56-573.1:1 - Posting of conceptual proposals; public comment; public access to procurement records
§ 56-573.1:1. Posting of conceptual proposals; public comment; public accessto procurement records.
A. Conceptual proposals submitted in accordance with subsection A or B of §56-560 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 public bodies, postingshall be on the responsible public entity's website or by publication, in anewspaper of general circulation in the area in which the contract is to beperformed, of a summary of the proposals and the location where copies of theproposals are available for public inspection. Posting may also be on theDepartment of General Service's web-based electronic procurement programcommonly known as "eVA," in the discretion of the local responsible publicentity.
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. In addition to the posting requirements of subsection A, for 30 days priorto entering into an interim or comprehensive agreement, a responsible publicentity shall provide an opportunity for public comment on the proposals. Thepublic comment period required by this subsection may include a publichearing in the sole discretion of the responsible public entity. After theend of the public comment period, no additional posting shall be required.
C. Once the negotiation phase for the development of an interim or acomprehensive agreement is complete and a decision to award has been made bya responsible public entity, the responsible public entity shall present themajor business points of the interim or comprehensive agreement, includingthe use of any public funds, to its oversight board at a regularly scheduledmeeting of the board that is open to the public.
D. Once an interim agreement or a comprehensive agreement has been enteredinto, a responsible public entity shall make procurement records availablefor public inspection, in accordance with the Virginia Freedom of InformationAct (§ 2.2-3700 et seq.). For the purposes of this subsection, procurementrecords shall not be interpreted to include (i) trade secrets of the privateentity as defined in the Uniform Trade Secrets Act (§ 59.1-336 et seq.) or(ii) financial records, including balance sheets or financial statements ofthe private entity that are not generally available to the public throughregulatory 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; 2006, Sp. Sess. I, c. 1; 2007, c. 374.)