Rule 672-17-.02 - DefinitionsThe following terms, as used in this Chapter, shall have the following meanings unless the context thereof indicates to the contrary:
(a) "Board": The State Transportation Board.(b) "Commissioner": The Commissioner of the State Department of Transportation.(c) "Department": The Department of Transportation.(d) "Director": The Director of Planning provided for by Section 32-2-43 of the Official Code of Georgia Annotated.(e) "Guidelines": Policies and procedures adopted by the Department which establishes the manner in which the Department intends on receiving and evaluating Proposals.(f) "Person" or "person": Any individual, co-partnership, association, corporation, joint venture, limited liability company, business entity, consortium of business entities, firm or joint stock company, their lessees, trustees, assignees or receivers as appointed by any court.(g) "Private contribution": Resources supplied by a private entity for a Public-Private Partnership, including funds, financing, income, revenue, cost sharing, technology, staff, materials, equipment, expertise, data, or engineering, planning, design, construction, operations or maintenance services, or other items of value.(h) "Private Partner": A person that has entered into an agreement with the Department for a Public-Private Partnership.(i) "Proposal": A written submittal for a Public-Private Partnership submitted in response to a formal solicitation issued by the Department.(j) "Proposer": A person that has submitted a statement of qualifications, proposal, or other submission in order to participate in an ongoing procurement for a Public-Private Partnership.(k) "Public-Private Partnerships" or "P3": An arrangement between the Department and one or more private or public persons that provides for one or more of the planning, development, design, construction, reconstruction, extension, expansion, financing, operation, and maintenance of a Transportation Project that may include, but is not limited to, the following: 1. Acceptance of private contribution to a Transportation Project in exchange for a public benefit concerning that Transportation Project;2. Sharing of resources and the means of providing Transportation Projects;3. Cooperation in researching, developing and implementing Transportation Projects;4. Use of innovative financing methods;5. Use of innovative project delivery methods; 6. Use of leases, licenses, permits, or franchises. The use of the word "partnership" to describe such an arrangement does not confer on the relationship formed any of the attributes or incidents of a partnership under common law or Section 14-8-1et seq. of the Official Code of Georgia Annotated.
(l) "Request for Proposals": A request for a submittal from a person for a Public-Private Partnership, as described in subsection (3) of Rule 672-17-.04.(m) "Request for Qualifications": A request for a submittal from a person of a description of that person's experience, competence, and capability to enter into and implement a Public-Private Partnership, as described in subsection (2) of Rule 672-17-.04.(n) "Transportation Project" or "Project": A project as defined under Code Section 32-2-78 of the Official Code of Georgia Annotated.Ga. Comp. R. & Regs. R. 672-17-.02
Authority O.C.G.A. Secs. 32-2-2, 32-2-79, 50-13-4.
Original Rule entitled "Definitions" adopted. F. Dec. 12, 2003; eff. Jan. 1, 2004.Repealed: New Rule of same title adopted. F. July 22, 2005; eff. August 11, 2005.Repealed: New Rule of same title adopted. F. Jan. 25, 2010; eff. Feb. 14, 2010.