(A) The department of transportation may solicit, receive, consider, evaluate, and accept a proposal for a public-private initiative.
(B) In soliciting and selecting a private entity with which to enter into a public-private initiative, the department shall use one or both of the following:
(1) Sealed bidding;
(2) Selection of proposals, with or without negotiations, based on qualifications, best value, or both.
(C) The department shall consider the following factors in evaluating and selecting a bid or proposal to enter into a public-private initiative:
(1) The ability of the transportation facility to improve safety, reduce congestion, increase capacity, and promote economic growth;
(2) The extent that the private entity's proposal addresses the needs identified in the appropriate state, regional, or local transportation plan by improving safety, reducing congestion, increasing capacity, or enhancing economic efficiency and the private entity's proposal is on the transportation improvement program for the affected metropolitan planning organization or the state transportation improvement program;
(3) The proposed cost of and financial plan for the transportation facility;
(4) The general reputation, qualifications, industry experience, and financial capacity of the private entity;
(5) The proposed design, operation, and feasibility of the transportation facility;
(6) Comments from local citizens and affected jurisdictions;
(7) Benefits to the public and the affected transportation facility;
(8) The safety record of the private entity;
(9) Any other criteria that the department considers appropriate.
(D) The department may select multiple private entities with which to enter a public-private agreement for a transportation facility if it is in the public interest to do so.
(E) The department shall select a private entity or entities for a public-private initiative on a competitive basis.
(F) Any materials or data submitted to, made available to, or received by the director of transportation, to the extent that the material or data consist of trade secrets, as defined in section 1333.61 of the Revised Code, are confidential and are not public records for the purposes of section 149.43 of the Revised Code. Financial information received by the director that is related to a proposal is confidential and not a public record for purposes of section 149.43 of the Revised Code until such time as a proposal is selected. Prior to submission of a solicited proposal, a private entity may request a review by the department of information that the private entity has identified as confidential, to determine whether such information would be subject to disclosure under section 149.43 of the Revised Code.
Added by 129th General AssemblyFile No.7, HB 114, §101.01, eff. 6/29/2011.