56-575.17 - Posting of conceptual proposals; public comment; public access to procurement records.
§ 56-575.17. Posting of conceptual proposals; public comment; public accessto procurement records.
A. Conceptual proposals submitted in accordance with subsection A or B of §56-575.4 to a responsible public entity shall be posted by the responsiblepublic entity within 10 working days after acceptance of such proposals asfollows:
1. For responsible public entities that are state agencies, departments, andinstitutions, posting shall be on the Department of General Service'sweb-based electronic procurement program commonly known as "eVA;" and
2. For responsible public entities that are local bodies, posting shall be onthe responsible public entity's website or by publication, in a newspaper ofgeneral circulation in the area in which the contract is to be performed, ofa summary of the proposals and the location where copies of the proposals areavailable for public inspection. Posting may also be on the Department ofGeneral Service's web-based electronic procurement program commonly known as"eVA," in the discretion of the local responsible public entity.
In addition to the posting requirements, at least one copy of the proposalsshall be made available for public inspection. Nothing in this section shallbe construed to prohibit the posting of the conceptual proposals byadditional means deemed appropriate by the responsible public entity so as toprovide maximum notice to the public of the opportunity to inspect theproposals. Trade secrets, financial records, or other records of the privateentity excluded from disclosure under the provisions of subdivision 11 of §2.2-3705.6 shall not be required to be posted, except as otherwise agreed toby the responsible public entity and the private entity.
B. The responsible public entity shall hold a public hearing on the proposalsduring the proposal review process, but not later than 30 days prior toentering into an interim or comprehensive agreement.
C. Once the negotiation phase for the development of an interim or acomprehensive agreement is complete, but before an interim agreement or acomprehensive agreement is entered into, a responsible public entity shallmake available the proposed agreement in a manner provided in subsection A.
D. Once an interim agreement or a comprehensive agreement has been enteredinto, a responsible public entity shall make procurement records availablefor public inspection, upon request. For the purposes of this subsection,procurement records shall not be interpreted to include (i) trade secrets ofthe private entity as defined in the Uniform Trade Secrets Act (§ 59.1-336 etseq.) or (ii) financial records, including balance sheets or financialstatements of the private entity that are not generally available to thepublic through regulatory disclosure or otherwise.
E. Cost estimates relating to a proposed procurement transaction prepared byor for a responsible public entity shall not be open to public inspection.
F. Any inspection of procurement transaction records under this section shallbe subject to reasonable restrictions to ensure the security and integrity ofthe records.
G. The provisions of this section shall apply to accepted proposalsregardless of whether the process of bargaining will result in an interim ora comprehensive agreement.
(2006, c. 936; 2008, c. 667; 2009, c. 762.)