Palm Beach State College Board Policy

Palm Beach State College (College) encourages the construction of new facilities, redevelopment of underdeveloped and underutilized facilities and implementation of innovative operations through public-private partnerships (hereinafter "P3") where appropriate. The College recognizes properly structured P3s share risk and expense amongst public and private partners; encourage efficiencies and innovation in design, construction, operations, and maintenance; and maximize funding and cash flow initiatives.

A public-private partnership is a project delivery model between a public entity and a private sector person or entity for the purpose of timely delivering services or facilities in a cost-effective manner that might not otherwise be possible using traditional methods of public procurement. Through this contractual agreement, the assets and professional skills of each sector (public and private) are shared and leveraged to deliver a service or facility to be used for the public good. Each sector shares in the potential risks of the timely and efficient delivery and operations of the service or facility. To be considered under the College’s Public-Private Partnership Program, all parties must comply with the following Guidelines for P3 Applications and Evaluation Process (hereinafter "Guidelines").

The College reserves the right to reject any or all bids/proposals at any time, for any reason. Should the College decide not to proceed with a proposal or proposals, it may choose to accept new proposals for the project at a later date. Furthermore, discussions between the College and proposers about a particular project shall not in any way limit the ability of the College to later follow other procurement procedures for such project, regardless of whether the project will involve a P3.

Unless otherwise specified, whenever the following terms are used in these Guidelines, they have the meanings set forth below:

Application Fee: A fee established by the College pursuant to this policy that a Private Entity must pay when submitting a Proposal for a Qualifying Project.

Bid: A response to a solicitation for proposals, for qualifications, for bids, or a response to a Notice of Receipt by Palm Beach State College of an unsolicited proposal, and for the purposes of these guidelines is also synonymous with the word “proposal.”

Bidder: The person who responds to a Notice of Receipt of an unsolicited proposal.

Certify: To attest, under penalty of perjury, that the information being certified is true and correct.

College: Palm Beach State College, which may act through its District Board of Trustees or College President, as the context and applicable law permits.

Comprehensive Agreement: The agreement between the Contracting Person and the College that is required before the development or operation of a Proposed Project.

Contracting Person: An individual person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity that enters into a Comprehensive or Interim Agreement with the College.

Detailed Proposal: A proposal for a Proposed Project after the Initial Stage review, that defines and establishes more specific proposed terms related to costs, payment schedules, financing, deliverables, design, plans for operations and maintenance, and project schedule, among other factors.

Detailed Stage: The phase of Proposed Project evaluation where the College has completed the Initial Stage but has requested additional and/or more detailed information regarding proposals for a Proposed Project.

Develop or Development: To plan, design, develop, finance, lease, acquire, install, construct, operate, maintain, and/or expand a facility for public use or benefit.

Fee: A rate, fee, or other charge associated with the evaluation of a Proposed Project, as defined by a Comprehensive Agreement.

Initial Proposal: An unsolicited proposal for a Proposed Project accepted for consideration and evaluation by the College.

Initial Stage: The initial phase of Proposed Project evaluation when the College assesses whether a Proposed Project serves a public purpose and appears to meet the minimum criteria for a Proposed Project or certain goals of the College and the College reviews and evaluates proposals received from the private sector for pursuing a Proposed Project as a P3.

Interim Agreement: An agreement, before or in connection with the negotiation of a Comprehensive Agreement, between the College and a Contracting Person whereby the Contracting Person may be authorized by the College to conduct due diligence or further studies or investigations related to the Proposed Project which may include, but not be limited to, project planning and development, design, engineering, environmental analysis and mitigation, surveying, financial and revenue analysis, ascertaining the availability of financing, or any other aspect of the Proposed Project. The rights of the Contracting Person and the College will be governed by the terms of the Interim Agreement, which must be in writing. No purported Interim Agreement or terms relating thereto shall be effective, binding, or valid until approved by the College and executed in writing.

Lease Payment: Any form of payment, including a land lease, by a public or private entity to the Contracting Person and/or the College for the use of a Proposed Project.

Lifecycle Cost Analysis: An analysis calculating the cost of an asset over its entire lifespan, including the cost of planning, constructing, operating, maintaining, and replacing the asset, estimates of sufficient capital improvement reserves, and, when applicable, salvaging the asset. The analysis must compare the proposed life cycle cost of the Proposed Project to what the project would likely cost the College if a standard, non-P3 delivery method was used. The Comprehensive Agreement must identify costs to the College, if any, of an asset proposed for the College.

