Common use of Improper Communications and Contacts Clause in Contracts

Improper Communications and Contacts. The following rules of contact shall apply during the procurement for the Project, which began upon the date of issuance of this RFQ and will be completed with the execution of the P3A. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to-face, telephone, facsimile, electronic-mail (e-mail), or formal written communication. The specific rules of contact are as follows: (a) After submittal of QSs, no Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or either team’s QS and Proposal, except that team members that are shared between two or more Proposer teams may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during TxDOT-sponsored informational meetings); (b) The Proposers shall correspond with TxDOT regarding the RFQ and RFP only through TxDOT’s and Proposer’s designated representatives; (c) Commencing with the issuance of this RFQ and continuing until the earliest of (i) award and execution of the P3A, (ii) rejection of all Proposals by TxDOT or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any communications regarding the RFQ, RFP or the procurement described herein with any member of the Commission or any Commission staff or aides or with any TxDOT staff, advisors, contractors or consultants involved with the procurement or Project, except for communications with TxDOT consultants who have completed their services for the Project and been released by TxDOT, communications expressly permitted by the RFQ or RFP or except as approved in advance by the Director of the Strategic Projects Division, in his/her sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ, RFP or the procurement or from participating in public meetings of the Commission or any public or Proposer workshop related to this RFQ or the RFP. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of TxDOT; (d) The Proposers shall not contact stakeholders regarding the Project, including employees, representatives and members of the entities listed below, except as specifically approved in advance by TxDOT in writing or as set forth in this Part A, Section 6.1: • North Texas Tollway Authority (NTTA) (except as provided in subsection (e) below); • Dallas County; • City of Irving, Texas; • City of Dallas, Texas; • City of Euless, Texas; • North Central Texas Council of Governments; • Dallas Area Rapid Transit; and • TxDOT (except as provided herein). (e) Until issuance of the RFP, Proposers shall not contact NTTA or any of its employees, representatives or members regarding the Project, with contact after issuance only to the extent authorized in the RFP and under the terms and conditions set forth therein; (f) Any communications determined to be improper, at the sole discretion of TxDOT, may result in disqualification; (g) Any official information regarding the Project will be disseminated from TxDOT on Department letterhead. Any official correspondence will be in writing and signed by TxDOT’s Authorized Representative or designee; and (h) TxDOT will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.

Improper Communications and Contacts. The following rules of contact shall apply during the procurement for the Project, which began upon the date of issuance of this RFQ and will be completed with the execution of the P3A. CDA. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to-face, telephone, facsimile, electronic-electronic- mail (e-mail), or formal written communication. The specific rules of contact are as follows: (aA) After submittal of QSsPQSs, no Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or either team’s QS and Proposal, except that team members subcontractors that are shared between two or more Proposer teams may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during TxDOT-TxDOT sponsored informational meetings); (bB) The Proposers shall correspond with TxDOT regarding the RFQ and RFP only through TxDOT’s and Proposer’s designated representatives; (cC) Commencing with the issuance of this RFQ and continuing until the earliest of (i) award and execution of the P3ACDA, (ii) rejection of all Proposals by TxDOT or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any ex parte communications regarding the RFQ, RFP or the procurement described herein with any member of the Texas Transportation Commission or any Commission staff or aides or with any TxDOT staff, advisors, contractors or consultants involved with the procurement or Projectprocurement, except for communications with TxDOT consultants who have completed their services for the Project and been released by TxDOT, communications expressly permitted by the RFQ or RFP or except as approved in advance by the Director of the Strategic Projects Texas Turnpike Division, in his/her sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ, RFP or the procurement or from participating in public meetings of the Commission or any public or Proposer workshop related to this RFQ or the RFP. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of TxDOT; (dD) The Proposers shall not contact stakeholders regarding the Project, including employees, representatives and members of the entities listed below, except as specifically approved in advance by TxDOT in writing or as set forth in this Part A, Section 6.1: • North Texas Tollway Authority (NTTA) (Transportation Authority, except as provided in subsection (e) below)for communications expressly permitted under the RFP; • Dallas CountyCity of Dallas; • City of Grand Prairie; • City of Irving, Texas; • City of Dallas, TexasRegional Transportation Commission; • City of Euless, Texas; • North Central Texas Council of Governments; and • Dallas Area Rapid Transit; and • TxDOT (except as provided herein). (e) Until issuance of the RFP, Proposers shall not contact NTTA or any of its employees, representatives or members regarding the Project, with contact after issuance only to the extent authorized in the RFP and under the terms and conditions set forth therein; (fE) Any communications determined to be improper, at the sole discretion of TxDOT, may result in disqualification; (gF) Any official information regarding the Project will be disseminated from TxDOT TxDOT’s office on Department letterhead. Any official correspondence will be in writing and signed by TxDOT’s Authorized Representative or designee; and; (hG) TxDOT will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein; and (H) Proposers should not to contact any TIFIA Joint Projects office representative or consultant regarding the TIFIA application process, credit decisions, form of term sheet, form of credit agreement or any other matter relating TxDOT’s application for TIFIA credit assistance for the Project. Similarly, Proposers should not contact any USDOT representative or consultant regarding the PABs allocation for the Project.

