(a) Notwithstanding any other provision of state law, the public sponsor is authorized to procure a private partner and award public private partnerships under this Act using any of the following:
(1) Calls for project proposals, whereby the public sponsor describes the public infrastructure facility(ies) that private entities are invited to submit proposals to develop;
(2) Solicitations using, without limitation, requests for qualifications, short-listing of qualified proposers, requests for proposals, negotiations, best and final offers; and
(3) Unsolicited proposals, provided that if the public sponsor determines there is sufficient merit to pursue any unsolicited proposal, reasonable opportunity for other entities to submit competing proposals for consideration and possible contract award is provided;
(b) For any procurement in which the public sponsor issues a request for qualifications, request for proposals or similar solicitation document, the request shall generally set forth the factors that the public sponsor will evaluate when reviewing the submittals. The public sponsor may, in its sole discretion, determine which factors it will consider and the relative weight of such factors in the evaluation process to obtain the best value for the public sponsor.
(c) The public sponsor is authorized to pay a stipend to an unsuccessful proposer, in an amount and on the terms and conditions determined by the public sponsor, if (i) the public sponsor cancels the procurement prior to the due date for proposals in the request for proposals or (ii) the unsuccessful proposer submits a proposal and the public sponsor determines that the proposal is responsive to the public sponsor's request for proposals and meets all requirements established by the public sponsor for the project. In exchange for such stipend, the public sponsor may require the unsuccessful proposer to grant to the public sponsor the right to use any work product contained in the unsuccessful proposer's proposal or, if the public sponsor cancels the procurement prior to the due date for proposals in the request for proposals, any work product developed prior to cancellation, including technologies, techniques, methods, processes and information contained in the recipient's project design.
(d) The public sponsor may charge a reasonable administrative fee for the evaluation of an unsolicited project proposal.
(e) The public sponsor may procure services, award agreements and administer revenues as authorized in this chapter.
(f) The public sponsor may retain financial, legal and other consultants and experts inside and outside the public sector to assist in the procurement, evaluation and negotiation of public-private partnerships and for the development and/or operation of eligible facilities under this Act.
(g) Notwithstanding any other provision of state law, the public sponsor may agree to or require use of arbitration or other alternative dispute resolution procedures to resolve disputes with proposers or the private partner.