The Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply tothis chapter; however, a responsible public entity may enter into an interimor a comprehensive agreement only in accordance with guidelines adopted by itas follows:
1. A responsible public entity may enter into an interim or a comprehensiveagreement in accordance with guidelines adopted by it that are consistentwith procurement through "competitive sealed bidding" as defined in §2.2-4301 and subsection B of § 2.2-4310.
2. A responsible public entity may enter into an interim or a comprehensiveagreement in accordance with guidelines adopted by it that are consistentwith the procurement of "other than professional services" throughcompetitive negotiation as defined in § 2.2-4301 and subsection B of §2.2-4310. Such responsible public entity shall not be required to select theproposal with the lowest price offer, but may consider price as one factor inevaluating the proposals received. Other factors that may be consideredinclude (i) the proposed cost of the qualifying transportation facility; (ii)the general reputation, qualifications, industry experience, and financialcapacity of the private entity; (iii) the proposed design, operation, andfeasibility of the qualifying transportation facility; (iv) the eligibilityof the facility for priority selection, review, and documentation timelinesunder the responsible public entity's guidelines; (v) local citizen andpublic entity comments; (vi) benefits to the public; (vii) the privateentity's compliance with a minority business enterprise participation plan orgood faith effort to comply with the goals of such plan; (viii) the privateentity's plans to employ local contractors and residents; (ix) the safetyrecord of the private entity; (x) the ability of the facility to address theneeds identified in the appropriate state, regional or local transportationplan by improving safety, reducing congestion, increasing capacity, and/orenhancing economic efficiency; and (xi) other criteria that the responsiblepublic entity deems appropriate.
A responsible public entity shall proceed in accordance with the guidelinesadopted by it pursuant to subdivision 1 unless it determines that proceedingin accordance with the guidelines adopted by it pursuant to this subdivisionis likely to be advantageous to the responsible public entity and the public,based on (i) the probable scope, complexity, or urgency of a project; (ii)risk sharing including guaranteed cost or completion guarantees, added value,or debt or equity investments proposed by the private entity; or (iii) anincrease in funding, dedicated revenue source or other economic benefit thatwould not otherwise be available. When the responsible public entitydetermines to proceed according to the guidelines adopted by it pursuant tothis subdivision, it shall state the reasons for its determination inwriting. If a state agency is the responsible public entity, the approval ofthe Secretary of Transportation shall be required as more specifically setforth in the guidelines before the comprehensive agreement is signed.
3. Interim or comprehensive agreements for maintenance or asset managementservices for a transportation facility that is a highway, bridge, tunnel, oroverpass, and any amendment or change order thereto that increases thehighway lane-miles receiving services under such an agreement, shall beprocured in accordance with guidelines that are consistent with procurementthrough "competitive sealed bidding" as defined in § 2.2-4301 andsubsection B of § 2.2-4310. Furthermore, such contracts shall be of a sizeand scope to encourage maximum competition and participation by agencyprequalified contractors and otherwise qualified contractors.
4. The provisions of subdivision 3 shall not apply to maintenance or assetmanagement services agreed to as part of the initial provisions of anyinterim or comprehensive agreement entered into for the originalconstruction, reconstruction, or improvement of any highway pursuant toChapter 22 (§ 56-556 et seq.) of Title 56 and shall not apply to anyconcession that, at a minimum, provides for (i) the construction,reconstruction, or improvement of any transportation facility or (ii) theoperation and maintenance of any transportation facility with existing tollfacilities.
5. Nothing in this section shall require that professional services beprocured by any method other than competitive negotiation in accordance withthe Virginia Public Procurement Act (§ 2.2-4300 et seq.).
(1995, c. 647; 2002, cc. 570, 593; 2003, c. 968; 2005, cc. 504, 562; 2006,cc. 922, 936.)
The Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply tothis chapter; however, a responsible public entity may enter into an interimor a comprehensive agreement only in accordance with guidelines adopted by itas follows:
1. A responsible public entity may enter into an interim or a comprehensiveagreement in accordance with guidelines adopted by it that are consistentwith procurement through "competitive sealed bidding" as defined in §2.2-4301 and subsection B of § 2.2-4310.
2. A responsible public entity may enter into an interim or a comprehensiveagreement in accordance with guidelines adopted by it that are consistentwith the procurement of "other than professional services" throughcompetitive negotiation as defined in § 2.2-4301 and subsection B of §2.2-4310. Such responsible public entity shall not be required to select theproposal with the lowest price offer, but may consider price as one factor inevaluating the proposals received. Other factors that may be consideredinclude (i) the proposed cost of the qualifying transportation facility; (ii)the general reputation, qualifications, industry experience, and financialcapacity of the private entity; (iii) the proposed design, operation, andfeasibility of the qualifying transportation facility; (iv) the eligibilityof the facility for priority selection, review, and documentation timelinesunder the responsible public entity's guidelines; (v) local citizen andpublic entity comments; (vi) benefits to the public; (vii) the privateentity's compliance with a minority business enterprise participation plan orgood faith effort to comply with the goals of such plan; (viii) the privateentity's plans to employ local contractors and residents; (ix) the safetyrecord of the private entity; (x) the ability of the facility to address theneeds identified in the appropriate state, regional or local transportationplan by improving safety, reducing congestion, increasing capacity, and/orenhancing economic efficiency; and (xi) other criteria that the responsiblepublic entity deems appropriate.
