the conceptual design of such facility, or facilities, and a conceptual plan
for the provision of services or technological infrastructure.
(ii) Identify and fully describe the scope of work to be performed by the
proposer with enough detail to allow an analysis by Augusta,Georgia.
(iii) Identify and fully describe any work to be performed by Augusta.
(iv) Identify any anticipated adverse social, economic, and environmental
impacts of the project.
(v) Identify the prof ected positive social -c•n•mic and ei viro -nta im•. is
of the project.
12
(vi) State assumptions related to ownership,legal liability,law enforcement,and
operation of the project and the existence of any restrictions on Augusta's
use of the project.
(b) PROJECT FEASIBILITY STATEMENT
(i) A feasibility statement that includes:
(A) The method by which the private entity proposes to secure any
necessary property interests required for the project;
(B) A list of all permits and approvals required for the project from local,
state,or federal agencies; and
(C) A list of public utility facilities, if any, that will be crossed by the
project and a statement of the plans of the private entity to
accommodate such crossings;
(ii) Provide a list of any contingencies that must occur for the project to be
successful.
(iii) Provide a list of any other assumptions relied on for the project to be
successful.
(iv) Provide information relative to ongoing maintenance and operational costs
after the project is completed.
(c) PROJECT SCHEDULE
(i) A schedule for initiation, construction, and completion of the project to
include the proposed major responsibilities and timeline for activities to be
performed by both the local government and private entity.
(ii) A schedule for obtaining all federal, state, and local permits and approvals
required for the project.
(iii) Identify the proposed schedule for strategies or actions to mitigate known
impacts of the project.
(iv) Provide information relative to phased or partial openings of the proposed
project prior to completion of the entire work.
(d) PROJECT FINANCING PLAN
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(i) A financial plan setting forth the private entity's general plans for financing
the project, including the sources of the private entity's funds and
identification of any dedicated revenue source or proposed debt or equity
investment on behalf of the private entity;and description of user fees,lease
payments and other service payments over the term of the proposed
comprehensive a! eemen as defined in he PPFIA • and a meth.d•to
and circumstances for changes to such user fees, lease payments and other
service payments over time.
(ii) Provide a preliminary estimate and estimating methodology of the cost of
the work by phase, segment, or both.
(iii) Submit a plan for the development, financing, and operation of the project
showing the anticipated schedule on which funds will be required
containing enough detail to allow an analysis by the local government of
the financial feasibility of the proposed pro'e t Describe the an ici..t-•
costs of and proposed sources and uses for such funds including any
anticipated debt service costs. The operational plan should include
appropriate staffing levels and associated costs. Include supporting due
diligence studies, analyses, or reports. Identify the sources of the private
entity's funds and identification of any dedicated revenue source or
proposed debt or equity investment on behalf of the private entity.
(iv) Provide a list and discussion of assumptions underlying all major elements
of the plan. Assumptions should include all significant fees associated with
financing given the recommended financing approach. In addition,
complete disclosure of interest rate assumptions should be includod. Any
ongoing operational fees, if annlicable, should also be disclse
od as well as
any assumptions with regard to increases in such fees.
(v) Identify any local, state,or federal resources that the proposer contemplates
requesting for the project. Describe the total commitment, if any, expected
from governmental sources and the timing of any anticipated commitment.
Such disclosure should include any direct or indirect guarantees or pledges
of the local government's credit or revenue.
(vi) Identify the amounts and the terms and conditions for any revenue sources.
(vii) Describe a proposed allocation of risk and liability for work completed
beyond the agreement's completion date, and assurances for timely
completion of the project.
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(viii) Identify any aspect of the project that could disqualify the project from
obtaining tax-exempt financing.
The unsolicited proppsa may include financing options, including the imposition of user fees,
lease payments or other service payments. Such financing arrangements may include the issuance
of debt instruments, equity or other securities or obligations. Depending on Augusta's authority
and the circumstances of each transaction, financing options might also include the use of special
purpose entities, sale and lease back transactions, enhanced use leasing,development agreements,
conduit financing and other methods allowed by law. Notwithstanding the foregoing, Augusta,
Georgia shall not loan money to a private entity in order to fmance all or a portion of the qualifying
project. Also, a multiyear lease entered into by Augusta which is not terminable at the end of each
fiscal year during the term of the lease shall be considered a debt of the local government which
enters into such lease, and such lease shall apply against the debt limitations of the local
government.
(e) BUSINESS CASE STATEMENT
(i) A business case statement that shall include a basic description of any direct
or indirect benefits that the private entity can provide in delivering the
project, including relevant cost, quality, methodology, and process for
identifying the project and time frame data.
