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THE COMMONWEALTH OF VIRGINIA Formatted: Font color: Blue 
The Commonwealth of Virginia 
Public-Private Transportation Act of 1995 (as Amended) 
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COMMONWEALTH OF VIRGINIA 
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Implementation Manual and Guidelines 
May 21, 2012 
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COMMONWEALTH OF VIRGINIA 
PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 
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For the 
Public-Private Transportation Act of 1995 
(as Amended) 
September 16, 2014
COMMONWEALTH OF VIRGINIA 
PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 
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Document Version control 
Version 
Date Issued 
1.0 
October 2005 
2.0 
December 2008 
3.0 
December 2010 
4.0 
May 2012 
5.0 
September 2014
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PREFACE 
The Commonwealth of Virginia (Commonwealth) has been an international leader in the use of public- private partnerships (P3s) for the last two decades. While Virginians are able to enjoy a higher quality of transportation services and choices as a result of P3 projects, we also know a good program can always be improved. Thus, in 2014, we are focusing on strengthening three basic areas: (1) transparency; (2) competiveness; and (3) public engagement. 
Increasing global competition for infrastructure capital investment reinforces these needs every day. This review and revision of our PPTA Implementation Manual and Guidelines (Manual and Guidelines) and the supplementary P3 documents is a major part of that commitment. 
Virginia remains committed to the use of P3s where we can attract private equity, appropriately transfer risks, incorporate life-cycle costs and advance projects in a timelier manner. 
Among the most important changes to this Manual and Guidelines are: (1) more meaningful opportunities for public engagement and awareness, and (2) a stronger role for the Agency Oversight Boards at critical decision points. The changes in our decision-making structures and implementation processes will ensure that critical projects throughout the Commonwealth proceed with the engagement and confidence of the Virginians the projects serve. 
Comments and input from the public, policy and private sector stakeholders over the past several years have made this P3 Manual and Guidelines and its programmatic documents more comprehensive and pragmatic. It is our sincere desire to solicit additional comments from the public, elected officials, General Assembly members, state Agency Administrators, and the Oversight Boards that govern them. Interested and affected stakeholders will have the ability to continuously provide input and comment by making use of the Virginia Office of Public-Private Partnerships (VAP3) website – www.P3virginia.org 
Special thanks goes to VAP3 professionals Jackie Cromwell and Spencer Townsend, for managing the 2014 review and revision process. Thanks also go to other members of the Virginia P3 Office for thoughtful comments and feedback on the document. 
The Honorable Terence (Terry) R. McAuliffe 
Governor of the Commonwealth of Virginia 
The Honorable Aubrey L. Layne, Jr. 
Virginia Secretary of Transportation 
J. Douglas Koelemay 
Director, Virginia Office OF Public-Private Partnerships
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TABLE OF CONTENTS 
1. INTRODUCTION............................................................................................ EXECUTIVE SUMMARY 9 
1.1 PURPOSE OF THE IMPLEMENTATION MANUAL......................................................................... 1 INTR 
1.2 PPTA PROGRAM OBJECTIVES...................................................................................................... 1.1 PURP 
1.32 ORGANIZATION OF THE IMPLEMENTATION MANUAL AND GUIDELINES .................................................. 24 
1.4 PPTA PROJECT DELIVERY FRAMEWORK ....................................................................................... 1.3 P3 PR 
1.5 LEGAL FRAMEWORK – PPTA OF 1995 (AS AMENDED)..................................................................... 1.4 ORGA 
1.6 FUNDING FOR PPTA PROJECT DEVELOPMENT ............................................................................... 1.5 P3 PR 
1.76 PUBLIC PARTICIPATION IN TRANSPORTATION PLANNING AND PROJECT DEVELOPMENT PROCESS ......... 29 
2. ORGANIZATIONAL STRUCTURE AND REPORTING ............................................................................ 1.7 FUND 
2.1 ORGANIZATIONAL STRUCTURE .................................................................................................. 2 PRO 
2.2 OTP3 DIRECTOR1 ................................................................................................ SOLICITED PROJECTS 32 
2.3 PPTA STEERING COMMITTEE....................................................................................................... 2.2 UNSO 
2.4 ................................................................ COMMONWEALTH TRANSPORTATION COMMISSIONER 3 PR 
2.5 OVERSIGHT BOARDS ................................................................................................................... 3.1 HIGH 
3. PROJECT IDENTIFICATION ............................................................................................................ 3.2 DETA 
3.1 SOLICITED PROJECTS.................................................................................................................. 3.3 RISK 
3.2 UNSOLICITED PROPOSALS............................................................................................................ 3.4 REPO 
3.3 KEY ACTION ITEMS...................................................................................................................... 3.5 PROJ 
4. PROJECT SCREENING AND PRIORITIZATION ................................................................................... 3.6 KEY A 
4.1 HIGH-LEVEL PROJECT SCREENING/POLICY REVIEW ...............................................................4 PRO 
4.2 DETAIL-LEVEL 1 ............................................................. PROJECT SCREENINGDEVELOPMENT PROCESS 54 
4.3 PROJECT PRIORITIZATION PROCESS ............................................................................................. 4.2 VALU 
4.4 KEY ACTION ITEMS...................................................................................................................... 4.3 RISK 
5. PROJECT DEVELOPMENT ............................................................................................................. 4.4 REPO 
5.1 PROJECT DEVELOPMENT PROCESS............................................................................................... 4.5 KEY 
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5.2 VALUE-FOR-MONEY ANALYSIS (VFM) – PART I ......................................................................... 5 PRO 
5.3 KEY ACTION ITEMS...................................................................................................................... 5.1 TWO- 
6. PROJECT PROCUREMENT............................................................................................................. 5.2 REQU 
6.1 TWO-STAGE PPTA PROCUREMENT PROCESS ............................................................................... 5.3 REQU 
6.2 REQUEST FOR QUALIFICATIONS .................................................................................................... 5.4 COMP 
6.3 REQUEST FOR PROPOSALS .......................................................................................................... 5.5 VALU 
6.4 VALUE-FOR-MONEY (VFM) – PART II ............................................................................................ 5.6 BASIS 
6.5 BASIS FOR AWARD AND SELECTION OF PREFERRED PROPOSER....................................................... 5.7 PPTA 
6.6 PPTA AUDIT REQUIREMENTS....................................................................................................... 5.8 REPO 
6.75.9 CONTRACT FINALIZATION AND AWARD............................................................................................ 64 
6.85.10 ........................................................................................................................ POST-FINANCIAL CLOSE 65 
6.95.11 ................................................................................................................................ KEY ACTION ITEMS 65 
7. TIMELINES AND MILESTONES ..................................................................................................... 6 APPE 
7.1 ................................................................................................................ PROJECT IDENTIFICATION APPE 
7.2 ....................................................................................................................... PROJECT SCREENING APPE 
7.3 ............................................................................................. PRIORITIZATION OF PPTA PROJECTS APPE 
7.4 ................................................................................................................. PROJECT DEVELOPMENT APPE 
7.5 ................................................................................................................ PROJECT PROCUREMENT APPE 
7.6 ............................................................................................................ PROJECT IMPLEMENTATION APPE 
APPENDIX AH...................................................................................................................................... 95 
APPENDIX BI ....................................................................................................................................... 98 
APPENDIX CAPPENDIX J.................................................................................................................... 99 
APPENDIX DAPPENDIX K ................................................................................................................. 104 
APPENDIX E ........................................................................................................................................ 90 
APPENDIX F......................................................................................................................................... 93 
APPENDIX G ........................................................................................................................................ 95 
APPENDIX H ........................................................................................................................................ 98 
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1.
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EXECUTIVE SUMMARY 
The 2014 Virginia PPTA Implementation Manual and Guidelines (Manual and Guidelines) intends to provide an updated project delivery framework which actively identifies, evaluates, develops and delivers Virginia’s public-private partnership (P3) transportation projects in a consistent, transparent, timely and cost effective manner. This is the responsibility of the Virginia Office of P3s (VAP3 - formerly known as the Office of Transportation Public-Private Transportation (OTP3)) and is accomplished using the 1995 (as amended) Public-Private Transportation Act (PPTA). 
The Virginia P3 program’s objectives and overall goals are: 
• Create investment opportunities, which increase the quality of transportation services in Virginia 
• Administer a fair and competitive project development and procurement process that encourages innovation, private sector investment and creates long-term value for the Commonwealth of Virginia (Commonwealth) 
• Achieve cost efficiencies throughout the life of a project using appropriate transfer of risk 
• Establish reliable and uniform processes and procedures to encourage private sector investment 
• Facilitate timely delivery of P3 projects within established laws and regulations 
• Promote transparency and accountability coupled with informed and timely decision making 
The Virginia P3 project delivery framework (Framework), shown in Figure 1, streamlines and standardizes the process to enhance delivery of transportation projects in the Commonwealth. It is designed to demonstrate the processes, multiple decision points, points of transparency and public involvement, and competitive nature of the procurement. Ultimately, these objectives result in the Commonwealth receiving the Best Value. 
The revised Manual and Guidelines is organized into chapters that provide details on the P3 processes within the Framework and address roles and responsibilities for both Solicited Projects (i.e., projects initiated by the Commonwealth) and Unsolicited Proposals (i.e. proposals submitted by the private sector for consideration). 
Chapter 1 is an Introduction to the Manual and Guidelines, P3 program objectives, organizational structure of the Manual and Guidelines, and the Framework. This chapter discusses information regarding the organizational and reporting structure of the VAP3, as well as describes the roles of the VAP3 Director, the PPTA Steering Committee, the Agency Administrator, and the various transportation agencies Oversight Boards. Funding mechanisms, public involvement opportunities and P3 program initiatives for P3 projects are also discussed. 
Chapter 2 describes project identification for potential P3 projects. It outlines project identification process steps for both Solicited Projects and Unsolicited Proposals. This chapter also highlights the standard transportation planning documents, plans and processes where potential P3 projects
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originate (e.g. Metropolitan Planning Organization Long-Range Transportation Plan). During these processes, stakeholders including the public and elected officials’ comments and feedback are sought out by the Agency Administrator and the VAP3. 
Chapter 3 contains information on project screening for potential P3 projects. This chapter includes information on the High-Level Screening Report performed for potential Solicited Projects and the Policy Review for Unsolicited Proposals. Both types of screenings consider several key criteria. 
This chapter also describes the detail-level screening process which considers feasibility, desirability, and prioritization (priority within the Commonwealth as well as a potential schedule for development and procurement) of the potential P3 project. For advancement to the detail-level screening, both high-level screenings and policy reviews require approval from the Agency Administrator (see Figure 1). The detail-level screening criteria form the basis on which the VAP3 and the Agency Administrator recommend to the PPTA Steering Committee whether a project would bring value by procuring as a P3 project 
The PPTA Steering Committee, which is composed of the Deputy Secretary of Transportation, Oversight Board members, an agency financial representative and a non-agency financial representative, reviews the detail-level screening Report and recommendations from the VAP3 Director and Agency Administrator. The information in the detail-level screening Report enables the PPTA Steering Committee to make a recommendation concerning advancement of the project to the P3 project development phase. If the PPTA Steering Committee recommends that the project be advanced to the P3 project development phase, then the VAP3 Director and the Agency Administrator will brief the appropriate Oversight Board and seek approval to advance the project to the P3 project development phase. The Agencies, Affected Locality, and appropriate General Assembly members are notified of the decision of the Oversight Board. The detail-level screening Report, PPTA Steering Committee decision and the Oversight Board decision are posted on the VAP3 website for public awareness and comment. 
Chapter 4 describes the P3 project development phase, which prepares the project for procurement. During the project development process activities related to the refining of the project scope are carried out. These activities include, where appropriate,: release of a Request for Information (RFI); development of an initial schedule for project delivery; drafting of preliminary procurement documents; activities related to risk management for the project; commissioning an initial Value for Money study for the project; develop an initial estimation of the project cost; establishing an initial estimate of the public subsidy (if required) for the project; establishing the potential economic benefits of the project; and establishing the project’s preliminary business points. At numerous designated points throughout the P3 project development phase, stakeholders (e.g., general public, elected officials) have the opportunity to provide comments and receive information about the various analyses underway. 
At the conclusion of the P3 project development phase, the appropriate Oversight Board reviews the recommendations prepared by the VAP3 Director and the Agency Administrator based on the project development activities to determine whether the project should continue to the procurement process. The decision of the Oversight Board is posted on the VAP3 website for public awareness and feedback. Appropriate members of the General Assembly, Affected Localities and other stakeholders are briefed regarding the details. 
Chapter 5 describes the P3 project procurement phase, which includes issuing a Request for Qualifications (RFQ), short-listing qualified respondents and issuing a Request for Proposals (RFP). The project procurement process results in the selection of a Preferred Proposer. The basis for
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award and selection of Preferred Proposers is described in detail in this chapter. Once a Preferred Proposer has been identified and selected, the VAP3 Director and the Agency Administrator brief the appropriate Oversight Board. The briefing focuses on: the final major business points for the project; the results of the statutory audit; the updated Value for Money analysis; the updated economic benefits; the results of the competitive bid; an update of the public subsidy required for the project; and an updated report on the management of risk related to the project. The appropriate Oversight Board must affirmatively instruct the Agency Administrator to execute a Comprehensive Agreement. The briefing report and Oversight Board decision is posted on the VAP3 website. Appropriate members of the General Assembly and other stakeholders will be briefed regarding the details.
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Figure 1 
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PPTA Steering Committee Project DevelopmentAgencyComprehensive Agreement ExecutedReturned to Agency or ProposerAgency Implements / VAP3 supportsUnsolicited P3 ProjectsDetail-Level Screening with RecommendationsPolicy Review with RecommendationsSolicited P3 ProjectsP3 Project ProcurementSelection of Preferred ProposerBriefing Focus: ‒ Major Business Points ‒ Statutory Audit ‒ Updated Value-for-Money ‒ Updated economic benefits ‒ Project bid ‒ Public subsidyBriefing Focus: ‒ Detail-Level Screening Report ‒ Desirability as P3 ‒ Feasibility as P3 ‒ HB 2 Prioritization ‒ Duration of P3 development and procurementDraft Contract Documents posted on P3 Website for review & commentAgency Oversight Board* Oversight Board* Oversight Board* Briefing Focus: ‒ RFI results ‒ Schedule ‒ Refresh on the high points from Project Development ‒ Preliminary Procurement documents ‒ Risk Analysis and Value-for-Money ‒ Estimated project cost ‒ Potential public subsidy ‒ Potential economic benefits ‒ Preliminary Business PointsAgencyNOHigh-Level Screening with RecommendationsFinal Contract Documents posted on P3 Website *Parties to be notified and briefed upon request after the Oversight Board decision: ‒ Chairs of General Assembly Subcommittees ‒ MPO’s ‒ Interested members of General Assembly ‒ Special interest groups ‒ Regulatory Agencies ‒ PublicNONONO 
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1 INTRODUCTION 
2 INTRODUCTION 
The Public-Private Transportation Act of 1995, as amended (PPTA)), is the legislative framework enabling the Commonwealth of Virginia (Commonwealth), local governments, and certain other public entities as defined in the PPTA, to enter intothe public private partnership (P3) agreements authorizing private entities to develop and/or operate Qualifying Transportation Facilities. This chapter describes the purpose and organization of the PPTA Implementation Manual and Guidelines, summarizes the commonwealth’s objectives for the PPTA Program, presents the PPTA Project Delivery Framework within which the policies and procedures of the PPTA Program will be followed, presents the commercial and legal framework within which the PPTA Program operates, and addresses the funding mechanism for the OTP3 of Transportation Public-Private Partnerships (OTP3(P3 projects). 