A responsible public entity shall proceed in accordance with the guidelinesadopted by it pursuant to subdivision 1 unless it determines that proceedingin accordance with the guidelines adopted by it pursuant to this subdivisionis likely to be advantageous to the responsible public entity and the public,based on (i) the probable scope, complexity, or urgency of a project; (ii)risk sharing including guaranteed cost or completion guarantees, added value,or debt or equity investments proposed by the private entity; or (iii) anincrease in funding, dedicated revenue source or other economic benefit thatwould not otherwise be available. When the responsible public entitydetermines to proceed according to the guidelines adopted by it pursuant tothis subdivision, it shall state the reasons for its determination inwriting. If a state agency is the responsible public entity, the approval ofthe Secretary of Transportation shall be required as more specifically setforth in the guidelines before the comprehensive agreement is signed.
3. Interim or comprehensive agreements for maintenance or asset managementservices for a transportation facility that is a highway, bridge, tunnel, oroverpass, and any amendment or change order thereto that increases thehighway lane-miles receiving services under such an agreement, shall beprocured in accordance with guidelines that are consistent with procurementthrough "competitive sealed bidding" as defined in § 2.2-4301 andsubsection B of § 2.2-4310. Furthermore, such contracts shall be of a sizeand scope to encourage maximum competition and participation by agencyprequalified contractors and otherwise qualified contractors.
4. The provisions of subdivision 3 shall not apply to maintenance or assetmanagement services agreed to as part of the initial provisions of anyinterim or comprehensive agreement entered into for the originalconstruction, reconstruction, or improvement of any highway pursuant toChapter 22 (§ 56-556 et seq.) of Title 56 and shall not apply to anyconcession that, at a minimum, provides for (i) the construction,reconstruction, or improvement of any transportation facility or (ii) theoperation and maintenance of any transportation facility with existing tollfacilities.
5. Nothing in this section shall require that professional services beprocured by any method other than competitive negotiation in accordance withthe Virginia Public Procurement Act (§ 2.2-4300 et seq.).
(1995, c. 647; 2002, cc. 570, 593; 2003, c. 968; 2005, cc. 504, 562; 2006,cc. 922, 936.)
The Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply tothis chapter; however, a responsible public entity may enter into an interimor a comprehensive agreement only in accordance with guidelines adopted by itas follows:
1. A responsible public entity may enter into an interim or a comprehensiveagreement in accordance with guidelines adopted by it that are consistentwith procurement through "competitive sealed bidding" as defined in §2.2-4301 and subsection B of § 2.2-4310.
2. A responsible public entity may enter into an interim or a comprehensiveagreement in accordance with guidelines adopted by it that are consistentwith the procurement of "other than professional services" throughcompetitive negotiation as defined in § 2.2-4301 and subsection B of §2.2-4310. Such responsible public entity shall not be required to select theproposal with the lowest price offer, but may consider price as one factor inevaluating the proposals received. Other factors that may be consideredinclude (i) the proposed cost of the qualifying transportation facility; (ii)the general reputation, qualifications, industry experience, and financialcapacity of the private entity; (iii) the proposed design, operation, andfeasibility of the qualifying transportation facility; (iv) the eligibilityof the facility for priority selection, review, and documentation timelinesunder the responsible public entity's guidelines; (v) local citizen andpublic entity comments; (vi) benefits to the public; (vii) the privateentity's compliance with a minority business enterprise participation plan orgood faith effort to comply with the goals of such plan; (viii) the privateentity's plans to employ local contractors and residents; (ix) the safetyrecord of the private entity; (x) the ability of the facility to address theneeds identified in the appropriate state, regional or local transportationplan by improving safety, reducing congestion, increasing capacity, and/orenhancing economic efficiency; and (xi) other criteria that the responsiblepublic entity deems appropriate.
A responsible public entity shall proceed in accordance with the guidelinesadopted by it pursuant to subdivision 1 unless it determines that proceedingin accordance with the guidelines adopted by it pursuant to this subdivisionis likely to be advantageous to the responsible public entity and the public,based on (i) the probable scope, complexity, or urgency of a project; (ii)risk sharing including guaranteed cost or completion guarantees, added value,or debt or equity investments proposed by the private entity; or (iii) anincrease in funding, dedicated revenue source or other economic benefit thatwould not otherwise be available. When the responsible public entitydetermines to proceed according to the guidelines adopted by it pursuant tothis subdivision, it shall state the reasons for its determination inwriting. If a state agency is the responsible public entity, the approval ofthe Secretary of Transportation shall be required as more specifically setforth in the guidelines before the comprehensive agreement is signed.
3. Interim or comprehensive agreements for maintenance or asset managementservices for a transportation facility that is a highway, bridge, tunnel, oroverpass, and any amendment or change order thereto that increases thehighway lane-miles receiving services under such an agreement, shall beprocured in accordance with guidelines that are consistent with procurementthrough "competitive sealed bidding" as defined in § 2.2-4301 andsubsection B of § 2.2-4310. Furthermore, such contracts shall be of a sizeand scope to encourage maximum competition and participation by agencyprequalified contractors and otherwise qualified contractors.
4. The provisions of subdivision 3 shall not apply to maintenance or assetmanagement services agreed to as part of the initial provisions of anyinterim or comprehensive agreement entered into for the originalconstruction, reconstruction, or improvement of any highway pursuant toChapter 22 (§ 56-556 et seq.) of Title 56 and shall not apply to anyconcession that, at a minimum, provides for (i) the construction,reconstruction, or improvement of any transportation facility or (ii) theoperation and maintenance of any transportation facility with existing tollfacilities.
5. Nothing in this section shall require that professional services beprocured by any method other than competitive negotiation in accordance withthe Virginia Public Procurement Act (§ 2.2-4300 et seq.).
(1995, c. 647; 2002, cc. 570, 593; 2003, c. 968; 2005, cc. 504, 562; 2006,cc. 922, 936.)
