{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-575.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-575.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-575.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-575.3_1.html"}],"law_id":80801,"edition_id":1,"section_id":80801,"structure_id":13265,"section_number":"56-575.3:1","catch_line":"Adoption of guidelines by responsible public entities","history":"2005, c. 865; 2007, c. 764.","full_text":"A\n\nA responsible public entity shall, prior to requesting or considering a proposal for a qualifying project, adopt and make publicly available guidelines that are sufficient to enable the responsible public entity to comply with this chapter. Such guidelines shall be reasonable, encourage competition, and guide the selection of projects under the purview of the responsible public entity.B\n\nFor a responsible public entity that is an agency or institution of the Commonwealth, the guidelines shall include, but not be limited to:1\n\nOpportunities for competition through public notice and availability of representatives of the responsible public entity to meet with private entities considering a proposal;2\n\nReasonable criteria for choosing among competing proposals;3\n\nSuggested timelines for selecting proposals and negotiating an interim or comprehensive agreement;4\n\nAuthorization for accelerated selection and review and documentation timelines for proposals involving a qualifying project that the responsible public entity deems a priority;5\n\nFinancial review and analysis procedures that shall include, at a minimum, a cost-benefit analysis, an assessment of opportunity cost, and consideration of the results of all studies and analyses related to the proposed qualifying project. These procedures shall also include requirements for the disclosure of such analysis to the appropriating body for review prior to execution of an interim or comprehensive agreement;6\n\nConsideration of the nonfinancial benefits of a proposed qualifying project;7\n\nA mechanism for the appropriating body to review a proposed interim or comprehensive agreement prior to execution, which shall be in compliance with applicable law and the provisions of subsection I of § 56-575.4 pertaining to the approval of qualifying projects;8\n\nEstablishment of criteria for (i) the creation of and the responsibilities of a public-private partnership oversight committee with members representing the responsible public entity and the appropriating body or (ii) compliance with the requirements of Chapter 42 (§ 30-278 et seq.) of Title 30. Such criteria shall include the scope, costs, and duration of the qualifying project, as well as whether the project involves or impacts multiple public entities. The oversight committee, if formed, shall be an advisory committee to review the terms of any proposed interim or comprehensive agreement;9\n\nAnalysis of the adequacy of the information released when seeking competing proposals and providing for the enhancement of that information, if deemed necessary, to encourage competition pursuant to subsection G of § 56-575.4;10\n\nEstablishment of criteria, key decision points, and approvals required to ensure that the responsible public entity considers the extent of competition before selecting proposals and negotiating an interim or comprehensive agreement; and11\n\nThe posting and publishing of public notice of a private entity’s request for approval of a qualifying project, including (i) specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project pursuant to subsection A of § 56-575.4; (ii) a reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the goals of this chapter, such reasonable period not to be less than 45 days, during which time the responsible public entity shall receive competing proposals pursuant to subsection A of § 56-575.4; and (iii) a requirement for advertising the public notice in the Virginia Business Opportunities publication and posting a notice on the Commonwealth’s electronic procurement website shall be included.C\n\nFor a responsible public entity that is not an agency or institution of the Commonwealth the guidelines may include the provisions set forth in subsection B in the discretion of such public entity. However, the guidelines of a responsible public entity that is not an agency or institution of the Commonwealth shall include:1\n\nA requirement that it engage the services of qualified professionals, which may include an architect, professional engineer, or certified public accountant, not otherwise employed by the responsible public entity, to provide independent analysis regarding the specifics, advantages, disadvantages, and the long- and short-term costs of any request by a private entity for approval of a qualifying project unless the governing body of the responsible public entity determines that such analysis of a request by a private entity for approval of a qualifying project shall be performed by employees of the responsible public entity; and2\n\nA mechanism for the appropriating body to review a proposed interim or comprehensive agreement prior to execution.","order_by":null,"text":{"0":{"id":289629,"text":"A responsible public entity shall, prior to requesting or considering a proposal for a qualifying project, adopt and make publicly available guidelines that are sufficient to enable the responsible public entity to comply with this chapter. Such guidelines