Defined terms capitalized in this document are available in the PPTA Guidance - Definitions. 
2.1 PURPOSE OF THE IMPLEMENTATION MANUAL 
In March 2010, the Secretary of Transportation conducted a programmatic review of the commonwealth’s PPTACommonwealth’s P3 program. The review identified several opportunities for program improvement, including revising the then existing PPTA Implementation Guidelines. This updated PPTA Implementation Manual and Guidelines (Implementation Manual and Guidelines) replaces the earlier PPTA Implementation Guidelines (dated December 10, 2010)versions and shall constitute the guidelines required by the PPTA as set forth in § 33.2-1803 (formerly§ 56-560) of the Code of Virginia. For previous versions of the documents, refer to the Virginia Office of P3’s (VAP3 - formerly known as the Office of Transportation Public-Private Transportation (OTP3)) website – www.P3virginia.org.The Manual and Guidelines is updated periodically at the discretion of the VAP3 Director, to reflect changes in legislation, policies, procedures and industry practice. The most recent version was updated in 2012. 
The Commonwealth Transportation Board (CTB) specifically instructed the VAP3 and the Virginia Department of Transportation (VDOT) in a May 14, 2014 resolution to review the 2012 Manual and Guidelines to include more direct Oversight Board involvement, enhance public involvement, transparency and the competitiveness of the P3 process, and provide better identification and management of project risks. 
This chapter describes the purpose and organization of the Manual and Guidelines, summarizes the Commonwealth’s objectives for the P3 program and presents the P3 Project delivery framework (Framework) of the program. The chapter also describes the VAP3’s organizational structure and reporting, public participation opportunities within the Framework and addresses the funding mechanism for the VAP3. 
In the remainder of the Manual and Guidelines, the term PPTA will refer to the legislative act. When referring to projects in the Manual and Guidelines, the more general industry term of P3’s is used. 
2.1 PURPOSE OF THE IMPLEMENTATION MANUAL PROVIDES GUIDANCEAND GUIDELINES 
The Manual and Guidelines provide direction regarding PPTAP3 project development and implementation for both Solicited PPTA projectsProjects and Unsolicited Proposals across all modes of transportation, Formatted: Font: Arial, Font color: AutoFormatted: Font color: AutoFormatted: Font: Arial, Font color: AutoFormatted: Font color: Auto
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including multimodal and intermodal projects. The Implementation Manual and Guidelines outlines PPTAP3 processes that are intended to be consistent, transparent, and stable, while encouraging private sector innovation and investment to address the transportation needs of the commonwealth. The Secretary of Transportation adopts this Implementation Manual for use by the commonwealth’s transportation agencies, including the Department of Transportation, the Virginia Port Authority, the Department of Rail and Public Transportation, the Department of Aviation, the Virginia Commercial Space Flight Authority, and the Department of Motor Vehicles (each referred to generally herein as the “Agency” and considered the Responsible Public Entity, as such term is defined in the PPTA), as well as private entities that are interested in submitting Proposals for PPTA projects. The guidelines and processes included in this Implementation Manual may be used by other Responsible Public Entities, including local governments and transportation authorities, if adopted in accordance with the applicable laws and regulations of the authority having jurisdiction over the project.Commonwealth. 
The Secretary of Transportation recognizes that each PPTA project is unique and that certain elements set forth in this Implementation Manual may not apply in all circumstances or may be subject to change in certain circumstances. Therefore, the Agency Administrator retains the flexibility to modify the procurement and implementation processes set forth herein to address the specific needs of a particular PPTA project as necessary. Any failure by the Secretary of Transportation, the OTP3, or the Agency Administrator to follow the processes set forth in this Implementation Manual shall not give recourse to any individual or entity for such failure. The Implementation Manual may be periodically revised or updated in order to meet the mission of the Secretary of Transportation and the objectives of the PPTA Program. Revisions can be made at the direction of the OTP3 Director, in consultation with the PPTA Steering Committee, and as approved by the Secretary of Transportation. 
The Implementation Manual does not modify or override requirements of the PPTA legislation, and the PPTA shall govern in the event of any conflicts between the PPTA and this Implementation Manual. The processes and requirements included in this Implementation Manual will not apply retroactively to PPTA projects for which either an Interim Agreement or Comprehensive Agreement has been entered into by the Agency as of the date of issuance of this Implementation Manual. 
2.2 PPTA PROGRAM OBJECTIVES 
The PPTA Project Delivery Framework reflects the objectives of the PPTA Program. To ensure that PPTA projects are consistent with the commonwealth’s transportation goals of improving safety and security; reducing congestion; system maintenance and preservation; mobility, connectivity, and accessibility; environmental stewardship; economic vitality; and coordination of transportation and land use and program delivery, the Secretary of Transportation has established the following objectives for the PPTA Program: 
• Facilitate timely delivery of PPTA projects, within established laws and regulations; 
• Develop multimodal and intermodal solutions that are consistent with state, regional and local transportation policies, plans and programs; 
• Encourage competition for innovation and private sector investment to create Value-for-Money for the commonwealth; 
• Promote transparency and accountability, coupled with informed and timely decision making; 
• Establish reliable and uniform processes and procedures to encourage private sector investment;
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• Seek efficiencies by standardizing processes; 
• Foster efficient management of commonwealth financial and organizational resources; 
• Achieve lifecycle cost efficiencies through appropriate risk transfer; and 
• Promote economic growth and job creation. 
2.3 ORGANIZATION OF THE IMPLEMENTATION MANUAL 
This Implementation Manual is organized into the following chapters that specifically address the roles and responsibilities of the OTP3 and each element of the PPTA Project Delivery Framework. These chapters include: 2. Organizational Structure and Reporting, 3. Project Identification, 4. Project Screening, 5. Project Development, 6. Project Procurement, and 7. Timelines and Milestones. Supporting information is provided in Appendices A through H as well as PPTA Guidance - Definitions. 
Blue boxes located throughout the body of the document provide high-level guidance regarding the intent of the process. The Appendices contain additional detailed guidance on the more complicated parts of the process.The PPTA requires that Responsible Public Entities (RPEs) develop and/or adopt Diagrams illustrating the steps in the process are provided and key decision points are highlighted. At the end of each of these chapters are a summary of key action items and the list of entities responsible for each item. 
2.4 PPTA PROJECT DELIVERY FRAMEWORK 
The PPTA Project Delivery Framework (PPTA Framework) is intended to streamline and standardize the PPTA process in order to enhance the delivery of transportation infrastructure projects within the commonwealth. It was developed to capture the processes and decision points inherent in a PPTA project development lifecycle for both Solicited Projects (i.e., projects initiated by the commonwealth) and Unsolicited Proposals, namely, project identification, project screening, project prioritization, project development, project procurement, and contract management. 
Guidance: A detailed map of each action and decision point within the PPTA Framework can be found in Appendix B of this Implementation Manual. 
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PPTA Steering Committee Project DevelopmentAgencyComprehensive Agreement ExecutedReturned to Agency or ProposerAgency Implements / VAP3 supportsUnsolicited P3 ProjectsDetail-Level Screening with RecommendationsPolicy Review with RecommendationsSolicited P3 ProjectsP3 Project ProcurementSelection of Preferred ProposerBriefing Focus: ‒ Major Business Points ‒ Statutory Audit ‒ Updated Value-for-Money ‒ Updated economic benefits ‒ Project bid ‒ Public subsidyBriefing Focus: ‒ Detail-Level Screening Report ‒ Desirability as P3 ‒ Feasibility as P3 ‒ HB 2 Prioritization ‒ Duration of P3 development and procurementDraft Contract Documents posted on P3 Website for review & commentAgency Oversight Board* Oversight Board* Oversight Board* Briefing Focus: ‒ RFI results ‒ Schedule ‒ Refresh on the high points from Project Development ‒ Preliminary Procurement documents ‒ Risk Analysis and Value-for-Money ‒ Estimated project cost ‒ Potential public subsidy ‒ Potential economic benefits ‒ Preliminary Business PointsAgencyNOHigh-Level Screening with RecommendationsFinal Contract Documents posted on P3 Website *Parties to be notified and briefed upon request after the Oversight Board decision: ‒ Chairs of General Assembly Subcommittees ‒ MPO’s ‒ Interested members of General Assembly ‒ Special interest groups ‒ Regulatory Agencies ‒ PublicNONONO 
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2.5 LEGAL FRAMEWORK – PPTA OF 1995 (AS AMENDED) 
The Public-Private Transportation Act of 1995 (§§ 56-556 to 575 of the Code of Virginia), as amended, is intended, among other things, to encourage investment in the commonwealth by private entities in order to facilitate the development and/or operation of Qualifying Transportation Facilities. 
The PPTA provides flexibility in contracting to public and private entities for the provision of public services, which includes developing financing methods, including user fees and service payment mechanisms, combining private financing with public funds/financing and issuing debt, equity or other financial securities. The PPTA allows both Solicited Projects and Unsolicited Proposals. 
A Responsible Public Entity may solicit Proposals from private entities for the development and/or operation of transportation facilities. Alternatively, any private entity seeking authorization to develop and/or operate a Qualifying Transportation Facility may submit an Unsolicited Proposal to the Responsible Public Entity as described in more detail in Chapter 3 Project Identification. 
Furthermore, the PPTA requires that the Responsible Public Entity develop guidelines that establish the process for the acceptance and review of both Solicited Projects and Unsolicited Proposals from a private entity. The PPTA requires that thethese guidelines establish a specific schedule for review of a Proposalproject or proposal by the Responsible Public Entity,Agency. It also requires a process for alteration of that schedule by the Responsible Public EntityAgency if it deems that changes are necessary because of the scope or complexity of Proposalsprojects or proposals it receives and the type and amount of information that is necessary for adequate review of Proposals in each stage of review. For Qualifying Transportation Facilities that have approved or pending state and federal environmental clearances, secured significant right of way, have previously allocated significant state or federal funding, or exhibit other circumstances that could reasonably reduce the amount of time to develop and/or operate the Qualifying Transportation Facility in accordance with the PPTA, the OTP3 will coordinate a prioritized documentation, review, and selection process.projects or proposals in each stage of review. 
2.5.1 Contractual Framework 
Pursuant to the PPTA, a Comprehensive Agreement between the private entity and the Responsible Public Entity governs the delivery and operation of the Qualifying Transportation Facility. Pursuant to §56-566 of the Code of Virginia, the Comprehensive Agreement establishes the duties of the private entity and may contain such other terms and conditions that the Responsible Public Entity determines serve the public purpose of the PPTA. The Comprehensive Agreement requires, as appropriate, that the private entity provide for certain performance and payment security, project insurance and reimbursement to the Responsible Public Entity for its services. In addition, the Comprehensive Agreement provides for, as appropriate, the establishment of user fees in respect of the project, contributions of public funding to the project, terms of distribution of earnings of the private entity, certain rights of review, inspection and audit in favor of the Responsible Public Entity and provisions concerning notice of default and cure rights for the benefit of other private entities, such as lenders, that are providing financing for the Qualifying Transportation Facility. The Comprehensive Agreement may also contain such other lawful terms and conditions to which the private entity and the Responsible Public Entity mutually agree. 
The Agency recognizes that the development of commercial terms is a fluid, bi-lateral process governed by considerations of public policy and market terms. While maintaining flexibility in structuring Comprehensive Agreements, the Agency will generally seek to follow and benefit from national and Formatted: Font: 10 pt, Font color: Auto, NotSmall caps
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international precedents, including prior PPTA projects. In certain circumstances, the Agency may elect to enter into an Interim Agreement with one or more private entities to pre-develop certain aspects of a particular project. 
Guidance: Appendix C summarizes an approach to developing commercial terms based on the principles adopted by the commonwealth for entering into Comprehensive Agreements with private entities to develop and/or operate Qualifying Transportation Facilities. 
1.5.2.Conflicts of Interest and Other Considerations 
The Office of the Secretary of Transportation realizes that conflicts of interest may be encountered during PPTA project delivery. The Secretary of Transportation intends for each agency to assume a proactive stance with regard to actual, potential or perceived conflicts. To assure transparency, accountability, and objectivity, any Proposal submitted to the OTP3 pursuant to the PPTA will follow the state and federal laws, regulations and guidelines regarding potential organizational conflicts of interest. Such requirement will extend to external advisors, consultants and staff. Examples of such federal laws, regulations and guidelines are 23 CFR § 636.116, 23 CFR § 771, 48 CFR § 9.5, the Committee on Foreign Investment in the United States (CFIUS) processes, and § 2.2-4373 of the Code of Virginia. 
To protect the integrity, fairness and competitive spirit of the procurement process for PPTA projects, each Proposer is required to agree to limit all communications within the Executive Branch regarding their Proposals, including all advocacy efforts, to the individuals or entities designated by the OTP3 Director and coordinate any such communications through the OTP3. Any requirements and restrictions related to communications will be specified in the procurement documents for a particular PPTA project. 
The OTP3 Director, in consultation with the Office of the Attorney General, the Agency Administrator and other state, local and federal agencies, as appropriate, will determine on a case-by-case basis whether organizational conflicts of interest exist and what actions may be appropriate to avoid or mitigate any actual, potential or perceived conflict. 
Agency Administrators can present this Manual and Guidelines to their Oversight Board for adoption and use. Thus the processes outlined in this Manual and Guidelines may be used by other Responsible Public Entities (RPE’s), including local governments and transportation authorities, if adopted in accordance with the PPTA and regulations of the authority having jurisdiction over the project. This Manual and Guidelines can be used by private entities interested in submitting Proposals for P3 projects. 
1.5.3.Each P3 project is unique and certain elements set forth in this Manual and Guidelines may not apply in all circumstances or may be subject to change in certain circumstances. Therefore, the VAP3 Director, in Virginia Freedom of Information Act 
All Proposals submitted by private entities to the OTP3 pursuant to the PPTA become the property of the OTP3 and are subject to disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia; VFOIA). Private entities either proposing projects or responding to solicitation requests issued by the OTP3 or a Responsible Public Entity are advised to familiarize themselves with the VFOIA provisions to ensure that they are taking the necessary steps to protect documents identified as confidential or proprietary from disclosure pursuant to the VFOIA. 
