Section 412-4-005 - INTERPRETIVE INTENT; CONSTRAINTS005.01A The Department decision whether the P3 delivery method is appropriate is both project- and situation-specific. Nothing in this rule and regulation will be construed to compel use of P3 delivery solely by virtue of the analysis of the project and situation-specific considerations against the foregoing criteria. If the Department determines by weighing the project and situation-specific considerations of a proposed project that P3 may be appropriate, the Department may nevertheless elect to deliver the project via other project delivery methods.005.01B The foregoing list of criteria is not exclusive. The foregoing list is not presented in any order, and no single criterion is to be construed as more or less important than another based upon its placement on the list. Some criteria are overlapping. No single criterion is determinative, nor is any single criterion required, for the Department to determine when use of the P3 delivery method is appropriate for a particular project.005.01C The foregoing criteria may be considered as criteria favoring project delivery methods other than P3 as may be authorized under Nebraska law.005.01D Analysis as to whether P3 delivery may be appropriate, in part according to the foregoing criteria, shall consider such additional criteria, constraints, requirements, impositions, and considerations, when appropriate, including the use of federal funding, federal participation, or other basis upon which federal law imposes requirements regarding delivery method, features, procurement, requirements, risk apportionment, or other features of the project.005.01E Nothing in this rule and regulation will be construed to limit any other provision of Nebraska law, rule, or regulation, including published procurement policies and manuals.005.01F The decision whether to use the P3 alternate delivery method is in the sole discretion of the Department and any such decision shall not create a right or cause of action for anyone, or the right to appeal or to contest the decision.412 Neb. Admin. Code, ch. 4, § 005
Adopted effective 8/22/2023