(ii) Identify who will benefit from the project, how they will benefit, and how
the project will benefit the overall community, region, or state. Pro_ect
benefits to be considered are those occurring during the construction,
renovation, expansion or improvement phase and during the life cycle of
the project.
(iii) Identify any anticipated public support or opposition, as well as any
anticipated government support or opposition, for the project.
(iv) Explain the strategy and plans that will be carried out to involve and inform
the general public, business community, and governmental agencies in
areas affected by the project.
(v) Specify the strategies or actions to mitigate known impacts of the project.
(vi) Describe the anticipated significant benefits to the community, region or
state, including anticipated benefits to the economic condition of Augusta
and whether the project is critical to attracting or maintaining competitive
industries and businesses to Augusta or the surrounding region.
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(vii) Describe compatibility with the local comprehensive plan, local
infrastructure development plans,the capital improvements budget,or other
government spending plan.
(viii) Provide relevant proposer cost, quality, methodology, and process for
identifying the project and time frame data.
(f) CONTACTS
(i) The names and addresses of the persons who may be contacted for further
information concerning the unsolicited proposal.
(ii) Identify the legal structure of the firm or consortium of firms making the
proposal. Identify the organizational structure for the project, the
management approach and how each partner and major subcontractor in the
structure fits into the overall team.
(iii) Describe the experience of the firm or consortium of firms making the
proposal and the key principals involved in the proposed project including
experience with projects of comparable size and complexity. Describe the
length of time in business, business experience, public sector experience
and other engagements of the firm or consortium of firms. Include the
identity of any firms that will provide design, construction and completion
guarantees and warranties, and a description of such guarantees and
warranties.
(iv) Provide the names, addresses, and telephone numbers of persons within the
firm or consortium of firms who may be contacted for further information.
(v) Provide a current or most recently audited financial statement of the firm or
firms and each partner with an equity interest of twenty percent or greater
for project proposals over$20 Million.
(vi) Identify any persons known to the proposer who would be obligated to
disqualify themselves from participation in any transaction arising from or
in connection to the project pursuant to any State of Georgia and/or
Augusta,Georgia conflict of interest laws.
SEC1-10-6R PROC'EDUR .S FOR THF. FINANCIAL. REVIEW AND ANALYSIS,OF AN
UNSOLICITED PROPOSAL.
(1) Upon receipt of an unsolicited proposal, Augusta shall:
16
(a) Send the proposer an acknowledgement of receipt of the unsolicited
proposal and provide that Augusta, Georgia will conduct a review of that
proposal and either (i) reject the unsolicited proposal or (ii) accept the
unsolicited proposal and seek competing bids for the proposed project as
required pursuant to the Guidelines and the PPFIA;
(b) Establish a new committee or select an existing committee(the"Evaluation
Committee") to review the unsolicited proposal. If a new committee is
established,it should be composed of no less than three(3)individuals with
diverse skill sets to adequately review the proposal;
(c) Decide whether it will engage independent advisors, as provided in Sec. 1-
10-69 below,to assist(and not be a member of)the Evaluation Committee
in its review of the unsolicited proposal, which may include an attorney,
financial advisor, architectural and/or engineering consultant or other
advisers or consultants; and
(d) Provide the proposer with the proposed Local Government fee, estimate to
be paid by the proposer, to cover the costs of processing, reviewing and
evaluating the unsolicited proposal, as calculated in Sec, 1-10-70 below.
(2) The Evaluation Committee, together with any independent advisors, shall perform
the following financial review and analysis of the unsolicited proposal:
(a) A cost-benefit analysis;
(b) Evaluation of the public need for or benefit derived from the qualifying
project;
(c) Evaluation of the estimated cost of the qualifying project for reasonableness
in relation to similar facilities;
(d) Evaluation of the source of funding for the project;
(e) Consideration of plans to ensure timely development or operation;
(f) Evaluation of risk sharing, including cost or completion guarantees, added
value, or debt or equity investments by the private entity; and
(g) Consideration of any increase in funding,dedicated revenue source,or other
economic benefit that would not otherwise be available.
After reviewing the proposal, the Evaluation Committee shall make a recommendation to the
governing body of Augusta, Georgia to reject or accept the unsolicited proposal.
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NOTE: Discussions between Augusta, Georgia and the proposer about the need for infrastructure
improvements shall not limit the ability of Augusta to later determine to use standard procurement
procedures to meet its infrastructure needs. Augusta, Georgia retains the right to reject any
proposal at any time prior to the execution of an interim or comprehensive agreement.