The OTP3 Director, in consultation with the Office of the Attorney General, the Agency Administrator and other state, local and federal agencies, as appropriate, will determine whether the requested materials are exempt from disclosure under applicable law and, if appropriate, the scope of such protection. In the Formatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Font color: Auto, NotSmall capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: Font: 10 pt, Font color: Auto, NotSmall caps
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event that the OTP3 elects to disclose the requested materials, it will provide the Proposer notice of its intent to disclose. In no event shall the commonwealth, the Secretary of Transportation, the OTP3 Director or the Agency Administrator be liable to a Proposer for the disclosure of all or a portion of a Proposal submitted to the OTP3 pursuant to the PPTA and guidelines included in this Implementation Manual. 
In order to assert that any material submitted by a private entity should be deemed confidential and proprietary information, a private entity may wish to consider the following options prior to submitting their Proposal: 
1. Submit a written request to the OTP3 Director identifying the data or other materials for which protection from disclosure is sought and the reasons why such protection is necessary; 
2. Upon request by the OTP3 Director, make oral presentation to the OTP3 and legal counsel; 
3. Receive written notification from the OTP3 Director accepting or rejecting a confidentiality request; and 
4. Conduct similar processes with Affected Jurisdictions. 
Failure to take such precautions prior to the submission of a Proposal may subject all information to disclosure under the VFOIA. 
Sections 2.2-3705.6 and 56-573.1:1 of the Code of Virginia outlines the application of the VFOIA to the PPTA process: 
• Once a Comprehensive Agreement has been entered into and the process of negotiating all phases or aspects of the Comprehensive Agreement is complete, the OTP3, in coordination with the Agency Administrator, will make procurement records available in accordance with § 2.2-4342 of the Code of Virginia; 
• Procurement records shall not be interpreted to include proprietary, commercial or financial information, balance sheets, financial statements or trade secrets that may be provided by the private entity as evidence of its qualifications; and 
• Certain confidential and proprietary information, and related records, may remain confidential if the financial interests of the commonwealth, the Agency or the private entity would be adversely affected. 
Where interpretation of these statutes is required, the policy goals of transparency and accountability in this Implementation Manual shall prevail. Additional information regarding the VFOIA can be found in § 2.2-3700 of the Code of Virginia. 
1.5.4.Applicability of Laws 
The Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia; VPPA) does not apply to the PPTA, except to the extent specified in § 56-573.1 of the Code of Virginia. Additionally, in soliciting or reviewing project Proposals under the PPTA, the commonwealth’s transportation agencies and offices, including the OTP3, shall comply with applicable federal, state and local laws. Likewise, in submitting Proposals and in developing or operating Qualifying Transportation Facilities pursuant to the PPTA, private entities shall comply with applicable federal, state and local laws. Such laws may include, but not Formatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Font color: Auto, NotSmall caps
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necessarily be limited to, requirements for workers’ compensation insurance coverage, compliance with prompt payment, compliance with ethics in public contracting and compliance with environmental laws, workplace safety laws, and state or local laws governing contractor or trade licensing, codes and permit requirements. 
1.5.5.Pledge of Confidentiality 
Each member of the OTP3 and the Agency that is associated with developing, reviewing or selecting submitted project Proposals has access to proprietary and confidential information. Any misuse by employees or representatives of the Agency of such information or other materials, information and data provided to the Agency by a Proposer is strictly prohibited. 
The OTP3 will institute proper safeguards concerning Proposal security for each PPTA project, including where materials will be stored, who can have access to them and under what circumstances. Anyone assisting in the evaluation of the Proposals will be required to execute confidentiality/non-disclosure and conflict of interest agreements that provide for the confidential treatment of evaluation and procurement materials and require disclosure of potential or actual conflicts of interest with Proposers.retains the flexibility to modify the procurement These agreements may be executed at the commencement of procurement as well as during the Proposal evaluation period. 
2.6 FUNDING FOR PPTA PROJECT DEVELOPMENT 
Generally, the OTP3 will fund the work to advance candidate Solicited Projects to the end of the Project Screening and Prioritization phase. Once a decision is made to deliver a Solicited Project within the OTP3 and the project advances into the Project Development phase, the relevant Agency will then be responsible for identifying and securing the funding necessary to support the project administration, project management, project development (i.e., preliminary engineering and studies) and procurement phase activities, as well as any public funding contribution a given project may require. The OTP3 Director will coordinate with the Agency Administrator to ensure that the Agency identifies and plans for funding needs in a timely manner to allow Qualifying Transportation Facilities to move efficiently through the PPTA Project Delivery Framework. 
2.7 PUBLIC PARTICIPATION IN TRANSPORTATION PLANNING AND PROJECT DEVELOPMENT PROCESS 
Opportunities exist for public involvement at many different times during planning, identification, development, procurement, and implementation of transportation projects. Each Agency will have specific public involvement guidance related to their sector of transportation. Below are is a general description of opportunities for involvement in roadway and rail/transit projects. 
The general public, elected officials, localities, and regional planning organizations, such as Planning District Commissions (PDC’s) and Metropolitan Planning Organizations (MPO’s), have numerous opportunities during the traditional planning process to influence the identification of transportation needs and recommendations for improvements. The development of long-range transportation system plans provides initial opportunities for public and interagency input, including review and comment on draft transportation plans. Typical plans include, but are not limited to: local government comprehensive plans, PDC rural long range plans, MPO constrained long range plans, VTrans and the Virginia Surface Transportation Plan. Formatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Font color: Auto, NotSmall caps
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Following the identification of needs and potential transportation solutions, the development of programming documents provides yet another set of opportunities to shape recommendations for transportation improvements. The programming process identifies which improvement projects shall advance. Examples that offer opportunities for public input include local government Capital Improvement Programs (CIP’s), the Commonwealth Transportation Board’s Six-Year Improvement Program and MPO Transportation Improvement Programs (TIP’s). 
For Solicited Projects, the relevant Agency initiates and completes an environmental document in accordance with the National Environmental Policy Act (NEPA), if required, prior to inviting Proposals for projects. At this point, the purpose and need for the project is well established, alternative design concepts and scopes are analyzed, and operational features are identified. The concepts and analyses are submitted to the public and various other stakeholders for review and comment, and, ultimately, a preferred alternative is selected and a determination such as a Categorical Exclusion (CE), Finding of No Significant Impact (FONSI), or Record of Decision (ROD) is issued by the appropriate lead federal agency. As part of the public review and comment process, information meetings and public hearings are typically held in public locations, giving stakeholders reasonable opportunity to influence a project’s development. Following the NEPA process, the OTP3, working in collaboration with the Agency, will make a decision as to whether a project should advance as a PPTA project. 
Additional opportunities for public involvement and comment specific to the PPTA Framework also exist at the following key milestones: 
Key Project Milestones 
Public Notice / Involvement / Opportunities 
1. Development of PPTA Projects Priority List 
Notification of General Assembly members by OTP3 Director; MPO’s; Agency Administrators; public input solicited; posting on OTP3 website; press releases. 
2. Project Development 
CTB Location approval, CTB proposed Business Terms; public meetings; public input solicited on proposed Business Terms; posting on OTP3 website; press releases. 
3. Request for Qualifications 
Notification of General Assembly members by OTP3 Director; MPO’s; Agency Administrators; posting on OTP3 website; press releases. 
4. Request for Proposals 
Notification of General Assembly members by OTP3 Director; MPO’s; Agency Administrators; posting of draft RFP and Final RFP, CTB Final Major Business Terms on OTP3 website; press releases. 
5. Selection of Preferred Proposer 
Press release and posting of selection on OTP3 website. 
6. Execution of Agreement 
Press release and posting of executed Agreement on OTP3 website.
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In summary, each of the preceding phases allows an opportunity for the public, localities, and regional planning organizations to influence a project’s identification, selection and specific features. The phases are prerequisites for the development of any major public transportation project, as well as for a prospective Solicited Project or Unsolicited Proposal to successfully enter into the PPTA project procurement stage.
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3 ORGANIZATIONAL STRUCTURE AND REPORTING 
The OTP3 is responsible for developing, implementing, and administering PPTA projects across all modes of transportationprocesses set forth herein to address the commonwealth’s transportation needs in accordance with specific needs of a particular P3 project. Any deviation from the processes and procedures set forth in this Implementation Manual. The primary objective of the OTP3 is to accomplish the timely delivery of PPTA projects that address priority transportation needs. The OTP3 will serve as the champion to bring PPTA projects to fruition, be the primary point of contact for PPTA projects serving all modes of transportation and a resource to public sector agencies, private entities and other stakeholders working to advance PPTA projects. This chapter briefly describes the OTP3’s organizational structure, reporting relationships, roles and responsibilities.Manual and Guidelines by the VAP3, RPE, or the Agency Administrator shall not give recourse to any individual or entity for such deviation. 
The Manual and Guidelines does not modify or override requirements of the PPTA, and the PPTA shall govern in the event of any conflicts between the PPTA and this Manual and Guidelines. The processes and requirements included in this Manual and Guidelines will not apply retroactively to P3 projects for which either an Interim Agreement or Comprehensive Agreement has been entered into by the Agency as of the date of issuance, or update as applicable, of this Manual and Guidelines. 
2.2 ORGANIZATION OF THE IMPLEMENTATION MANUAL AND GUIDELINES 
This Implementation Manual and Guidelines is organized into chapters that specifically address the roles and responsibilities associated with the Framework. These chapters include: 2. Project Identification; 3. Project Screening; 4. Project Development; 5. Project Procurement; and 6. Timelines and Milestones. Supporting technical documentation is provided in Appendices A through K. 
Defined terms capitalized in this document are available in Appendix A - Virginia P3 Guidance - Definitions. 
Green boxes located throughout the body of the document provide high-level guidance regarding the intent of the process. The Appendices contain detailed guidance on the more complex parts of the process. Diagrams illustrating the steps in the process are provided and key decision points are highlighted. At the end of each of these chapters are a summary of key action items and the list of entities responsible for each item. 
2.3 P3 PROGRAM OBJECTIVES 
The Commonwealth’s transportation goals are: improving safety and security; reducing congestion; system maintenance and preservation; mobility, connectivity, and accessibility; environmental stewardship; economic vitality; and coordination of transportation, land use and program delivery. To ensure that P3 projects are consistent with these goals the following objectives for the P3 program have been established. 
• Create investment opportunities that increase the quality of transportation services in Virginia 
• Administer a fair and competitive project development and procurement process that encourages innovation, private sector investment and creates long-term value for the Commonwealth of Virginia (Commonwealth) 
• Achieve lifecycle cost efficiencies through appropriate risk transfer
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• Establish reliable and uniform processes and procedures to encourage private sector investment 
• Facilitate timely delivery of P3 projects, within established laws and regulations 
• Promote transparency and accountability, coupled with informed and timely decision making 
• Foster efficient management of Commonwealth financial and organizational resources 
2.12.4 ORGANIZATIONAL STRUCTURE 
The multimodal OTP3VAP3 reports to and works directly with the Secretary of Transportation. For administrative ease, they are supported by the Virginia Agency of Transportation. The organizational structure provides the flexibility to leverage resources and expertise across all modes of transportation, includingidentifying multimodal and intermodal solutions. 
Figure 2 
Commonwealth of VirginiaSecretary of VirginiaDepartment of Transportation Department of Rail & Public Transportation Virginia Port Authority Department of Aviation Department of Motor Vehicles Commercial Space Flight Authority Virginia Office of Public-Private Partnerships 
The OTP3 and its Director report to the Secretary of Transportation with regard to policy implementation. The OTP3VAP3 will work with directly with the respective Agency Administrator for each PPTAP3 project that corresponds within thatwith a particular transportation mode, for. For example, for an aviation-related PPTAP3 project, the OTP3VAP3 Director will work with the Director of Aviation. 
The organizational structure allows for flexibility in leveraging resources and expertise from other disciplines, such as planning, right-of-way acquisition, environmental and utilities, among others, within the relevant Agency at various stages of the For a rail-related P3 project identification, screening and prioritization, development, procurement, construction and maintenance phases. , the VAP3 Director will work with the Director of the Department of Rail and Public Transportation. 
2.22.4.1 OTP3VAP3 Director 
The OTP3VAP3 Director is responsible for overseeing all aspects of the PPTA Program, from identifying, screening and prioritizing candidate PPTA projects to timely development, procurement and contract management. P3 program. This includes PPTA Program outreach and stakeholder coordination and reporting all program and project activities to the Commonwealth Transportation Commissioner and the Secretary of Transportation and Agency Administrators. Formatted: Indent: First line: 0" Formatted: Bullets and NumberingFormatted: Font color: AutoFormatted: Heading 3, Indent: First line: 0" Formatted: Bullets and NumberingFormatted: Font color: Auto
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Additionally, the OTP3The VAP3 Director is also responsible for working collaboratively with other public agencies and the industry regarding the PPTA ProgramCommonwealth P3 program and PPTAP3 projects, complying with applicable statutes, regulations, and policies, as well as; and ensuring that external stakeholders, such as impacted transportation modespublic entities, local stakeholders, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Maritime Commission (FMC) and the Office of the Attorney General (OAG) are adequately represented, as appropriate, during the various stages of P3 project identification, screening, development, procurement and implementation processes, as and when appropriate. The OTP3 Director, in consultation with the Agency Administrator and appropriate executive-level staff, is empowered to represent the commonwealth in the development of commercial terms in discussion with private entities. 
The OTP3 Director, supported by a multidisciplinary program staff, is responsible for delivering key functions, including PPTA project screening, developing and delivering PPTA projects across all modes and contract management for existing PPTA projects. The OTP3 Director will work closely with the Public Relations Officer of the Commonwealth’s transportation agencies and local jurisdictions, as appropriate, to facilitate public understanding and support for PPTA projects. Additionally, the OTP3 Director will collaborate with private entities, the commonwealth’s transportation agencies, Metropolitan Planning Organizations and other groups for developing appropriate communication strategies for the PPTA Program. 
PPTA Project Screening 
The OTP3 leads the PPTA project screening effort. The project screening function includes coordination with the relevant Agency’s planning division, evaluation of short- and long-term transportation plans and applying detailed screening criteria to a specific project or group of candidate PPTA projects. Additionally, the project screening function culminates in making a recommendation to the PPTA Steering Committee about whether to move forward with a particular project utilizing the PPTA delivery method. Refer to Chapter 4 (Project Screening and Prioritization) for more detailed information. 
Developing PPTA Projects 
The second key function of the OTP3 is PPTA project development. The OTP3 Director appoints a Project Manager for each project selected for development through the PPTA Program. The Project Manager serves under the direction of the OTP3 Director. The Project Manager will be a person with strong commercial expertise and public policy and infrastructure industry knowledge. Working closely with other disciplines within the Agency, the Project Manager has overall responsibility for addressing the needs of a specific PPTA project, including overseeing its development, procurement, contract execution and reaching financial close. Any member of PPTA team may serve as the Project Manager at the discretion of the OTP3 Director. 