Notice of Receipt: Shall mean, at a minimum, the notice that the College shall publish to advise the public that the College has received an unsolicited proposal and to solicit Bids for the same type of project or concept that is reflected in the unsolicited proposal.

Operate: To operate a Proposed Project.

P3: Public-Private Partnership.

P3 Project: A Public-Private Partnership project.

Public-Private Partnership Program or P3 Program: The College's public-private partnership program implemented in accordance with this Policy.

Private Entity: Any individual person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, a public benefit corporation, nonprofit entity, or other business entity. A private entity includes a "Proposer" that submits an unsolicited proposal or a "Respondent" that submits a proposal in response to a Solicitation. "Private Entity" also means each individual entity participating in or comprising a Proposer’s or Respondent’s team.

Proposer: A Private Entity that submits  an unsolicited proposal. "Proposer" is the Private Entity with whom the College may contract for a Proposed Project. If the Private Entity has not yet been formed, then "Proposer" shall mean all entities collectively who are known and intend  to participate on the Proposer’s team.

Proposed Project(s): A facility or project fulfilling a public purpose or goal, including, but not limited to, any mass transit facility, vehicle parking facility, rail facility or project, fuel supply facility, medical or nursing care facility, recreational facility, sporting or cultural facility, public library, power generation facility, waste treatment facility, educational facility, civic facility or other building or facility that is used or will be used by a public educational institution, or any other public facility or infrastructure that is used or will be used by the public at large or in support of an accepted public purpose or activity;

An improvement, including equipment, of a building that will be principally used by a public entity or the public at large or that supports a service delivery system in the public education sector;

A water, wastewater, or surface water management facility or other related infrastructure; or

Any other project the College designates as a Proposed Project.

Notwithstanding anything herein to the contrary, a Proposed Project may also include, in addition to the public facility or project, residential, retail, commercial, hospitality, or other private, revenue-generating facilities and uses as appropriate and necessary to achieve the public purposes intended for the Proposed Project on a cost model acceptable to the College.

Respondent: A Private Entity that submits a proposal in response to a Solicitation.

Revenue: All revenue, income, earnings, Fees, Lease Payments, and/or other payments supporting the development or operation of a Proposed Project, including money received as a grant or otherwise from the federal government, a governmental entity, or any agency or instrumentality of the federal government or governmental entity in aid of the Proposed Project.

Solicitation: A written request for services issued by the College soliciting responses for a P3 project, including, but not limited to, business plans, expressions of interest, ideas, offers, proposals, qualifications, or any combination thereof.

The College may publicize its needs and encourage interested parties to submit unsolicited proposals subject to the terms and conditions of the P3 Program. If any proposals are received without the issuance of a Solicitation, the proposals may be treated as an unsolicited proposal and may be evaluated by the College. All unsolicited proposals shall only be sent to the attention of the President or designee and, upon the College’s  receipt of an unsolicited proposal, the Cone of Silence shall commence. (define cone of silence in procedure).

Content of Unsolicited Proposals

General
A Proposer submitting an unsolicited proposal requesting approval of a Proposed Project as a P3 project shall specifically identify all facilities, buildings, infrastructure, and improvements included in the proposal.

Private Entities are urged to include in their proposal innovative financing methods, including the imposition of Fees or other forms of payments in lieu of or in addition to payments from the College. The P3 Program is a flexible development tool allowing for the use of innovative financing techniques. Additionally, the Proposer can structure its role on the Proposed Project in a variety of ways, from designing the facility to undertaking its financing, construction, operation, maintenance, and management. Depending on the circumstances of the Proposed Project, the Proposer is encouraged to consider different types of public-private partnership structures to the extent appropriate for the project at issue and as allowed by law.

