Effective Date of Rule: Thirty-one days after filing.
Purpose: New rules, chapter 468-601 WAC, Leases with private entities for retail services at park and ride lots -- Accomodations for local business.
Statutory Authority for Adoption: RCW 47.04.295.
Adopted under notice filed as WSR 13-08-004 on March 21, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 8, 2013.
Kathryn W. Taylor
Chief of Staff
LEASES WITH PRIVATE ENTITIES FOR RETAIL SERVICES AT PARK AND RIDE LOTS -- ACCOMMODATIONS FOR LOCAL BUSINESS
• The leased property is not presently needed for highway purposes.
• The agreement contains such terms and conditions as will ensure that the leased property will be used in a manner that is not inconsistent with the functions and operations of the applicable park and ride lot.
• The agreement protects the state and the local transit agency from commercial harm or other type of harm.
• The department ensures it receives best value for use of the property by using a competitive procurement process or other reasonable manner to solicit proposals.
• The agreement provides that the state is compensated in legally sufficient amounts for the use of the underlying right of way; that oversight and management of the agreement is provided for; and that any remaining compensation is distributed as required by law including, but not limited to, RCW 47.04.295 and 47.66.070.
• The term of a concession contract will generally not exceed ten years, unless WSDOT determines that necessary construction or other capital improvements to be undertaken at the site warrant a longer term.
• Notification of solicitation via the Washington electronic business solution (WEBS) web site;
• Appointment of a procurement coordinator;
• A schedule of procurement activities;
• Proposer/submitter question and answer period;
• Public notification of apparently successful proposer/submitter;
• An optional proposer/submitter debrief; and
• Complaint and protest procedures.
• The procurement process must allow for the established local retailer to be notified that WSDOT has received one or more letters from potential retailers indicating their intent to compete for a lease at the subject park and ride lot. Upon notification, the established local retailer shall be granted an opportunity to submit a proposal. The period of time allowed for the local retailer's submission of a compliant proposal shall not be less than the time allowed for other proposers to respond; and
• Eligible local businesses shall receive local preference scoring during the evaluation phase of the selection process. WSDOT shall add five percent of total possible points to the final scoring of the site proposal.