The Project Manager is responsible for leveraging the appropriate financial, commercial, procurement and technical expertise required for developing a specific PPTA project. The Project Manager ensures that appropriate coordination with other agencies and stakeholders occurs throughout the project development lifecycle. Because more than one PPTA project may be considered for procurement at a given time, there may be more than one Project Manager under the direction of the OTP3 Director, each assigned to a specific PPTA project. Formatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph Font
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PPTA Contract Management 
The third key function of the OTP3 is contract management. Once a Comprehensive Agreement is executed and financial close has occurred, the OTP3 will assist with contract management and serve as a resource for the District or Agency for any commercial issues that may arise during the construction and/or operations and maintenance phases of the project. The OTP3’s role also includes certain contract compliance responsibilities such as reviewing the periodic updates to the financial model, evaluating revenue sharing provisions, monitoring refinancing activities, reviewing the audited financial statements for the project and other activities as defined in the applicable Comprehensive Agreement. 
2.4.2 Agency Administrators 
The Agency Administrator has the responsibility and legal authority to make decisions on commercial and contractual terms related to the P3 projects within the relevant transportation agency. 
2.4.3 PPTA Steering Committee 
3.3 THE PPTA Steering Committee 
The PPTA Steering Committee (PPTA Steering Committee) is comprised of the Commissioner of Highways, the Chief Deputy Commissioner of Highways, the will consist of the following representatives: Deputy Secretary of Transportation, the OTP3 Director, the Chief Engineer of the Virginia Department of Transportation (chair), two members of the relevant Oversight Board, the Chief Financial Officer of the Virginia Department of Transportation, the Chief of Planning and Programming of the Virginia Department of Transportation, and one representative each from the Virginia Port Authority, the Department of Rail and Public Transportation, the Department of Aviation, Virginia Commercial Space Flight Authority, and the Department of Motor Vehicles. The PPTA Steering Committee is chaired by the Commonwealth Transportation Commissioner. relevant Agency and a non-agency public financial expert member. The Secretary of Transportation will assign appropriate members to the PPTA Steering Committee according to the specific characteristics of each project being considered for development under the PPTA. 
The PPTA Steering Committee will meet on an as -needed basis and will be briefed by the OTP3Agency Administrator and the VAP3 Director. 
The PPTA Steering Committee has the following primary functions: 
1. Based on the results of the OTP3’s screening analysisVAP3’s Detail-Level Screening Report, the PPTA Steering Committee will determine which projects will move forward asmake a PPTA and in which priority (short, medium or long-term priorities); 
2. Provide a policy recommendation to the Secretary of Transportation as to on whether an Unsolicited Proposal will move forward as a PPTA based on the policy review performed by the OTP3, and comments received from Affected Jurisdictions and/or the general public; 
3. Review the recommendation of the OTP3 for evaluation of the Statements of Qualification and/or Proposals associated with a particular PPTA a project to determine which Respondents should advance to the Request for Proposals P3 project development stage or whether to proceed with a conditional award to the Preferred Proposer; and 
4. Provide high-level policy and procurement guidance to the OTP3 on an as-needed basis. 
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. The PPTA Steering Committee may consult with resident experts and external advisors on an as- needed basis with respect to technical, financial or legal aspects of a candidate PPTA project or Proposal. 
3.4 COMMONWEALTH TRANSPORTATION COMMISSIONER 
The Commissioner of Highways serves as the Chairman of the PPTA Steering Committee and provides oversight, guidance, and direction with respect to activities of the PPTA Steering Committee. Additionally the Commissioner has the legal authority to make decisions on commercial and contractual issues related to the PPTA projects within the Virginia Department of Transportation. Decisions on commercial and contractual issues on PPTA projects related to other Agencies are the legal responsibility of the respective Agency Administrator. 
3.5 OVERSIGHT BOARDS 
PPTA projects across multiple modes will 
PPTA Steering Committee meetings will be open to the public. A notice of upcoming PPTA Steering Committee meetings will be posted on the VAP3 website – www.P3virginia.org 30 days prior to the meeting. Decisions of the PPTA Steering Committee will be posted to the VAP3 website. 
2.4.4 Oversight Boards 
Multimodal P3 projects may rely on direction from various oversight boards. TheOversight Boards. For example, the Commonwealth Transportation Board (CTB) serves as the oversight boardOversight Board for the Virginia Department of Transportation and the Department of Rail and Public Transportation. The, the Virginia Aviation Board (VAB) serves as the oversight board Oversight Board for the Department of Aviation and, the Virginia Port Authority Board of Commissioners (VPAB) serves as the oversight boardOversight Board for the Virginia Port Authority. The and the Commercial Space Flight Authority Board of Directors serves as the oversight boardOversight Board for the Virginia Commercial Space Flight Authority. 
The OTP3VAP3 Director will work collaboratively with the Agency Administrator to keep the respective oversight boardOversight Board informed regarding the status of the PPTAa P3 project and major milestones. as shown in Figure 1. 
2.5 P3 PROJECT DELIVERY FRAMEWORK 
The Framework (see Figure 1) is intended to streamline and standardize the P3 process in order to enhance the delivery of transportation infrastructure projects within the Commonwealth. It was developed to capture the processes and decision points inherent in a P3 project development lifecycle for both Solicited Projects and Unsolicited Proposals, namely project identification, project screening and prioritization, project development, project procurement, and contract award. 
Guidance: A detailed map of each action and decision point within the Framework can be found in Appendix C of this Manual and Guidelines. 
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2.6 PUBLIC PARTICIPATION 
Numerous opportunities exist for public involvement at different times during planning, identification, development, procurement and implementation of transportation projects. Each Agency will have specific public involvement guidance related to their sector of transportation. Below is a general description of opportunities for involvement in roadway and rail/transit projects. 
The general public, elected officials, localities, regional transportation authorities and regional planning organizations (i.e., Planning District Commissions (PDCs) and Metropolitan Planning Organizations (MPOs)), have numerous opportunities during the traditional planning process to influence the identification of transportation needs and recommendations for improvements. The development of long- range transportation system plans provides initial opportunities for public and interagency input, including review and comment on draft transportation plans. Typical plans include, but are not limited to local government comprehensive plans, PDC rural long-range plans, MPO Constrained Long-Range Plans, VTrans and the Virginia Surface Transportation Plan. 
For Unsolicited Proposals in accordance with § 33.2-1820 of the Code of Virginia, the relevant Agency is required to post a notice when they accept an Unsolicited Proposal under the PPTA and allow a 120-day submission period for competing Proposals. The notice will include information on the Proposal and the public comment opportunities. The public will have the opportunity to provide comments on a continuous basis by making use of the VAP3 website. The relevant Agency will post the major business points of the agreement and outline how the public can submit comments. 
4 FOR ALL PROJECTS REQUIRING FEDERAL ACTION, THE RELEVANT AGENCY INITIATES AND COMPLETES AN ENVIRONMENTAL DOCUMENT IN ACCORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA), PRIOR TO INVITING PROPOSALS FOR PROJECTS. AT THIS POINT, THE PURPOSE AND NEED FOR THE PROJECT HAVE BEEN WELL-ESTABLISHED, ALTERNATIVE DESIGN CONCEPTS AND SCOPES HAVE BEEN ANALYZED, AND OPERATIONAL FEATURES ARE IDENTIFIED. THE CONCEPTS AND ANALYSES ARE SUBMITTED TO THE PUBLIC AND VARIOUS OTHER STAKEHOLDERS FOR REVIEW AND COMMENT, AND, ULTIMATELY, A PREFERRED ALTERNATIVE IS SELECTED AND A DETERMINATION SUCH AS A CATEGORICAL
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EXCLUSION (CE), FINDING OF NO SIGNIFICANT IMPACT (FONSI), OR RECORD OF DECISION (ROD) IS ISSUED BY THE APPROPRIATE LEAD FEDERAL AGENCY.
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PROJECT IDENTIFICATION 
Project IdentificationProject ProcurementProject Screening and PrioritizationProject Development 
On a bi-annual basis, the VAP3 also updates the P3 project pipeline document to identify potential candidate projects and conceptual projects. During the development and review of the draft P3 project pipeline document there are several opportunities for public involvement and feedback. 
The first opportunity occurs when the draft Virginia P3 project pipeline is released and comments and feedback are welcomed within a 30-day period. Within two weeks of releasing the draft pipeline, the VAP3 will host a webinar open to the public and industry to discuss the draft pipeline in detail. The webinar provides a forum for questions and answers. The pipeline is finalized, taking into consideration the feedback received from stakeholders, at the end of the 30-day comment period and posted to the VAP3 website. 
2.7 FUNDING FOR P3 PROJECT DEVELOPMENT 
The VAP3 will fund the work to advance candidate Solicited Projects and Unsolicited Proposals to the end of the project screening phase. If the Agency Administrator elects to advance the project as a P3 after the detail-level screening, the relevant Agency will then be responsible for identifying and securing the funding necessary to support the project development (i.e., preliminary engineering and studies) and procurement phase activities, as well as any public funding contribution required. The VAP3 Director will coordinate with the Agency Administrator to ensure that the Agency identifies and plans for funding needs in a timely manner to allow Qualifying Transportation Facilities to move efficiently through the Framework.
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3 PROJECT IDENTIFICATION 
Project identification is the first phase of the PPTA Framework. As mentioned in Chapter 2 Organizational Structure and Reporting, the OTP3VAP3 and the Agency’s relevant planning divisions are responsible for managing the project identification process. 
There are two primary sources from which P3 candidate transportation projects can beare identified for consideration as PPTA candidate projects:from two primary sources. 
 Solicited Projects: 
The planning staffs across all transportation agenciesAgencies, offices and Metropolitan Planning OrganizationsMPOs are encouraged to identify projects for PPTA consideration. Planning staffs should review the High-Level Screening Criteriahigh-level screening criteria discussed in Chapter 43 Project Screening and Prioritization as they consider suitable PPTAP3 candidate or conceptual projects. On a bi-annual basis, the VAP3 also updates the P3 project pipeline document to identify potential candidate projects. and conceptual projects. 
 Unsolicited Proposals: 
Unsolicited Proposals are submitted by privatePrivate entities will be considered as unsolicited projects. 
The specific steps to be followed for each of the two sources are outlined in more detail below. 
3.1 SOLICITED PROJECTS 
Comprehensive transportation planning is carried out at the state, regional, local and municipal levels throughout the year by the Commonwealth’s transportation agenciesAgencies and offices that have the legal authority to develop and/or operate Qualifying Transportation Facilities. Examples of sources for candidate PPTAP3 projects may include, but are not limited to, the various planning documents and entities listed below: in Table 1. 
Table 1 
Guidance: Potential Sources of Solicited Candidate PPTA ProjectsP3 projects 
PPTA Priority of the GovernorCommonwealth – priority transportation projects critical to safeguarding the Commonwealth’s long-term economic competitiveness, environment, safety and security, and improving mobility and overall quality of life for Virginians. 
Six-Year Improvement Program (SYIP) – a program managed by the Commonwealth Transportation BoardCTB for allocating funding for rail, public transportation, commuter assistance, bicycle, pedestrian, interstate and primary highway transportation projects in future years. 
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Guidance: Potential Sources of Solicited Candidate PPTA ProjectsP3 projects 
Legislative Mandate – any legislation passed by the General Assembly requiring the OTP3VAP3 to consider improvements to a transportation facility under the PPTA ProgramP3 program. 
Virginia Multimodal Long-Range Transportation Plan (VTrans2035) – provides an overall framework and facilitates development of policy for identifying and integrating transportation needs, allowing the Commonwealth’s investments to be prioritized based on defined Commonwealth transportation goals. 
Virginia Surface Transportation Plan – provides information for potential long-term transportation project development and investment based on the goals identified in Virginia’s statewide multimodal transportation policy plan. 
Virginia Port Authority Master Plan – focuses on the capital projects and investments needed to develop and maintain terminal capacity in order to continue to generate and increase economic benefits for Virginia. 
Six-Year Airport Capital Improvement Plan – identifies and prioritizes planning and engineering projects that focus on airport facility development over a six-year period and provides cost estimates, anticipated sources of funding and justifications for project implementation. 
Statewide Transportation Improvement Program (STIP) – a short-range fiscal planning document that represents the first three years of the twenty-year Long Range Transportation Plan. The STIP includes safety projects, transportation enhancement, aviation projects, rail projects, bicycle and pedestrian projects and public transit projects. 
Metropolitan Planning Organization Constrained Long-Range Transportation Plan – identifies a constrained capital investment strategy to meet existing and future regional transportation needs over the next twenty years in an efficient and effective manner. 
The Agency’s and the Commonwealth’s transportation agencies that Agencies that are interested in submitting candidate projectsSolicited Projects for PPTAP3 consideration should select projects that meet PPTAP3 suitability criteria as outlined in Chapter 43 Project Screening and Prioritization. 
The OTP3VAP3 will maintain a portfolio of current candidate PPTAP3 projects and periodically perform high-level screeningscreenings, as described further belowin Chapter 3 Project Screening and Prioritization, to determine their feasibility. 
3.1.1 PPTA CANDIDATE PROJECT FORM 
To assist in determining a project’s suitability for delivery under the PPTA, the Agencies that have identified candidate projects should submit a completed PPTA Candidate Project Form to the OTP3 for each candidate project. This form can be submitted at any time pursuant to the process outlined in this Implementation Manual. Information requested in the Candidate Project Form allows the OTP3 to perform a high-level screening assessment to determine whether the candidate project should advance to the detail-level screening process. Agencies are encouraged to provide relevant supporting information/documentation for the candidate project to allow the OTP3 to conduct the high-level screening and evaluation in a timely manner. Formatted: Normal, Left, None, Don't keepwith nextFormatted TableFormatted: No underline, Font color: Background 1Formatted: Font color: AutoFormatted: Font: Not Bold, No underline, Fontcolor: AutoFormatted: Left, Space After: 12 pt
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3.2 UNSOLICITED PROPOSALS 
The PPTA permits Responsible Public EntitiesAgencies to receive and evaluate Unsolicited Proposals from privatePrivate entities to develop and/or operate Qualifying Transportation Facilities under their jurisdiction. Private entities may submit Unsolicited Proposals for all transportation modes to the OTP3 at any time, pursuant to the PPTA and this Implementation Manual. All Unsolicited Proposals should be submitted to the attention of the OTP3 Director at the following address: 
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Private entities may submit Unsolicited Proposals for all transportation modes to the Agency at any time, pursuant to the PPTA, the Code of Virginia (Title 62.1) and this Manual and Guidelines. All Unsolicited Proposals should be submitted to the Agency for forwarding to the VAP3. A copy of the Unsolicited Proposal can also be mailed to the VAP3 for the attention of the VAP3 Director at the following address. 
