72-6-205 - Solicited and unsolicited tollway development agreement proposals.
72-6-205. Solicited and unsolicited tollway development agreement proposals.
(1) In accordance with this section, the department may:
(a) accept unsolicited tollway development agreement proposals; or
(b) solicit tollway development agreement proposals for a proposed project.
(2) The department shall solicit tollway development agreement proposals in accordancewith Section 63G-6-503.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedepartment and the commission shall establish rules and procedures for accepting unsolicitedproposals that require the:
(a) private entity that submits the unsolicited proposal to comply with the minimumrequirements for tollway development agreement proposals under Section 72-6-204;
(b) department to issue a request for competing proposals and qualifications thatincludes:
(i) a description of the proposed tollway development facility and the terms andconditions of a tollway development agreement;
(ii) submittal requirements;
(iii) the criteria to be used to evaluate the proposals;
(iv) the relative weight given to the criteria; and
(v) the deadline by which competing proposals must be received; and
(c) department to publish a notice advertising the request for competing proposals andproviding information regarding how to obtain a copy of the request.
(4) (a) The department may establish a fee in accordance with Section 63J-1-504 forreviewing unsolicited proposals and competing proposals submitted under this section.
(b) The department may waive the fee under Subsection (4)(a) if it determines that it isreasonable and in the best interest of the state.
Amended by Chapter 183, 2009 General Session