rfi_tex_reg_notice_v12.doc

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Notice of Request for Information – Concepts for New, Low Carbon Emitting,
Freight Transportation Facilities
The Texas Department of Transportation (TxDOT or department) is seeking information
that may assist in the development of facilities to move freight using low carbon emitting
technologies and involving systems that minimize negative environmental impacts. The
department requests your ideas on the most efficient and credible technology and
business model available to finance, develop, implement, and operate these facilities.
This Request for Information (RFI) is issued solely to assist TxDOT in its planning
processes and for data collection purposes. It does not constitute a Request for
Qualifications (RFQ), a Request for Proposals (RFP) or other solicitation document, nor
does it represent an intention to issue an RFQ or RFP in the future. This RFI does not
commit TxDOT to contract for any supply or service whatsoever, nor will any response
to this RFI be considered in the evaluation of any response to a solicitation document.
TxDOT will not pay for any information or administrative cost incurred in response to
this RFI. Responses to this RFI are due [time, date].
Background. It appears that freight traffic will greatly expand in Texas. Texas ports are
expanding their capabilities to handle greater numbers of containers. The expansion and
reconstruction of the Panama Canal will likely bring greater freight traffic to the state.
While the existing highway and rail systems have the capacity to absorb some of the
anticipated growth, there are serious concerns that they will not adequately accommodate
all future traffic. In urban areas, truck traffic contributes significantly to highway
congestion, leading to lost time for drivers, increased energy consumption, and increased
air emissions. Also, increased truck traffic requires ever-more costly repairs of the
highway system.
Concept. The department seeks new solutions for the 21st century for short and mid-haul
freight movements to provide an environmentally sensitive alternative to more trucks on
the roadways. The department is interested in concepts which include coordinated efforts
with the major Texas port-of-entry cities, such as Houston, Laredo, Corpus Christi, and
Brownsville, which would connect them to major inland-port cities such as San Antonio,
Austin, and Dallas-Fort Worth, as well as major manufacturing, warehousing, and
distribution centers. The department is interested in facilities that would produce fewer
carbon emissions, for example electric-powered facilities connected to lower-emission, or
renewable, energy sources. The department is interested in facilities which avoid impacts
to existing roadways, but the department is also interested in facilities that use right of
way already owned by the department to the extent such facilities could still meet the
other goals described here. The department is interested in facilities that could serve
additional purposes during an emergency, such as emergency response, evacuation, and
military transport. Finally, the department is also interested in concepts that include a
pilot project in order to test new technologies and their likelihood of commercial success.
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Some possible concepts include: (1) a roadway on which specially-outfitted trucks are
powered by an embedded power source; or (2) a rail facility powered by electricity.
Other possible concepts may focus on moving freight between specific economic activity
centers.
Information Requested. The department requests that any interested person, including
public or private entities, submit conceptual information on creating new freight
transportation facilities. It would be most beneficial to the department if a given concept
both includes engineering ideas, and explains how the department would implement them
including: (1) legal authority for the implementation of the facility, to include whether
current law authorizes the facility, or that the facility would require new authorizations;
(2) the sources of financing to be used, including public or private sources; (3) a
conceptual business model, explaining ownership and operation of the facility, and
conceptual revenue and cost estimates; and (4) development ideas, explaining how the
department should develop the facility from concept through construction and operation,
including the individual steps the department should take to procure the facility. The
department also requests an estimate of how the facility would affect carbon emissions.
The Next Steps. The department will review any conceptual ideas that are timely
submitted. If the department determines that the best concept is both feasible and will
benefit freight transportation, the environment, and the state in general, then the
department may pursue developing it. As the next step, all persons who are interested in
developing the selected concept would be requested to submit their proposal for a
transportation facility that would implement the concept, including an explanation of
purpose and need, preferred routes, environmental considerations, technology, financing,
construction schedules, and reductions of carbon emissions (compared to truck and rail
movements). How exactly the department would develop the concept depends on the
particular concept, and the law that would apply. For example, the procedure may be
different if the concept envisions the state leasing right of way, envisions developing a
state rail facility under Transportation Code, Chapter 91, or envisions development under
a comprehensive development agreement under Transportation Code, Chapters 91 and
223.
If the concept would have the department enter into a comprehensive development
agreement, the department would conduct a two-step procurement process. The
department would request that interested persons submit proof of their qualifications.
The persons who are selected as qualified would then submit detailed proposals to
develop the selected facility in accordance with the department’s specifications. The
department may pay stipends to the persons who are selected to submit detailed
proposals, including stipends for proposals that meet certain thresholds for being feasible
and practical. The department would select the proposal that shows the best value for the
state, and enter into a development agreement with the proposer.
Confidentiality/Public Information Act. All written correspondence, exhibits,
photographs, reports, other printed material, tapes, electronic disks, and other graphic and
visual aids submitted to TxDOT in response to this RFI are, upon their receipt by
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TxDOT, the property of the State of Texas, may not be returned to the submitting parties,
and are subject to the Public Information Act, Chapter 522, Texas Government Code (the
“Act”). Respondents should familiarize themselves with the provisions of the Act. In no
event shall the State of Texas, TxDOT, or any of their agents, representatives,
consultants, directors, officers or employees be liable to a respondent for the disclosure of
all or a portion of the information submitted in response to this RFI. Please be advised
that the conceptual ideas will be public documents upon receipt by the department. You
should not submit any trade secrets you wish to protect.
Deadline. The deadline to submit responses to this RFI is [90 days after publication in
the Texas Register]. Responses that arrive after the deadline will not be reviewed. If the
department determines that there is a concept that is feasible and practical, the department
may begin in Spring 2009 with a procurement process, with the goal of entering into a
development agreement by Spring 2010. Responses to this RFI should be submitted to:
Mark Tomlinson, P.E., Director, Texas Turnpike Authority Division, 125 East 11th
Street, Austin, Texas 78701-2483.
Additional Information. You may contact Mr. Tomlinson at 512-936-0903 for
additional information.
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