R926-10-18. Participation of Public Entities

(1) Notwithstanding the requirements set forth in other sections of this rule, the Department may directly negotiate and enter into tollway development agreements with public entities without a public solicitation.

(2) In order to ensure that the procurement process for tollway development agreements remains fair and competitive, public entities will not be permitted to submit proposals or to participate as a member of proposer teams with respect to solicitations issued by the Department under this Section R926-10-18. Furthermore, so long as an active solicitation is outstanding for a tollway development agreement, the Department shall not separately negotiate with a public entity for the project that is the subject of that solicitation.