Section 5-E3514. PUBLIC/PRIVATE DEVELOPMENT PROJECTS

 

3514.1For purposes of this section, a public/private development partnership (“PPDP”) is one in which an individual or organization, not affiliated with DCPS, partners with DCPS to utilize a DCPS-controlled real estate asset in such a manner as to produce benefits to DCPS including, but not limited to, revenue enhancement, capital improvements, and the provision of other goods and/or services which further the mission of DCPS. PPDPs may include other public entities, private entities, and/or non-profit entities, including co-locations and/or leases involving capital investments from entities other than DCPS.

 

3514.2PPDPs may be entered into when the entirety of a DCPS-controlled real estate as set is the subject of the PPDP or when a PPDP will result in comprehensive physical changes to all or a portion of a DCPS-controlled real estate asset.

 

3514.3DCPS may enter PPDPs to develop DCPS-controlled real estate assets for both educational and non-educational purposes.

 

3514.4All PPDPs shall be developed by the Superintendent in accordance with these rules, the Superintendent's PPDP procedures, and shall be presented to the Board for final approval.

 

3514.5Prior to recommending potential PPDP sites to the Board, as provided for in Section 35 14. 8 below, the Superintendent after giving thirty days' written notice in the D.C. Register, shall (a) hold public hearings as cited below, for the purpose of receiving suggestions from interested parties on potential PPDPs and adaptive reuses of DCPS-controlled real estate assets, (b) ensure Board review and approval of all sites consistent with the Superintendent's PPDP procedures; and (c) notify the single member district Advisory Neighborhood Commissioners.

 

3514.6The Superintendent is required to hold at least one public hearing for unsolicited PPDP proposals that are recommended to proceed as a sole source and at least two public hearings for any unsolicited or solicited PPDP proposal recommended to proceed as an RFP or RFQ.

 

3514.7After reviewing any public comments on proposed PPDP sites and suggested adaptive reuses, as provided for in Section 3514.5 above, the Superintent shall present a recommendation to the Board to proceed or not to proceed, with supporting data and information for either action.

 

3514.8After reviewing any public comments received pursuant to Section 3514.7 above, the Superintendent shall recommend selected PPDP projects to the Board based solely on the benefit to DCPS according to the criteria set out in Section 3514.14 below.

 

3514.9All PPDPs entered into by DCPS shall result from an open and competitive selection process, except as provided in Sections 3514.10 and 3514.13 below.

 

3514.10If the Superintendent receives only one unsolicited offer to develop all or part of a DCPS-controlled real estate asset, such an offer, if accepted, may be converted into a sole source contract consistent with the Superintendent's PPDP procedures.

 

3514.11If the Superintendent receives one or more than one unsolicited offer, as described in Section 3514.910 above, and determines that the offer(s) could produce benefits to DCPS including, but not limited to, revenue enhancement, capital improvements, and the provision of other goods and/or services which further the mission of DCPS, the material contents of the offers may be converted to a Request for Proposals ("RFP") or a Request for Qualifications ("RFQ") for public solicitation of competitive offers.

 

3514.12If the Superintendent wishes to proceed with either a sole source contract, as described in Section 3514.10 above, or with the RFP/RFQ process described in Section 3514.11 above, the project(s) must receive specific approval from the Board prior to development of a sole source contract or the issuance of an RFP/RFQ consistent with the Superintendent's PPDP procedures.

 

3514.13The provisions of Sections 3514.9 and 3514.11 above shall not apply to offers for PPDPs from universities or colleges located immediately adjacent to DCPS-controlled real estate assets, unless the Superintendent fails to reach a satisfactory development agreement with the university or college. For the purposes of this Section, the term "immediately adjacent" shall mean that one or more of the lot lines of the DCPS-controlled real estate asset abuts, or shares a common lot line with, real property owned or controlled by the college or university. However, public meetings and comment periods must be provided consistent with the Superintendent's PPDP procedures.

 

3514.14Potential PPDP sites shall be studied by the Superintendent and the Board for their long-term education program use, real property asset value, underlying zoning, type of partnership and suitability, and potential benefit to DCPS from the partnership 

 

3514.15The Superintendent's recommendations for PPDPs shall include fiscal year of initiation, capital cost avoidance, benefits to DCPS, impact on other DCPS capital projects, and a statement that the educational adequacy of the DCPS-controlled real estate asset involved will not be compromised by the PPDP.

 

3514.16The implementation of a PPDP may not, by displacing capital funds, delay modernization of school facilities assessed to be of higher priority for modernization, replacement, or other major capital improvements than the PPDP project.

 

3514.17PPDP projects shall assure that at least 35% Local, Small and Disadvantaged Business Enterprise (LSDBE) participation based on either the total construction budget or equity interest in the private portion of the development.

 

3514.18The Superintendent of schools shall report quarterly on the status of all PPDP projects and prepare a list of all approved or pending DCPS PPDP projects, which shall be updated each year for publication in the D.C. Register.

 

source

Final Rulemaking published at 49 DCR 8882, 8883-84 (September 27, 2002); as amended by: Final Rulemaking published at 52 DCR 8622 (September 23, 2005).