228:109 Duties. –
I. The commission shall:
(a) Establish a general framework for public-private partnership contracts that establishes a process for the submission and evaluation of all such projects and provides a format and forms to enable the bidder to comply with the requirements including terms and conditions.
(b) Provide for the submission of unsolicited proposals, including setting qualification criteria for unsolicited proposals and establishing a process for evaluating unsolicited proposals.
(c) Provide a method and structure for using public advisors for strategic planning, proposal evaluations, and project monitoring and utilize public professionals on a case-by-case basis.
(d) Perform an analysis to determine whether a project is suitable for a public-private partnership whenever the department notifies the commission of its intent to pursue a public-private partnership contract.
(e) Hold a minimum of 2 publicly noticed hearings per project to establish whether public-private partnership is the appropriate procurement method. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
(f) Make recommendations to the commissioner, subject to the approval of the governor and council and the capital project overview committee, concerning the use of public-private partnerships for certain projects.
(g) Upon approval of the governor and council and the capital project overview committee, the commission shall support the department in the development of a request for proposals.
(h) Provide criteria for qualifications to bid per project, including but not limited to, adequate equipment to perform, financial stability, and proven record on projects of this type.
(i) Assure that any public-private partnership agreement is advanced in accordance with the department's design, permitting, and right of way acquisition process and complies with all federal and state design criteria.
(j) Estimate the costs associated with hiring qualified private and public support personnel to advance and oversee any public-private partnership contract.
(k) Hold a minimum of one publicly noticed hearing per project to solicit public feedback concerning the draft request for proposals. Such notice shall be provided at least 14 days prior to the hearing date. The commission shall allow for a 30-day public comment period following the publicly noticed hearing.
II. Once the commission is satisfied that the request for proposals is complete, governor and council approval shall be obtained before it is released by the department.
Source. 2016, 276:3, eff. Aug. 15, 2016. 2023, 192:4, eff. Aug. 4, 2023.