Summary of Content Requirements
Proposals should be prepared simply and economically. They shall provide a concise description of the Proposer’s qualifications and capabilities to complete the Proposed Project and the benefits to be derived by the College from the Proposed Project. Proposals must include:

• a description of the Proposed Project,
• a description of the method by which the Proposer plans to secure any necessary property interests required for the Proposed Project,
• a conceptual plan that details how the Proposer intends to ensure an adequate level of commitment from potential finance providers, where relevant, for a timely and successful financial closing. Include a list of anticipated timelines and milestones to obtain financial commitments and to close on the financing of the project;
• If known, the names of the anticipated financiers (for example, banks, bonds, federal programs, life insurance companies, pension funds, private placements), their proposed involvement if available (in approximate percentage terms), how they were selected, and why they were preferred;
• contingency plans for addressing any financing shortfalls or issues with finance providers unable to fulfill their commitments;
• details of the funding sources for previous projects of a similar size as applicable.
• the name and address of the Proposers and the name of the project leader who may be contacted for additional information concerning the proposal,
• the sources of proposed Fees, Lease Payments, or other payments, the Proposer is anticipating, and
• additional supplemental material or information that the College reasonably requests.

 The President or designee shall promulgate additional procedures detailing format requirements for Proposals in accordance with this Policy.

Application Fee
Contemporaneously with the submission of an unsolicited proposal, the Proposer shall pay an application fee to the College in the amount of Twenty- Five Thousand Dollars ($25,000.00) to cover the costs of processing, reviewing, and evaluating the Proposal, including the fees and costs for private consultants to assist in the evaluation. The application fee is non-refundable and shall be delivered to the attention of the President or designee. If the application fee is insufficient to cover the College’s costs to evaluate the proposal, the College will request, in writing, the additional amounts required.  If the Proposer does not tender the additional requested amount with thirty (30) days of the written request, the College may, in its sole discretion, stop its review of the proposal. Within 30 days of receipt of any unsolicited proposal, or as soon as reasonably practical, the College may elect to not evaluate the unsolicited proposal, in which case the College shall return the application fee. The College reserves the right to be the sole determinant of whether to evaluate an unsolicited proposal.

The College will not review an Unsolicited Proposal that is not accompanied by the payment of this fee.  

Process for Submission and Evaluation
The College shall provide deadlines for submission of certain requested information related to the Proposal or project evaluation. Failure to meet such deadlines may result in the rejection of the Proposal.

The College shall not be liable for any costs incurred by the Private Entities in preparing, submitting, or presenting an unsolicited proposal.

All unsolicited proposals must be organized in the manner outlined herein and submitted with the required application fee. No page limitation is imposed.

Only unsolicited proposals complying with this Policy and containing information sufficient for meaningful evaluation will be considered. Within sixty (60) days of receiving an unsolicited proposal, or as soon as reasonably practical, the College will preliminarily review it to determine whether to accept and recommend it for Initial Stage evaluation. After the College’s Initial Stage evaluation, if the College wishes to continue considering the unsolicited proposal, it may, at its sole and exclusive option, either advertise its receipt of the unsolicited proposal (“Notice of Receipt”) and solicit other proposals or conduct further evaluation of the unsolicited proposal before advertising for alternative and perhaps competitive bids.

Under either scenario, once the College decides to advertise for competitive bids, the manner and timing for said advertisement and competitive bidding process shall be in accordance with this Policy.  At the conclusion of the competitive bidding period, the College will commence Initial Stage evaluation of any competing proposals timely submitted. Upon completion of the Initial Stage evaluation of the proposal(s), the College may identify a shortlist of proposers/bidders with whom to continue the process. That process may require submission of a Detailed Proposal from the competitive proposers/bidders and, if not already required from the unsolicited Proposer, a Detailed Proposal may be required from them as well. At that point, the College may commence a Detailed Stage evaluation in accordance with this Policy.

If the College determines they are interested in further considering an unsolicited proposal, they may publish a public Notice of Receipt of same and invite competing bids during a competitive bidding period. Said period shall be not less than twenty-one days (21) and shall be of a duration the College shall specify. The public Notice of Receipt shall minimally state the College has received an unsolicited proposal and will accept bids for the same type of project or concept. If more than one unsolicited proposal is received for the same or similar project or concept, only one public notice shall be required for the Proposed Project. At the College’s sole and exclusive option, the public notice may provide more details to be required in responses thereto. The notice shall be posted on the College’s website, the College’s eBidding platform, published in the Florida Administrative Register and a newspaper of general circulation at least once a week for two weeks,,  and advertised in any other manner considered appropriate by the College to encourage competition and provide notice to Private Entities interested in submitting alternative and perhaps competing proposals. The Cone of Silence applies to each solicitation of competing bids and all respondents to the solicitation shall comply with the Cone of Silence.

