{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1819.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1819.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1819.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1819.html"}],"law_id":72301,"edition_id":1,"section_id":72301,"structure_id":13500,"section_number":"33.2-1819","catch_line":"Procurement","history":"1995, c. 647, \u00a7 56-573.1; 2002, cc. 570, 593; 2003, c. 968; 2005, cc. 504, 562; 2006, cc. 922, 936; 2013, c. 583; 2014, c. 805.","full_text":"The Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) shall not apply to this chapter; however, a responsible public entity may enter into an interim or a comprehensive agreement only in accordance with guidelines adopted by it as follows:\n\n1\n\nA responsible public entity may enter into an interim or a comprehensive agreement in accordance with guidelines adopted by it that are consistent with procurement through “competitive sealed bidding” as set forth in § 2.2-4302.1 and subsection B of § 2.2-4310.2\n\nA responsible public entity may enter into an interim or a comprehensive agreement in accordance with guidelines adopted by it that are consistent with the procurement of “other than professional services” through competitive negotiation as set forth in § 2.2-4302.2 and subsection B of § 2.2-4310. Such responsible public entity shall not be required to select the proposal with the lowest price offer, but may consider price as one factor in evaluating the proposals received. Other factors that may be considered include (i) the proposed cost of the qualifying transportation facility; (ii) the general reputation, qualifications, industry experience, and financial capacity of the private entity; (iii) the proposed design, operation, and feasibility of the qualifying transportation facility; (iv) the eligibility of the facility for priority selection, review, and documentation timelines under the responsible public entity’s guidelines; (v) local citizen and public entity comments; (vi) benefits to the public; (vii) the private entity’s compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (viii) the private entity’s plans to employ local contractors and residents; (ix) the safety record of the private entity; (x) the ability of the facility to address the needs identified in the appropriate state, regional or local transportation plan by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof; and (xi) other criteria that the responsible public entity deems appropriate.\n\t\t\tA responsible public entity shall proceed in accordance with the guidelines adopted by it pursuant to subdivision 1 unless it determines that proceeding in accordance with the guidelines adopted by it pursuant to this subdivision is likely to be advantageous to the responsible public entity and the public, based on (a) the probable scope, complexity, or urgency of a project; (b) risk sharing including guaranteed cost or completion guarantees, added value, or debt or equity investments proposed by the private entity; or (c) an increase in funding, dedicated revenue source or other economic benefit that would not otherwise be available. When the responsible public entity determines to proceed according to the guidelines adopted by it pursuant to this subdivision, it shall state the reasons for its determination in writing. If a state agency is the responsible public entity, the approval of the Secretary shall be required as more specifically set forth in the guidelines before the comprehensive agreement is signed.3\n\nInterim or comprehensive agreements for maintenance or asset management services for a transportation facility that is a highway, bridge, tunnel, or overpass, and any amendment or change order thereto that increases the highway lane-miles receiving services under such an agreement, shall be procured in accordance with guidelines that are consistent with procurement through “competitive sealed bidding” as set forth in § 2.2-4302.1 and subsection B of § 2.2-4310. Furthermore, such contracts shall be of a size and scope to encourage maximum competition and participation by agency prequalified contractors and otherwise qualified contractors.4\n\nThe provisions of subdivision 3 shall not apply to maintenance or asset management services agreed to as part of the initial provisions of any interim or comprehensive agreement entered into for the original construction, reconstruction, or improvement of any highway pursuant to this chapter and shall not apply to any concession that, at a minimum, provides for (i) the construction, reconstruction, or improvement of any transportation facility or (ii) the operation and maintenance of any transportation facility with existing toll facilities.5\n\nNothing in this section shall require that professional services be procured by any method other than competitive negotiation in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.).","order_by":null,"text":{"0":{"id":260434,"text":"The Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) shall not apply to this chapter; however, a responsible public entity may enter into an interim or a comprehensive agreement only in accordance with guidelines adopted by it as follows:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":260435,"text":"A responsible public entity may enter into an interim or a comprehensive agreement in accordance with guidelines adopted by it that are consistent with procurement through “competitive sealed bidding” as set forth in § 2.2-4302.1 and subsection B of § 2.2-4310.