R926-16-3. Unsolicited Proposal Requirements

  (1) The Department is not required to accept, review, or evaluate an unsolicited proposal.

  (2) Should the Department accept delivery of an unsolicited proposal it will provide an acknowledgement of receipt to the submitter, but has no obligation to consider, evaluate, or advance an unsolicited proposal.

  (3) Unsolicited Proposals for TIPPPs must be submitted to the Department using the system the Department has established to accept solicited proposals. An unsolicited proposal submittal must, at a minimum, include:

  (a) a statement establishing the period during which the unsolicited proposal will remain valid, which may be not less than 12 months following initial delivery. A renewal statement may be required as determined solely by the Department;

  (b) information required for unsolicited proposals set forth in Utah Code Section 63G-6a-712;

  (c) a map indicating the location of the proposed facility, when applicable;

  (d) a description of the organizations representing the submitter and the organizations who would develop, finance, construct, operate and maintain the facility;

  (e) a description of the submitter's plan for developing, financing, constructing, operating, maintaining, or any combination of these elements, including identification of any revenue needed to support the project and proposed debt or equity investment proposed by the submitter;

  (f) a description of how the unsolicited proposal is consistent with the goals of the Department and addresses a demonstrated need for the State;

  (g) an estimate of the amount of funding, if any, to be provided by the State;

  (h) a list of the major permits and approvals required by local, state, and federal agencies to develop or operate a project or facility resulting from an unsolicited proposal along with a projected schedule for obtaining the permits and approvals;

  (i) a statement acknowledging that the Department has no obligation to advance or compensate a submitter for any environmental studies needed, including but not limited to NEPA, and other work associated with an unsolicited proposal;

  (j) a description of the types of public utility facilities, if any, that may be impacted by a project originating from the unsolicited proposal and a statement of the plans to accommodate the impact;

  (k) identification of any elements that are being claimed as trade secrets or confidential that meet the requirements of Utah Code Section 63G-2-309(1)(a)(i), together with justification of the same; and

  (l) any additional information the Department determines is necessary to evaluate an unsolicited proposal. The submitter will be notified by the Department of any such additional information needed.