Public - Private Transportation Act (PPTA) Process
Phase One: Quality Control
VDOT’s quality control evaluation will consist of, but not be limited to, whether the proposal addressed the needs identified in the appropriate local, regional, or state transportation plan and identifies that public needs may not be wholly satisfied with existing methods of procurement. The QC review will also identify if the proposal will result in the availability of the facility to the public on a more timely, more efficient or less costly fashion and provide for cost and/or risk-sharing with private entities.
Phase Two: Independent Review Panel
The Independent Review Panel (IRP) will consist of members of the Commonwealth Transportation Board (CTB), VDOT representatives, transportation professionals; members of the academic community and representatives of other entities affected by the proposal. The IRP will review and evaluate all proposals based on the evaluation and selection criteria in these guidelines or as modified by VDOT in the RFP. The IRP will then recommend to VDOT and the CTB whether none, one, or more proposals should be advanced to the detailed review. Public participation and receiving comments from affected jurisdiction will be a part of Phase 2 process.
Phase Three: CTB Recommendation
Following review and recommendations by the IRP, the CTB will review the conceptual proposals and any recommendations of the IRP and will recommend whether to advance to a detailed proposal and further evaluation and action by VDOT under the PPTA, and these guidelines. If public funds are proposed, the CTB will be asked for a determination to support future allocations for such funding prior to advancing to the next phase.
Phase Four: Submission and Selection of Detailed Proposals
VDOT will form a proposal review committee to review the recommendations of the IRP and CTB, and may request that none, one, or more proposer(s) submit detailed proposals. Detailed proposals should be consistent with the recommendations of the IRP, CTB and the provisions and evaluation criteria as defined in the Department’s Request for Detailed Proposals (RFDP). Based upon a review of the detailed proposals, VDOT may select none, one or more proposals for competitive negotiations.
Phase Five: Negotiations
If VDOT, upon review of the detailed proposal determines (1) that the proposal meets the selection criteria established for evaluation and (2) that initiation of the negotiation stage shall be in the public interest, VDOT may initiate the negotiation stage. Components of the negotiations for the interim and/or the comprehensive agreement will, among other things, outline the rights and obligations of the parties, set a maximum return or rate of return to the private entity, determine liability, and establish dates for termination of the private entity's authority and dedication of the facility to the Commonwealth.
Phase Six: Interim and/or Comprehensive Agreement
Once VDOT and selected proposer have finalized the draft language of the interim and/or comprehensive agreement, the draft version will be forwarded to the Office of the Attorney General (OAG) for review and approval. The Commissioner has the statutory authority to enter into an agreement under the PPTA once the Department has received written approval of the procurement method from the Secretary of Transportation.