(a) It is the policy of the department to consider the feasibility of private involvement in projects the department undertakes. The objectives of this policy are to:
  (1) expand the scope of projects studied;
  (2) accelerate the construction and completion of projects;
  (3) reduce the overall costs of a project;
  (4) minimize department financial contributions to pay the costs of a project; and
  (5) maximize the benefits of project facilities.
(b) To encourage private participation in eligible projects, the department may issue requests for proposals from private entities to acquire, design, develop, finance, construct, reconstruct, extend, expand, maintain, or operate eligible projects under a comprehensive development agreement. The department will also accept unsolicited proposals from private entities to acquire, design, develop, finance, construct, reconstruct, extend, expand, maintain, or operate eligible projects under a comprehensive development agreement, and will evaluate those proposals in accordance with these rules and the requirements of Transportation Code, Chapter 223, Subchapter E. The department will consider the extent to which private involvement in existing and future projects of the department is practicable and beneficial, and will analyze whether department participation is practicable and beneficial with respect to projects proposed by responsible private parties. The department may formulate selection criteria for its use in considering the private entities with which the department may contract to undertake responsibilities for eligible projects, as well as for evaluation of projects suggested to the department as suitable for private participation.
(c) These rules apply to private involvement in the acquisition, design, development, financing, construction, reconstruction, extension, expansion, maintenance, or operation of all or part of an eligible project or of multiple eligible projects. These rules are not intended to limit or otherwise apply to the department's procurement of goods and services in the ordinary course of its operations, for which the department may seek private participation in accordance with applicable laws, rules, and policies.

Source Note: The provisions of this §27.1 adopted to be effective July 18, 2002, 27 TexReg 6377; amended to be effective September 18, 2003, 28 TexReg 8005; amended to be effective January 5, 2006, 30 TexReg 9000