Virginia Office of Transportation Public-Private PartnershipPartnerships 
Suite 2120, 600 E. Main Street, Suite 2120 
Richmond, VA 23219 
In accordance with § 62.1-132.19(D) which states that “neither the Commonwealth nor the Authority (Virginia Port Authority) shall accept any unsolicited proposal under the PPTA (§ 33.2-1800 et seq.) regarding the ownership or operation of any seaport or port facility,” Unsolicited Proposals regarding the ownership and/or operation of any seaport or port facility can no longer be accepted by the Virginia Port Authority (VPA) or VAP3. 
Guidance: Requirements for Unsolicited Proposal preparation can be found in Appendix DE of this Implementation Manual and Guidelines. 
3.2.1 Proposal Review Fee 
Private entities interested in submitting an Unsolicited Proposal are required to pay a non-refundable, non-negotiable Proposal Review Fee of $50,000 at the time of submitting the Unsolicited Proposal to the OTP3Agency. The form and manner of the Proposal Review Fee payment submission shall be submitted in the form of a cashier’s check made payable todetermined and specified by the Treasurer of Virginia. Agency. Proposers submitting multiple Proposals for unrelated Qualifying Transportation Facilities will be required to submit a Proposal Review Fee for each Unsolicited Proposal submission. The fee will partially offset the cost of processing, reviewing and evaluating the Unsolicited Proposal. 
3.3 KEY ACTION ITEMS 
Project Identification Activity 
Responsible EntityResponsibility 
Targeted Timeframe 
Submit PPTA Candidate Project Form Solicited Projects - Identify projects for PPTA consideration 
Agencies and Commonwealth’s Transportation Agencies Agency Planning Staff and MPOs 
As appropriate 
Submit Unsolicited Proposal Proposals – submission by Private entities 
Private Entityentity 
As appropriate 
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Project Identification Activity 
Responsible EntityResponsibility 
Targeted Timeframe 
Review candidate Solicited Projects and Unsolicited ProposalsUpdate P3 project pipeline 
OTP3VAP3 
Bi-annually 
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5 PROJECT SCREENING AND PRIORITIZATION 
Project IdentificationProject Screening and PrioritizationProject ProcurementProject Development 
Figure 3
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PPTA Steering Committee decision- YesP3 Project ProcurementAgency DecisionComprehensive Agreement ExecutedReturned to AgencyBriefing Focus: • Major Business Points• Statutory Audit• Updated Value for Money Analysis• Updated Economic Benefits• Project Bid• Public Subsidy• Risk Component/Allocation• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • Detail-Level Screening Report• Desirability as P3• Feasibility as P3• HB 2 Prioritization• Duration of P3 development & procurement Agency Approval Draft Contract Documents posted on P3 Website for review & commentAgency Implements / VAP3 supportsSolicited P3 ProjectsAgency Decision - YesVAP3 performs High- Level Screening & Recommendation• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • RFI results• Schedule• Refresh on High Points from Project Development• Preliminary Procurement documents- IFO- Draft Comprehensive Agreement- Technical Requirements • Risk Analyses• Value for Money• Estimated Project Cost• Potential Public Subsidy• Potential Economic Benefits• Preliminary Business Points• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicSelection of Preferred OfferorNOVAP3 performs Detail- Level Screening & RecommendationFor Other Delivery ConsiderationProject Development Agency ApprovalOversight Board Oversight BoardOversight Board 
Figure 4 
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PPTA Steering Committee decision- YesProject DevelopmentP3 Project ProcurementAgency DecisionComprehensive Agreement ExecutedReturned to ProposerBriefing Focus: • Major Business Points• Statutory Audit• Updated Value for Money Analysis• Updated Economic Benefits• Project Bid• Public Subsidy• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • Detail-Level Screening Report• Desirability as P3• Feasibility as P3• HB 2 Prioritization• Duration of P3 development & procurementAgency Approval Draft Contract Documents posted on P3 Website for review & commentAgency Implements / VAP3 supportsUnsolicited P3 ProjectsDetail-Level Screening Report by VAP3 with RecommendationsAgency Decision - YesNOPolicy Review by VAP3 with Recommendations• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • RFI results• Schedule• Refresh on High Points from Project Development• Preliminary Procurement documents- IFO- Draft Comprehensive Agreement- Technical Requirements • Risk Analyses• Value for Money• Estimated Project Cost• Potential Public Subsidy• Potential Economic Benefits• Preliminary Business Points• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicSelection of Preferred OfferorOversight BoardOversight BoardOversight Board Field Code Changed
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3 PROJECT SCREENING 
The project screening phase within the PPTA Framework is designed to assist the OTP3VAP3 and the Agency in determining the suitability of delivering projects under the PPTA. The PPTAP3 project screening methodology is also a means of systematically and consistently applying evaluation criteria to Solicited Projects and Unsolicited Proposals submitted as candidates for PPTAP3 consideration. 
Project screening is organized into two phases:. 
1. Solicited Projects will go through high-level project screeninga high-level screening and Unsolicited Proposals will go through a policy review; andpolicy review 
2. Those Solicited Projects and Unsolicited Proposals that make it through step 1are recommended to advance for further consideration will go through a detail-level screening. 
4.1 HIGH-LEVEL PROJECT SCREENING/POLICY REVIEW 
The high-level project screening high-level screening and policy review representspolicy review, represent the first phasestage of the two-step screening process for Solicited Projects and Unsolicited Proposals, respectively. The steps outlined below are designed to help the OTP3VAP3 and the Agency evaluate candidate PPTAP3 projects. 
4.1.1 3.1.1 Solicited Projects - High Level Screening 
On a periodic basis, the OTP3The VAP3 will commencetake the high-level screeninglead in conducting the high-level screening of Solicited Projects submittedidentified as candidates for PPTAP3 delivery by the Agencies and the Commonwealth’s transportation agencies. 
The following diagram presents theFigure 5 below depicts steps to be taken during the high-level screening review:high-level screening. 
Figure 5 
Project IdentificationProject Screening and PrioritizationProject ProcurementProject Development 
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The OTP3 will review information provided in the PPTA Candidate Project Form and any supplemental information submitted for each candidate project against the high-level screening criteria to determine the feasibility of delivering a proposed project via the PPTA delivery method. 
The table 
Table 2 below provides guidance for the high-level project screening criteria intended to assess whether a project is a potential candidate PPTA project. The OTP3 reserves the right to revise the guidance on screening criteria as and when the Commonwealth’s transportation goals or policies changeP3 project. 
Table 2 
4.1Guidance: High-Level Project Screening Criteria 
Project Complexity 
Is the project sufficiently complex in terms of technical and/or financial requirements to effectively leverage private sector innovation and expertise? 
Accelerating Project Development 
If the required public funding is not currently available for the project, could using a PPTAP3 delivery method accelerate project delivery? 
Transportation Priorities 
Is the project consistent with the overall transportation objectives and missions of the Commonwealth and the Agency? 
Is the project consistent with priorities identified by the appropriate transportation plans and programs, such as SYIP, STIP, and MPO plans and programs? 
Does the project adequately address transportation needs? 
Project Efficiencies 
Would the PPTAP3 delivery method help foster efficiencies through the most appropriate transfer of risk over the project lifecycle? 
Is there an opportunity to bundle projects? 
Ability to Transfer Risk 
Would the PPTAP3 delivery method help transfer project risks and potential future responsibilities to the private sector on a long-term basis? 
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Va p3 2014 v 2012 version redline

  • 1. THE COMMONWEALTH OF VIRGINIA Formatted: Font color: Blue The Commonwealth of Virginia Public-Private Transportation Act of 1995 (as Amended) Style Definition: bullet1doublespace: Nobullets or numberingStyle Definition: Style2: Indent: Hanging: 0.4", Tab stops: Not at 0.31" Style Definition: Heading 9: Outlinenumbered + Level: 9 + Numbering Style: 1, 2,3, … + Start at: 1 + Alignment: Left + Alignedat: 0" + Indent at: 1.1" Style Definition: Heading 8: Outlinenumbered + Level: 8 + Numbering Style: 1, 2,3, … + Start at: 1 + Alignment: Left + Alignedat: 0" + Indent at: 1" Style Definition: Heading 7: Outlinenumbered + Level: 7 + Numbering Style: 1, 2,3, … + Start at: 1 + Alignment: Left + Alignedat: 0" + Indent at: 0.9" Style Definition: Heading 6: Outlinenumbered + Level: 6 + Numbering Style: 1, 2,3, … + Start at: 1 + Alignment: Left + Alignedat: 0" + Indent at: 0.8" Style Definition: Heading 5: Outlinenumbered + Level: 5 + Numbering Style: 1, 2,3, … + Start at: 1 + Alignment: Left + Alignedat: 0" + Indent at: 0.7" Style Definition: Heading 4: Outlinenumbered + Level: 4 + Numbering Style: 1, 2,3, … + Start at: 1 + Alignment: Left + Alignedat: 0" + Indent at: 0.6" Style Definition: Heading 3: Tab stops: Not at 0" Style Definition: Heading 2: Indent: Left: 0.38", Hanging: 0.4", Tab stops: Not at 0.31" Style Definition: Heading 1: Indent: Left: 0", Hanging: 0.3", Tab stops: Not at 0.13" Formatted: Left: 1.2", Right: 0.8", Top: (Single solid line, Auto, 2.25 pt Line width), Bottom: (Single solid line, Auto, 2.25 pt Linewidth), Left: (Single solid line, Auto, 2.25 ptLine width), Right: (Single solid line, Auto, 2.25pt Line width) Formatted: Font: 26 ptFormatted: Normal, Border: Top: (No border), Bottom: (No border), Left: (No border), Right: (No border) Formatted: Font: 20 pt
  • 2. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 1 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Implementation Manual and Guidelines May 21, 2012 Formatted: Font: 20 pt, Bold, Font color: Dark Blue Formatted: Font: 10 pt, Not Bold, Font color: Auto Formatted: Normal, Left, Border: Top: (No border), Bottom: (No border), Left: (No border), Right: (No border) Formatted: Font: 26 pt
  • 3. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 2 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left For the Public-Private Transportation Act of 1995 (as Amended) September 16, 2014
  • 4. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 3 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Document Version control Version Date Issued 1.0 October 2005 2.0 December 2008 3.0 December 2010 4.0 May 2012 5.0 September 2014
  • 5. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 4 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left PREFACE The Commonwealth of Virginia (Commonwealth) has been an international leader in the use of public- private partnerships (P3s) for the last two decades. While Virginians are able to enjoy a higher quality of transportation services and choices as a result of P3 projects, we also know a good program can always be improved. Thus, in 2014, we are focusing on strengthening three basic areas: (1) transparency; (2) competiveness; and (3) public engagement. Increasing global competition for infrastructure capital investment reinforces these needs every day. This review and revision of our PPTA Implementation Manual and Guidelines (Manual and Guidelines) and the supplementary P3 documents is a major part of that commitment. Virginia remains committed to the use of P3s where we can attract private equity, appropriately transfer risks, incorporate life-cycle costs and advance projects in a timelier manner. Among the most important changes to this Manual and Guidelines are: (1) more meaningful opportunities for public engagement and awareness, and (2) a stronger role for the Agency Oversight Boards at critical decision points. The changes in our decision-making structures and implementation processes will ensure that critical projects throughout the Commonwealth proceed with the engagement and confidence of the Virginians the projects serve. Comments and input from the public, policy and private sector stakeholders over the past several years have made this P3 Manual and Guidelines and its programmatic documents more comprehensive and pragmatic. It is our sincere desire to solicit additional comments from the public, elected officials, General Assembly members, state Agency Administrators, and the Oversight Boards that govern them. Interested and affected stakeholders will have the ability to continuously provide input and comment by making use of the Virginia Office of Public-Private Partnerships (VAP3) website – www.P3virginia.org Special thanks goes to VAP3 professionals Jackie Cromwell and Spencer Townsend, for managing the 2014 review and revision process. Thanks also go to other members of the Virginia P3 Office for thoughtful comments and feedback on the document. The Honorable Terence (Terry) R. McAuliffe Governor of the Commonwealth of Virginia The Honorable Aubrey L. Layne, Jr. Virginia Secretary of Transportation J. Douglas Koelemay Director, Virginia Office OF Public-Private Partnerships
  • 6. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 5 Formatted ... F tt d TABLE OF CONTENTS 1. INTRODUCTION............................................................................................ EXECUTIVE SUMMARY 9 1.1 PURPOSE OF THE IMPLEMENTATION MANUAL......................................................................... 1 INTR 1.2 PPTA PROGRAM OBJECTIVES...................................................................................................... 1.1 PURP 1.32 ORGANIZATION OF THE IMPLEMENTATION MANUAL AND GUIDELINES .................................................. 24 1.4 PPTA PROJECT DELIVERY FRAMEWORK ....................................................................................... 1.3 P3 PR 1.5 LEGAL FRAMEWORK – PPTA OF 1995 (AS AMENDED)..................................................................... 1.4 ORGA 1.6 FUNDING FOR PPTA PROJECT DEVELOPMENT ............................................................................... 1.5 P3 PR 1.76 PUBLIC PARTICIPATION IN TRANSPORTATION PLANNING AND PROJECT DEVELOPMENT PROCESS ......... 29 2. ORGANIZATIONAL STRUCTURE AND REPORTING ............................................................................ 1.7 FUND 2.1 ORGANIZATIONAL STRUCTURE .................................................................................................. 2 PRO 2.2 OTP3 DIRECTOR1 ................................................................................................ SOLICITED PROJECTS 32 2.3 PPTA STEERING COMMITTEE....................................................................................................... 2.2 UNSO 2.4 ................................................................ COMMONWEALTH TRANSPORTATION COMMISSIONER 3 PR 2.5 OVERSIGHT BOARDS ................................................................................................................... 3.1 HIGH 3. PROJECT IDENTIFICATION ............................................................................................................ 3.2 DETA 3.1 SOLICITED PROJECTS.................................................................................................................. 3.3 RISK 3.2 UNSOLICITED PROPOSALS............................................................................................................ 3.4 REPO 3.3 KEY ACTION ITEMS...................................................................................................................... 3.5 PROJ 4. PROJECT SCREENING AND PRIORITIZATION ................................................................................... 3.6 KEY A 4.1 HIGH-LEVEL PROJECT SCREENING/POLICY REVIEW ...............................................................4 PRO 4.2 DETAIL-LEVEL 1 ............................................................. PROJECT SCREENINGDEVELOPMENT PROCESS 54 4.3 PROJECT PRIORITIZATION PROCESS ............................................................................................. 4.2 VALU 4.4 KEY ACTION ITEMS...................................................................................................................... 4.3 RISK 5. PROJECT DEVELOPMENT ............................................................................................................. 4.4 REPO 5.1 PROJECT DEVELOPMENT PROCESS............................................................................................... 4.5 KEY Formatted... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed... Formatted... Field Code Changed... Field Code Changed... Field Code Changed... Field Code Changed...
