(a) The [INSERT STATE'S PROCUREMENT ACT] shall not apply to solicited proposals under this [title/chapter/article].
(b) The Department may solicit, receive, consider, evaluate, and accept a proposal for a public-private initiative.
(c) In soliciting and selecting a private entity with which to enter into a public-private initiative, the Department may utilize one or more of the following procurement approaches:
(1) sealed bidding;
(2) selection of proposals, with or without negotiations, based on qualifications, best value, or both; or
(3) any competitive selection process that the Department determines to be appropriate or reasonable.
(d) The Department may consider the following factors in evaluating and selecting a bid or proposal to enter into a public-private initiative:
(1) the ability of the transportation facility to improve safety, reduce congestion, increase capacity, and promote economic growth;
(2) the proposed cost of and financial plan for the transportation facility;
(3) the general reputation, qualifications, industry experience, and financial capacity of the private entity;
(4) the proposed design, operation, and feasibility of the transportation facility;
(5) comments from local citizens and affected jurisdictions;
(6) benefits to the public;
(7) the safety record of the private entity; and
(8) other criteria that the Department deems appropriate.
(e) The Department may select multiple private entities with which to enter a public-private agreement for a transportation facility if it is in the public interest to do so.
(f) The Department shall select a private entity or entities for a public-private initiative on a competitive basis to the maximum extent practicable.
Version #1
(g)
(1) A private entity may request a review, prior to submission of a solicited proposal, by the Department of information that the private entity has identified as confidential or proprietary to determine whether such information would be subject to disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].
(2) A private entity may identify confidential or proprietary information submitted as part of a solicited proposal. A private entity shall have an opportunity to object to the release of any information it identifies as confidential or proprietary.
(3) The Department shall review any information identified as confidential or proprietary by a private entity as part of a solicited proposal and shall determine if such information is exempt from disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].
(4) The Department shall inform the private entity that submitted the information of its determination of whether information identified by the private entity as confidential or proprietary is subject to disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].
(5) The private entity shall have the opportunity to object to the determination that the information is subject to disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT] or to withdraw its proposal.
(6) Any information determined by the State to be confidential or proprietary shall be exempt from disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].
(7) Any information not determined to be confidential or proprietary may be subject to disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].
Version #2
(1) A private entity may request a review, prior to submission of a solicited proposal, by the Department of information that the private entity has identified a confidential or proprietary to determine whether such information will be subject to disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].
(2) The Department shall take appropriate action to protect confidential or proprietary information that a private entity provides as part of a solicited proposal and that is exempt from disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].