Pre-Development Agreement P3

6.1.2 23 C.R. 636.1 19 (b) is intended to ensure compliance with federal competition requirements in the allocation of services under certain public-private agreements, depending on whether this agreement sets the price and the transfer of risks. If the agreement does not set a price and transfer of risk, the developer must comply with the corresponding FHWA procurement requirements when purchasing services under the agreement and all subsequent contracts executed by the developer are considered to be primary contracts. However, if the agreement sets the price and the transfer of risk, the developer is not bound by the FHWA`s procurement requirements and all subsequent contracts executed by the developer are considered subcontractors. The pre-development agreement itself does not set a price or risk allocation for the design and construction of the project, but sets a framework for pricing and risk allocation in the implementation agreement. Therefore, in the course of the procedure envisaged by ODOT, it is not appropriate to review the pre-development agreement to determine whether the price and risk were awarded for the purposes of 23 C.F.R. 636.1 19 (b). 11.1.1 This AED may be amended at any time by the written agreement of the parties. Changes to these EDAs may include, among other things, the addition or removal of experimental features, changes to performance measures, and changes to reporting obligations. The administrator of the FHWA Oregon division is authorized to modify the AED for FHWA, subject to the agreement of the FHWA moderator.

„Pre-development agreement,“ any agreement between ODOT and a developer that provides the developer with the framework for working with ODOT for conceptual, preliminary and final project planning, as well as for the implementation of certain services related to project development. A pre-development agreement should encompass all or some of the following activities: development of a pre-development plan, pre-development public relations plan, funding plan and implementation plan, contribution to ODOT activities related to the Oregon Collaborative Agreement on the Environment and Online Transportation (CETAS), environmental permits and public information, as well as related preliminary work. A pre-development agreement may cover one or more projects. The key to promoting trust between the parties is an early effort to reconcile goals, set expectations and agree on decision-making processes. The results of these efforts are recalled in an exclusive bargaining agreement (ENA) that comes shortly after the selection and which governs the period of cooperation between selection and commercial conclusion. The ENA can also be described as an interim agreement, pre-development agreements or something else. However, they are all generally aimed at achieving the same objective: to provide the parameters in which the project can be jointly developed, in order to obtain a guaranteed price to implement the longer-term project agreement and replace the ENA. In addition to project development and project agreement negotiations, the ENA can regulate the promotion of other activities such as feasibility analysis, environmental and geotechnical studies, approval and financial restructuring. As a general rule, the ENA provides for the reimbursement by the Authority of certain costs, such as the . B of the promotion of design and other necessary working procedures, by the Authority to the private partner. If the authority decides not to proceed with the partner or private project, it owns the project and other work done by the private partner during the ENA period in exchange for reimbursement.

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