In accordance with 255.065, F.S., the College may proceed with an unsolicited proposal for a qualifying project without engaging in a public bidding process.  Should the College move forward without a competitive public bidding process, procedures outlined in 255.065 shall govern. 

Bidders submitting competitive proposals in response to the notice shall comply with any other requirements specified in the notice and pay a bid application fee of $25,000. The initial Proposer(s) shall also submit a bid in response to the notice providing such further details about the unsolicited proposal as may be required by the notice. The initial proposer shall receive a credit for its initial unsolicited proposal application fee and shall thus only be required to pay any additional evaluation fees as established in this Policy. 

The College may require additional fees from the Proposer(s) or Bidder(s), due to additional or extraordinary costs associated with the College’s evaluation. After the public notification and bidding period has expired, the College may determine:

• To proceed further with any proposal/bids;
• To proceed to the Detailed Stage of review with one of the original unsolicited proposals only and reject any other unsolicited proposals and competitive bids received by the College;
• To proceed to the Detailed Stage with a competing bid only and reject the unsolicited proposal(s) and other competitive bids; or 
• To proceed to the Detailed Stage with any or all of the initial unsolicited proposal(s) and any or all of the competitive bids. In this event, the College shall rank the proposals and bids received in order of preference. In ranking the proposals/bids, the College may consider factors that include, but are not limited to, professional qualifications, general business terms, innovative design techniques or cost-reduction terms, finance plans, and any other factor determined by the College. Part of the ranking process, at the College's discretion, may require submission of a Detailed Proposal for evaluation by the College from every proposer and bidder whose proposals/bids the College may consider. The Detailed Proposals shall supplement the Initial Proposal and initial bid. Detailed Proposals shall comply with the requirements of this Policy.

Some Proposed Projects may require more details from prospective bidders or Proposers and more evaluation by the College. On those projects, the College may request a Detailed Stage Evaluation before awarding a contract. On projects for which the College has enough information from bidders/proposers in the Initial Proposal/Bid, the College may waive or modify the Detailed Stage evaluation.

Each bidder and/or initial Proposer, invited to submit a Detailed Proposal or modified Detailed Proposal and participate in the Detailed Stage, may be required to pay a Detailed Proposal application fee of up to $25,000, as determined by the College. The College may require additional fees from the Proposer or Bidder if a supplemental payment is required due to additional or extraordinary costs associated with the College’s evaluation.

If the College requests a Detailed Stage evaluation, the College may require the Proposer or bidder to provide any of the following information as part of a Detailed Proposal depending upon the Proposed Project’s requirements or the information received thus far by the College in Initial Proposals or responses to Solicitations or Bids or other information as requested by the College:

• A Lifecycle Cost Analysis specifying methodology and assumptions supporting same and the proposed start date of construction; anticipated roles of all parties; the source and amount of all equity, debt, and other financing mechanisms funding the design, construction, operations, and maintenance of the Proposed Project; and a schedule of anticipated revenues and costs during project operations and the manner in which said costs would be funded and revenues distributed. The Lifecycle Cost Analysis shall include a detailed analysis of the projected rate and amount of return, expected useful life of the facility, and estimated annual operating and maintenance expenses.
• Detailed analysis of the financial feasibility of the Proposed Project, including its impact on similar facilities operated or planned by the College or neighboring jurisdictions and include a detailed description of any financing plan for the project, comparing that plan with financing alternatives available to the College, and all underlying data and assumptions supporting any conclusions reached in the analysis of the financing plan proposed for the Proposed Project. The analysis shall also include any feasibility studies that support assumptions about project usage, revenue, and costs.
• For each Private Entity participating on the Proposer’s team, a statement listing all prior projects and clients’ names and contact information for the past five years. If any Private Entity has worked on more than ten projects during this period, it may limit its prior project list to ten most relevant projects, but shall include first all projects similar in scope and size to the Proposed Project second, all other public/private partnerships and, finally, as many of its other most recent projects as possible.

The President or designee shall promulgate procedures detailing requirements for the P3 Program in accordance with this Policy.

Responses to Solicitations shall comply with all requirements of the soliciting document (Notice of Receipt) and any applicable laws, statutes, rules, regulations, guidelines, and ordinances pertaining thereto.

