(a) The department will attempt to negotiate an agreement with the approved proposer for the lease right of way from the department and for the design, development, construction, financing, operation, and maintenance of the proposed transportation facility.
(b) If an agreement that is satisfactory to the department cannot be negotiated with that proposer, or if, in the course of negotiations, it appears that the proposal will not provide the department with the overall best value, the department will formally end negotiations with that proposer, and, in its sole discretion:
  (1) if authorized by the commission, proceed to the next most highly ranked proposal and attempt to negotiate an agreement with that entity in accordance with this subsection;
  (2) reject all proposals and end the process; or
  (3) modify the request for proposals and begin the process under this subchapter again.

Source Note: The provisions of this §21.306 adopted to be effective January 6, 2011, 35 TexReg 11959