(a) The department may issue a request for proposals from public and private entities for the submission of detailed documentation regarding a proposed project and the associated lease of right of way.
(b) The request for proposals will provide the information necessary for a responsive proposal.
(c) The request for proposal will set out in detail the specific evaluation criteria that the department establishes for the project under §21.305 of this subchapter (relating to Selection of Entity).
(d) A request for proposal may describe the geographic limits of potential right of way to be leased.
(e) The department will publish notice of the intent to issue a request for proposal on the department's Internet website and in the Texas Register and at least one newspaper of general circulation in the state. The department may also furnish notice to entities associated with freight movement that the department believes might be interested and qualified to participate in submitting a proposal.
(f) The deadline for submitting a proposal will not be before the 31st day after the date that the notice is published in the Texas Register under subsection (e) of this section.
(g) The department will not accept unsolicited proposals under this subchapter.

Source Note: The provisions of this §21.303 adopted to be effective January 6, 2011, 35 TexReg 11959