General
Before entering into the negotiation of an Interim or Comprehensive Agreement, the College will designate specific College staff and consultants to review and negotiate appropriate terms. The terms to be negotiated shall include, but not be limited to, the scope, design, amenities, total cost, and duration of the Proposed Project. Terms will also include the College’s review, approval, and control of project design and performance standards for construction, operations, and maintenance, for which compensation to the Proposer may be adjusted should the performance standards not be met. Terms will also include the College’s right to inspect construction, operations, and maintenance as well as the records relating to the cost of such operations; periodic financial reporting by the Contracting Person of project financial performance; events of default and the parties’ rights and responsibilities in the event of same; fees, Lease Payments or service payments to be paid under the agreement; and any other terms the College deems appropriate for the Proposed Project. Timelines for the negotiation with the Proposer or bidder will be developed consistent with the scope and timing of the Proposed Project.

Any Interim or Comprehensive Agreement shall define the rights and obligations of the College and the Contracting Person with regard to the Proposed Project. Prior to entering into a Comprehensive Agreement, an Interim Agreement may be entered into that permits a Bidder/Proposer or other Private Entity to perform activities, which may be compensable, related to the Proposed Project, usually in the nature of continued due diligence activities to inform the ultimate decision-maker about the project’s feasibility. The Interim Agreement is a discretionary step, not necessary in all cases, but available should the College determine more investigation or due diligence is necessary about the Proposed Project before entering into a Comprehensive Agreement. The College shall not be bound to enter into a Comprehensive Agreement merely because it entered into an Interim Agreement. However, prior to developing or operating the Proposed Project, the Bidder/Proposer shall enter into a Comprehensive Agreement with the College.

Any changes in the terms of an Interim or Comprehensive Agreement, as may be agreed upon in writing by the parties from time to time, and in order to be enforceable, shall be added to the Interim or Comprehensive Agreement only by written amendment. Verbal changes shall not be enforceable.  No act or omission or verbal representation or statement shall be treated as an expressed or implied waiver of this requirement and all waivers shall be in writing signed by the party who is alleged to have waived any of the terms and/or conditions of the Agreement. The requirements of this paragraph, in particular, shall not be modified, amended, or waived except in writing signed by both parties. A Comprehensive Agreement may provide for the development or operation of separate phases or segments of a Proposed Project. Parties submitting bids/proposals understand that representations, information, and data supplied in support of, or in connection with, bids/proposals play a critical role in the competitive evaluation process and the ultimate selection of a bid/proposal by the College. Accordingly, as part of the Comprehensive Agreement, the Bidder/Proposer and its team members shall certify that all material representations, information, and data provided in support of or in connection with a proposal are true and correct. Such certifications shall be made by the Bidder/Proposer’s authorized representative who shall be an individual who has knowledge of the information provided in the proposal. If material changes occur with respect to any representations, information and data provided for the proposal, the Bidder/Proposer shall immediately notify the College of same in writing. Notwithstanding any language contained within the Interim or Comprehensive Agreement, any violation of this Section shall give the College the right to terminate the Agreement, withhold payment, if any is due, and seek any other remedy available under law.

Before awarding a Comprehensive Agreement, the College shall hold a public hearing on the proposal to be awarded. 

The College reserves the right at all times to reject any or all bids/proposals at any time before signing a Comprehensive Agreement for any reason and may decline to pursue the Proposed Project. In the latter event, the College may accept new proposals for the Proposed Project should the College choose to restart the process at a later date. Discussions between the College and Private Entities about needed infrastructure, improvements, or services shall not limit the ability of the College to later decide to use standard procurement procedures to meet its infrastructure needs, whether the project will be a public/private partnership or not.

Interim Agreements
The scope of an Interim Agreement may include, but not be limited to:

• Project planning and development;
• Design and engineering;
• Environmental analysis and mitigation;
• Surveying;
• Ascertaining the availability of financing for the Proposed Project;
• Geotechnical investigation of subsurface conditions at the Proposed Project site; setting the timing of the negotiation of the Comprehensive Agreement; and
• Any other provisions related to any aspect of the development or operation of a Proposed Project that the parties deem appropriate prior to executing a Comprehensive Agreement.

The terms of compensation to the Bidder/Proposer, if any, under an Interim Agreement shall be negotiated and specifically referenced in the Interim Agreement.

