                                 CODE OF VIRGINIA

POSTING OF CONCEPTUAL PROPOSALS; PUBLIC COMMENT; PUBLIC ACCESS TO PROCUREMENT
RECORDS (§ 56-575.17)

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 responsible
public entity within 10 working days after acceptance of such proposals as
follows:

   1. For responsible public entities that are state agencies, authorities,
   departments, institutions, and other units of state government, posting shall
   be on the Department of General Services&#8217; centralized electronic
   procurement website; and

   2. For responsible public entities that are local bodies, posting shall be on
   the responsible public entity&#8217;s website or on the Department of General
   Services&#8217; central electronic procurement website. In addition, such
   public bodies may publish in a newspaper of general circulation in the area in
   which the contract is to be performed a summary of the proposals and the
   location where copies of the proposals are available for public inspection.
   Such local public bodies are encouraged to utilize the Department of General
   Services&#8217; central electronic procurement website to provide the public
   with centralized visibility and access to the Commonwealth&#8217;s procurement
   opportunities.
   				In addition to the posting requirements, at least one copy of the
   proposals shall be made available for public inspection. Nothing in this
   section shall be construed to prohibit the posting of the conceptual proposals
   by additional means deemed appropriate by the responsible public entity so as
   to provide maximum notice to the public of the opportunity to inspect the
   proposals. Trade secrets, financial records, or other records of the private
   entity excluded from disclosure under the provisions of subdivision 11 of
   &#xA7; 2.2-3705.6 shall not be required to be posted, except as otherwise
   agreed to by the responsible public entity and the private entity.

B. The responsible public entity shall hold a public hearing on the proposals
during the proposal review process, but not later than 30 days prior to entering
into an interim or comprehensive agreement.

C. Once the negotiation phase for the development of an interim or a
comprehensive agreement is complete, but before an interim agreement or a
comprehensive agreement is entered into, a responsible public entity shall make
available the proposed agreement in a manner provided in subsection A.

D. Once an interim agreement or a comprehensive agreement has been entered into,
a responsible public entity shall make procurement records available for public
inspection, upon request. For the purposes of this subsection, procurement
records shall not be interpreted to include (i) trade secrets of the private
entity as defined in the Uniform Trade Secrets Act (&#xA7; 59.1-336 et seq.) or
(ii) financial records, including balance sheets or financial statements of the
private entity that are not generally available to the public through regulatory
disclosure or otherwise.

E. Cost estimates relating to a proposed procurement transaction prepared by or
for a responsible public entity shall not be open to public inspection.

F. Any inspection of procurement transaction records under this section shall be
subject to reasonable restrictions to ensure the security and integrity of the
records.

G. The provisions of this section shall apply to accepted proposals regardless
of whether the process of bargaining will result in an interim or a
comprehensive agreement.

HISTORY: 2006, c. 936; 2008, c. 667; 2009, c. 762; 2011, c. 332.