§ 8-15.5-4-7 — Negotiations with offerors

Indiana § 8-15.5-4-7

• Jurisdiction: Indiana
• Art. 15.5: PUBLIC-PRIVATE AGREEMENTS FOR TOLL
• Ch. 4: Selection of Operator by Request for Proposals

Text

(a) The authority shall negotiate with one (1)
or more responsible offerors who submit proposals that are determined
to be reasonably capable of being selected for a public-private
agreement and may seek to obtain a final offer from one (1) or more
responsible offerors.
(b) In determining whether one (1) or more responsible offerors are
reasonably capable of being selected for a public-private agreement,
the authority must consider all the following:
(1) The responsible offeror's expertise, qualifications,
competence, skills, and know-how to perform its obligations
under the proposed public-private agreement in accordance with
the public-private agreement.
(2) The financial strength of the responsible offeror, including its
capitalization.
(3) The experience of the responsible offeror, or predecessor to
the offeror, in other comparable projects in North America and
the quality of the responsible offeror's or predecessor's past or
present performance on other comparable projects in North
America that have been completed within two (2) years of the
date of the submission of the offeror's proposal.
(4) The integrity, background, and reputation of the responsible
offeror, including the absence of criminal, civil, or regulatory
claims or actions against the responsible offeror.
(c) The requirements set forth in subsection (b) also apply to the
approval by the authority of any successor or replacement operator
under the public-private agreement after the execution of the
public-private agreement under section 11 of this chapter.
(d) In making its determination under subsection (b) or (c), the
authority shall consider:
(1) the offeror or operator;
(2) any affiliate of the offeror or operator;
(3) any party or affiliate of the offeror or operator that the offeror's
proposal sets forth as a party or affiliate that may enter into a
substantive contract with the offeror or operator to carry out the
obligations of the offeror or operator under the public-private
agreement with respect to the construction, operations, or
rehabilitation of the project; and
(4) any private entity that controls the actions of those considered
by the authority under subdivisions (1) through (3).

Legislative History

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.145; P.L.189-2018, SEC.88.