  • 7. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 6 Formatted ... Formatted ... 5.2 VALUE-FOR-MONEY ANALYSIS (VFM) – PART I ......................................................................... 5 PRO 5.3 KEY ACTION ITEMS...................................................................................................................... 5.1 TWO- 6. PROJECT PROCUREMENT............................................................................................................. 5.2 REQU 6.1 TWO-STAGE PPTA PROCUREMENT PROCESS ............................................................................... 5.3 REQU 6.2 REQUEST FOR QUALIFICATIONS .................................................................................................... 5.4 COMP 6.3 REQUEST FOR PROPOSALS .......................................................................................................... 5.5 VALU 6.4 VALUE-FOR-MONEY (VFM) – PART II ............................................................................................ 5.6 BASIS 6.5 BASIS FOR AWARD AND SELECTION OF PREFERRED PROPOSER....................................................... 5.7 PPTA 6.6 PPTA AUDIT REQUIREMENTS....................................................................................................... 5.8 REPO 6.75.9 CONTRACT FINALIZATION AND AWARD............................................................................................ 64 6.85.10 ........................................................................................................................ POST-FINANCIAL CLOSE 65 6.95.11 ................................................................................................................................ KEY ACTION ITEMS 65 7. TIMELINES AND MILESTONES ..................................................................................................... 6 APPE 7.1 ................................................................................................................ PROJECT IDENTIFICATION APPE 7.2 ....................................................................................................................... PROJECT SCREENING APPE 7.3 ............................................................................................. PRIORITIZATION OF PPTA PROJECTS APPE 7.4 ................................................................................................................. PROJECT DEVELOPMENT APPE 7.5 ................................................................................................................ PROJECT PROCUREMENT APPE 7.6 ............................................................................................................ PROJECT IMPLEMENTATION APPE APPENDIX AH...................................................................................................................................... 95 APPENDIX BI ....................................................................................................................................... 98 APPENDIX CAPPENDIX J.................................................................................................................... 99 APPENDIX DAPPENDIX K ................................................................................................................. 104 APPENDIX E ........................................................................................................................................ 90 APPENDIX F......................................................................................................................................... 93 APPENDIX G ........................................................................................................................................ 95 APPENDIX H ........................................................................................................................................ 98 Formatted... 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  • 8. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 7 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left
  • 9. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 8 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 1.
  • 10. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 9 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left EXECUTIVE SUMMARY The 2014 Virginia PPTA Implementation Manual and Guidelines (Manual and Guidelines) intends to provide an updated project delivery framework which actively identifies, evaluates, develops and delivers Virginia’s public-private partnership (P3) transportation projects in a consistent, transparent, timely and cost effective manner. This is the responsibility of the Virginia Office of P3s (VAP3 - formerly known as the Office of Transportation Public-Private Transportation (OTP3)) and is accomplished using the 1995 (as amended) Public-Private Transportation Act (PPTA). The Virginia P3 program’s objectives and overall goals are: • Create investment opportunities, which increase the quality of transportation services in Virginia • Administer a fair and competitive project development and procurement process that encourages innovation, private sector investment and creates long-term value for the Commonwealth of Virginia (Commonwealth) • Achieve cost efficiencies throughout the life of a project using appropriate transfer of risk • Establish reliable and uniform processes and procedures to encourage private sector investment • Facilitate timely delivery of P3 projects within established laws and regulations • Promote transparency and accountability coupled with informed and timely decision making The Virginia P3 project delivery framework (Framework), shown in Figure 1, streamlines and standardizes the process to enhance delivery of transportation projects in the Commonwealth. It is designed to demonstrate the processes, multiple decision points, points of transparency and public involvement, and competitive nature of the procurement. Ultimately, these objectives result in the Commonwealth receiving the Best Value. The revised Manual and Guidelines is organized into chapters that provide details on the P3 processes within the Framework and address roles and responsibilities for both Solicited Projects (i.e., projects initiated by the Commonwealth) and Unsolicited Proposals (i.e. proposals submitted by the private sector for consideration). Chapter 1 is an Introduction to the Manual and Guidelines, P3 program objectives, organizational structure of the Manual and Guidelines, and the Framework. This chapter discusses information regarding the organizational and reporting structure of the VAP3, as well as describes the roles of the VAP3 Director, the PPTA Steering Committee, the Agency Administrator, and the various transportation agencies Oversight Boards. Funding mechanisms, public involvement opportunities and P3 program initiatives for P3 projects are also discussed. Chapter 2 describes project identification for potential P3 projects. It outlines project identification process steps for both Solicited Projects and Unsolicited Proposals. This chapter also highlights the standard transportation planning documents, plans and processes where potential P3 projects
  • 11. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 10 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left originate (e.g. Metropolitan Planning Organization Long-Range Transportation Plan). During these processes, stakeholders including the public and elected officials’ comments and feedback are sought out by the Agency Administrator and the VAP3. Chapter 3 contains information on project screening for potential P3 projects. This chapter includes information on the High-Level Screening Report performed for potential Solicited Projects and the Policy Review for Unsolicited Proposals. Both types of screenings consider several key criteria. This chapter also describes the detail-level screening process which considers feasibility, desirability, and prioritization (priority within the Commonwealth as well as a potential schedule for development and procurement) of the potential P3 project. For advancement to the detail-level screening, both high-level screenings and policy reviews require approval from the Agency Administrator (see Figure 1). The detail-level screening criteria form the basis on which the VAP3 and the Agency Administrator recommend to the PPTA Steering Committee whether a project would bring value by procuring as a P3 project The PPTA Steering Committee, which is composed of the Deputy Secretary of Transportation, Oversight Board members, an agency financial representative and a non-agency financial representative, reviews the detail-level screening Report and recommendations from the VAP3 Director and Agency Administrator. The information in the detail-level screening Report enables the PPTA Steering Committee to make a recommendation concerning advancement of the project to the P3 project development phase. If the PPTA Steering Committee recommends that the project be advanced to the P3 project development phase, then the VAP3 Director and the Agency Administrator will brief the appropriate Oversight Board and seek approval to advance the project to the P3 project development phase. The Agencies, Affected Locality, and appropriate General Assembly members are notified of the decision of the Oversight Board. The detail-level screening Report, PPTA Steering Committee decision and the Oversight Board decision are posted on the VAP3 website for public awareness and comment. Chapter 4 describes the P3 project development phase, which prepares the project for procurement. During the project development process activities related to the refining of the project scope are carried out. These activities include, where appropriate,: release of a Request for Information (RFI); development of an initial schedule for project delivery; drafting of preliminary procurement documents; activities related to risk management for the project; commissioning an initial Value for Money study for the project; develop an initial estimation of the project cost; establishing an initial estimate of the public subsidy (if required) for the project; establishing the potential economic benefits of the project; and establishing the project’s preliminary business points. At numerous designated points throughout the P3 project development phase, stakeholders (e.g., general public, elected officials) have the opportunity to provide comments and receive information about the various analyses underway. At the conclusion of the P3 project development phase, the appropriate Oversight Board reviews the recommendations prepared by the VAP3 Director and the Agency Administrator based on the project development activities to determine whether the project should continue to the procurement process. The decision of the Oversight Board is posted on the VAP3 website for public awareness and feedback. Appropriate members of the General Assembly, Affected Localities and other stakeholders are briefed regarding the details. Chapter 5 describes the P3 project procurement phase, which includes issuing a Request for Qualifications (RFQ), short-listing qualified respondents and issuing a Request for Proposals (RFP). The project procurement process results in the selection of a Preferred Proposer. The basis for
  • 12. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 11 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left award and selection of Preferred Proposers is described in detail in this chapter. Once a Preferred Proposer has been identified and selected, the VAP3 Director and the Agency Administrator brief the appropriate Oversight Board. The briefing focuses on: the final major business points for the project; the results of the statutory audit; the updated Value for Money analysis; the updated economic benefits; the results of the competitive bid; an update of the public subsidy required for the project; and an updated report on the management of risk related to the project. The appropriate Oversight Board must affirmatively instruct the Agency Administrator to execute a Comprehensive Agreement. The briefing report and Oversight Board decision is posted on the VAP3 website. Appropriate members of the General Assembly and other stakeholders will be briefed regarding the details.
  • 13. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 12 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Figure 1 Formatted: Left, Line spacing: single, Allowhanging punctuation, Adjust space betweenLatin and Asian text, Adjust space betweenAsian text and numbers, Font Alignment: Auto
  • 14. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 13 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left PPTA Steering Committee Project DevelopmentAgencyComprehensive Agreement ExecutedReturned to Agency or ProposerAgency Implements / VAP3 supportsUnsolicited P3 ProjectsDetail-Level Screening with RecommendationsPolicy Review with RecommendationsSolicited P3 ProjectsP3 Project ProcurementSelection of Preferred ProposerBriefing Focus: ‒ Major Business Points ‒ Statutory Audit ‒ Updated Value-for-Money ‒ Updated economic benefits ‒ Project bid ‒ Public subsidyBriefing Focus: ‒ Detail-Level Screening Report ‒ Desirability as P3 ‒ Feasibility as P3 ‒ HB 2 Prioritization ‒ Duration of P3 development and procurementDraft Contract Documents posted on P3 Website for review & commentAgency Oversight Board* Oversight Board* Oversight Board* Briefing Focus: ‒ RFI results ‒ Schedule ‒ Refresh on the high points from Project Development ‒ Preliminary Procurement documents ‒ Risk Analysis and Value-for-Money ‒ Estimated project cost ‒ Potential public subsidy ‒ Potential economic benefits ‒ Preliminary Business PointsAgencyNOHigh-Level Screening with RecommendationsFinal Contract Documents posted on P3 Website *Parties to be notified and briefed upon request after the Oversight Board decision: ‒ Chairs of General Assembly Subcommittees ‒ MPO’s ‒ Interested members of General Assembly ‒ Special interest groups ‒ Regulatory Agencies ‒ PublicNONONO Formatted: Left, Indent: First line: 0", SpaceAfter: 12 ptFormatted: Font: Bold
  • 15. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 14 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 1 INTRODUCTION 2 INTRODUCTION The Public-Private Transportation Act of 1995, as amended (PPTA)), is the legislative framework enabling the Commonwealth of Virginia (Commonwealth), local governments, and certain other public entities as defined in the PPTA, to enter intothe public private partnership (P3) agreements authorizing private entities to develop and/or operate Qualifying Transportation Facilities. This chapter describes the purpose and organization of the PPTA Implementation Manual and Guidelines, summarizes the commonwealth’s objectives for the PPTA Program, presents the PPTA Project Delivery Framework within which the policies and procedures of the PPTA Program will be followed, presents the commercial and legal framework within which the PPTA Program operates, and addresses the funding mechanism for the OTP3 of Transportation Public-Private Partnerships (OTP3(P3 projects). Defined terms capitalized in this document are available in the PPTA Guidance - Definitions. 2.1 PURPOSE OF THE IMPLEMENTATION MANUAL In March 2010, the Secretary of Transportation conducted a programmatic review of the commonwealth’s PPTACommonwealth’s P3 program. The review identified several opportunities for program improvement, including revising the then existing PPTA Implementation Guidelines. This updated PPTA Implementation Manual and Guidelines (Implementation Manual and Guidelines) replaces the earlier PPTA Implementation Guidelines (dated December 10, 2010)versions and shall constitute the guidelines required by the PPTA as set forth in § 33.2-1803 (formerly§ 56-560) of the Code of Virginia. For previous versions of the documents, refer to the Virginia Office of P3’s (VAP3 - formerly known as the Office of Transportation Public-Private Transportation (OTP3)) website – www.P3virginia.org.The Manual and Guidelines is updated periodically at the discretion of the VAP3 Director, to reflect changes in legislation, policies, procedures and industry practice. The most recent version was updated in 2012. The Commonwealth Transportation Board (CTB) specifically instructed the VAP3 and the Virginia Department of Transportation (VDOT) in a May 14, 2014 resolution to review the 2012 Manual and Guidelines to include more direct Oversight Board involvement, enhance public involvement, transparency and the competitiveness of the P3 process, and provide better identification and management of project risks. This chapter describes the purpose and organization of the Manual and Guidelines, summarizes the Commonwealth’s objectives for the P3 program and presents the P3 Project delivery framework (Framework) of the program. The chapter also describes the VAP3’s organizational structure and reporting, public participation opportunities within the Framework and addresses the funding mechanism for the VAP3. In the remainder of the Manual and Guidelines, the term PPTA will refer to the legislative act. When referring to projects in the Manual and Guidelines, the more general industry term of P3’s is used. 2.1 PURPOSE OF THE IMPLEMENTATION MANUAL PROVIDES GUIDANCEAND GUIDELINES The Manual and Guidelines provide direction regarding PPTAP3 project development and implementation for both Solicited PPTA projectsProjects and Unsolicited Proposals across all modes of transportation, Formatted: Font: Arial, Font color: AutoFormatted: Font color: AutoFormatted: Font: Arial, Font color: AutoFormatted: Font color: Auto
  • 16. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 15 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left including multimodal and intermodal projects. The Implementation Manual and Guidelines outlines PPTAP3 processes that are intended to be consistent, transparent, and stable, while encouraging private sector innovation and investment to address the transportation needs of the commonwealth. The Secretary of Transportation adopts this Implementation Manual for use by the commonwealth’s transportation agencies, including the Department of Transportation, the Virginia Port Authority, the Department of Rail and Public Transportation, the Department of Aviation, the Virginia Commercial Space Flight Authority, and the Department of Motor Vehicles (each referred to generally herein as the “Agency” and considered the Responsible Public Entity, as such term is defined in the PPTA), as well as private entities that are interested in submitting Proposals for PPTA projects. The guidelines and processes included in this Implementation Manual may be used by other Responsible Public Entities, including local governments and transportation authorities, if adopted in accordance with the applicable laws and regulations of the authority having jurisdiction over the project.Commonwealth. The Secretary of Transportation recognizes that each PPTA project is unique and that certain elements set forth in this Implementation Manual may not apply in all circumstances or may be subject to change in certain circumstances. Therefore, the Agency Administrator retains the flexibility to modify the procurement and implementation processes set forth herein to address the specific needs of a particular PPTA project as necessary. Any failure by the Secretary of Transportation, the OTP3, or the Agency Administrator to follow the processes set forth in this Implementation Manual shall not give recourse to any individual or entity for such failure. The Implementation Manual may be periodically revised or updated in order to meet the mission of the Secretary of Transportation and the objectives of the PPTA Program. Revisions can be made at the direction of the OTP3 Director, in consultation with the PPTA Steering Committee, and as approved by the Secretary of Transportation. The Implementation Manual does not modify or override requirements of the PPTA legislation, and the PPTA shall govern in the event of any conflicts between the PPTA and this Implementation Manual. The processes and requirements included in this Implementation Manual will not apply retroactively to PPTA projects for which either an Interim Agreement or Comprehensive Agreement has been entered into by the Agency as of the date of issuance of this Implementation Manual. 2.2 PPTA PROGRAM OBJECTIVES The PPTA Project Delivery Framework reflects the objectives of the PPTA Program. To ensure that PPTA projects are consistent with the commonwealth’s transportation goals of improving safety and security; reducing congestion; system maintenance and preservation; mobility, connectivity, and accessibility; environmental stewardship; economic vitality; and coordination of transportation and land use and program delivery, the Secretary of Transportation has established the following objectives for the PPTA Program: • Facilitate timely delivery of PPTA projects, within established laws and regulations; • Develop multimodal and intermodal solutions that are consistent with state, regional and local transportation policies, plans and programs; • Encourage competition for innovation and private sector investment to create Value-for-Money for the commonwealth; • Promote transparency and accountability, coupled with informed and timely decision making; • Establish reliable and uniform processes and procedures to encourage private sector investment;