shall be reasonable, encourage competition, and guide the selection of projects under the purview of the responsible public entity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289630,"text":"For a responsible public entity that is an agency or institution of the Commonwealth, the guidelines shall include, but not be limited to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":289631,"text":"Opportunities for competition through public notice and availability of representatives of the responsible public entity to meet with private entities considering a proposal;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":289632,"text":"Reasonable criteria for choosing among competing proposals;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":289633,"text":"Suggested timelines for selecting proposals and negotiating an interim or comprehensive agreement;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":289634,"text":"Authorization for accelerated selection and review and documentation timelines for proposals involving a qualifying project that the responsible public entity deems a priority;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":289635,"text":"Financial review and analysis procedures that shall include, at a minimum, a cost-benefit analysis, an assessment of opportunity cost, and consideration of the results of all studies and analyses related to the proposed qualifying project. These procedures shall also include requirements for the disclosure of such analysis to the appropriating body for review prior to execution of an interim or comprehensive agreement;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":289636,"text":"Consideration of the nonfinancial benefits of a proposed qualifying project;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":289637,"text":"A mechanism for the appropriating body to review a proposed interim or comprehensive agreement prior to execution, which shall be in compliance with applicable law and the provisions of subsection I of § 56-575.4 pertaining to the approval of qualifying projects;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":289638,"text":"Establishment of criteria for (i) the creation of and the responsibilities of a public-private partnership oversight committee with members representing the responsible public entity and the appropriating body or (ii) compliance with the requirements of Chapter 42 (§ 30-278 et seq.) of Title 30. Such criteria shall include the scope, costs, and duration of the qualifying project, as well as whether the project involves or impacts multiple public entities. The oversight committee, if formed, shall be an advisory committee to review the terms of any proposed interim or comprehensive agreement;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":289639,"text":"Analysis of the adequacy of the information released when seeking competing proposals and providing for the enhancement of that information, if deemed necessary, to encourage competition pursuant to subsection G of § 56-575.4;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":289640,"text":"Establishment of criteria, key decision points, and approvals required to ensure that the responsible public entity considers the extent of competition before selecting proposals and negotiating an interim or comprehensive agreement; and","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":289641,"text":"The posting and publishing of public notice of a private entity’s request for approval of a qualifying project, including (i) specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project pursuant to subsection A of § 56-575.4; (ii) a reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the goals of this chapter, such reasonable period not to be less than 45 days, during which time the responsible public entity shall receive competing proposals pursuant to subsection A of § 56-575.4; and (iii) a requirement for advertising the public notice in the Virginia Business Opportunities publication and posting a notice on the Commonwealth’s electronic procurement website shall be included.","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"C"},"13":{"id":289642,"text":"For a responsible public entity that is not an agency or institution of the Commonwealth the guidelines may include the provisions set forth in subsection B in the discretion of such public entity. However, the guidelines of a responsible public entity that is not an agency or institution of the Commonwealth shall include:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B11","next_prefix":"C1"},"14":{"id":289643,"text":"A requirement that it engage the services of qualified professionals, which may include an architect, professional engineer, or certified public accountant, not otherwise employed by the responsible public entity, to provide independent analysis regarding the specifics, advantages, disadvantages, and the long- and short-term costs of any request by a private entity for approval of a qualifying project unless the governing body of the responsible public entity determines that such analysis of a request by a private entity for approval of a qualifying project shall be performed by employees of the responsible public entity; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"15":{"id":289644,"text":"A mechanism for the appropriating body to review a proposed interim or comprehensive agreement prior to execution.