Improper Communications and Contacts. ‌ The following rules of contact shall apply during the procurement Procurement for the Project, which Project that began upon the date of issuance of this RFQ and will be completed with either the execution of the P3A. Track and Systems contract or the cancellation of the Procurement. These rules are designed to promote a fair and unbiased procurement process. Contact includes includes, but is not limited to, face-to-face, telephone, text message/SMS, facsimile, electronic-electronic mail (e-mail), electronic messaging of any kind or formal written communication, whether direct or through intermediaries. The specific rules of contact are as follows: (a) 1. After submittal of QSsSOQs, no Proposer Offeror, or any of its team members members, may communicate with another Proposer Offeror or its team members with regard to the RFQ or subsequently issued RFP or either any other team’s QS and Proposal, except that team members SOQ or Proposal with the exception of Subcontractors that are shared between two or more Proposer teams Offeror Teams. In such cases, those Subcontractors may communicate with their respective team members so long as those Proposers Offerors establish a protocol to ensure that the subcontractor Subcontractor will not act as a conduit of information between the teams (contact among Proposer Offeror organizations is allowed during TxDOT-Authority sponsored informational meetings);. Protocols established to ensure that Subcontractors do not act as conduits of information between teams are subject to Authority review and approval, at the Authority’s discretion. (b) The Proposers 2. Offerors shall correspond with TxDOT the Authority regarding the RFQ and or RFP only through TxDOTthe Authority’s Designated Point of Contact (see Part A.4.2) and ProposerOfferor’s designated representatives;RFQ/Proposal Manager as provided on Form B. (c) Commencing with the issuance of this RFQ and continuing until the earliest of (i) award and execution of the P3A, (ii) rejection of all Proposals by TxDOT or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any communications regarding the RFQ, RFP or the procurement described herein with any member of the Commission or any Commission staff or aides or with any TxDOT staff, advisors, contractors or consultants involved with the procurement or Project, except 3. Except for communications with TxDOT consultants who have completed their services for the Project and been released by TxDOT, communications expressly permitted by the RFQ or RFP or except as approved in advance by the Director of the Strategic Projects DivisionAuthority’s Chief Counsel, in his/his or her sole discretion, no Offeror or representative thereof shall have any ex parte communications regarding the RFQ, RFP, or the Procurement with any member of the Authority Board or with any Authority staff, including any of the Authority’s advisors, contractors, or consultants (and their respective affiliates) that are involved with the Procurement or the Project including the firms and individuals identified on the list provided in Exhibit C. 4. Additionally, Offerors shall not contact the entities listed below, including any employees, representatives, and members: A. Federal Railroad Administration (FRA) B. California State Transportation Agency (CalSTA) C. California Department of Transportation (Caltrans) D. California Department of General Services (DGS) E. California Public Works Board (PWB) 5. The foregoing restriction restrictions shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ, RFP RFP, or the procurement Procurement or from participating in public meetings of the Commission Authority or any public or Proposer Authority workshop related to this RFQ or the RFP. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of TxDOT; (d) The Proposers shall not contact stakeholders regarding the Project, including employees, representatives and members of the entities listed below, except as specifically approved in advance by TxDOT in writing or as set forth in this Part A, Section 6.1: • North Texas Tollway Authority (NTTA) (except as provided in subsection (e) below); • Dallas County; • City of Irving, Texas; • City of Dallas, Texas; • City of Euless, Texas; • North Central Texas Council of Governments; • Dallas Area Rapid Transit; and • TxDOT (except as provided herein). (e) Until issuance of the RFP, Proposers shall not contact NTTA or any of its employees, representatives or members regarding the Project, with contact after issuance only to the extent authorized in the RFP and under the terms and conditions set forth therein; (f) 6. Any communications determined to be improper, at the sole discretion of TxDOTthe Authority, may result in disqualification;. (g) Any official information regarding the Project will be disseminated from TxDOT on Department letterhead7. Any official correspondence will be in writing and signed by TxDOT’s Authorized Representative or designee; and (h) TxDOT The Authority will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.

