Developer Self-Performance. 5.6.1 TxDOT acknowledges that Developer is interested in developing Facilities pursuant to negotiated concession Facility Agreements, or having its Affiliates perform such work, and that Developer's performance of the Initial Scope of Work and preparation of Facility Implementation Plans is motivated, in part, by the potential opportunity to perform such work. TxDOT believes that it may receive certain advantages and benefits from the development of Facilities through concession agreements by Developer or its Affiliates and from the performance of such work by Developer or its Affiliates pursuant to other negotiated Facility Agreements, in appropriate circumstances, provided that the entity performing such work is qualified to do so and has offered to perform the work for a reasonable price and on reasonable financial terms and on other terms and conditions acceptable to TxDOT. Developer acknowledges, however, that it will not have the right to self-perform work under negotiated Facility Agreements for any particular Facility, and that, subject to Section 5.6.3, TxDOT has the right to enter into Facility Agreements for one or more Facilities with contractors selected using a competitive procurement process.