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1"}},"ancestry":[{"id":13265,"edition_id":1,"name":"The Public-Private Education Facilities and Infrastructure Act of 2002","identifier":"22.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":250511,"object_type":"structure","relational_id":13265,"identifier":"22.1","token":"56\/22.1","url":"\/56\/22.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54549,"structure_id":13265,"section_number":"56-575.1","catch_line":"Definitions","url":"\/56-575.1\/","token":"56\/22.1\/56-575.1","metadata":false},{"id":54274,"structure_id":13265,"section_number":"56-575.10","catch_line":"Federal, state and local assistance","url":"\/56-575.10\/","token":"56\/22.1\/56-575.10","metadata":false},{"id":56009,"structure_id":13265,"section_number":"56-575.11","catch_line":"Material default; remedies","url":"\/56-575.11\/","token":"56\/22.1\/56-575.11","metadata":false},{"id":87080,"structure_id":13265,"section_number":"56-575.12","catch_line":"Condemnation","url":"\/56-575.12\/","token":"56\/22.1\/56-575.12","metadata":false},{"id":82966,"structure_id":13265,"section_number":"56-575.13","catch_line":"Utility crossing","url":"\/56-575.13\/","token":"56\/22.1\/56-575.13","metadata":false},{"id":81141,"structure_id":13265,"section_number":"56-575.14","catch_line":"Police powers; violations of law","url":"\/56-575.14\/","token":"56\/22.1\/56-575.14","metadata":false},{"id":73223,"structure_id":13265,"section_number":"56-575.15","catch_line":"Sovereign immunity","url":"\/56-575.15\/","token":"56\/22.1\/56-575.15","metadata":false},{"id":63083,"structure_id":13265,"section_number":"56-575.16","catch_line":"Procurement","url":"\/56-575.16\/","token":"56\/22.1\/56-575.16","metadata":false},{"id":80943,"structure_id":13265,"section_number":"56-575.17","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/56-575.17\/","token":"56\/22.1\/56-575.17","metadata":false},{"id":77861,"structure_id":13265,"section_number":"56-575.17:1","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/56-575.17_1\/","token":"56\/22.1\/56-575.17_1","metadata":false},{"id":71889,"structure_id":13265,"section_number":"56-575.18","catch_line":"Auditor of Public Accounts","url":"\/56-575.18\/","token":"56\/22.1\/56-575.18","metadata":false},{"id":79879,"structure_id":13265,"section_number":"56-575.2","catch_line":"Declaration of public purpose","url":"\/56-575.2\/","token":"56\/22.1\/56-575.2","metadata":false},{"id":62611,"structure_id":13265,"section_number":"56-575.3","catch_line":"Prerequisite for operation of a qualifying project","url":"\/56-575.3\/","token":"56\/22.1\/56-575.3","metadata":false},{"id":80801,"structure_id":13265,"section_number":"56-575.3:1","catch_line":"Adoption of guidelines by responsible public entities","url":"\/56-575.3_1\/","token":"56\/22.1\/56-575.3_1","metadata":false},{"id":78855,"structure_id":13265,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","url":"\/56-575.4\/","token":"56\/22.1\/56-575.4","metadata":false},{"id":54265,"structure_id":13265,"section_number":"56-575.5","catch_line":"Service contracts","url":"\/56-575.5\/","token":"56\/22.1\/56-575.5","metadata":false},{"id":71324,"structure_id":13265,"section_number":"56-575.6","catch_line":"Affected local jurisdictions","url":"\/56-575.6\/","token":"56\/22.1\/56-575.6","metadata":false},{"id":83102,"structure_id":13265,"section_number":"56-575.7","catch_line":"Dedication of public property","url":"\/56-575.7\/","token":"56\/22.1\/56-575.7","metadata":false},{"id":58668,"structure_id":13265,"section_number":"56-575.8","catch_line":"Powers and duties of the private entity","url":"\/56-575.8\/","token":"56\/22.1\/56-575.8","metadata":false},{"id":70640,"structure_id":13265,"section_number":"56-575.9","catch_line":"Comprehensive agreement","url":"\/56-575.9\/","token":"56\/22.1\/56-575.9","metadata":false},{"id":86484,"structure_id":13265,"section_number":"56-575.9:1","catch_line":"Interim agreement","url":"\/56-575.9_1\/","token":"56\/22.1\/56-575.9_1","metadata":false}],"previous_section":{"id":62611,"structure_id":13265,"section_number":"56-575.3","catch_line":"Prerequisite for operation of a qualifying project","url":"\/56-575.3\/","token":"56\/22.1\/56-575.3","metadata":false},"next_section":{"id":78855,"structure_id":13265,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","url":"\/56-575.4\/","token":"56\/22.1\/56-575.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-575.3:1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 865<\/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 1 time. 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. That modification is as follows: in 2007, chapter 764<\/a>.<\/p>","references":[{"id":63083,"section_number":"56-575.16","catch_line":"Procurement","order_by":null,"url":"\/56-575.16\/"}],"refers_to":[{"id":73036,"section_number":"30-278","catch_line":"Definitions","order_by":null,"url":"\/30-278\/"},{"id":78855,"section_number":"56-575.4","catch_line":"Approval of qualifying projects by the responsible public entity","order_by":null,"url":"\/56-575.4\/"}],"permalink":{"id":250565,"object_type":"law","relational_id":80801,"identifier":"56-575.3:1","token":"56\/22.1\/56-575.3_1","url":"\/56-575.