Ga. Comp. R. & Regs. R. 672-17-.06 - General Rules for Public-Private Partnerships

(1) The Department and Board reserve all rights available to them by law in administering these rules, including without limitation, the right in their sole discretion to:

(a) reject any and all responses to Requests for Qualifications or Request for Proposals at any time;

(b) suspend, discontinue or terminate evaluation of any and all responses to Requests for Qualifications or Request for Proposals at any time;

(c) suspend, discontinue or terminate final contract negotiations with any Proposer at any time prior to the actual authorized execution of such final agreement by all parties;

(d) discuss and negotiate with a Proposer without being bound by any provision in its Proposal;

(e) modify, issue addenda to, or cancel any Request for Qualifications or Request for Proposals;

(f) request or obtain additional information about any Proposal, or request revisions thereto;

(g) revise, supplement or withdraw all or any part of the Guidelines; and

(h) undertake such other action or exercise such other rights as may be provided for in the Request for Qualifications or Request for Proposals.

(2) Except as specifically provided under subsection (3)(g) of Rule 672-17-.04, no Proposal shall be made public until the procurement phase of a Public-Private Partnership Project, including any evaluation, competitive one-on-one interviews, negotiations and award, have been completed. At all times thereafter, the Department shall not disclose any trade secret or proprietary information. Subject to the foregoing, all Proposals submitted to the Department become the property of the Department and Proposers should familiarize themselves with the provisions of the Georgia Open Records Act, Section 50-18-70et seq. of the Official Code of Georgia Annotated. If a Proposer has special concerns regarding information it desires to make available to the Department, but which it believes to be a trade secret, proprietary information or other information excepted from disclosure, the Proposer should specifically designate that information as such in its Proposal. The Proposer's designation shall not be dispositive of the trade secret, proprietary or exempted nature of the information so designated.

Notes

Ga. Comp. R. & Regs. R. 672-17-.06

O.C.G.A. Secs. 32-2-2, 32-2-79, 50-13-4.

Original Rule entitled "General Rules for Public-Private Transportation Initiatives" adopted. F. Dec. 12, 2003; eff. Jan. 1, 2004. Repealed: New Rule of same title adopted. F. July 22, 2005; eff. August 11, 2005. Repealed: New Rule entitled "General Rules for Public-Private Partnerships" adopted. F. Jan. 25, 2010; eff. Feb. 14, 2010.