2023 District of Columbia Code › Title 2 - Government Administration › Chapter 2A - Public-Private Partnerships › Subchapter III - Procurement of Public-Private Partnerships › § 2–273.05. Review of requests for proposals

§ 2–273.05. Review of requests for proposals.
(a) Before the issuance of a request for proposals pursuant to § 2-273.03, the Office shall transmit to the Council a proposed resolution to approve the proposed request for proposals in accordance with the criteria established in this section. Before submitting a proposed resolution to the Council pursuant to this subsection, the Office shall:
(1) Hold at least one public hearing on the proposed request for proposals, which shall be subject to the Open Meetings Act and held at an accessible evening or weekend time and in an accessible location near the proposed public-private partnership project;
(2) Provide at least 30 days' notice to affected Advisory Neighborhood Commissions of the public hearing; and
(3) Publicize the hearing by placing a notice in the District of Columbia Register at least 15 days before the hearing.
(b)(1) A proposed request for proposals for a public-private partnership project that is anticipated to cost in total $ 50 million or more or extend for a term of 10 years or greater shall be deemed approved by the Council unless, during a 45-calendar day review period beginning on the 1st day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council, the Council adopts a resolution to approve or disapprove the proposed request for proposals.
(2) A proposed request for proposals for a project that is anticipated to cost in total less than $ 50 million or extend for a term of less than 10 years shall be deemed approved by the Council if one of the following occurs:
(A) During a 10-day review period beginning on the 1st day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council, no member of the Council introduces a resolution to approve or disapprove the proposed request for proposals; or
(B) If a resolution has been introduced in accordance with subparagraph (A) of this paragraph, and the Council does not approve or disapprove the proposed request for proposals during a 45-day review period beginning on the 1st day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council.
(3) A disapproval resolution adopted by the Council pursuant to this subsection may include recommendations for revisions to the request for proposal.
(c)(1) The final request for proposals issued by the Office shall be substantially similar to the proposed request for proposals submitted to the Council for approval.
(2) If a substantive change is made to the proposed request for proposals after approval by the Council pursuant to subsection (b) of this section, a revised proposed request for proposals, including changes in redline format, shall be transmitted to the Council for review in accordance with subsection (b) of this section.
(d)(1) Approval of a proposed request for proposals by the Council shall expire 2 years after the effective date of the approval.
(2) If the Office determines before the end of the 2-year period that a public-private partnership agreement cannot be entered into within the 2-year period, the Office may submit to the Council, no later than 60 days before the end of the 2-year period, a proposed resolution seeking additional time for the public-private partnership project and shall include within the proposed resolution a detailed status report on efforts made toward the public-private partnership project, as well as the reasons for the failure to enter into a public-private partnership agreement within the 2-year period.
(3) If the Council does not approve or disapprove the proposed resolution submitted pursuant to paragraph (2) of this subsection within 30 days after receipt of the proposed resolution (excluding Saturdays, Sundays, legal holidays, and days of Council recess), the proposed resolution shall be deemed disapproved.
(Mar. 11, 2015, D.C. Law 20-228, § 110, 62 DCR 261.)