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":260436,"text":"A responsible public entity may enter into an interim or a comprehensive agreement in accordance with guidelines adopted by it that are consistent with the procurement of “other than professional services” through competitive negotiation as set forth in § 2.2-4302.2 and subsection B of § 2.2-4310. Such responsible public entity shall not be required to select the proposal with the lowest price offer, but may consider price as one factor in evaluating the proposals received. Other factors that may be considered include (i) the proposed cost of the qualifying transportation facility; (ii) the general reputation, qualifications, industry experience, and financial capacity of the private entity; (iii) the proposed design, operation, and feasibility of the qualifying transportation facility; (iv) the eligibility of the facility for priority selection, review, and documentation timelines under the responsible public entity’s guidelines; (v) local citizen and public entity comments; (vi) benefits to the public; (vii) the private entity’s compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (viii) the private entity’s plans to employ local contractors and residents; (ix) the safety record of the private entity; (x) the ability of the facility to address the needs identified in the appropriate state, regional or local transportation plan by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof; and (xi) other criteria that the responsible public entity deems appropriate.\n\t\t\tA responsible public entity shall proceed in accordance with the guidelines adopted by it pursuant to subdivision 1 unless it determines that proceeding in accordance with the guidelines adopted by it pursuant to this subdivision is likely to be advantageous to the responsible public entity and the public, based on (a) the probable scope, complexity, or urgency of a project; (b) risk sharing including guaranteed cost or completion guarantees, added value, or debt or equity investments proposed by the private entity; or (c) an increase in funding, dedicated revenue source or other economic benefit that would not otherwise be available. When the responsible public entity determines to proceed according to the guidelines adopted by it pursuant to this subdivision, it shall state the reasons for its determination in writing. If a state agency is the responsible public entity, the approval of the Secretary shall be required as more specifically set forth in the guidelines before the comprehensive agreement is signed.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":260437,"text":"Interim or comprehensive agreements for maintenance or asset management services for a transportation facility that is a highway, bridge, tunnel, or overpass, and any amendment or change order thereto that increases the highway lane-miles receiving services under such an agreement, shall be procured in accordance with guidelines that are consistent with procurement through “competitive sealed bidding” as set forth in § 2.2-4302.1 and subsection B of § 2.2-4310. Furthermore, such contracts shall be of a size and scope to encourage maximum competition and participation by agency prequalified contractors and otherwise qualified contractors.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":260438,"text":"The provisions of subdivision 3 shall not apply to maintenance or asset management services agreed to as part of the initial provisions of any interim or comprehensive agreement entered into for the original construction, reconstruction, or improvement of any highway pursuant to this chapter and shall not apply to any concession that, at a minimum, provides for (i) the construction, reconstruction, or improvement of any transportation facility or (ii) the operation and maintenance of any transportation facility with existing toll facilities.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":260439,"text":"Nothing in this section shall require that professional services be procured by any method other than competitive negotiation in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.).","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":13500,"edition_id":1,"name":"Public-Private Transportation Act of 1995","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":13146,"metadata":{},"date_created":"2026-06-26 03:45:04","date_modified":"2026-06-26 03:45:04","permalink":{"id":206817,"object_type":"structure","relational_id":13500,"identifier":"18","token":"33.2\/III\/18","url":"\/33.2\/III\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13146,"edition_id":1,"name":"Transportation Funding and Development","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":206483,"object_type":"structure","relational_id":13146,"identifier":"III","token":"33.2\/III","url":"\/33.