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-575.3_1\/","token":"56\/22.1\/56-575.3_1","dublin_core":{"Title":"Adoption of guidelines by responsible public entities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-575.3:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A responsible public entity<\/span> shall, prior to requesting or considering a proposal for a qualifying project<\/span>, adopt and make publicly available guidelines that are sufficient to enable the responsible public entity<\/span> to comply with this chapter. Such guidelines shall be reasonable, encourage competition, and guide the selection of projects under the purview of the responsible public entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For a responsible public entity<\/span> that is an agency or institution of the Commonwealth, the guidelines shall include, but not be limited to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Opportunities for competition through public notice and availability of representatives of the responsible public entity<\/span> to meet with private entities considering a proposal; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Reasonable criteria for choosing among competing proposals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Suggested timelines for selecting proposals and negotiating an interim or comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Authorization for accelerated selection and review and documentation timelines for proposals involving a qualifying project<\/span> that the responsible public entity<\/span> deems a priority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Financial review and analysis procedures that shall include, at a minimum, a cost-benefit analysis, an assessment of opportunity cost, and consideration of the results of all studies and analyses related to the proposed qualifying project<\/span>. These procedures shall also include requirements for the disclosure of such analysis to the appropriating body<\/span> for review prior to execution of an interim or comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Consideration of the nonfinancial benefits of a proposed qualifying project<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A mechanism for the appropriating body<\/span> to review a proposed interim or comprehensive agreement<\/span> prior to execution, which shall be in compliance with applicable law<\/span> and the provisions of subsection I of § 56-575.4<\/a> pertaining to the approval of qualifying projects<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Establishment of criteria for (i) the creation of and the responsibilities of a public-private partnership oversight committee with members representing the responsible public entity<\/span> and the appropriating body<\/span> or (ii) compliance with the requirements of Chapter 42 (§ 30-278<\/a> et seq.) of Title 30. Such criteria shall include the scope, costs, and duration of the qualifying project<\/span>, as well as whether the project involves or impacts multiple public entities. The oversight committee, if formed, shall be an advisory committee to review the terms of any proposed interim or comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Analysis of the adequacy of the information released when seeking competing proposals and providing for the enhancement of that information, if deemed necessary, to encourage competition pursuant to subsection G of § 56-575.4<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Establishment of criteria, key decision points, and approvals required to ensure that the responsible public entity<\/span> considers the extent of competition before selecting proposals and negotiating an interim or comprehensive agreement<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The posting and publishing of public notice of a private entity<\/span>’s request for approval of a qualifying project<\/span>, including (i) specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project<\/span> pursuant to subsection A of § 56-575.4<\/a>; (ii) a reasonable time period as determined by the responsible public entity<\/span> to encourage competition and public-private partnerships in accordance with the goals of this chapter, such reasonable period not to be less than 45 days, during which time the responsible public entity<\/span> shall receive competing proposals pursuant to subsection A of § 56-575.4<\/a>; and (iii) a requirement for advertising the public notice in the Virginia Business Opportunities publication and posting a notice on the Commonwealth’s electronic procurement website shall be included. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For a responsible public entity<\/span> that is not an agency or institution of the Commonwealth the guidelines may include the provisions set forth in subsection B in the discretion of such public entity. However, the guidelines of a responsible public entity<\/span> that is not an agency or institution of the Commonwealth shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A requirement that it engage the services of qualified professionals, which may include an architect, professional engineer, or certified public accountant, not otherwise employed by the responsible public entity<\/span>, to provide independent analysis regarding the specifics, advantages, disadvantages, and the long- and short-term costs of any request by a private entity<\/span> for approval of a qualifying project<\/span> unless the governing body of the responsible public entity<\/span> determines that such analysis of a request by a private entity<\/span> for approval of a qualifying project<\/span> shall be performed by employees of the responsible public entity<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A mechanism for the appropriating body<\/span> to review a proposed interim or comprehensive agreement<\/span> prior to execution. