                                 CODE OF VIRGINIA

PROCUREMENT (§ 33.2-1819)

The Virginia Public Procurement Act (§ 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:

1. 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 &#8220;competitive sealed bidding&#8221; as set forth in
&#xA7; 2.2-4302.1 and subsection B of &#xA7; 2.2-4310.

2. 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 &#8220;other than professional services&#8221; through
competitive negotiation as set forth in &#xA7; 2.2-4302.2 and subsection B of
&#xA7; 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&#8217;s guidelines; (v) local citizen and public
entity comments; (vi) benefits to the public; (vii) the private entity&#8217;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&#8217;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.
			A 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. 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
&#8220;competitive sealed bidding&#8221; as set forth in &#xA7; 2.2-4302.1 and
subsection B of &#xA7; 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. 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.

5. 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 (&#xA7; 2.2-4300 et seq.).

HISTORY: 1995, c. 647, § 56-573.1; 2002, cc. 570, 593; 2003, c. 968; 2005, cc.
504, 562; 2006, cc. 922, 936; 2013, c. 583; 2014, c. 805.