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58174,"structure_id":13500,"section_number":"33.2-1800","catch_line":"Definitions","url":"\/33.2-1800\/","token":"33.2\/III\/18\/33.2-1800","metadata":false},{"id":54467,"structure_id":13500,"section_number":"33.2-1801","catch_line":"Policy","url":"\/33.2-1801\/","token":"33.2\/III\/18\/33.2-1801","metadata":false},{"id":71783,"structure_id":13500,"section_number":"33.2-1802","catch_line":"Prerequisite for operation","url":"\/33.2-1802\/","token":"33.2\/III\/18\/33.2-1802","metadata":false},{"id":87041,"structure_id":13500,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","url":"\/33.2-1803\/","token":"33.2\/III\/18\/33.2-1803","metadata":false},{"id":82571,"structure_id":13500,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","metadata":false},{"id":68237,"structure_id":13500,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","url":"\/33.2-1803.1_1\/","token":"33.2\/III\/18\/33.2-1803.1_1","metadata":false},{"id":80775,"structure_id":13500,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","url":"\/33.2-1803.2\/","token":"33.2\/III\/18\/33.2-1803.2","metadata":false},{"id":85932,"structure_id":13500,"section_number":"33.2-1804","catch_line":"Service contracts","url":"\/33.2-1804\/","token":"33.2\/III\/18\/33.2-1804","metadata":false},{"id":65908,"structure_id":13500,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","url":"\/33.2-1805\/","token":"33.2\/III\/18\/33.2-1805","metadata":false},{"id":84826,"structure_id":13500,"section_number":"33.2-1806","catch_line":"Dedication of public property","url":"\/33.2-1806\/","token":"33.2\/III\/18\/33.2-1806","metadata":false},{"id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","metadata":false},{"id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","metadata":false},{"id":84012,"structure_id":13500,"section_number":"33.2-1809","catch_line":"Interim agreement","url":"\/33.2-1809\/","token":"33.2\/III\/18\/33.2-1809","metadata":false},{"id":86910,"structure_id":13500,"section_number":"33.2-1810","catch_line":"Multiple public entities","url":"\/33.2-1810\/","token":"33.2\/III\/18\/33.2-1810","metadata":false},{"id":76088,"structure_id":13500,"section_number":"33.2-1811","catch_line":"Federal, state, and local assistance","url":"\/33.2-1811\/","token":"33.2\/III\/18\/33.2-1811","metadata":false},{"id":74906,"structure_id":13500,"section_number":"33.2-1812","catch_line":"Financing","url":"\/33.2-1812\/","token":"33.2\/III\/18\/33.2-1812","metadata":false},{"id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","metadata":false},{"id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","metadata":false},{"id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","metadata":false},{"id":79555,"structure_id":13500,"section_number":"33.2-1816","catch_line":"Police powers; violations of law","url":"\/33.2-1816\/","token":"33.2\/III\/18\/33.2-1816","metadata":false},{"id":82536,"structure_id":13500,"section_number":"33.2-1817","catch_line":"Dedication of assets","url":"\/33.2-1817\/","token":"33.2\/III\/18\/33.2-1817","metadata":false},{"id":80098,"structure_id":13500,"section_number":"33.2-1818","catch_line":"Sovereign immunity","url":"\/33.2-1818\/","token":"33.2\/III\/18\/33.2-1818","metadata":false},{"id":72301,"structure_id":13500,"section_number":"33.2-1819","catch_line":"Procurement","url":"\/33.2-1819\/","token":"33.2\/III\/18\/33.2-1819","metadata":false},{"id":55286,"structure_id":13500,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/33.2-1820\/","token":"33.2\/III\/18\/33.2-1820","metadata":false},{"id":71227,"structure_id":13500,"section_number":"33.2-1821","catch_line":"Jurisdiction","url":"\/33.2-1821\/","token":"33.2\/III\/18\/33.2-1821","metadata":false},{"id":76828,"structure_id":13500,"section_number":"33.2-1822","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/33.2-1822\/","token":"33.2\/III\/18\/33.2-1822","metadata":false},{"id":75555,"structure_id":13500,"section_number":"33.2-1823","catch_line":"Preservation of the Virginia Highway Corporation Act of 1988","url":"\/33.2-1823\/","token":"33.2\/III\/18\/33.2-1823","metadata":false},{"id":69769,"structure_id":13500,"section_number":"33.2-1824","catch_line":"Repealed","url":"\/33.2-1824\/","token":"33.2\/III\/18\/33.2-1824","metadata":false}],"previous_section":{"id":80098,"structure_id":13500,"section_number":"33.2-1818","catch_line":"Sovereign immunity","url":"\/33.2-1818\/","token":"33.2\/III\/18\/33.2-1818","metadata":false},"next_section":{"id":55286,"structure_id":13500,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/33.2-1820\/","token":"33.2\/III\/18\/33.2-1820","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1819\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 647<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapters 570<\/a> and 593<\/a>; in 2003, chapter 968<\/a>; in 2005, chapters 504<\/a> and 562<\/a>; in 2006, chapters 922<\/a> and 936<\/a>; in 2013, chapter 583<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":82571,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","order_by":null,"url":"\/33.2-1803.1\/"}],"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":61316,"section_number":"2.2-4302.1","catch_line":"Process for competitive sealed bidding","order_by":null,"url":"\/2.2-4302.1\/"},{"id":80758,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","order_by":null,"url":"\/2.2-4302.2\/"},{"id":59798,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","order_by":null,"url":"\/2.2-4310\/"},{"id":70958,"section_number":"2.2-4310.2","catch_line":"Executive