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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 27TOLL PROJECTS
SUBCHAPTER ACOMPREHENSIVE DEVELOPMENT AGREEMENTS
RULE §27.2Definitions

    (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.


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

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