Code of the District of Columbia

§ 2–273.04. Unsolicited proposals.

(a) The Office may consider, evaluate, and accept an unsolicited proposal for a public-private partnership project from a private entity if the proposal:

(1) Addresses a need identified in a District or regional planning document;

(2) Is independently developed and drafted by the proposer without District supervision;

(3) Shows that the proposed project could benefit the District;

(4) Includes a financing plan to allow the project to move forward pursuant to all applicable District budget and finance requirements; and

(5) Includes sufficient detail and information for the Office to evaluate the proposal in an objective and timely manner and permit a determination that the project would be worthwhile.

(b) Within 90 days after receiving an unsolicited proposal, the Office shall complete a preliminary evaluation of the unsolicited proposal and shall either:

(1) If the preliminary evaluation is unfavorable, return the proposal without further action; or

(2) If the preliminary evaluation is favorable, notify the proposer that the Office will comprehensively evaluate the proposal and publish notice of the favorable evaluation of the unsolicited proposal, including a link to where a copy of the proposal may be publicly accessed on the Internet, in the District of Columbia Register for a period of not less than 30 days during which time other potential proposers may submit an alternative proposal.

(c) After a comprehensive evaluation of an unsolicited proposal and any alternatives submitted, the Office may commence negotiations with an proposer if:

(1) The proposal has received a favorable comprehensive evaluation;

(2) The proposal is not duplicative of existing infrastructure project or services;

(3) The proposal does not closely resemble a pending competitive proposal for a public-private partnership or other procurement;

(4) The proposal demonstrates a unique method, approach, or concept;

(5) The Office can demonstrate facts and circumstances that preclude additional competition;

(6) The Chief Financial Officer certifies:

(A) The availability of any funds, debts, or assets that the District will contribute to the project;

(B) That no provision of the proposal would violate subchapter IIIB of Chapter 3 of Title 47 [§  47-355.01 et seq.]; and

(C) That the project is not likely to have a significant adverse impact on District bond ratings;

(7) The Attorney General certifies:

(A) That proper indemnifications are included in the proposal; and

(B) That there are no interstate compact issues if the project involves multiple jurisdictions; and

(8) The Office provides notification to the public of its intent to commence negotiations with a proposer.

(d) The Office may charge an administrative fee for the costs of processing, reviewing, or evaluating any unsolicited proposal or alternative proposal submitted by a private entity; provided, that the administrative fee is reasonable and shall not exceed the Office's actual direct cost of evaluating the proposal.

(e) Any unsolicited proposal or alternatives shall be the property of the Office.