Nebraska · Regulations
Chapter 4 — WHEN USE OF PUBLIC PRIVATE PARTNERSHIPS MAY BE APPROPRIATE
17 sections
17 sections
- 412 NAC 4-01.01412 NAC 4-01.01. DEFINITIONS
- 412 NAC 4-01.01A412 NAC 4-01.01A. “Alternative Project Delivery Method” means one of the methods of contracting for public projects authorized in Neb
- 412 NAC 4-01.01B412 NAC 4-01.01B. “Public Private Partnership, or P3” means a project delivery method for construction or financing of capital projects or procurement of services under a written public-private partnership agreement entered into pursuant to Neb
- 412 NAC 4-01.01C412 NAC 4-01.01C. “Value-for-Money” means the process used to compare the financial impacts on the Department of use of a P3 project delivery method against other project delivery methods
- 412 NAC 4-01.02412 NAC 4-01.02. PURPOSE
- 412 NAC 4-01.03412 NAC 4-01.03. PUBLIC POLICY
- 412 NAC 4-01.04412 NAC 4-01.04. CRITERIA TO WEIGH IN ANALYZING WHEN USE OF P3 MAY BE APPROPRIATE FOR DELIVERY OF A DEPARTMENT TRANSPORTATION PROJECT
- 412 NAC 4-01.04A412 NAC 4-01.04A. 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
- 412 NAC 4-01.04B412 NAC 4-01.04B. 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:
- 412 NAC 4-01.04C412 NAC 4-01.04C. 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:
- 412 NAC 4-01.05412 NAC 4-01.05. INTERPRETIVE INTENT; CONSTRAINTS
- 412 NAC 4-01.05A412 NAC 4-01.05A. The Department decision whether the P3 delivery method is appropriate is both project and situation-specific
- 412 NAC 4-01.05B412 NAC 4-01.05B. The foregoing list of criteria is not exclusive
- 412 NAC 4-01.05C412 NAC 4-01.05C. The foregoing criteria may be considered as criteria favoring project delivery methods other than P3 as may be authorized under Nebraska law
- 412 NAC 4-01.05D412 NAC 4-01.05D. Analysis as to whether P3 delivery may be appropriate, in part according to the foregoing criteria, shall consider such additional criteria, constraints, requirements, impositions, and considerations, when appropriate, including the use of federal funding, federal participation, or other basis upon which federal law imposes requirements regarding delivery method, features, procurement, requirements, risk apportionment, or other features of the project
- 412 NAC 4-01.05E412 NAC 4-01.05E. Nothing in this rule and regulation will be construed to limit any other provision of Nebraska law, rule, or regulation, including published procurement policies and manuals
- 412 NAC 4-01.05F412 NAC 4-01.05F. The decision whether to use the P3 alternate delivery method is in the sole discretion of the Department and any such decision shall not create a right or cause of action for anyone, or the right to appeal or to contest the decision