SEC. 1-10-69 CRITERIA FOR IDENTIFYING AND APPOINTING INDEPENDENT
ADVISORS.
Unsolicited proposals which have technical, complex or specialized information may re.uire
additional su. .o from one or more third-.a inde•endent advisors to assist in th-it evaluatio
and review. Independent advisors may include attorneys, financial advisors, engineering
consultants or other advisers or consultants as determined by the Local Government, in its sole
discretion, to be reasonably required to review any unsolicited proposal. Independent advisors
shall have no affiliation with the private entity submitting an unsolicited proposal.
SEC. 1-10-70 CRITERIA FOR1ZETERMINING FEES.
A private entity assumes all risk in submission of an unsolicited proposal,and a Local Government
shall not incur any obligation to reimburse a private entity for any costs, damages o loss of
intellectual •ro•- i incurr-• b a •rivat- enti in th- reation devel•• -nt •r submi is n of a
proposal or unsolicited proposal for a qualifying project.
Augusta, Gear•ia shall charge and retain an initial proposal-processing fee equal to $100 to be
paid by the proposer prior to the review of an unsolicited proposal.
In addition, the Local Government may charge and retain a reasonable fee to cover the.costs of
reviewing and evalua in• an unsolicited proposal. If it is determined by the Local Government
that one or more independent advisors shall be engaged to assist the Evaluation Committee in its
revi-w of - unsolicite• •ro•osal . •rovi•ed in AUGU TA GA CODE Sec. 1-10-69 abov- the
fees of all such independent advisors shall be paid by the proposer. The estimated fees of the Local
Government and such independent advisors shall be provided to the proposer for approval prior to
the engagement of such advisors to review the proposal or the review and evaluation of an
unsolicited proposal.
SEC. 1-10-71 PROCEDURES FOR DETERMINING RELEASE OF INFORMATION IN
UNSOLICITED PROPOSAL.
Augusta,Georgia,in its sole discretion,may use any portion of an unsolicited proposal in preparing
a request for proposal as described in AUGUSTA,GA CODE Sec. 1-10-72 below.
SEC. 1-10-72 REQUEST FOR PROPOSALS.
Within (.0 d. s of receipt of a recommendation from the Evaluation Committee as provided in
AUGUSTA, GA CODE Sec. 1-10-68 above, the governin• •.and of Au'usta G-.r'ia sh. 1 •ecide
h- h-r • . .•r• - er r-'- h _n • ' ' -• • • •• If • _ 14. •.. • - s- .A eli i -s
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proposal, it shall seek competing proposals for the qualifying project, by issuing a request for
proposal due in not less than 120 days.
The request for proposal shall include the criteria for selecting among competing proposals as
provided in AUGUSTA,GA CODE Sec. 1-10-74 below.
During evaluation, Augusta, Georgia may seek written clarification from any proposer regarding
the contents of the proposer's response. A request for written clarification may be made when a
proposer's response contains conflicting information or is so ambiguous that it is possible for a
reasonable person to attribute different meanings to the ambiguous portion of the proposer's
response. A request for written clarification may not be used to negotiate(i.e.,request the supplier
to revise or improve the proposer's response). Written clarifications received from the supplier
will become part of that proposer's response.
- I- ' t o 1 : it Po _ ► : ► 1 : . ► L
OPPORTUNITY TO OFFER COMPETING PROPOSALS,
Notices for requests for proposals for qualifying projects shall be posted conspicuously in the
Local Government's office and shall be advertised in the legal organ of the county and by
electronic means on an Internet website of the Local Government or an Internet website identified
by the governmental entity which may include the Georgia Procurement Registry as provided by
OCGA §50-5-69. Such notices shall be posted by the Local Government in a consistent manner
with other notices posted for public works bidding.
Notices for requests for proposals that are advertised in the legal organ shall be advertised a
minimum of two times, with the first advertisement occurring at least ninety days prior to the
deadline for receipt of competing proposals. The second advertisement shall follow no earlier than
six weeks from the first advertisement.
Notices for requests for proposals that are advertised solely on the Internet shall be posted
continuously at least ninety days prior to the deadline for receipt of competing proposals.
Inadvertent or unintentional loss of Internet service during the advertisement period shall not
require the contract award or bid or proposal opening to be delayed.
Sec. 1-10-74 PROCEDURES FOR PROCESSING.REEVIEW AND CONSIDERATION OF
COMPETING PROPOSALS.
After the deadline for the receipt of competing proposals, the Local Government shall reconvene
the evaluation committee to review, evaluate and score the responses.
