TN Code § 54-6-106 (2021)
2021 Tennessee Code|Title 54 - Highways, Bridges and Ferries|Chapter 6 - Public-Private Transportation Act|§ 54-6-106. Solicitation and Acceptance of Proposal for Transportation Facility — Solicitation and Selection of Private Entity

  A responsible public entity may solicit, receive, consider, evaluate, and accept a proposal for a qualifying transportation facility.   In soliciting and selecting a private entity with which to enter into a public-private initiative, the responsible public entity may utilize one (1) or more of the following procurement approaches:  Competitive sealed bidding;   Competitive selection of proposals, based on qualifications, best value, or both; or   Any other competitive selection process that the responsible public entity determines to be appropriate or reasonable and in the best interest of the public.     The responsible public entity may select multiple private entities with which to enter a public-private initiative for a transportation facility if it serves the public purpose of this chapter.    The responsible public entity may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative if the proposal:  Is independently originated and developed by the proposer;   Benefits the public; and   Includes sufficient detail and information for the responsible public entity to evaluate the proposal in an objective and timely manner.     Within sixty (60) days after receiving an unsolicited proposal, the responsible public entity shall undertake a preliminary evaluation of the unsolicited proposal to determine if the proposal complies with the requirements under subdivision (d)(1).   If the unsolicited proposal does not comply with subdivision (d)(1), the responsible public entity shall return the proposal without further action and return any fees paid by the private entity.   If the unsolicited proposal complies with subdivision (d)(1), the responsible public entity may continue to evaluate the proposal in accordance with this section; provided, that the responsible public entity shall advertise the unsolicited proposal pursuant to subdivision (d)(5) for the purpose of receiving competitive proposals for the same proposed transportation facility.   The advertisement shall outline the general nature and scope of the unsolicited proposal, including the location of the transportation facility and the work to be performed on or in connection with the transportation facility and shall specify an address to which a competing proposal may be submitted. The advertisement shall specify a reasonable time period of not less than ninety (90) days by which competitors must submit a competing proposal to the responsible public entity.   The responsible public entity shall:  Determine if any competing proposal is comparable in nature and scope to the original unsolicited proposal;   Evaluate the original unsolicited proposal and any comparable competing proposal; and   Conduct any good faith discussions and, if necessary, any negotiations concerning each qualified proposal.     After evaluating the unsolicited proposal and any competing proposals, the responsible public entity may:  Accept the unsolicited proposal and reject any competing proposals;   Reject the unsolicited proposal and accept a comparable competing proposal if the responsible public entity determines that the comparable competing proposal is the most advantageous to this state or the affected jurisdiction;   Accept both an unsolicited proposal and a competing proposal if accepting both proposals is advantageous to this state or the affected jurisdiction; or   Reject the unsolicited proposal and any competing proposals and return any remaining fees paid by the private entities.       The responsible public entity may charge a reasonable fee to cover its costs to process, review, and evaluate a solicited or unsolicited proposal and any competing proposals.   In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity shall consider whether the transportation facility is compatible with the existing transportation plan for the state, region, and affected jurisdictions.   In evaluating and selecting a solicited or unsolicited proposal and any comparable competing proposal to enter into a public-private initiative, the responsible public entity may consider the following factors:  The ability of the transportation facility to improve safety, reduce congestion, increase capacity, and promote economic growth;   The proposed cost of and financial plan for the transportation facility;   The general reputation, qualifications, industry experience, and financial capacity of the private entity;   The proposed design, operation, and feasibility of the transportation facility;   Comments from citizens within affected jurisdictions;   Benefits to the public;   The safety record of the private entity;   Novel methods, approaches, or concepts demonstrated by the proposal;   Scientific, technical, or socioeconomic merits of the proposal;   Potential contribution of the proposal to the responsible public entity's mission;   Capabilities, related experience, facilities, or techniques of the private entity or unique combinations of these qualities that are integral factors for achieving the proposal objectives;   Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel, who are critical to achieving the proposal objectives;   Comments of the owners and operators of existing transportation facilities; and   Other criteria that the responsible public entity deems appropriate.     The responsible public entity shall return any remaining fees paid by a private entity for any proposal that is rejected.   Section 54-6-107 shall apply to any unsolicited proposal or competing proposal that is rejected.