NAC408.692. Negotiation of contract: Authority and duties of Department; hearing requirement.

     1. After determining the apparent successful proposer pursuant to NAC 408.686 or 408.688, the Department will attempt to negotiate a contract for the transportation facility with the apparent successful proposer.

     2. If the Department cannot negotiate a satisfactory contract, as determined by the Department, with the apparent successful proposer, the Department may suspend or end negotiations with that proposer by notifying the proposer in writing of the Department’s decision to suspend or end negotiations.

     3. If the Department suspends or ends negotiations with the apparent successful proposer, the Department may initiate negotiations with the proposer who was ranked as the next best proposer during the evaluation process. The Department may repeat the process of suspending or ending negotiations and beginning a negotiation with the next successful proposer until the Department can reach a satisfactory contract or until the Department has attempted to negotiate with every proposer which the Department ranked during the evaluation process.

     4. If the Department successfully negotiates a contract with a proposer, the Department will hold a public hearing to:

     (a) Review and ratify the selection of the proposer and the contract. Ratification of a contract requires approval by the Department and execution of the contract by the Chair of the Board.

     (b) Make available to the public a summary setting forth the criteria used by the Department to select the successful proposer and the ranking of the proposers who submitted proposals and best and final offers, if applicable. The Department will not release to a third party, or otherwise make public, any financial information submitted by a proposer.

     (Added to NAC by Dep’t of Transportation by R172-09, eff. 4-20-2010)