The criteria to be used in the evaluation of competing proposals for a qualifying project shall be
determined by the evaluation committee of the Local Government prior to submitting a request for
proposal for such qualifying project. The evaluation committee of Augusta,Georgia shall establish
a scoring matrix for review of responses to a request for proposal. The scoring matrix can be
weighted in any fair manner to adequately assess the critical elements of a proposal,with the most
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likely highest weighted categories being (a) project financing and (b) qualifications and
experience.
There are several factors that Augusta, Georgia may use when evaluating and selecting an
unsolicited proposal, including,but not limited to, the following:
(1) QUALIFICATIONS AND EXPERIENCE—Factors to be considered to determine
whether the proposer possesses the requisite qualifications and experience include:
(a) Experience with similar projects;
(b) Demonstration of ability to perform work;
(c) Leadership structure;
(d) Project Manager's experience;
(e) Management approach
(f) Financial condition; and
(g) Project ownership.
(2) PROJECT CHARACTERISTICS — Factors to be considered in determining the
project characteristic include:
(a) Project definition;
(b) Proposed project schedule;
(c) Operation of the project;
(d) Technology;technical feasibility;
(e) Conformity to laws, regulations, and standards;
(f) Environmental impacts;
(g) Condemnation impacts;
(h) State and local permits; and
(i) Maintenance of the project.
(3) PROJECT FINANCING — Factors to be considered in determining whether the
proposed pro'ect fmancin• all.ws .a e I .t- access to the n-ce s. c. .ital to
finance the project include:
(a) Cost and cost benefit to Augusta, Georgia;
(b) Financing and the impact on the debt burden of Augusta, Georgia or
appropriating body;
(c) Financial plan, including the degree to which the proposer has conducted
due diligence investigation and analysis of the proposed fmancial plan and
the results of any such inquiries or studies;
(d) Opportunity costs assessment;
(e) Estimated cost;
(f) Life-cycle cost analysis;
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(g) The identity, credit history, past performance of any third party that will
provide financing for the project and the nature and timing of their
commitment, as applicable; and
(h) Such other items as Augusta, Georgia deems appropriate.
In the event that any project is financed through the issuance of obligations that are
deemed to be tax-supported debt of Augusta,Georgia,or if financing such a project
may impact Augusta, Georgia's debt rating or financial position,Augusta, Georgia
may select its own finance team, source, and financing vehicle.
(4) PROJECT BENEFIT AND COMPATIBILITY — Factors to be considered in
determining the proposed project's compatibility with the appropriate local or
regional comprehensive or development plans include:
(a) Community benefits;
(b) Community support or opposition, or both;
(c) Public involvement strategy;
(d) Compatibility with existing and planned facilities; and
(e) Compatibility with local,regional, and state economic development
efforts.
(5) OTHER FACTORS —Other factors that may be considered by Augusta, Georgia
in the evaluation and selection of competing proposals include:
(a) The proposed cost of the qualifying project;
(b) The general reputation, industry experience, and financial capacity of
the private entity;
(c) The proposed design of the qualifying project;
(d) The eligibility of the project for accelerated documentation, review,
and selection;
(e) Local citizen and government comments;
(f) Benefits to the public, including fmancial and nonfinancial;
(g) The private entity's compliance with a local small business enterprise
participation plan or good faith effort to comply with the 2s.
such plan;
(h) The private entity's plans to employ local contractors and residents;
(i) The recommendation of a committee of representatives of members of
the local government and the appropriating body which may be
established to provide advisory oversight for the project; and
(j) Other criteria that the local government deems appropriate.
Sec. 1-10-75 DEFINITIONS:
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For the purpose of Article 7, the followin. definitions shall . .•1 . W. h the exce•tion of
specifically defined terms set forth herein, all words shall have their ordinary and usual meanin.s.
In the event of conflict, the specific definition set out herein shall presumptively, but not
conclusively prevail over the ordinary and usual meanings.
ADVISOR-The Unsolicited Proposals Advisory Committee may contract with external party on
a range of issues including commercial,technical and other issues.
ADVISORY COMMITTEE — The Procurement Director shall select the members of the
Advisory Committee consisting of not less than three members, all of whom shall be e No ees
of A m sta Geor.i.. Desiees .f the Administrator Procure -nt Finan e an. En.'neerin
Departments and/or designees from other departments may be included dependin on the sco.e of
the proposal. The Advisory Committee will assist in the evaluation process.
ASSESSMENT CRITERIA - Criteria upon which the Unsolicited Proposal will be assessed as
determined by the Unsolicited Proposals Advisory Committee on a case-by-case basis.
COMPREHENSIVE AGREEMENT - The written agreement between the private entity and
Augusta, Ge.r.is required pursuant to the Public-Private Facilities and Infrastructure Act of
2015 ("PPFIA).
