Section 27-4809. FINAL APPROVAL OF THE PUBLIC-PRIVATE PARTNERSHIP AGREEMENT  


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    4809.1Generally: Before executing a P3 agreement, the DC OP3 must submit a report to the Council and provide public notice of the report.  In addition, the agreement itself must be submitted to the Council for its review and approval. 

     

    4809.2Council Report Requirements: The P3 Act requires that, before entering into a P3 agreement, the DC OP3 and Owner Agency must submit to the Council a report containing details of the planned P3.  The report will include the following information:

     

    (a) The name of the private partner and the names of all members of the private partner;

     

    (b) Significant terms of the P3 agreement;

     

    (c) Overall project cost;

     

    (d) Total estimated cost to the District for the full life cycle of the project;

     

    (e) Results of the value-for-money analysis and public sector comparator;

     

    (f) Estimated time for project construction;

     

    (g) Method to be used to deliver the project;

     

    (h) A list of the District agencies participating in the project;

     

    (i) A list of the private entities that responded to the RFP or RFAP;

     

    (j) A description of how the proposals were scored during the evaluation process; and

     

    (k) A description of how the private entity was selected according to the criteria and methodology for evaluation of responses to the RFP or RFAP.

     

    The DC OP3 will also post the report on its website.

     

    4809.3Council Approval of the Public-Private Partnership Agreement: The P3 agreement also must be approved by the Council pursuant to § 451 of the District’s Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 2-104.51).  The P3 Agreement will be submitted to the Council for such approval with the project report. 

     

     

authority

Public-Private Partnership Act of 2014, approved March 11, 2015 (D.C. Law 20-228, D.C. Official Code §§ 2-271.01 et seq. (2012 Repl. & 2016 Supp.)) (“P3 Act”), and the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq. (2012 Repl. & 2016 Supp.)).

source

Final Rulemaking published at 63 DCR 13119 (October 21, 2016).