Much like an RFEI or RFQ, professionals with experience in public policy and process, engineering, finance, accounting and law, among other disciplines, should be retained to assist the local government in drafting an RFP.
A two-stage process where an RFEI or RFQ is used first can often facilitate the drafting of an RFP. For example, the potential partners may have expressed innovative or cost-saving ideas in the RFEI process. The local government project team can use these ideas to develop the RFP, provided that they are not protected or proprietory.
If an RFQ has been used to shortlist qualified candidates, the local government should already have a strong indication of the information required to draft the RFP. This information would include goals, how goals are to be achieved, budgets, and cost savings and efficiencies expected to occur through the public private partnership.
The RFP document should contain at least the following:
• introduction
• description of the proposed relationship between the local government and the selected partner
• proposal format and mandatory submission requirements
• detailed description of risks the local government will not assume under any circumstances, as well as how the risks will be shared in general
• explicit performance specifications, standards and expectations of both the potential partner and the local government
• design and construction requirements (if applicable)
• management and operating requirements (if applicable)
• proposed business plan
• detailed financial information and a proposed financing plan and pro forma for the project
• transfer plan for any capital assets including a description of a proposed lease if applicable
• limitations on mortgaging and assigning rents
• legal considerations
• considerations for employees who may be displaced by a partnership
• permit requirements
• proposal evaluation criteria (see recommended evaluation criteria in section 7.5 of this guide)
• proposal evaluation process
• form of discussions permitted between the local government and potential partners in relation to their proposals prior to selection of a preferred partner
• bonding requirements
• contract award process
• process for measuring performance
• statutory requirements the local government must comply with relating to disclosure of intentions, counter petition (if applicable) and assent of electors (if applicable)
• deadlines for preparation and delivery of submissions
• communication channels-the means by which potential partners may seek clarification of the RFP document
• the identity of a local government officer who is authorized to discuss and present information to prospective partners
• appeal and rights of review
• restrictions of potential partners to discuss the RFP with third parties
• appendices (with other relevant information, such as labour contracts and the local government's policies with respect to public private partnerships)
Some of the information provided by bidders will be subject to copyright or may be proprietary information. As such, the RFP should expressly state the treatment of such information by the local government. Bidders should also be advised of the application of privacy laws and access to information laws.
Generally, depending on the scale of the project, potential partners are given 45 to 90 days to present their submissions. If it is a large-scale project (i.e., a major sewer system or water treatment facility), the period to receive submissions can be extended at the discretion of the local government. The local government should only consider extensions to the deadline in extreme cases. Much like disclosure of information, if an extension is granted to one potential partner, it should be extended to all potential partners.