evaluate
other projects based on applicable rules and its traditional conflict
of interest standards.
(14) Comprehensive development agreement projects.
A consultant providing procurement or financial services with respect
to a comprehensive development agreement project described in Chapter
27, Subchapter A of this title (relating to Comprehensive Development
Agreements) may be a proposer or participate as an equity owner, team
member, consultant, or subconsultant of or to a proposer for a design-build
project, or may have a financial interest in any of the foregoing
entities with respect to a design-build project, under the conditions
described in paragraph (8) of this subsection.
(d) Rules of contact. In order to provide a fair and
unbiased procurement process, a request for qualifications will contain
rules of contact regulating communications between proposers or any
of its team members and the commission, the department, and third
parties involved in the procurement. Communication includes face-to-face,
telephone, facsimile, electronic-mail (e-mail), or formal written
communication. The rules of contact become effective upon the issuance
of the request for qualifications and may be modified in the request
for proposals. The rules of contact will include provisions:
(1) prohibiting a proposer or any of its team members
from communicating with another proposer or its team members with
regard to the project, request for qualifications, or request for
proposals, or either team's qualifications submittal or proposal;
(2) requiring each proposer to designate one or more
representatives responsible for contact with the department, and requiring
the proposer to correspond with the department regarding the project,
request for qualifications, or request for proposals only through
the department's authorized representatives and the proposer's designated
representatives;
(3) prohibiting any ex parte communication regarding
the project, request for qualifications, or request for proposals
or the procurement with any member of the commission or with any department
staff, advisors, contractors, or consultants involved in the procurement
until the earliest of the execution and delivery of the design-build
contract, the rejection of all qualifications submittals or proposals
by the department, or the cancellation of the procurement;
(4) permitting communications in exceptional circumstances
and designating department personnel authorized to approve those communications,
and providing that the restrictions on communications shall not preclude
or restrict communications with regard to matters unrelated to the
project, request for qualifications or request for proposals, or participation
in public meetings of the commission or any public or proposer workshop
related to the project, request for qualifications, or request for
proposals;
(5) designating a department employee not involved
in the procurement to act as an ombudsman who is authorized to receive
confidential communications, including questions, comments, or complaints
regarding the procurement and who, after removing, to the extent practicable,
any information identifying the proposer, forwards the communications
to the employees designated as the department's authorized representatives;
and
(6) authorizing the executive director to disqualify
a proposer from the procurement and participation in the project at
issue or to impose another sanction under Chapter 10 of this title
if it is determined that a proposer has engaged in any improper communications
in violation of the rules of contact.
(e) Exceptions to rules of contact. Notwithstanding
subsection (d)(1) of this section:
(1) minor or specialty subcontractors that are shared
between two or more proposer teams may communicate with members of
each of those teams so long as those proposers establish a protocol
to ensure that the subcontractor will not act as a conduit of information
between the teams; and
(2) the prohibition provided by that subsection does
not apply to public discussions regarding the project, request for
qualifications, or request for proposals at any department sponsored
informational meetings.
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