Brian A. Blanchard - Comments

paragraph (e) highlighted below may not be clear. However, from what I can find out this section is intended to clarify that normal Federal-aid procurement requirements apply to a concession agreement whenever the agreement involves a Federal-aid project. Is that correct? § 710.709 Determination of fair market value. (a) Fair market value may be determined either on a best value basis or upon the basis of highest bid received, as may be specified by the highway agency in the request for proposals or other relevant solicitation. (b) In order to be considered fair market value, the terms of the concession agreement must be both legally binding and enforceable. (c) Any concession agreement awarded pursuant to a competitive process shall be presumed to be fair market value. Any such competitive process shall afford all interested proposers an equal opportunity to submit a proposal for the concession agreement and shall comply with applicable State and local law. (d) If a concession agreement is not awarded pursuant to a competitive process, the highway agency must demonstrate to the FHWA that the process used resulted in fair market value being received. (e) Nothing in this subpart is intended to waive the requirements of Part 172, Part 635, and Part 636 of this chapter whenever any Federal-aid (including TIFIA assistance) is to be used for a project under the concession agreement.