                                 CODE OF VIRGINIA

ADOPTION OF GUIDELINES BY RESPONSIBLE PUBLIC ENTITIES (§ 56-575.3:1)

A. 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.

B. For a responsible public entity that is an agency or institution of the
Commonwealth, the guidelines shall include, but not be limited to:

   1. Opportunities for competition through public notice and availability of
   representatives of the responsible public entity to meet with private entities
   considering a proposal;

   2. Reasonable criteria for choosing among competing proposals;

   3. Suggested timelines for selecting proposals and negotiating an interim or
   comprehensive agreement;

   4. Authorization for accelerated selection and review and documentation
   timelines for proposals involving a qualifying project that the responsible
   public entity deems a priority;

   5. 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;

   6. Consideration of the nonfinancial benefits of a proposed qualifying
   project;

   7. 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 &#xA7; 56-575.4
   pertaining to the approval of qualifying projects;

   8. 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 (&#xA7; 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. 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 &#xA7;
   56-575.4;

   10. 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

   11. The posting and publishing of public notice of a private entity&#8217;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 &#xA7; 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 &#xA7; 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&#8217;s electronic
   procurement website shall be included.

C. 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:

   1. 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

   2. A mechanism for the appropriating body to review a proposed interim or
   comprehensive agreement prior to execution.

HISTORY: 2005, c. 865; 2007, c. 764.