Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.4 - Solicited Proposals

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  If the department develops a concept for private participation in an eligible
				  project, it will solicit participation in accordance with the requirements of
				  this section.
(b) Request for
				  qualifications - notice. If authorized by the commission to issue a request for
				  qualifications for an eligible project, the department will set forth the basic
				  criteria for professional experience, technical competence, and capability to
				  complete a proposed project, and such other information as the department
				  considers relevant or necessary in the request for qualifications. The
				  department will publish notice advertising the issuance of the request for
				  qualifications in the
Texas Register
and will post the notice
				  and the request for qualifications on the department's Internet website. The
				  department may also elect to furnish the request for qualifications to
				  businesses in the private sector that the department otherwise believes might
				  be interested and qualified to participate in the project which is the subject
				  of the request for qualifications.
(c) Request for qualifications - content. At
				  its sole option, the department may elect to furnish conceptual designs,
				  fundamental details, technical studies and reports or detailed plans of the
				  proposed project in the request for qualifications. The request for
				  qualifications may request one or more conceptual approaches to bring the
				  project to fruition.
(d) Request
				  for qualifications - evaluation. The department, after evaluating the
				  qualification submittals received in response to a request for qualifications,
				  will identify and approve a "short-list" that is composed of those entities
				  that are considered most qualified to submit detailed proposals for a proposed
				  project. In evaluating the qualification submittals, the department will
				  consider the results of performance evaluations conducted by the department
				  under §
										27.3
				  of this subchapter (relating to General Rules for Private Involvement) and
				  §
										9.152
				  of this title (relating to General Rules for Design-Build Contracts) determined
				  by the department to be relevant to the project, the results of other
				  performance evaluations determined by the department to be relevant to the
				  project, and other objective evaluation criteria that the department considers
				  relevant to the project, which may include the private entity's financial
				  condition, management stability, technical capability, experience, staffing,
				  and organizational structure. The request for qualifications will include the
				  criteria used to evaluate the qualification submittals and the relative weight
				  given to the criteria. The department shall advise each entity providing a
				  qualification submittal whether it is on the short-list of qualified
				  entities.
(e) Requests for
				  proposals. If authorized by the commission, the department will issue a request
				  for proposals from all private entities qualified for the short-list,
				  consisting of the submission of detailed documentation regarding the project.
				  The request for proposals will require the submission of a proposed price
				  breakdown if required by §
										27.10
				  of this subchapter, and may require the submission of additional information
				  relating to:
(1) the proposer's
				  qualifications and demonstrated technical competence;
(2) the feasibility of developing the project
				  as proposed;
(3) detailed
				  engineering or architectural designs;
(4) the proposer's ability to meet
				  schedules;
(5) a detailed financial
				  plan, including costing methodology, cost proposals, and project financing
				  approach; or
(6) any other
				  information the department considers relevant or necessary.