Guide to Joint Development for Public Transportation Agencies (2021) / Chapter Skim
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50 Choosing a Developer 4.1 Introduction and Summary of Best Practices Once a JD project has been identified and planned, the pivotal step is to attract highly advantageous proposals from capable, trustworthy developers. In most cases, a transit agency is required (by law, by FTA regulations, or by its own governing board policies)
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Choosing a Developer 51 Request for Qualifications (RFQ) , a Request for Proposals (RFP)
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52 Guide to Joint Development for Public Transportation Agencies for this guide and the research team's experience with the selection process, there is an observable shift underway toward both of the one-step alternatives: a one-step RFP that includes a statement of qualifications and a one-step RFQ from which the agency selects a developer with whom to then negotiate the details of a full proposal. It can safely be said that preferences for the traditional two-step process and either of the one-step alternatives vary among both transit agencies and developers.
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Choosing a Developer 53 Based on the transit agency survey, the review of solicitation documents, and the research team's own experience in preparing such documents, three topics represent essential content for a successful solicitation: • Defining the selection process going forward; • Defining the JD opportunity, including project-specific goals, the design and development intent, and the proposed method of conveyance; • Defining clear evaluation criteria, both for developer qualifications and for the content of the development proposals. Defining the Selection Process The solicitation document, whether an RFQ or an RFP, should provide respondents with a clear roadmap of the selection process -- the concrete steps by which the agency intends to convert the RFQ or RFP into a preliminary selection and an eventual final award.
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54 Guide to Joint Development for Public Transportation Agencies proponents always wish to know) , but at minimum it should clarify whether the panel includes any voting or non-voting representatives of other agencies.
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Choosing a Developer 55 • Negotiation process for final award. The solicitation should provide a look-ahead to the steps that will occur after preliminary selection, including any exclusive negotiation period, the contents of the JDA that is the intended outcome of those negotiations, and an expected timeframe for the real estate closing.
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56 Guide to Joint Development for Public Transportation Agencies with current or intended zoning. Developers responding to a solicitation want to see a specific foundation of local approval in place; this is essential to the culture of predictability that developers value.
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Choosing a Developer 57 • The intended method of conveyance: how the rights to the JD parcel (or commercial space or air rights) involved in the project will be conveyed to the developer.
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58 Guide to Joint Development for Public Transportation Agencies The question with respect to the solicitation is how an agency's JD goals can be translated most effectively into project-specific evaluation criteria. While the details will vary widely, the following high-level framework is recommended: • Except for simple ITBs, and unless required by law, best practice is not to base a selection on high bid or best financial offer only, but on multiple criteria of which the financial offer is only one.
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Choosing a Developer 59 agency to combine adjacent land holdings, they do not necessarily pose a procedural dilemma; the question is whether the proposed deal is worth pursuing. As discussed in Section 8.3 and Section 8.4, some notable projects have arisen from proposals of this kind.
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60 Guide to Joint Development for Public Transportation Agencies varies as to whether this solicitation is identical to the agency's usual RFP or is streamlined in some way. • While some agencies retain the right to enter into direct negotiations (if legally permissible)
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