| (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.
(f) Detailed proposal evaluation criteria. The proposals
will be evaluated by the department based on those evaluation criteria
the department deems appropriate for the toll project, which may include
the reasonableness of any financial plan submitted by a proposer,
the reasonableness of the project schedule, reasonableness of assumptions
(including those related to legal liability, law enforcement, and
operation and maintenance of the project), forecasts, financial exposure
and benefit to the department, compatibility with other planned or
existing transportation facilities, likelihood of obtaining necessary
approvals and other support, cost and pricing, toll rates and projected
usage, scheduling, environmental impact, manpower availability, use
of technology, governmental liaison, and project coordination, with
attention to efficiency, quality of finished product and such other
criteria, including conformity with department policies, guidelines
and standards, as may be deemed appropriate by the department to maximize
the overall performance of the toll project and the resulting benefits
to the state. Specific evaluation criteria and requests for pertinent
information will be set forth in the request for proposals.
(g) Apparent best value proposal. Based on the evaluation
and the evaluation criteria described under subsection (f) of this
section and set forth in the request for proposals, the department
will rank all proposals that are complete, responsive to the request
for proposals, and in conformance with the requirements of this section,
and may select the private entity whose proposal offers the apparent
best value to the department.
(h) Selection of entity. The department will submit
a recommendation to the commission regarding approval of the proposal
determined to provide the apparent best value to the department. The
commission may approve or disapprove the recommendation, and if approved,
will award the agreement to the apparent best value proposer. Award
may be subject to the successful completion of negotiations, any necessary
federal action, execution by the executive director of the agreement,
and satisfaction of other conditions that are identified in the request
for proposals or by the commission. The proposers will be notified
in writing of the department's rankings. The department shall also
make the rankings available to the public.
(i) Negotiations with selected entity. If authorized
by the commission, the department will attempt to negotiate an agreement
with the apparent best value proposer to operate the project. If an
agreement satisfactory to the department cannot be negotiated with
that proposer, or if, in the course of negotiations, it appears that
the proposal will not provide the department with the overall best
value, the department will formally end negotiations with that proposer
and, in its sole discretion, either:
(1) reject all proposals;
(2) modify the request for proposals and begin again
the submission of proposals; or
(3) proceed to the next most highly ranked proposal
and attempt to negotiate an agreement with that entity in accordance
with this subsection.
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