Improper Communications and Contacts. The following rules of contact shall apply during the procurement for the Project, which began upon the date of issuance of this RFQ and will be completed with the execution of the P3A. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to-to- face, telephone, facsimile, electronic-mail (e-mail), or formal written communication. The specific rules of contact are as follows: (a) After submittal of QSs, no Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or either team’s QS and Proposal, except that team members that are shared between two or more Proposer teams may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during TxDOT-sponsored informational meetings); (b) The Proposers shall correspond with TxDOT regarding the RFQ and RFP only through TxDOT’s and Proposer’s designated representatives; (c) Commencing with the issuance of this RFQ and continuing until the earliest of (i) award and execution of the P3A, (ii) rejection of all Proposals by TxDOT or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any communications regarding the RFQ, RFP or the procurement described herein with any member of the Commission or any Commission staff or aides or with any TxDOT staff, advisors, contractors or consultants involved with the procurement or Project, except for communications with TxDOT consultants who have completed their services for the Project and been released by TxDOT, communications expressly permitted by the RFQ or RFP or except as approved in advance by the Director of the Strategic Projects Division, in his/her sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ, RFP or the procurement or from participating in public meetings of the Commission or any public or Proposer workshop related to this RFQ or the RFP. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of TxDOT; (d) The Proposers shall not contact stakeholders regarding the Project, including employees, representatives and members of the entities listed below, except as specifically approved in advance by TxDOT in writing or as set forth in this Part A, Section 6.1: •  North Texas Tollway Authority (NTTA) (except as provided in subsection (e) below); •  Dallas County; •  City of Irving, Texas; •  City of Dallas, Texas; •  City of Euless, Texas; •  North Central Texas Council of Governments; •  Dallas Area Rapid Transit; and •  TxDOT (except as provided herein). (e) Until issuance of the RFP, Proposers shall not contact NTTA or any of its employees, representatives or members regarding the Project, with contact after issuance only to the extent authorized in the RFP and under the terms and conditions set forth therein; (f) Any communications determined to be improper, at the sole discretion of TxDOT, may result in disqualification; (g) Any official information regarding the Project will be disseminated from TxDOT on Department letterhead. Any official correspondence will be in writing and signed by TxDOT’s Authorized Representative or designee; and (h) TxDOT will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.

Improper Communications and Contacts. The following rules of contact shall apply during the procurement for the Project, which began upon the date of issuance of this RFQ and will be completed with the execution of the P3A. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to-to- face, telephone, facsimile, electronic-mail (e-mail), or formal written communication. The specific rules of contact are as follows: (a) After submittal of QSs, no Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or either team’s QS and Proposal, except that team members that are shared between two or more Proposer teams may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during TxDOT-sponsored informational meetings); (b) The Proposers shall correspond with TxDOT regarding the RFQ and RFP only through TxDOT’s and Proposer’s designated representatives; (c) Commencing with the issuance of this RFQ and continuing until the earliest of (i) award and execution of the P3A, (ii) rejection of all Proposals by TxDOT or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any communications regarding the RFQ, RFP or the procurement described herein with any member of the Commission or any Commission staff or aides or with any TxDOT staff, advisors, contractors or consultants involved with the procurement or Project, except for communications with TxDOT consultants who have completed their services for the Project and been released by TxDOT, communications expressly permitted by the RFQ or RFP or except as approved in advance by the Director of the Strategic Projects Division, in his/her sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ, RFP or the procurement or from participating in public meetings of the Commission or any public or Proposer workshop related to this RFQ or the RFP. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of TxDOT; (d) The Proposers shall not contact stakeholders regarding the Project, including employees, representatives and members of the entities listed below, except as specifically approved in advance by TxDOT in writing or as set forth in this Part A, Section 6.1: • North Texas Tollway Authority (NTTA) (except as provided in subsection (e) below); • Dallas County; • City of Irving, Texas; • City of Dallas, Texas; • City of Euless, Texas; • North Central Texas Council of Governments; • Dallas Area Rapid Transit; and • TxDOT (except as provided herein). (e) Until issuance of the RFP, Proposers shall not contact NTTA or any of its employees, representatives or members regarding the Project, with contact after issuance only to the extent authorized in the RFP and under the terms and conditions set forth therein; (f) Any communications determined to be improper, at the sole discretion of TxDOT, may result in disqualification; (g) Any official information regarding the Project will be disseminated from TxDOT on Department letterhead. Any official correspondence will be in writing and signed by TxDOT’s Authorized Representative or designee; and (h) TxDOT will not be responsible for any oral exchange or any other information or exchange that occurs outside the official process specified herein.