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADOPTION OF GUIDELINES BY RESPONSIBLE PUBLIC ENTITIES (\u00a7 56-575.3:1)\n\nA. A responsible public entity shall, prior to requesting or considering a\nproposal for a qualifying project, adopt and make publicly available guidelines\nthat are sufficient to enable the responsible public entity to comply with this\nchapter. Such guidelines shall be reasonable, encourage competition, and guide\nthe selection of projects under the purview of the responsible public entity.\n\nB. For a responsible public entity that is an agency or institution of the\nCommonwealth, the guidelines shall include, but not be limited to:\n\n 1. Opportunities for competition through public notice and availability of\n representatives of the responsible public entity to meet with private entities\n considering a proposal;\n\n 2. Reasonable criteria for choosing among competing proposals;\n\n 3. Suggested timelines for selecting proposals and negotiating an interim or\n comprehensive agreement;\n\n 4. Authorization for accelerated selection and review and documentation\n timelines for proposals involving a qualifying project that the responsible\n public entity deems a priority;\n\n 5. Financial review and analysis procedures that shall include, at a minimum,\n a cost-benefit analysis, an assessment of opportunity cost, and consideration\n of the results of all studies and analyses related to the proposed qualifying\n project. These procedures shall also include requirements for the disclosure\n of such analysis to the appropriating body for review prior to execution of an\n interim or comprehensive agreement;\n\n 6. Consideration of the nonfinancial benefits of a proposed qualifying\n project;\n\n 7. A mechanism for the appropriating body to review a proposed interim or\n comprehensive agreement prior to execution, which shall be in compliance with\n applicable law and the provisions of subsection I of § 56-575.4\n pertaining to the approval of qualifying projects;\n\n 8. Establishment of criteria for (i) the creation of and the responsibilities\n of a public-private partnership oversight committee with members representing\n the responsible public entity and the appropriating body or (ii) compliance\n with the requirements of Chapter 42 (§ 30-278 et seq.) of Title 30. Such\n criteria shall include the scope, costs, and duration of the qualifying\n project, as well as whether the project involves or impacts multiple public\n entities. The oversight committee, if formed, shall be an advisory committee\n to review the terms of any proposed interim or comprehensive agreement;\n\n 9. Analysis of the adequacy of the information released when seeking competing\n proposals and providing for the enhancement of that information, if deemed\n necessary, to encourage competition pursuant to subsection G of §\n 56-575.4;\n\n 10. Establishment of criteria, key decision points, and approvals required to\n ensure that the responsible public entity considers the extent of competition\n before selecting proposals and negotiating an interim or comprehensive\n agreement; and\n\n 11. The posting and publishing of public notice of a private entity’s\n request for approval of a qualifying project, including (i) specific\n information and documentation to be released regarding the nature, timing, and\n scope of the qualifying project pursuant to subsection A of § 56-575.4;\n (ii) a reasonable time period as determined by the responsible public entity\n to encourage competition and public-private partnerships in accordance with\n the goals of this chapter, such reasonable period not to be less than 45 days,\n during which time the responsible public entity shall receive competing\n proposals pursuant to subsection A of § 56-575.4; and (iii) a requirement\n for advertising the public notice in the Virginia Business Opportunities\n publication and posting a notice on the Commonwealth’s electronic\n procurement website shall be included.\n\nC. For a responsible public entity that is not an agency or institution of the\nCommonwealth the guidelines may include the provisions set forth in subsection B\nin the discretion of such public entity. However, the guidelines of a\nresponsible public entity that is not an agency or institution of the\nCommonwealth shall include:\n\n 1. A requirement that it engage the services of qualified professionals, which\n may include an architect, professional engineer, or certified public\n accountant, not otherwise employed by the responsible public entity, to\n provide independent analysis regarding the specifics, advantages,\n disadvantages, and the long- and short-term costs of any request by a private\n entity for approval of a qualifying project unless the governing body of the\n responsible public entity determines that such analysis of a request by a\n private entity for approval of a qualifying project shall be performed by\n employees of the responsible public entity; and\n\n 2. A mechanism for the appropriating body to review a proposed interim or\n comprehensive agreement prior to execution.\n\nHISTORY: 2005, c. 865; 2007, c. 764.","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}}