§ 2602. Authorization
§ 2602. Authorization (a) Notwithstanding section 10 of this title or any other provision of law, the Agency may use design-build contracting to deliver projects. The Agency may evaluate and select proposals on either a best-value or a low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary […]
§ 2603. Prequalification
§ 2603. Prequalification (a) The Agency may require that entities be prequalified to submit proposals. If the Agency requires prequalification, it shall give public notice requesting qualifications from interested entities electronically through the Agency’s publicly accessible website or through advertisements in newspapers. The Agency shall issue a request-for-qualifications package to all entities requesting one in […]
§ 2604. Request for proposals
§ 2604. Request for proposals The Agency may issue a request for proposals, which shall set forth the scope of work, design parameters, construction requirements, time constraints, and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the Agency. The […]
§ 2605. Low-bid award
§ 2605. Low-bid award If the basis of the award of responsive proposals is low-bid, then each proposal, including the price or prices, shall be sealed by the proposer and submitted to the Agency as one complete package. The Agency shall award the design-build contract to the proposer that submits a responsive proposal with the […]
§ 2606. Best-value award
§ 2606. Best-value award (a) If the basis of the award of responsive proposals is best-value, then each proposal shall be submitted by the proposer to the Agency in two separate components: a sealed technical proposal and a sealed price proposal. These two components shall be submitted simultaneously. The Agency shall first open, evaluate, and […]
§ 2611. Pilot established; intent
§ 2611. Pilot established; intent (a)(1) The General Assembly hereby establishes a pilot program to authorize the Agency, for a time-limited period, to receive solicited and unsolicited proposals and to enter into P3 agreements if certain conditions are met. (2) Nothing in this subchapter is intended to modify any obligations or rights under any other […]
§ 2612. Definitions
§ 2612. Definitions As used in this subchapter: (1) “Facility” means transportation infrastructure that is, or if developed, would be, within the jurisdiction of the Agency or eligible for federal-aid funding managed through the Agency. (2) “Project” means the capital development of a facility. (3) “Proposal” means a conditional offer of a private entity that, […]
§ 2613. Authority
§ 2613. Authority (a) The Agency is authorized to receive unsolicited proposals or to solicit proposals to undertake a project as a public-private partnership. The Agency shall develop, and have authority to amend, criteria to review and evaluate such proposals to determine if they are in the public interest and shall review and evaluate all […]
§ 2614. Legislative approval
§ 2614. Legislative approval If the Secretary determines that a proposal that requires legislative approval under section 2613 of this title is in the public interest and should be pursued, the Secretary shall submit to the General Assembly: (1) a description of the proposal, including: (A) a summary of the project scope and timeline; (B) […]
§ 2615. Report
§ 2615. Report (a) Annually, on or before January 15, the Agency shall report to the House and Senate Committees on Transportation: (1) for each P3 agreement entered into following legislative approval required under this subchapter, for as long as the agreement is in effect, a description of the current status of the project and […]