  • 17. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 16 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left • Seek efficiencies by standardizing processes; • Foster efficient management of commonwealth financial and organizational resources; • Achieve lifecycle cost efficiencies through appropriate risk transfer; and • Promote economic growth and job creation. 2.3 ORGANIZATION OF THE IMPLEMENTATION MANUAL This Implementation Manual is organized into the following chapters that specifically address the roles and responsibilities of the OTP3 and each element of the PPTA Project Delivery Framework. These chapters include: 2. Organizational Structure and Reporting, 3. Project Identification, 4. Project Screening, 5. Project Development, 6. Project Procurement, and 7. Timelines and Milestones. Supporting information is provided in Appendices A through H as well as PPTA Guidance - Definitions. Blue boxes located throughout the body of the document provide high-level guidance regarding the intent of the process. The Appendices contain additional detailed guidance on the more complicated parts of the process.The PPTA requires that Responsible Public Entities (RPEs) develop and/or adopt Diagrams illustrating the steps in the process are provided and key decision points are highlighted. At the end of each of these chapters are a summary of key action items and the list of entities responsible for each item. 2.4 PPTA PROJECT DELIVERY FRAMEWORK The PPTA Project Delivery Framework (PPTA Framework) is intended to streamline and standardize the PPTA process in order to enhance the delivery of transportation infrastructure projects within the commonwealth. It was developed to capture the processes and decision points inherent in a PPTA project development lifecycle for both Solicited Projects (i.e., projects initiated by the commonwealth) and Unsolicited Proposals, namely, project identification, project screening, project prioritization, project development, project procurement, and contract management. Guidance: A detailed map of each action and decision point within the PPTA Framework can be found in Appendix B of this Implementation Manual. Formatted: Left, Line spacing: single, Allowhanging punctuation, Adjust space betweenLatin and Asian text, Adjust space betweenAsian text and numbers, Font Alignment: Auto
  • 18. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 17 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left PPTA Steering Committee Project DevelopmentAgencyComprehensive Agreement ExecutedReturned to Agency or ProposerAgency Implements / VAP3 supportsUnsolicited P3 ProjectsDetail-Level Screening with RecommendationsPolicy Review with RecommendationsSolicited P3 ProjectsP3 Project ProcurementSelection of Preferred ProposerBriefing Focus: ‒ Major Business Points ‒ Statutory Audit ‒ Updated Value-for-Money ‒ Updated economic benefits ‒ Project bid ‒ Public subsidyBriefing Focus: ‒ Detail-Level Screening Report ‒ Desirability as P3 ‒ Feasibility as P3 ‒ HB 2 Prioritization ‒ Duration of P3 development and procurementDraft Contract Documents posted on P3 Website for review & commentAgency Oversight Board* Oversight Board* Oversight Board* Briefing Focus: ‒ RFI results ‒ Schedule ‒ Refresh on the high points from Project Development ‒ Preliminary Procurement documents ‒ Risk Analysis and Value-for-Money ‒ Estimated project cost ‒ Potential public subsidy ‒ Potential economic benefits ‒ Preliminary Business PointsAgencyNOHigh-Level Screening with RecommendationsFinal Contract Documents posted on P3 Website *Parties to be notified and briefed upon request after the Oversight Board decision: ‒ Chairs of General Assembly Subcommittees ‒ MPO’s ‒ Interested members of General Assembly ‒ Special interest groups ‒ Regulatory Agencies ‒ PublicNONONO Formatted: Left, Indent: First line: 0", SpaceAfter: 12 ptFormatted: Font: Bold
  • 19. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 18 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 2.5 LEGAL FRAMEWORK – PPTA OF 1995 (AS AMENDED) The Public-Private Transportation Act of 1995 (§§ 56-556 to 575 of the Code of Virginia), as amended, is intended, among other things, to encourage investment in the commonwealth by private entities in order to facilitate the development and/or operation of Qualifying Transportation Facilities. The PPTA provides flexibility in contracting to public and private entities for the provision of public services, which includes developing financing methods, including user fees and service payment mechanisms, combining private financing with public funds/financing and issuing debt, equity or other financial securities. The PPTA allows both Solicited Projects and Unsolicited Proposals. A Responsible Public Entity may solicit Proposals from private entities for the development and/or operation of transportation facilities. Alternatively, any private entity seeking authorization to develop and/or operate a Qualifying Transportation Facility may submit an Unsolicited Proposal to the Responsible Public Entity as described in more detail in Chapter 3 Project Identification. Furthermore, the PPTA requires that the Responsible Public Entity develop guidelines that establish the process for the acceptance and review of both Solicited Projects and Unsolicited Proposals from a private entity. The PPTA requires that thethese guidelines establish a specific schedule for review of a Proposalproject or proposal by the Responsible Public Entity,Agency. It also requires a process for alteration of that schedule by the Responsible Public EntityAgency if it deems that changes are necessary because of the scope or complexity of Proposalsprojects or proposals it receives and the type and amount of information that is necessary for adequate review of Proposals in each stage of review. For Qualifying Transportation Facilities that have approved or pending state and federal environmental clearances, secured significant right of way, have previously allocated significant state or federal funding, or exhibit other circumstances that could reasonably reduce the amount of time to develop and/or operate the Qualifying Transportation Facility in accordance with the PPTA, the OTP3 will coordinate a prioritized documentation, review, and selection process.projects or proposals in each stage of review. 2.5.1 Contractual Framework Pursuant to the PPTA, a Comprehensive Agreement between the private entity and the Responsible Public Entity governs the delivery and operation of the Qualifying Transportation Facility. Pursuant to §56-566 of the Code of Virginia, the Comprehensive Agreement establishes the duties of the private entity and may contain such other terms and conditions that the Responsible Public Entity determines serve the public purpose of the PPTA. The Comprehensive Agreement requires, as appropriate, that the private entity provide for certain performance and payment security, project insurance and reimbursement to the Responsible Public Entity for its services. In addition, the Comprehensive Agreement provides for, as appropriate, the establishment of user fees in respect of the project, contributions of public funding to the project, terms of distribution of earnings of the private entity, certain rights of review, inspection and audit in favor of the Responsible Public Entity and provisions concerning notice of default and cure rights for the benefit of other private entities, such as lenders, that are providing financing for the Qualifying Transportation Facility. The Comprehensive Agreement may also contain such other lawful terms and conditions to which the private entity and the Responsible Public Entity mutually agree. The Agency recognizes that the development of commercial terms is a fluid, bi-lateral process governed by considerations of public policy and market terms. While maintaining flexibility in structuring Comprehensive Agreements, the Agency will generally seek to follow and benefit from national and Formatted: Font: 10 pt, Font color: Auto, NotSmall caps
  • 20. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 19 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left international precedents, including prior PPTA projects. In certain circumstances, the Agency may elect to enter into an Interim Agreement with one or more private entities to pre-develop certain aspects of a particular project. Guidance: Appendix C summarizes an approach to developing commercial terms based on the principles adopted by the commonwealth for entering into Comprehensive Agreements with private entities to develop and/or operate Qualifying Transportation Facilities. 1.5.2.Conflicts of Interest and Other Considerations The Office of the Secretary of Transportation realizes that conflicts of interest may be encountered during PPTA project delivery. The Secretary of Transportation intends for each agency to assume a proactive stance with regard to actual, potential or perceived conflicts. To assure transparency, accountability, and objectivity, any Proposal submitted to the OTP3 pursuant to the PPTA will follow the state and federal laws, regulations and guidelines regarding potential organizational conflicts of interest. Such requirement will extend to external advisors, consultants and staff. Examples of such federal laws, regulations and guidelines are 23 CFR § 636.116, 23 CFR § 771, 48 CFR § 9.5, the Committee on Foreign Investment in the United States (CFIUS) processes, and § 2.2-4373 of the Code of Virginia. To protect the integrity, fairness and competitive spirit of the procurement process for PPTA projects, each Proposer is required to agree to limit all communications within the Executive Branch regarding their Proposals, including all advocacy efforts, to the individuals or entities designated by the OTP3 Director and coordinate any such communications through the OTP3. Any requirements and restrictions related to communications will be specified in the procurement documents for a particular PPTA project. The OTP3 Director, in consultation with the Office of the Attorney General, the Agency Administrator and other state, local and federal agencies, as appropriate, will determine on a case-by-case basis whether organizational conflicts of interest exist and what actions may be appropriate to avoid or mitigate any actual, potential or perceived conflict. Agency Administrators can present this Manual and Guidelines to their Oversight Board for adoption and use. Thus the processes outlined in this Manual and Guidelines may be used by other Responsible Public Entities (RPE’s), including local governments and transportation authorities, if adopted in accordance with the PPTA and regulations of the authority having jurisdiction over the project. This Manual and Guidelines can be used by private entities interested in submitting Proposals for P3 projects. 1.5.3.Each P3 project is unique and certain elements set forth in this Manual and Guidelines may not apply in all circumstances or may be subject to change in certain circumstances. Therefore, the VAP3 Director, in Virginia Freedom of Information Act All Proposals submitted by private entities to the OTP3 pursuant to the PPTA become the property of the OTP3 and are subject to disclosure pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia; VFOIA). Private entities either proposing projects or responding to solicitation requests issued by the OTP3 or a Responsible Public Entity are advised to familiarize themselves with the VFOIA provisions to ensure that they are taking the necessary steps to protect documents identified as confidential or proprietary from disclosure pursuant to the VFOIA. The OTP3 Director, in consultation with the Office of the Attorney General, the Agency Administrator and other state, local and federal agencies, as appropriate, will determine whether the requested materials are exempt from disclosure under applicable law and, if appropriate, the scope of such protection. In the Formatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Font color: Auto, NotSmall capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: Font: 10 pt, Font color: Auto, NotSmall caps
  • 21. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 20 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left event that the OTP3 elects to disclose the requested materials, it will provide the Proposer notice of its intent to disclose. In no event shall the commonwealth, the Secretary of Transportation, the OTP3 Director or the Agency Administrator be liable to a Proposer for the disclosure of all or a portion of a Proposal submitted to the OTP3 pursuant to the PPTA and guidelines included in this Implementation Manual. In order to assert that any material submitted by a private entity should be deemed confidential and proprietary information, a private entity may wish to consider the following options prior to submitting their Proposal: 1. Submit a written request to the OTP3 Director identifying the data or other materials for which protection from disclosure is sought and the reasons why such protection is necessary; 2. Upon request by the OTP3 Director, make oral presentation to the OTP3 and legal counsel; 3. Receive written notification from the OTP3 Director accepting or rejecting a confidentiality request; and 4. Conduct similar processes with Affected Jurisdictions. Failure to take such precautions prior to the submission of a Proposal may subject all information to disclosure under the VFOIA. Sections 2.2-3705.6 and 56-573.1:1 of the Code of Virginia outlines the application of the VFOIA to the PPTA process: • Once a Comprehensive Agreement has been entered into and the process of negotiating all phases or aspects of the Comprehensive Agreement is complete, the OTP3, in coordination with the Agency Administrator, will make procurement records available in accordance with § 2.2-4342 of the Code of Virginia; • Procurement records shall not be interpreted to include proprietary, commercial or financial information, balance sheets, financial statements or trade secrets that may be provided by the private entity as evidence of its qualifications; and • Certain confidential and proprietary information, and related records, may remain confidential if the financial interests of the commonwealth, the Agency or the private entity would be adversely affected. Where interpretation of these statutes is required, the policy goals of transparency and accountability in this Implementation Manual shall prevail. Additional information regarding the VFOIA can be found in § 2.2-3700 of the Code of Virginia. 1.5.4.Applicability of Laws The Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia; VPPA) does not apply to the PPTA, except to the extent specified in § 56-573.1 of the Code of Virginia. Additionally, in soliciting or reviewing project Proposals under the PPTA, the commonwealth’s transportation agencies and offices, including the OTP3, shall comply with applicable federal, state and local laws. Likewise, in submitting Proposals and in developing or operating Qualifying Transportation Facilities pursuant to the PPTA, private entities shall comply with applicable federal, state and local laws. Such laws may include, but not Formatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Font color: Auto, NotSmall caps
  • 22. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 21 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left necessarily be limited to, requirements for workers’ compensation insurance coverage, compliance with prompt payment, compliance with ethics in public contracting and compliance with environmental laws, workplace safety laws, and state or local laws governing contractor or trade licensing, codes and permit requirements. 1.5.5.Pledge of Confidentiality Each member of the OTP3 and the Agency that is associated with developing, reviewing or selecting submitted project Proposals has access to proprietary and confidential information. Any misuse by employees or representatives of the Agency of such information or other materials, information and data provided to the Agency by a Proposer is strictly prohibited. The OTP3 will institute proper safeguards concerning Proposal security for each PPTA project, including where materials will be stored, who can have access to them and under what circumstances. Anyone assisting in the evaluation of the Proposals will be required to execute confidentiality/non-disclosure and conflict of interest agreements that provide for the confidential treatment of evaluation and procurement materials and require disclosure of potential or actual conflicts of interest with Proposers.retains the flexibility to modify the procurement These agreements may be executed at the commencement of procurement as well as during the Proposal evaluation period. 2.6 FUNDING FOR PPTA PROJECT DEVELOPMENT Generally, the OTP3 will fund the work to advance candidate Solicited Projects to the end of the Project Screening and Prioritization phase. Once a decision is made to deliver a Solicited Project within the OTP3 and the project advances into the Project Development phase, the relevant Agency will then be responsible for identifying and securing the funding necessary to support the project administration, project management, project development (i.e., preliminary engineering and studies) and procurement phase activities, as well as any public funding contribution a given project may require. The OTP3 Director will coordinate with the Agency Administrator to ensure that the Agency identifies and plans for funding needs in a timely manner to allow Qualifying Transportation Facilities to move efficiently through the PPTA Project Delivery Framework. 2.7 PUBLIC PARTICIPATION IN TRANSPORTATION PLANNING AND PROJECT DEVELOPMENT PROCESS Opportunities exist for public involvement at many different times during planning, identification, development, procurement, and implementation of transportation projects. Each Agency will have specific public involvement guidance related to their sector of transportation. Below are is a general description of opportunities for involvement in roadway and rail/transit projects. The general public, elected officials, localities, and regional planning organizations, such as Planning District Commissions (PDC’s) and Metropolitan Planning Organizations (MPO’s), have numerous opportunities during the traditional planning process to influence the identification of transportation needs and recommendations for improvements. The development of long-range transportation system plans provides initial opportunities for public and interagency input, including review and comment on draft transportation plans. Typical plans include, but are not limited to: local government comprehensive plans, PDC rural long range plans, MPO constrained long range plans, VTrans and the Virginia Surface Transportation Plan. Formatted: Font: 10 pt, Bold, Font color: Auto, Not Small capsFormatted: NormalFormatted: Bullets and NumberingFormatted: Font: 10 pt, Font color: Auto, NotSmall caps
  • 23. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 22 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Following the identification of needs and potential transportation solutions, the development of programming documents provides yet another set of opportunities to shape recommendations for transportation improvements. The programming process identifies which improvement projects shall advance. Examples that offer opportunities for public input include local government Capital Improvement Programs (CIP’s), the Commonwealth Transportation Board’s Six-Year Improvement Program and MPO Transportation Improvement Programs (TIP’s). For Solicited Projects, the relevant Agency initiates and completes an environmental document in accordance with the National Environmental Policy Act (NEPA), if required, prior to inviting Proposals for projects. At this point, the purpose and need for the project is well established, alternative design concepts and scopes are analyzed, and operational features are identified. The concepts and analyses are submitted to the public and various other stakeholders for review and comment, and, ultimately, a preferred alternative is selected and a determination such as a Categorical Exclusion (CE), Finding of No Significant Impact (FONSI), or Record of Decision (ROD) is issued by the appropriate lead federal agency. As part of the public review and comment process, information meetings and public hearings are typically held in public locations, giving stakeholders reasonable opportunity to influence a project’s development. Following the NEPA process, the OTP3, working in collaboration with the Agency, will make a decision as to whether a project should advance as a PPTA project. Additional opportunities for public involvement and comment specific to the PPTA Framework also exist at the following key milestones: Key Project Milestones Public Notice / Involvement / Opportunities 1. Development of PPTA Projects Priority List Notification of General Assembly members by OTP3 Director; MPO’s; Agency Administrators; public input solicited; posting on OTP3 website; press releases. 2. Project Development CTB Location approval, CTB proposed Business Terms; public meetings; public input solicited on proposed Business Terms; posting on OTP3 website; press releases. 3. Request for Qualifications Notification of General Assembly members by OTP3 Director; MPO’s; Agency Administrators; posting on OTP3 website; press releases. 4. Request for Proposals Notification of General Assembly members by OTP3 Director; MPO’s; Agency Administrators; posting of draft RFP and Final RFP, CTB Final Major Business Terms on OTP3 website; press releases. 5. Selection of Preferred Proposer Press release and posting of selection on OTP3 website. 6. Execution of Agreement Press release and posting of executed Agreement on OTP3 website.
