Sec. 7. (a) The authority shall negotiate with one (1) or more responsible offerors who submit proposals that are determined to be reasonably capable of being selected for a public-private agreement and may seek to obtain a final offer from one (1) or more responsible offerors.

     (b) In determining whether one (1) or more responsible offerors are reasonably capable of being selected for a public-private agreement, the authority must consider all the following:

(1) The responsible offeror’s expertise, qualifications, competence, skills, and know-how to perform its obligations under the proposed public-private agreement in accordance with the public-private agreement.

(2) The financial strength of the responsible offeror, including its capitalization.

(3) The experience of the responsible offeror, or predecessor to the offeror, in other comparable projects in North America and the quality of the responsible offeror’s or predecessor’s past or present performance on other comparable projects in North America that have been completed within two (2) years of the date of the submission of the offeror’s proposal.

(4) The integrity, background, and reputation of the responsible offeror, including the absence of criminal, civil, or regulatory claims or actions against the responsible offeror.

     (c) The requirements set forth in subsection (b) also apply to the approval by the authority of any successor or replacement operator under the public-private agreement after the execution of the public-private agreement under section 11 of this chapter.

     (d) In making its determination under subsection (b) or (c), the authority shall consider:

(1) the offeror or operator;

(2) any affiliate of the offeror or operator;

(3) any party or affiliate of the offeror or operator that the offeror’s proposal sets forth as a party or affiliate that may enter into a substantive contract with the offeror or operator to carry out the obligations of the offeror or operator under the public-private agreement with respect to the construction, operations, or rehabilitation of the project; and

(4) any private entity that controls the actions of those considered by the authority under subdivisions (1) through (3).

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.145; P.L.189-2018, SEC.88.