branch agency's goals for participation by small businesses; requirements","order_by":null,"url":"\/2.2-4310.2\/"}],"permalink":{"id":206907,"object_type":"law","relational_id":72301,"identifier":"33.2-1819","token":"33.2\/III\/18\/33.2-1819","url":"\/33.2-1819\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1819\/","token":"33.2\/III\/18\/33.2-1819","dublin_core":{"Title":"Procurement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1819","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Virginia Public Procurement Act (\u00a7 2.2-4300<\/a> et seq.) shall not apply to this chapter; however, a responsible public entity<\/span> may enter into an interim or a comprehensive agreement<\/span> only in accordance with guidelines adopted by it as follows:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A responsible public entity<\/span> may enter into an interim or a comprehensive agreement<\/span> in accordance with guidelines adopted by it that are consistent with procurement through “competitive sealed<\/span> bidding” as set forth in § 2.2-4302.1<\/a> and subsection B of § 2.2-4310<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A responsible public entity<\/span> may enter into an interim or a comprehensive agreement<\/span> in accordance with guidelines adopted by it that are consistent with the procurement of “other than professional services” through competitive negotiation as set forth in § 2.2-4302.2<\/a> and subsection B of § 2.2-4310<\/a>. Such responsible public entity<\/span> shall not be required to select the proposal with the lowest price offer, but may consider price as one factor in evaluating the proposals received. Other factors that may be considered include (i) the proposed cost of the qualifying transportation facility<\/span>; (ii) the general reputation, qualifications, industry experience, and financial capacity of the private entity<\/span>; (iii) the proposed design, operation<\/span>, and feasibility of the qualifying transportation facility<\/span>; (iv) the eligibility of the facility for priority selection, review, and documentation timelines under the responsible public entity<\/span>’s guidelines; (v) local citizen and public entity comments; (vi) benefits to the public; (vii) the private entity<\/span>’s compliance with a minority business enterprise participation plan or good faith effort to comply with the goals of such plan; (viii) the private entity<\/span>’s plans to employ local contractors and residents; (ix) the safety record of the private entity<\/span>; (x) the ability of the facility to address the needs identified in the appropriate state<\/span>, regional or local transportation plan by improving safety, reducing congestion, increasing capacity, enhancing economic efficiency, or any combination thereof; and (xi) other criteria that the responsible public entity<\/span> deems appropriate.\n\t\t\tA responsible public entity<\/span> shall proceed in accordance with the guidelines adopted by it pursuant to subdivision 1 unless it determines that proceeding in accordance with the guidelines adopted by it pursuant to this subdivision is likely to be advantageous to the responsible public entity<\/span> and the public, based on (a) the probable scope, complexity, or urgency of a project; (b) risk sharing including guaranteed cost or completion guarantees, added value, or debt or equity<\/span> investments proposed by the private entity<\/span>; or (c) an increase in funding, dedicated revenue source or other economic benefit that would not otherwise be available. When the responsible public entity<\/span> determines to proceed according to the guidelines adopted by it pursuant to this subdivision, it shall state<\/span> the reasons for its determination in writing. If a state<\/span> agency is the responsible public entity<\/span>, the approval of the Secretary<\/span> shall be required as more specifically set forth in the guidelines before the comprehensive agreement<\/span> is signed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Interim or comprehensive agreements<\/span> for maintenance<\/span> or asset management<\/span> services for a transportation facility that is a highway<\/span>, bridge, tunnel, or overpass, and any amendment or change order<\/span> thereto that increases the highway<\/span> lane-miles receiving services under such an agreement, shall be procured in accordance with guidelines that are consistent with procurement through “competitive sealed<\/span> bidding” as set forth in § 2.2-4302.1<\/a> and subsection B of § 2.2-4310<\/a>. Furthermore, such contracts<\/span> shall be of a size and scope to encourage maximum competition and participation by agency prequalified contractors and otherwise qualified contractors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The provisions of subdivision 3 shall not apply to maintenance<\/span> or asset management<\/span> services agreed to as part of the initial provisions of any interim or comprehensive agreement<\/span> entered into for the original construction, reconstruction, or improvement of any highway<\/span> pursuant to this chapter and shall not apply to any concession<\/span> that, at a minimum, provides