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| 1 | AMENDMENT TO HOUSE BILL 2865
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| 2 | AMENDMENT NO. ______. Amend House Bill 2865 on page 8, by | ||||||
| 3 | deleting lines 13 through 15; and | ||||||
| 4 | on page 17, by replacing lines 8 through 20 with the following:
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| 5 | "Section 35. Procedures for selection. | ||||||
| 6 | (a) The Transportation Agency shall review, evaluate, | ||||||
| 7 | score, and rank proposals and determine which proposal offers | ||||||
| 8 | the best value to the public based on the evaluation criteria | ||||||
| 9 | set forth in the request for proposals. The Transportation | ||||||
| 10 | Agency shall award the contract based on this determination. | ||||||
| 11 | Notwithstanding other provisions of this Section, if for any | ||||||
| 12 | reason the proposer awarded the contract is unable or unwilling | ||||||
| 13 | to execute the contract, including the failure of the proposer | ||||||
| 14 | and the Transportation Agency to successfully complete | ||||||
| 15 | negotiations, if any, of the contract, the Transportation | ||||||
| 16 | Agency may award the contract to the proposer whose proposal
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| 1 | the Transportation Agency determines offers the public the next | ||||||
| 2 | best value. | ||||||
| 3 | (b) After a proposal has been submitted as provided in | ||||||
| 4 | Section 25, a design-builder shall not replace, remove, or | ||||||
| 5 | otherwise modify any firm identified as a member of the | ||||||
| 6 | proposer team unless: | ||||||
| 7 | (1) the firm is no longer in business; | ||||||
| 8 | (2) the firm is unable to fulfill its legal, financial, | ||||||
| 9 | or business obligations; | ||||||
| 10 | (3) the firm no longer meets the terms of its agreement | ||||||
| 11 | with the design-builder; | ||||||
| 12 | (4) the firm voluntarily removes itself from the | ||||||
| 13 | proposer team; | ||||||
| 14 | (5) the firm fails to provide a sufficient number of | ||||||
| 15 | qualified personnel to fulfill the duties identified in the | ||||||
| 16 | proposal; or | ||||||
| 17 | (6) the firm fails to negotiate in good faith, in a | ||||||
| 18 | timely manner, and in accordance with the provisions | ||||||
| 19 | established in the agreement with the design-builder. | ||||||
| 20 | (c) If the design-builder modifies the proposer team, any | ||||||
| 21 | cost savings attributable to the modification shall accrue to
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| 22 | the Department and not to the design-builder.".
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