56-575.3:1 - Adoption of guidelines by responsible public entities

§ 56-575.3:1. Adoption of guidelines by responsible public entities.

A. A responsible public entity shall, prior to requesting or considering aproposal for a qualifying project, adopt and make publicly availableguidelines that are sufficient to enable the responsible public entity tocomply with this chapter. Such guidelines shall be reasonable, encouragecompetition, and guide the selection of projects under the purview of theresponsible public entity.

B. For a responsible public entity that is an agency or institution of theCommonwealth, the guidelines shall include, but not be limited to:

1. Opportunities for competition through public notice and availability ofrepresentatives of the responsible public entity to meet with privateentities considering a proposal;

2. Reasonable criteria for choosing among competing proposals;

3. Suggested timelines for selecting proposals and negotiating an interim orcomprehensive agreement;

4. Authorization for accelerated selection and review and documentationtimelines for proposals involving a qualifying project that the responsiblepublic entity deems a priority;

5. Financial review and analysis procedures that shall include, at a minimum,a cost-benefit analysis, an assessment of opportunity cost, and considerationof the results of all studies and analyses related to the proposed qualifyingproject. These procedures shall also include requirements for the disclosureof such analysis to the appropriating body for review prior to execution ofan interim or comprehensive agreement;

6. Consideration of the nonfinancial benefits of a proposed qualifyingproject;

7. A mechanism for the appropriating body to review a proposed interim orcomprehensive agreement prior to execution, which shall be in compliance withapplicable law and the provisions of subsection I of § 56-575.4 pertaining tothe approval of qualifying projects;

8. Establishment of criteria for (i) the creation of and the responsibilitiesof a public-private partnership oversight committee with members representingthe responsible public entity and the appropriating body or (ii) compliancewith the requirements of Chapter 42 (§ 30-278 et seq.) of Title 30. Suchcriteria shall include the scope, costs, and duration of the qualifyingproject, as well as whether the project involves or impacts multiple publicentities. The oversight committee, if formed, shall be an advisory committeeto review the terms of any proposed interim or comprehensive agreement;

9. Analysis of the adequacy of the information released when seekingcompeting proposals and providing for the enhancement of that information, ifdeemed necessary, to encourage competition pursuant to subsection G of §56-575.4;

10. Establishment of criteria, key decision points, and approvals required toensure that the responsible public entity considers the extent of competitionbefore selecting proposals and negotiating an interim or comprehensiveagreement; and

11. The posting and publishing of public notice of a private entity's requestfor approval of a qualifying project, including (i) specific information anddocumentation to be released regarding the nature, timing, and scope of thequalifying project pursuant to subsection A of § 56-575.4; (ii) a reasonabletime period as determined by the responsible public entity to encouragecompetition and public-private partnerships in accordance with the goals ofthis chapter, such reasonable period not to be less than 45 days, duringwhich time the responsible public entity shall receive competing proposalspursuant to subsection A of § 56-575.4; and (iii) a requirement foradvertising the public notice in the Virginia Business Opportunitiespublication and posting a notice on the Commonwealth's electronic procurementwebsite shall be included.

C. For a responsible public entity that is not an agency or institution ofthe Commonwealth the guidelines may include the provisions set forth insubsection B in the discretion of such public entity. However, the guidelinesof a responsible public entity that is not an agency or institution of theCommonwealth shall include:

1. A requirement that it engage the services of qualified professionals,which may include an architect, professional engineer, or certified publicaccountant, not otherwise employed by the responsible public entity, toprovide independent analysis regarding the specifics, advantages,disadvantages, and the long- and short-term costs of any request by a privateentity for approval of a qualifying project unless the governing body of theresponsible public entity determines that such analysis of a request by aprivate entity for approval of a qualifying project shall be performed byemployees of the responsible public entity; and

2. A mechanism for the appropriating body to review a proposed interim orcomprehensive agreement prior to execution.

(2005, c. 865; 2007, c. 764.)