D.C. Mun. Regs. r. 27-4806

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-4806 - UNSOLICITED PROPOSALS: PRELIMINARY EVALUATION

4806.1

Preliminary Evaluation of Unsolicited Proposals: An unsolicited proposal will be screened in a three-step process that includes a review to confirm that baseline requirements are met, a preliminary evaluation, and a comprehensive evaluation.

4806.2

Baseline Requirements: The DC OP3 will only accept an unsolicited proposal and undertake a preliminary evaluation of that unsolicited proposal if the proposal:

(a) Is independently developed and drafted by the proposer without District supervision;

(b) Includes sufficient detail and information for the DC OP3 to evaluate the proposal in an objective and timely manner under the comprehensive evaluation process outlined in § 4807; and

(c) Adheres to the format outlined in the Guidelines, including that the proposal has an executive summary and identifies those aspects of the proposal that are confidential or proprietary according to § 4807.20.

4806.3

Preliminary Evaluation Fee: Private entities interested in submitting an unsolicited proposal are required to pay a non-negotiable Preliminary Evaluation Review Fee in an amount provided in the Guidelines at the time of submitting the proposal to the DC OP3 for review. This review fee will be deposited into the Fund to cover the costs of the preliminary evaluation only. Payment should be made by check or money order made out to the account listed in the Guidelines. If the fees paid to the DC OP3 exceed the DC OP3's total cost for the preliminary review, the DC OP3 will reimburse the remaining funds to the private entity at the end of the review process.

4806.4

Preliminary Evaluation Results: Within ninety (90) days after receiving an unsolicited proposal, the DC OP3 will complete its preliminary evaluation and report the result to the proposer. The result will be either "favorable" or "unfavorable" based on whether the proposal:

(a) Addresses a need identified in a District or regional planning document, including the DC OP3 Project Pipeline;

(b) Shows that the proposed project could benefit the District;

(c) Includes a financing plan to allow the project to move forward pursuant to all applicable District budget and finance requirements, including the District's debt cap;

(d) Provides a plan for the operation and maintenance of the proposed facility or facilities for the full life-cycle of the project; and,

(e) Is consistent with priorities and agency performance goals of the Owner Agency or Agencies tasked with delivering infrastructure projects similar to the project proposed.

If the result is unfavorable, the DC OP3 will return the unsolicited proposal to the proposer with a letter explaining the reason for the determination. The proposer cannot appeal a preliminary evaluation resulting in an unfavorable determination and no further action on the proposal will be taken by the DC OP3 after such a determination. If the result of the preliminary evaluation is favorable, the unsolicited proposal will proceed to the comprehensive evaluation stage.

D.C. Mun. Regs. r. 27-4806

Final Rulemaking published at 63 DCR 13119 (10/21/2016)