Interim agreement

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  1. (a) Except as otherwise provided in this section, after a responsible public entity has selected the qualified respondent to a request for proposals or invitation for bids, the responsible public entity and the qualified respondent may negotiate an interim agreement that complies with the rules promulgated under this chapter.

  2. (b) A responsible public entity may enter into an interim agreement with the qualified respondent either before or in connection with the negotiation of a comprehensive agreement under § 22-10-303.

  3. (c)

    1. (1)

      1. (A) If an interim agreement is necessary to develop a qualifying project and an interim agreement cannot be negotiated and executed within the time period stated in the rules promulgated under this chapter, the responsible public entity may begin negotiations with the next most-qualified private entity that submitted a proposal in response to the request for proposals.

      2. (B) A public entity is not required to publish a new request for proposals before beginning negotiations with the next most-qualified private entity under subdivision (c)(1)(A) of this section.

    2. (2) If an interim agreement is not necessary to develop a qualifying project under the rules promulgated under this chapter, the responsible public entity and the qualified respondent shall negotiate a comprehensive agreement under § 22-10-303.


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