DETAILED SUBMISSION - A more detailed submission following approval at the Concept
PHASE 1.
DEVELOP OR DEVELOPMENT - To plan, design, develop, finance, lease, acquire, install,
construct, operate, maintain or expand.
ECONOMIC APPRAISAL - A systematic means of analyzing all the costs and benefits of
various ways in which a project objective can be met. It shows:
D Whether the benefits of a project exceed its costs;
➢ Which option has the highest net benefit; and
D. Which option is the most cost effective,where benefits are equivalent.
Th- .r-f- -. ...r•. h • . •v- ••-• • •'- f. .n - .no ...r.i .l i . -R -n-fi -
Analysis ("CBA)" and whole of life cost estimates.
EVALUATION COMMITTEE - A committee of representatives established to oversee and
assess an Unsolicited Proposal. Also referred to as Unsolicited Proposals Evaluation Committee
in PHASE 2.
FINANCIAL REVIEW—The Evaluation Committee, together with any independent advisors,
shall perform a financial review and analysis of the unsolicited proposal as referred in Phase 2.
GOVERNMENT—Augusta, Georgia
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INDEPENDENT ADVISOR - An individual with diverse skill sets to adequately review the
proposal; decide whether it will engage independent advisors, to assist (and not be a member of)
the Evaluation Committee in its review of the unsolicited proposal,which may include an attorney,
financial advisor, architectural and/or engineering consultant or other advisers or consultants; and
Provide the proposer with the proposed Local Government fee to cover the costs of processing,
reviewing and evaluating the unsolicited proposal.
INTELLECTUAL PROPERTY ("IP") - Inventions,original designs and practical applications
of good ideas protected by law through copyright,patents,registered designs,circuit layout rights
and trademarks, also trade secrets, proprietary know-how and other confidential information
protected against unlawful disclosure by common law and through additional contractual
obligations such as Confidential Agreements.
INTERIM AGREEMENT - An agreement between a private entity and a responsible public
entity that provides for phasing of the development or operation, or both, of a qualifying project.
Such phases may include, but are not limited to, design, planning, engineering, environmental
analysis and mitigation, financial and revenue analysis, or any other phase of the project that
constitutes activity on any part of the qualifying project.
LETTER OF INTEREST ("LOI") - Cover letter attached to the initial submission made by the
Proposer to initiate the Phased Process for Unsolicited Proposals.
LOCAL GOVERNMENT - Any county, municipality, consolidated government, or board of
education. For purposes of this Article,Augusta, Georgia Consolidated Government.
PHASE PROCESS - Augusta, Georgia's six-phase process of validating, evaluating and
awarding projects that are initiated by Unsolicited Proposals.
PROPOSER - Any person or organization that submits the Unsolicited Proposal except for
Augusta, Georgia's agencies and departments.
PRIVATE ENTITY - Any natural person, corporation, general partnership, limited liability
company, limited partnership,joint venture, business trust, public benefit corporation, nonprofit
entity, or other business entity.
QUALIFYING PROJECT- • y project selected in response to a request for a local government
or submitted by a private entity as an unsolicited proposal in accordance with the PPFIA and
subsequently reviewed and approved by a local government, that has a public purpose or public
need, as determined by the local government. A "qualifying project" shall not include and shall
have no application to any project involving:
(1) The generation of electric energy for sale pursuant to Chapter 3 of Title 46 of the Official Code
of Georgia Annotated;
(2) Communications services pursuant to Articles 4 and 7 of Chapter 5 of Title 46 of the Official
Code of Georgia Annotated;
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(3) Cable and video services pursuant to Chapter 76 of title 36 of the Official Code of Georgia
Annotated; or
(4) Water reservoir pro'ects as •efined in ..r.'ra.h 11 of 0 A &12-5-471. which ha be
governed by Article 4 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated.
REVENUE-All revenues, income,earnings,user fees,lease payments,or other service payments
arising out of or in connection with supporting the development or operation of a qualifying
project.
UNSOLICITED PROPOSAL - A written proposal for a qualifying project that is received by a
local government and is not in response to any request for proposal for a qualifying project issued
by a local government.
STATE- The State of Georgia.
TRANSACTION PHASE - Transaction Phase may involve, subject to the delivery model,
procurement phase followed by contract ne!oti. ions an• ex- ution.Note .ublic c.mm_ and
stakeholder consultations may occur during the Transaction Phase.
UNSOLICITED PROPOSAL - A written proposal for a qualifying project that is receiv-. •
local government and is not in response to any request for proposal for a qualifying project issued
by a local government,
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•