(C) implementation and administration of the solicitation;
(D) preparation or implementation of any evaluation
criteria, process, or procedures;
(E) evaluation of proposer submissions (e.g., qualification
submittals and proposals);
(F) negotiation of the contract; and
(G) any other activities determined by the department
as related to a procurement.
(23) Project oversight services--Some or all of the
following services provided to the department with respect to a comprehensive
development agreement project after award of the comprehensive development
agreement:
(A) design review;
(B) construction oversight and inspection;
(C) quality control and quality assurance;
(D) project management and overview;
(E) contract administration;
(F) claims management;
(G) public relations and community outreach;
(H) right of way acquisition services; and
(I) appraisal, legal description, condemnation package,
and utility assembly review.
(24) Proposal review fee--A fee prescribed by these
rules that is required to be tendered with any unsolicited proposal.
(25) Proposer--A private entity, including any division
or affiliate of the entity, that has submitted a statement of qualifications,
proposal, or other submission in order to participate in an ongoing
procurement for the development, design, construction, financing,
operation, or maintenance of an eligible project under a comprehensive
development agreement.
(26) Reprimand--A formal, written warning that documents
an act or omission committed by the private entity.
(27) Request for proposals--A request for submittal
of a detailed proposal from private entities to acquire, design, develop,
finance, construct, reconstruct, extend, expand, maintain, or operate
an eligible project.
(28) Request for qualifications--A request for submission
by a private entity of a description of that entity's experience,
technical competence, and capability to complete an eligible project,
and such other information as the department considers relevant or
necessary.
(29) Sanction--Debarment, suspension, prohibition against
participation in particular procurement opportunities, or reprimand.
(30) Subconsultant--An individual or business entity
that performs or performed work on behalf of a consultant as part
of the performance of the consultant's work for the department, either
directly or through a subconsultant at any level.
(31) Suspension--Immediate, temporary disqualification
of a private entity from submitting a qualification submittal or other
proposal to the department, as described in §§27.3 - 27.5
of this subchapter, entering into a comprehensive development agreement,
or participating as a member of a proposer or developer team. Suspension
differs from debarment in that it may take effect prior to and during
the hearing process.
(32) Toll project--Has the meaning assigned by Transportation
Code, §201.001.
(33) Traffic and revenue services--Some or all of the
following services provided to the department with respect to a comprehensive
development agreement project:
(A) conducting draft and investment grade traffic and
revenue studies, toll elasticity studies, toll feasibility studies,
toll pricing studies, or studies or analyses of a similar nature,
including peer review studies; and
(B) data mining and preparation of reports, analyses,
and projections in connection with the traffic and projected revenues.
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Source Note: The provisions of this §27.2 adopted to be effective July 18, 2002, 27 TexReg 6377; amended to be effective September 18, 2003, 28 TexReg 8005; amended to be effective January 5, 2006, 30 TexReg 9000; amended to be effective May 17, 2007, 32 TexReg 2670; amended to be effective September 15, 2011, 36 TexReg 5951; amended to be effective February 20, 2014, 39 TexReg 1000 |