R926-16-7. Fees Related to Unsolicited Proposals

  (1) As authorized by 63G-6a-712(5), the Department will assess fees to cover the actual costs of processing, considering, and evaluating unsolicited proposals as follows:

  (a) a screening fee for every unsolicited proposal that passes the initial threshold review and enters the Stage One -- Screening process, and

  (b) an evaluation fee for every unsolicited proposal that is subject to the Stage Two -- Detailed Evaluation.

  (2)(a) The unsolicited proposal must be accompanied by a check for the screening fee, which must be a cashier's, certified, or official check drawn by a federally insured financial institution in the amount of $20,000 for the screening fee associated with the Stage One -- Screening. This check will be returned to the submitter if the unsolicited proposal does not pass the initial threshold review and will be drawn upon no earlier than 30 days after the Department responds to the submitter that it intends to proceed with the Stage One -- Screening.

  (b) The Department will assess an evaluation fee for every unsolicited proposal that is subject to the Stage Two -- Detailed Evaluation. Evaluation fees must be paid by a cashier's, certified, or official check drawn by a federally insured financial institution in an initial amount of $20,000 plus .01% of the total estimated cost of design and construction of the project.

  (c) The Department will provide the submitter with periodic updates of expenses and will request additional funds to cover the actual costs of processing, considering, and evaluating the unsolicited proposal if additional funds are needed.

  (d) The submitter may elect to discontinue its pursuit of the unsolicited proposal at any time and avoid paying the additional funds. No refund will be issued for expenses already incurred.

  (3) The executive director or a deputy director may waive or modify the fee structure for an unsolicited proposal, in whole or in part, if he or she determines that the Department's costs have been substantially covered by a portion of the fee or if it is otherwise determined a waiver or modification is reasonable and in the best interests of the State.

  (4) When the Department solicits competing proposals, the Department may require each proposer that submits a competing proposal to submit a fee with the competing proposal. The amount of the fee will be identified in the solicitation documents and will not exceed the amount of the evaluation fee for the original unsolicited proposal stated in R926-16-7(2).

  (5) The submitter that submitted the original unsolicited proposal triggering the solicitation will be exempt from this fee provided that, in the sole discretion of the Department, the requirements of the solicitation are sufficiently similar to the content of the original unsolicited proposal.