 

Comprehensive Agreements
The District Board of Trustees must approve any Comprehensive Agreement entered into pursuant to the P3 Program between the College and a Contracting Person before said agreement becomes enforceable. The College shall accept no liability for development or operation of a Proposed Project before entering into a Comprehensive Agreement. Each Comprehensive Agreement shall define the rights and obligations of the College and the Contracting Person regarding the Proposed Project. The terms of the Comprehensive Agreement shall be tailored to address the specific Proposed Project and may include, but not be limited to:

• The delivery of security, including performance and payment bonds, letters of credit, and other security in connection with, but not limited to, any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the Proposed Project;
• The College’s review and approval of the design of the Proposed Project;
• The rights of the College to inspect the construction, operation, and maintenance of the Proposed Project to ensure compliance with specified performance standards and adjustments in the compensation to be paid to the Contracting Person and/or liquidated damages due from the Contracting Person should they fail to meet specified performance standards and/or deadlines;
• The maintenance of insurance policies reasonably sufficient to ensure coverage of all aspects of the Proposed Project, including design, construction, and operations;
• The services to be provided by the College and the terms of compensation due to the College for same;
• The policy and procedures that will govern the rights and responsibilities of the parties if the Comprehensive Agreement is terminated or there is a material default by the Contracting Person, including the conditions governing assumption of the duties and responsibilities of the Contracting Person by the College and the transfer or purchase of property or other interests of the Contracting Person by the College;
• The terms under which the Proposer will file, with the College, financial statements pertaining to the Qualified Project prepared in accordance with generally accepted accounting principles on a periodic basis but not less than annually;
• A schedule of Fees or Lease Payments and circumstances for, and method of calculating, anticipated adjustments to same over the project life cycle;
• The mechanism by which Fees, Lease Payments, or payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be set at a level that are the same for all persons using the facility under like conditions and that will not materially discourage use of the Proposed Project;
• Service or concession contracts;
• Classifications according to reasonable categories for assessment of Fees;
• The terms and conditions under which the College will contribute financial resources if required for the Proposed Project;
• The terms and conditions under which existing site conditions will be assessed and deficiencies therein addressed, including identification of the responsible party for conducting the assessment and taking necessary remedial action;
• The terms and conditions under which capacity for the Proposed Project may be expanded;
• A periodic reporting procedure incorporating a description of the impact of the Proposed Project, financially and socially, on the College; and
• Other requirements of the P3 Program or applicable law or that the College deems appropriate.

For the construction component of the Proposed Project, the College generally anticipates addressing the following in the Comprehensive Agreement:

• The Contracting Person will be expected to assume single-point responsibility and liability for all planning, designing, financing, constructing, operating, and maintaining the Proposed Project.
• The risk of inadequate geotechnical investigation or improper interpretation of the results of the geotechnical investigation, as well as all other unforeseen site conditions, will be allocated to the Contracting Person in the Comprehensive Agreement.
• The College encourages the Contracting Person to propose a formula for the mutual sharing of cost savings realized during construction by virtue of value engineering. Mutually agreed-upon terms for the sharing of such savings will be incorporated in the Comprehensive Agreement. 

The College may require that one or more of the Private Entities and/or their principal members provide performance guarantees of all obligations undertaken in the Comprehensive Agreement. This requirement is in addition to the statutory requirement for performance and payment bonds and any other performance security required by the Comprehensive Agreement. Private Entities interested in entering into a public-private partnership with the College under the P3 Program must be willing to provide this security.

The College may advertise for competitive proposals for a P3 Project. The terms, evaluation criteria and selection process shall be outlined in the solicitation which may be made by a request for proposals, invitation to negotiate, or other method, as deemed appropriate by the College and hereinafter referred to as a "Solicitation".

Responses to a Solicitation shall comply with all requirements of the soliciting document(s) and shall comply with any applicable laws, statutes, rules, regulations, adopted policies, and procedures pertaining thereto.

All Responses to a Solicitation for a P3 Project shall be evaluated by the College as set forth in its procedures. Final award decisions for P3 Projects initiated by a Solicitation shall be made in accordance with College Policy, and as determined to be in the best interests of the College.

In the event of any conflict between these procedures and College Policies, or any federal, state, county, or law or administrative authority, the terms of the respective Policies, laws, or administrative rules and regulations shall control.