(a) Proposals which have technical, complex, or specialized information may require expert evaluation and review by third-party independent advisors and consultants to the RPE.
(b)
(1) The RPE may charge reasonable, nonrefundable fees to private entities to cover the costs of processing, reviewing, and evaluating any proposal, including without limitation, reasonable attorney's fees and fees for financial, technical, or other advisors or consultants.
(2) RPEs shall ensure that advisors and consultants are licensed and certified to practice in good standing in Arkansas and have no fiduciary affiliation with the qualifying project proposal submitted for review as evidenced by signed disclosure certifications.
(3) Fees charged should not exceed the actual cost incurred by the RPE to conduct the necessary review of the proposal.
(4) RPEs must identify the fee or fee schedule to be applied, including methodologies used, in the application and RFP solicitation to ensure that private entities considering an RFP response are aware of the fees associated with the review.
(c)
(1) A private entity assumes all risks in submission of a proposal.
(2) An RPE shall not incur any obligation to reimburse a private entity for any costs, damages, or loss of property incurred in the creation, development, or submission of a proposal for a qualifying project.
(d) The RPE should perform a periodic cost review of their review fees and methodologies to ensure that they are accurate and reasonable.