§ 21-305. Proposal submission—Generally.  


Latest version.
  • (a)

    In general. Proposals may be either solicited by the City or submitted to the City by a private entity on an unsolicited basis. In general, proposals should provide a concise description of the proposer's capabilities to complete the proposed qualifying project and the benefits to be derived from the project by the City. The City will consider project benefits occurring during the construction, renovation, expansion or improvement phase and during the life cycle of the project. Each proposal shall identify specifically or conceptually any facility, building, infrastructure or improvement included in that proposal as part of a qualifying project. Proposals also shall include a comprehensive scope of work and a financial plan for the project, containing enough detail to allow an analysis by the City of the financial feasibility of the proposed project, including, but not limited to:

    (1)

    The identity of any parties expected to provide financing for the project; and

    (2)

    A statement indicating whether the proposer intends to request that the City provide resources for financing the project and the nature and extent of any such resources.

    (b)

    Receipt of proposals; clarifications. All proposals, whether solicited or unsolicited, shall be submitted to the Director of Procurement Services. Each proposal submitted under this article shall be clearly identified as a "PPEA proposal." Further, the City may require that any proposal be clarified. Such clarification may include, but need not be limited to:

    (1)

    Submission of additional documentation;

    (2)

    Responses to specific question; and

    (3)

    Interviews with potential project participants.

    (c)

    Affected local jurisdictions. Any private entity requesting approval from or submitting a conceptual or detailed proposal to the City shall provide each affected local jurisdiction with a copy of the private entity's request for proposal by certified mail, express delivery or hand delivery. Affected local jurisdictions other than the City shall have 60 calendar days from the receipt of the request for proposal to submit written comments to the City and to indicate whether the proposed qualifying project is compatible with that affected local jurisdiction's:

    (1)

    Local comprehensive plan;

    (2)

    Local infrastructure development plans; or

    (3)

    Capital improvements budget or other government spending plan.

    Comments received within the 60-day period shall be given consideration by the City, and no negative inference shall be drawn from the absence of comment by an affected local jurisdiction.

    (d)

    Commitment to minority business opportunities. The City is committed to providing contracting and subcontracting opportunities for minority business enterprises. It is the policy of the City that:

    (1)

    This article not be used to circumvent other provisions of this chapter relating to participation by minority business enterprises in City projects; and

    (2)

    All criteria set forth in this chapter related to participation by minority business enterprises in City projects be applied fully to all proposals, solicited or unsolicited, received by the City pursuant to this article.

    (e)

    Two-phase process. The City shall require proposers to follow a two-part proposal submission process consisting of a conceptual phase and a detailed phase. The conceptual phase proposal shall contain specified information on proposer qualifications and experience, project characteristics, project financing, anticipated public support or opposition, or both, and project benefit and compatibility. The detailed phase proposal shall contain specified deliverables.

    (f)

    Review committee. A review committee shall review all proposals, whether solicited or unsolicited, received pursuant to this article. At a minimum, the review committee shall consist of:

    (1)

    The Director of Procurement Services or a designee thereof;

    (2)

    A representative of the Office of Minority Business Development;

    (3)

    A representative of each department or other agency of the City affected by the proposal; and

    (4)

    A person selected by the City Council to represent it.

    The review committee may include such other members as it deems essential to the review of the proposal, including external consultants.

    (g)

    Freedom of information; confidential proprietary information.

    (1)

    In general. Proposal documents submitted by private entities are subject to the Virginia Freedom of Information Act, Code of Virginia, § 2.2-3700 et seq. The City shall release those documents if requested as required by that Act, except to the extent that they relate to:

    a.

    Confidential proprietary information submitted to the City under a promise of confidentiality; or

    b.

    Memoranda, working papers or other records related to proposals if making public such records would adversely affect the financial interest of the City or the private entity or the bargaining position of either party. Once a comprehensive agreement has been entered into, and the process of bargaining of all phases or aspects of the comprehensive agreement is complete, the City shall make available, upon request, procurement records in accordance with Section 21-5.

    (2)

    Invocation of exclusion from disclosure requirement.

    a.

    When the private entity requests that the City not disclose information, the private entity must:

    1.

    Invoke the exclusion when the data or materials are submitted to the City;

    2.

    Identify the data and materials for which protection from disclosure is sought; and

    3.

    State why the exclusion from disclosure is necessary.

    b.

    A private entity may request and receive a determination from the City as to the anticipated scope of protection prior to submitting the proposal. The City is authorized and obligated to protect only confidential proprietary information, and thus will not protect any portion of a proposal from disclosure if the entire proposal has been designated confidential by the proposer without reasonably differentiating between the proprietary and nonproprietary information contained therein.

    (3)

    Advance determination of exclusion from disclosure requirement. Upon receipt of a request that designated portions of a proposal be protected from disclosure as confidential and proprietary, the City shall determine whether such protection is appropriate under applicable law and, if appropriate, the scope of such protection shall communicate its determination to the proposer. If the determination regarding protection or the scope thereof differs from the proposer's request, then the City shall accord the proposer a reasonable opportunity to clarify and justify its request. Upon a final determination by the City to accord less protection than requested by the proposer, the proposer shall be accorded an opportunity to withdraw its proposal. A proposal so withdrawn shall be treated in the same manner as a proposal not accepted for publication and conceptual-phase consideration as provided in Section 21-307(c).

    (Code 1993, § 22.1-171; Code 2004, § 74-402; Ord. No. 2004-27-41, § 1, 2-23-2004; Ord. No. 2006-134-105, § 1, 5-8-2006; Ord. No. 2011-159-2012-163, § 1, 10-8-2012)

(Code 1993, § 22.1-171; Code 2004, § 74-402; Ord. No. 2004-27-41, § 1, 2-23-2004; Ord. No. 2006-134-105, § 1, 5-8-2006; Ord. No. 2011-159-2012-163, § 1, 10-8-2012)