Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter G - OPERATION OF DEPARTMENT TOLL PROJECTS › Section 27.83 - Contracts to Operate Department Toll Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Transportation Code, §
										228.052
				  authorizes the department to enter into an agreement with one or more persons
				  to provide, on terms approved by the department, personnel, equipment, systems,
				  facilities, and services necessary to operate a toll project or system. This
				  section prescribes the requirements for soliciting proposals for a contract to
				  provide an operational concession to a private entity. Except as provided by
				  this section and §
										27.84
				  of this subchapter (relating to No-Cost Contracts for Services to Support the
				  Operation of Department Toll Projects), the department may use any of its
				  applicable procurement processes to procure personnel, equipment, systems,
				  facilities, or services necessary to operate a toll project or system.
(b) Procurement process. A
				  contract that provides an operational concession to the private entity shall be
				  procured using the two-step procurement process set out in subsections (c) -
				  (i) of this section.
(c) Request
				  for qualifications. The department will set forth the basic criteria for
				  professional experience, technical competence, and other information the
				  department considers relevant or necessary in a request for qualifications, and
				  will publish it, at a minimum, in one or more newspapers of general circulation
				  in this state. The department may elect to furnish fundamental details or
				  technical studies and reports relating to the toll project in the request for
				  qualifications.
(d) Request for
				  qualifications - evaluation. The department, after evaluating the submissions
				  received in response to a request for qualifications, will identify those
				  entities that will be considered qualified to submit detailed proposals for the
				  toll project. In evaluating the submissions, the department will consider
				  qualities 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
				  submissions and the relative weight given to the criteria. The department will
				  advise each entity providing a submission whether or not it is on the
				  "short-list" of qualified entities.
(e) Request for proposals. The department
				  will issue a request for proposals consisting of the submission of detailed
				  documentation regarding the project. The request for proposals may require the
				  submission of additional information relating to:
(1) the proposer's qualifications and
				  demonstrated technical competence;
(2) the feasibility of operating the toll
				  project as proposed;
(3) the
				  proposer's ability to meet schedules;
(4) a detailed financial plan, if applicable,
				  including costing methodology, cost proposals, and project financing approach;
				  or
(5) any other information the
				  department considers relevant or necessary.