004.01A The
Director of Transportation ("The Director") or designee will make an initial
determination whether any proposed project will be considered for use of an
Alternative Project Delivery Method or whether the project should be developed
under the traditional design-bid build method of Neb. Rev. Stat. §
39-1348 et seq. If a proposed
project is selected by the Director as a candidate for an alternative project
delivery method, then the following criteria shall be applied in determining
whether to use P3. The Director reserves the right to reconsider the use of P3
or another alternative delivery method whenever such reconsideration is in the
best interest of the Department.
004.01B Subject to the provisions of Section
01.05, the following are qualitative
considerations that the Department may evaluate when determining whether it is
appropriate to use a P3 delivery method:
004.01B1 Whether a project presents complex
technical requirements;
004.01B2
Whether a project affords a material opportunity to employ private sector
innovations, technical concepts, or specialized knowledge/expertise;
004.01B3 Whether there is a need to
accelerate completion or to contract for a date certain for project
completion;
004.01B4 Whether the
project affords the Department an opportunity to allocate typical public-sector
risks to a private partner in exchange for the private sector meeting
performance-based requirements rather than technical specifications;
004.01B5 Whether there are favorable market
conditions, whether by way of greater competition for projects, a program of
projects, or financial market conditions being conducive to private sector
investment under a Value-for-Money analysis;
004.01B6 Whether P3 delivery may better meet
the public expectations for project approach, project cost and
completion;
004.01B7 Whether the
project lends itself to delegating lifecycle, technology, or long-term
performance responsibilities to the private partner(s);
004.01B8 Whether the project will be required
to function at a high level, low failure rate, under intense use
conditions;
004.01B9 Whether P3
delivery may make for more efficient use of State resources, including but not
limited to human capital; and
004.01B10 Whether there is Value-for-Money in
transactional/procurement costs to pursue P3 delivery rather than conventional
delivery.
004.01C
Subject to the provisions of
01.05, the following are capital
planning, budgetary, and other monetary considerations that the Department may
take into account when determining whether it is appropriate to use a P3
delivery method:
004.01C1 Whether there is
need, or opportunity, in the project to predict, control, or reduce life cycle
costs;
004.01C2 Whether there is a
market opportunity to involve private investment to better manage capital
planning dollars relative to the need to deliver the project in the nearer
term;
004.01C3 Whether the project
presents an opportunity to capture savings from the economies of
scale;
004.01C4 Whether there is a
market opportunity to involve private investment to maximize the timing and use
of State revenue; and
004.01C5
Whether the project needs to emphasize (and thus to impose) operating and
maintenance discipline to diminish or eliminate unexpected or deferred
maintenance, or to plan for and manage expenses relating to planned
maintenance, by shifting duties to the private
partner.