for (i) the construction, reconstruction, or improvement of any transportation facility or (ii) the operation<\/span> and maintenance<\/span> of any transportation facility with existing toll facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Nothing in this section shall require that professional services be procured by any method other than competitive negotiation in accordance with the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCUREMENT (\u00a7 33.2-1819)\n\nThe Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) shall not apply to\nthis chapter; however, a responsible public entity may enter into an interim or\na comprehensive agreement only in accordance with guidelines adopted by it as\nfollows:\n\n1. A responsible public entity may enter into an interim or a comprehensive\nagreement in accordance with guidelines adopted by it that are consistent with\nprocurement through “competitive sealed bidding” as set forth in\n§ 2.2-4302.1 and subsection B of § 2.2-4310.\n\n2. A responsible public entity may enter into an interim or a comprehensive\nagreement in accordance with guidelines adopted by it that are consistent with\nthe procurement of “other than professional services” through\ncompetitive negotiation as set forth in § 2.2-4302.2 and subsection B of\n§ 2.2-4310. Such responsible public entity shall not be required to select\nthe proposal with the lowest price offer, but may consider price as one factor\nin evaluating the proposals received. Other factors that may be considered\ninclude (i) the proposed cost of the qualifying transportation facility; (ii)\nthe general reputation, qualifications, industry experience, and financial\ncapacity of the private entity; (iii) the proposed design, operation, and\nfeasibility of the qualifying transportation facility; (iv) the eligibility of\nthe facility for priority selection, review, and documentation timelines under\nthe responsible public entity’s guidelines; (v) local citizen and public\nentity comments; (vi) benefits to the public; (vii) the private entity’s\ncompliance with a minority business enterprise participation plan or good faith\neffort to comply with the goals of such plan; (viii) the private entity’s\nplans to employ local contractors and residents; (ix) the safety record of the\nprivate entity; (x) the ability of the facility to address the needs identified\nin the appropriate state, regional or local transportation plan by improving\nsafety, reducing congestion, increasing capacity, enhancing economic efficiency,\nor any combination thereof; and (xi) other criteria that the responsible public\nentity deems appropriate.\n\t\t\tA responsible public entity shall proceed in accordance with the guidelines\nadopted by it pursuant to subdivision 1 unless it determines that proceeding in\naccordance with the guidelines adopted by it pursuant to this subdivision is\nlikely to be advantageous to the responsible public entity and the public, based\non (a) the probable scope, complexity, or urgency of a project; (b) risk sharing\nincluding guaranteed cost or completion guarantees, added value, or debt or\nequity investments proposed by the private entity; or (c) an increase in\nfunding, dedicated revenue source or other economic benefit that would not\notherwise be available. When the responsible public entity determines to proceed\naccording to the guidelines adopted by it pursuant to this subdivision, it shall\nstate the reasons for its determination in writing. If a state agency is the\nresponsible public entity, the approval of the Secretary shall be required as\nmore specifically set forth in the guidelines before the comprehensive agreement\nis signed.\n\n3. Interim or comprehensive agreements for maintenance or asset management\nservices for a transportation facility that is a highway, bridge, tunnel, or\noverpass, and any amendment or change order thereto that increases the highway\nlane-miles receiving services under such an agreement, shall be procured in\naccordance with guidelines that are consistent with procurement through\n“competitive sealed bidding” as set forth in § 2.2-4302.1 and\nsubsection B of § 2.2-4310. Furthermore, such contracts shall be of a size\nand scope to encourage maximum competition and participation by agency\nprequalified contractors and otherwise qualified contractors.\n\n4. The provisions of subdivision 3 shall not apply to maintenance or asset\nmanagement services agreed to as part of the initial provisions of any interim\nor comprehensive agreement entered into for the original construction,\nreconstruction, or improvement of any highway pursuant to this chapter and shall\nnot apply to any concession that, at a minimum, provides for (i) the\nconstruction, reconstruction, or improvement of any transportation facility or\n(ii) the operation and maintenance of any transportation facility with existing\ntoll facilities.\n\n5. Nothing in this section shall require that professional services be procured\nby any method other than competitive negotiation in accordance with the Virginia\nPublic Procurement Act (§ 2.2-4300 et seq.).\n\nHISTORY: 1995, c. 647, \u00a7 56-573.1; 2002, cc. 570, 593; 2003, c. 968; 2005, cc.\n504, 562; 2006, cc. 922, 936; 2013, c. 583; 2014, c. 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}