(a) The [INSERT STATE'S PROCUREMENT ACT] shall not apply to this section.
(b)
(1) The Department may receive, consider, evaluate, and accept an unsolicited proposal for a public-private initiative if the proposal:
(A) is independently originated and developed by the proposer;
(B) benefits the public;
(C) is prepared without Department supervision; and
(D) includes sufficient detail and information for the Department to evaluate the proposal in an objective and timely manner.
(2) Within [INSERT NUMBER] days after receiving an unsolicited proposal, the Department shall undertake a preliminary evaluation of the unsolicited proposal to determine if the proposal complies with the requirements under paragraph (1) of this subsection.
Version #1
(c)
(1) A private entity may request a review, prior to submission of an unsolicited 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 an unsolicited 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 an unsolicited 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
(c)
(1) A private entity may request a review, prior to submission of an unsolicited 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 an unsolicited proposal and that is exempt from disclosure under [INSERT CITATION TO STATE FREEDOM OF INFORMATION ACT OR OPEN RECORDS ACT].
(d)
(1) If the unsolicited proposal does not comply with the subsection (b)(1) of this section, the Department shall return the proposal without further action.
(2) If the unsolicited proposal complies with the subsection (b)(1) of this section, the Department may continue to evaluate the proposal in accordance with this section.
(e)
(1) If the unsolicited proposal complies with the subsection (b)(1) of this section, the Department shall advertise the unsolicited proposal for the purpose of receiving competitive proposals for the same proposed transportation facility.
(2) The advertisement shall outline the general nature and scope of the unsolicited proposal, including the location of the transportation facility and the work to be performed on or in connection with the transportation facility and shall specify an address to which a competing proposal may be submitted.
(3) The advertisement shall specify a reasonable time period by which competitors must submit a competing proposal to the Department.
(f) The Department may charge a reasonable fee to cover its costs to process, review, and evaluate an unsolicited proposal and any competing proposals.
(g) The Department shall:
(1) determine if any competing proposal is comparable in nature and scope to the original unsolicited proposal;
(2) evaluate the original unsolicited proposal and any comparable competing proposal; and
(3) conduct any good faith discussions and, if necessary, any negotiations concerning each qualified proposal.
(h) The Department shall evaluate an unsolicited proposal and any comparable competing proposal using the following factors:
(1) novel methods, approaches, or concepts demonstrated by the proposal;
(2) scientific, technical, or socioeconomic merits of the proposal;
(3) potential contribution of the proposal to the Department's mission;
(4) capabilities, related experience, facilities, or techniques of the private entity or unique combinations of these qualities that are integral factors for achieving the proposal objectives;
(5) qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel, who are critical to achieving the proposal objectives;
(6) how the proposal benefits the public; and
(7) any other factors appropriate to a particular proposal.
(i) After evaluating the unsolicited proposal and any competing proposals, the Department may:
(1) accept the unsolicited proposal and reject any competing proposals;
(2) reject the unsolicited proposal and accept a comparable competing proposal if the Department determines that the comparable competing proposal is the most advantageous to the State;
(3) accept both an unsolicited proposal and a competing proposal if accepting both proposals is advantageous to the State; or
(4) reject the unsolicited proposal and any competing proposals.
(j) Subsection (c) of this section shall apply to any unsolicited proposal or competing proposal that is rejected.