The Texas Department of Transportation (department) issues this RFQ for the purpose of identifying qualified law firms interested in providing legal representation to the department and the Texas Transportation Commission (commission) with respect to the innovative financing and development of transportation projects. Outside counsel will advise and represent the department in connection with the development and operation of transportation projects (including, without limitation, highway, toll, transit, rail, intermodal, and other related transportation facilities), comprehensive development agreements, design-build contracts, and other public/private partnerships. Outside counsel will provide legal advice and support on the terms of comprehensive development agreements, design-build contracts, and contracts to operate toll systems and drafting, negotiating, and administering these agreements, as well as legal issues involved in using public/private partnerships for the development of transportation projects, including procurement processes and innovative financing options and the implementation and structuring thereof. In response to real or anticipated changes in state and federal law, regulation, or public policy, outside counsel will advise the department of the potential impact on the financing and development of transportation projects. Extensive prior experience in providing legal services related to public/private partnerships for the development of transportation or other infrastructure projects, and the innovative financing of those projects, is required. If the respondent currently represents contractors or other private entities in relation to comprehensive development agreements, designbuild contracts or other public/private partnerships, respondent must disclose this information and address how any potential conflicts would be handled in the future.
