Procurement Procedures - Chapter 11: Unsolicited Proposals & Other Forms of Procurement

UP 1 Introduction

This section establishes fair and uniform procedures for handling unsolicited proposals, supplementing the provisions of Fla. Stat.§ 255.065. These procedures ensure compliance with applicable laws, outline submission, receipt, evaluation, and acceptance or rejection processes, and may include fees to cover actual costs incurred during the review.

UP 2 Procedures

UP 2.1 Submission

Any person or legal entity (proposer) submitting unsolicited proposals shall be delivered to the Director of Procurement. The Director of Procurement will acknowledge the receipt and forward to the appropriate Hillsborough County (County) department.

UP 2.2 Project approval requirements

Project approval requirements include:

1. Requirements under Fla. Stat. § 255.065(4)(a)-(f),
2. The County Administrator shall determine whether to recommend to the Board that it accept the project as a Qualifying Project and
• a. notice it as proposed, OR
• b. pursue a competitive solicitation.
3. The County Administrator shall also approve the evaluation committee members charged with reviewing, evaluating, ranking, negotiating, and making award recommendations (if applicable).
4. A listing of all proposed obligations and requirements of the County and any other governmental agencies; including, but not limited to, contributions to project financing, staffing, and permitting.

UP 2.3 Submission review to determine qualifying project

The County will review unsolicited proposals to determine if it meets the definition of a qualifying project, and whether it is in the County’s best interest to pursue.

Based on this review, County staff may decide to recommend the proposal as a qualifying project to the County’s Board of County Commissioners (Board). Private entities will be notified of the date, time, and location when the recommendation will be presented to the Board. The Board will approve or reject the County staff’s recommendation.

UP 2.4 Publication of notice

If approved, the County may publish the required notice in accordance with Fla. Stat. § 255.065(3)(b).

UP 2.5 Competitive solicitation process

Competitive solicitation for qualifying projects must follow the procedures detailed in Chapter 6. The unsolicited proposer will have no guaranteed benefit during a competitive solicitation process.

UP 2.6 Noncompetitive process

Noncompetitive comprehensive agreements for qualifying projects must comply with standards outlined in Fla. Stat. § 255.065(5).

UP 3 Other requirements

UP 3.1 Interim and comprehensive agreements

• Agreements will comply with Fla. Stat. § 255.065(6) and (7).

UP 3.2 Financing agreement

• See Fla. Stat. § 255.065(9)

UP 3.3 Powers and duties of private entities

• See Fla. Stat. § 255.065(10)

UP 3.4 Expiration or termination of agreements

• See Fla. Stat. § 255.065(11)

UP 3.5 Sovereign immunity

• See Fla. Stat. § 255.065(12)

UP 4 Other forms of procurement

UP 4.1 Request for Information (RFI)

An RFI may be issued to acquire information for County needs. The Requesting Department (RD) prepares a description of the need, and submits it through the County’s electronic procurement system (EPS).

UP 4.2 Request for Solution (RFS)

An RFS, unlike an RFP which often includes specific requirements, allows for more flexibility and encourages innovative solutions. The RD prepares a challenge statement and submits it through the County’s EPS.