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confidentiality , and must comply with any applicable order requiring disclosure <br />under the Oregon Public Records Law.) <br />(e) A"Business Offer," containing the proposed financial terms including, but not <br />limited to, the economic terms of the Ground Lease (including, without <br />limitation, base rent, percentage rent, escalators, and the like) and any other <br />economic consideration. <br />( fl To minimize front-end costs to the Proposer and to avoid undue <br />emphasis on design and presentation materials, a maximum of five drawings are <br />allowed. These shall include a concept site plan, floor plan(s), and elevation(s). <br />These drawings shall illustrate the proposed Project at build-out. All drawings <br />shall be not larger than 11" by 17", folded to no larger than 8 1/2" by 11". The <br />drawings shall be black and white only; color graphics are not allowed. A black <br />and white photo may be included among the five graphic submittals. Any graphic <br />submittals that exceed these limitations, or any other representation of the Project <br />design (such as slides, models, etc.), will not be considered. <br />(g) A completed Form A, Proposer's Confidential Statement of <br />Financial Capability. Form A is contained in the Appendix of this RFP. (NOTE: <br />As with item (d) above, confidential information may be separated for <br />confidential handling, if marked "confidential financial information" and <br />delivered at the same time as the rest of the submittal to the Procuring Agency, <br />Att: Courthouse Square.) <br />Interested Proposers shall submit fifteen copies of their proposal to the Salem Transit <br />District, along with a completed and signed Form A(in the Appendix of this RFP), with <br />a good faith deposit of $10,000 in the form of a certi~ed check or a letter of credit <br />jointly payable to or in favor of the Procuring Agency. The Procuring Agency reserves <br />the right to request additional information after review of the initial submissions. In <br />addition, the Procuring Agency may retain consultants to assist in the review of any <br />aspects of the proposals. The $10,000 deposit will be returned to the Proposer once they <br />have been identified as an unsuccessful Proposer. The successful Proposer's $10,000 <br />deposit will be returned upon mutual execution of the final ground lease agreement <br />between the successful Proposer and the Procuring Agency. <br />6. PROPOSAL EVALUATION. NEGOTIATION AND SELECTION <br />Proposals will be evaluated, negotiated, selected and any award made in accordance with the <br />criteria and procedures described below. The approach and procedures are those which are <br />applicable to a competitive negotiated procurement, whereby proposals are evaluated to <br />determine which are within a competitive range. Discussions and negotiations may then be <br />carried out with Proposers within the competitive range, after which Best and Final Offers <br />(BAFOs) may be requested. However, the Procuring Agency may select a proposal for award <br />without any discussions or negotiations or request for any BAFO(s). Subject to the Procuring <br />Agency's right to reject any or all proposals, the Proposer will be selected whose proposal is <br />found to be most advantageous to the Procuring Agency, based upon consideration of the criteria <br />of "Qualification Requirements" (Sections 63(a)) and "Proposal Evaluation Criteria" (Section <br />6.3(b)) below. <br />6. 1 Opening Of Proposals <br />Proposals will not be publicly opened, but the identity of each Proposer will be publicly <br />announced. All other information in each Proposal will be kept confidential during the <br />evaluation, negotiation and deliberation process prior to decision on selection or award. <br />All proposals and evaluations will be kept strictly confidential throughout the evaluation, <br />