(a) If the commission approves the further evaluation of a proposal of a private entity under §5.55 of this subchapter, the department will publish notice of that decision and provide an opportunity for the submission of competing proposals.
(b) The department will publish a notice in the Texas Register and in one or more newspapers of general circulation. The notice will state that the department has received a proposal under this subchapter, that it intends to evaluate the proposal, that it may negotiate a pass-through agreement with the proposer based on the proposal, and that it will accept for simultaneous consideration any competing proposals that the department receives in accordance with this subchapter within 45 days of the initial publication of the notice in the Texas Register, or such additional time as authorized by the commission. In determining whether to authorize additional time for submission of competing proposals, the commission will consider the complexity of the proposal.
(c) The notice will summarize the proposed project and identify its proposed location. The notice will also specify the general criteria that will be used to evaluate all proposals. Specific evaluation criteria will be set forth in the request for proposals. The criteria will include:
  (1) the factors listed in §5.55 of this subchapter, to the extent applicable;
  (2) the proposer's qualifications, technical competence, and financial capability;
  (3) an analysis of the proposer's project implementation schedule; and
  (4) any other factor deemed appropriate by the department.
(d) A proposal submitted in response to a notice must contain the information required by §5.53 of this subchapter.
(e) The original proposer may submit a revised proposal in response to a notice.
(f) Upon expiration of the 45-day period, or such additional time as authorized by the commission, the department will evaluate the proposal of the original proposer and any properly submitted competing proposals, utilizing the evaluation criteria set forth in the request for proposals.
(g) The department will rank all proposals after the evaluation described in subsection (f) of this section, and may select the private entity whose proposal provides the best value to the department. The executive director will direct the department's attempt to negotiate a pass-through agreement with that proposer.
(h) If an agreement satisfactory to the executive director cannot be negotiated with the proposer, the department will formally end negotiations with that proposer. The department may reject all proposals or proceed to the next most highly ranked proposal and attempt to negotiate an agreement with that party.

Source Note: The provisions of this §5.56 adopted to be effective February 19, 2009, 34 TexReg 1100