10.26 Public-Private Education Facilities and Infrastructure Act (PPEA)

10.26.9 PPEA proposal steps

For unsolicited PPEA proposals, VITA will follow the steps shown in the table below:

Phase

Step

Activity

Conceptual Phase

1.

Initial review of unsolicited conceptual proposal.

 

2.

Payment of initial review fee.

 

3.

Negotiation of agreement on protection of confidential proprietary information.

 

4.

Posting of notice of acceptance of unsolicited conceptual proposal and invitation for competing proposals.

 

5.

Balance of review fees paid.

 

6.

Conceptual proposals – initial review – internal review committee established - includes staff from DGS and Treasury, other agencies as needed.

 

7.

After review, agency decides to 1) stop process and return all proposals; 2) move one proposal to the detailed phase; or, 3) move two or more proposals to the detailed phase.

 

 

Responsible Cabinet Secretary must make a determination, in writing that proceeding with the PPEA is in the public interest as opposed to using traditional procurement methods under the VPPA. Cabinet Secretary must determine that PPEA provides a public benefit due to scope, complexity or urgency of project or the existence of risk sharing, added value, funding, or economic benefits not otherwise available to the public entity.

 

 

Cabinet Secretary provides Secretaries of Finance and Administration with copies of review committee's recommendation and allows them to comment.

 

 

Cabinet Secretary can request further information, agree with agency recommendation, agree with recommendation with conditions, or disagree with agency recommendation and direct agency accordingly.

Detailed Phase

7.

VITA approves and selects proposal(s) for detailed proposal submission.

 

8.

Detailed proposal preparation and submission by proposers.

 

9.

Written agreement on protection of confidential proprietary information for additional information submitted in the detailed phase.

 

10.

Detailed proposal – review by VITA/Secretary of Technology.

 

11.

Affected local jurisdictions considered.

 

12.

Project selection.

 

13.

Negotiation of comprehensive agreement – Agency can still terminate process or negotiations with proposer and seek approval from Cabinet Secretary to enter into negotiations with another proposer(s).

 

14.

Governor and General Assembly approve.