  • 24. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 23 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left In summary, each of the preceding phases allows an opportunity for the public, localities, and regional planning organizations to influence a project’s identification, selection and specific features. The phases are prerequisites for the development of any major public transportation project, as well as for a prospective Solicited Project or Unsolicited Proposal to successfully enter into the PPTA project procurement stage.
  • 25. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 24 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 3 ORGANIZATIONAL STRUCTURE AND REPORTING The OTP3 is responsible for developing, implementing, and administering PPTA projects across all modes of transportationprocesses set forth herein to address the commonwealth’s transportation needs in accordance with specific needs of a particular P3 project. Any deviation from the processes and procedures set forth in this Implementation Manual. The primary objective of the OTP3 is to accomplish the timely delivery of PPTA projects that address priority transportation needs. The OTP3 will serve as the champion to bring PPTA projects to fruition, be the primary point of contact for PPTA projects serving all modes of transportation and a resource to public sector agencies, private entities and other stakeholders working to advance PPTA projects. This chapter briefly describes the OTP3’s organizational structure, reporting relationships, roles and responsibilities.Manual and Guidelines by the VAP3, RPE, or the Agency Administrator shall not give recourse to any individual or entity for such deviation. The Manual and Guidelines does not modify or override requirements of the PPTA, and the PPTA shall govern in the event of any conflicts between the PPTA and this Manual and Guidelines. The processes and requirements included in this Manual and Guidelines will not apply retroactively to P3 projects for which either an Interim Agreement or Comprehensive Agreement has been entered into by the Agency as of the date of issuance, or update as applicable, of this Manual and Guidelines. 2.2 ORGANIZATION OF THE IMPLEMENTATION MANUAL AND GUIDELINES This Implementation Manual and Guidelines is organized into chapters that specifically address the roles and responsibilities associated with the Framework. These chapters include: 2. Project Identification; 3. Project Screening; 4. Project Development; 5. Project Procurement; and 6. Timelines and Milestones. Supporting technical documentation is provided in Appendices A through K. Defined terms capitalized in this document are available in Appendix A - Virginia P3 Guidance - Definitions. Green boxes located throughout the body of the document provide high-level guidance regarding the intent of the process. The Appendices contain detailed guidance on the more complex parts of the process. Diagrams illustrating the steps in the process are provided and key decision points are highlighted. At the end of each of these chapters are a summary of key action items and the list of entities responsible for each item. 2.3 P3 PROGRAM OBJECTIVES The Commonwealth’s transportation goals are: improving safety and security; reducing congestion; system maintenance and preservation; mobility, connectivity, and accessibility; environmental stewardship; economic vitality; and coordination of transportation, land use and program delivery. To ensure that P3 projects are consistent with these goals the following objectives for the P3 program have been established. • Create investment opportunities that increase the quality of transportation services in Virginia • Administer a fair and competitive project development and procurement process that encourages innovation, private sector investment and creates long-term value for the Commonwealth of Virginia (Commonwealth) • Achieve lifecycle cost efficiencies through appropriate risk transfer
  • 26. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 25 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left • Establish reliable and uniform processes and procedures to encourage private sector investment • Facilitate timely delivery of P3 projects, within established laws and regulations • Promote transparency and accountability, coupled with informed and timely decision making • Foster efficient management of Commonwealth financial and organizational resources 2.12.4 ORGANIZATIONAL STRUCTURE The multimodal OTP3VAP3 reports to and works directly with the Secretary of Transportation. For administrative ease, they are supported by the Virginia Agency of Transportation. The organizational structure provides the flexibility to leverage resources and expertise across all modes of transportation, includingidentifying multimodal and intermodal solutions. Figure 2 Commonwealth of VirginiaSecretary of VirginiaDepartment of Transportation Department of Rail & Public Transportation Virginia Port Authority Department of Aviation Department of Motor Vehicles Commercial Space Flight Authority Virginia Office of Public-Private Partnerships The OTP3 and its Director report to the Secretary of Transportation with regard to policy implementation. The OTP3VAP3 will work with directly with the respective Agency Administrator for each PPTAP3 project that corresponds within thatwith a particular transportation mode, for. For example, for an aviation-related PPTAP3 project, the OTP3VAP3 Director will work with the Director of Aviation. The organizational structure allows for flexibility in leveraging resources and expertise from other disciplines, such as planning, right-of-way acquisition, environmental and utilities, among others, within the relevant Agency at various stages of the For a rail-related P3 project identification, screening and prioritization, development, procurement, construction and maintenance phases. , the VAP3 Director will work with the Director of the Department of Rail and Public Transportation. 2.22.4.1 OTP3VAP3 Director The OTP3VAP3 Director is responsible for overseeing all aspects of the PPTA Program, from identifying, screening and prioritizing candidate PPTA projects to timely development, procurement and contract management. P3 program. This includes PPTA Program outreach and stakeholder coordination and reporting all program and project activities to the Commonwealth Transportation Commissioner and the Secretary of Transportation and Agency Administrators. Formatted: Indent: First line: 0" Formatted: Bullets and NumberingFormatted: Font color: AutoFormatted: Heading 3, Indent: First line: 0" Formatted: Bullets and NumberingFormatted: Font color: Auto
  • 27. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 26 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Additionally, the OTP3The VAP3 Director is also responsible for working collaboratively with other public agencies and the industry regarding the PPTA ProgramCommonwealth P3 program and PPTAP3 projects, complying with applicable statutes, regulations, and policies, as well as; and ensuring that external stakeholders, such as impacted transportation modespublic entities, local stakeholders, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Maritime Commission (FMC) and the Office of the Attorney General (OAG) are adequately represented, as appropriate, during the various stages of P3 project identification, screening, development, procurement and implementation processes, as and when appropriate. The OTP3 Director, in consultation with the Agency Administrator and appropriate executive-level staff, is empowered to represent the commonwealth in the development of commercial terms in discussion with private entities. The OTP3 Director, supported by a multidisciplinary program staff, is responsible for delivering key functions, including PPTA project screening, developing and delivering PPTA projects across all modes and contract management for existing PPTA projects. The OTP3 Director will work closely with the Public Relations Officer of the Commonwealth’s transportation agencies and local jurisdictions, as appropriate, to facilitate public understanding and support for PPTA projects. Additionally, the OTP3 Director will collaborate with private entities, the commonwealth’s transportation agencies, Metropolitan Planning Organizations and other groups for developing appropriate communication strategies for the PPTA Program. PPTA Project Screening The OTP3 leads the PPTA project screening effort. The project screening function includes coordination with the relevant Agency’s planning division, evaluation of short- and long-term transportation plans and applying detailed screening criteria to a specific project or group of candidate PPTA projects. Additionally, the project screening function culminates in making a recommendation to the PPTA Steering Committee about whether to move forward with a particular project utilizing the PPTA delivery method. Refer to Chapter 4 (Project Screening and Prioritization) for more detailed information. Developing PPTA Projects The second key function of the OTP3 is PPTA project development. The OTP3 Director appoints a Project Manager for each project selected for development through the PPTA Program. The Project Manager serves under the direction of the OTP3 Director. The Project Manager will be a person with strong commercial expertise and public policy and infrastructure industry knowledge. Working closely with other disciplines within the Agency, the Project Manager has overall responsibility for addressing the needs of a specific PPTA project, including overseeing its development, procurement, contract execution and reaching financial close. Any member of PPTA team may serve as the Project Manager at the discretion of the OTP3 Director. The Project Manager is responsible for leveraging the appropriate financial, commercial, procurement and technical expertise required for developing a specific PPTA project. The Project Manager ensures that appropriate coordination with other agencies and stakeholders occurs throughout the project development lifecycle. Because more than one PPTA project may be considered for procurement at a given time, there may be more than one Project Manager under the direction of the OTP3 Director, each assigned to a specific PPTA project. Formatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph FontFormatted: Default Paragraph Font
  • 28. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 27 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left PPTA Contract Management The third key function of the OTP3 is contract management. Once a Comprehensive Agreement is executed and financial close has occurred, the OTP3 will assist with contract management and serve as a resource for the District or Agency for any commercial issues that may arise during the construction and/or operations and maintenance phases of the project. The OTP3’s role also includes certain contract compliance responsibilities such as reviewing the periodic updates to the financial model, evaluating revenue sharing provisions, monitoring refinancing activities, reviewing the audited financial statements for the project and other activities as defined in the applicable Comprehensive Agreement. 2.4.2 Agency Administrators The Agency Administrator has the responsibility and legal authority to make decisions on commercial and contractual terms related to the P3 projects within the relevant transportation agency. 2.4.3 PPTA Steering Committee 3.3 THE PPTA Steering Committee The PPTA Steering Committee (PPTA Steering Committee) is comprised of the Commissioner of Highways, the Chief Deputy Commissioner of Highways, the will consist of the following representatives: Deputy Secretary of Transportation, the OTP3 Director, the Chief Engineer of the Virginia Department of Transportation (chair), two members of the relevant Oversight Board, the Chief Financial Officer of the Virginia Department of Transportation, the Chief of Planning and Programming of the Virginia Department of Transportation, and one representative each from the Virginia Port Authority, the Department of Rail and Public Transportation, the Department of Aviation, Virginia Commercial Space Flight Authority, and the Department of Motor Vehicles. The PPTA Steering Committee is chaired by the Commonwealth Transportation Commissioner. relevant Agency and a non-agency public financial expert member. The Secretary of Transportation will assign appropriate members to the PPTA Steering Committee according to the specific characteristics of each project being considered for development under the PPTA. The PPTA Steering Committee will meet on an as -needed basis and will be briefed by the OTP3Agency Administrator and the VAP3 Director. The PPTA Steering Committee has the following primary functions: 1. Based on the results of the OTP3’s screening analysisVAP3’s Detail-Level Screening Report, the PPTA Steering Committee will determine which projects will move forward asmake a PPTA and in which priority (short, medium or long-term priorities); 2. Provide a policy recommendation to the Secretary of Transportation as to on whether an Unsolicited Proposal will move forward as a PPTA based on the policy review performed by the OTP3, and comments received from Affected Jurisdictions and/or the general public; 3. Review the recommendation of the OTP3 for evaluation of the Statements of Qualification and/or Proposals associated with a particular PPTA a project to determine which Respondents should advance to the Request for Proposals P3 project development stage or whether to proceed with a conditional award to the Preferred Proposer; and 4. Provide high-level policy and procurement guidance to the OTP3 on an as-needed basis. Formatted: No underline, Font color: Auto
  • 29. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 28 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left . The PPTA Steering Committee may consult with resident experts and external advisors on an as- needed basis with respect to technical, financial or legal aspects of a candidate PPTA project or Proposal. 3.4 COMMONWEALTH TRANSPORTATION COMMISSIONER The Commissioner of Highways serves as the Chairman of the PPTA Steering Committee and provides oversight, guidance, and direction with respect to activities of the PPTA Steering Committee. Additionally the Commissioner has the legal authority to make decisions on commercial and contractual issues related to the PPTA projects within the Virginia Department of Transportation. Decisions on commercial and contractual issues on PPTA projects related to other Agencies are the legal responsibility of the respective Agency Administrator. 3.5 OVERSIGHT BOARDS PPTA projects across multiple modes will PPTA Steering Committee meetings will be open to the public. A notice of upcoming PPTA Steering Committee meetings will be posted on the VAP3 website – www.P3virginia.org 30 days prior to the meeting. Decisions of the PPTA Steering Committee will be posted to the VAP3 website. 2.4.4 Oversight Boards Multimodal P3 projects may rely on direction from various oversight boards. TheOversight Boards. For example, the Commonwealth Transportation Board (CTB) serves as the oversight boardOversight Board for the Virginia Department of Transportation and the Department of Rail and Public Transportation. The, the Virginia Aviation Board (VAB) serves as the oversight board Oversight Board for the Department of Aviation and, the Virginia Port Authority Board of Commissioners (VPAB) serves as the oversight boardOversight Board for the Virginia Port Authority. The and the Commercial Space Flight Authority Board of Directors serves as the oversight boardOversight Board for the Virginia Commercial Space Flight Authority. The OTP3VAP3 Director will work collaboratively with the Agency Administrator to keep the respective oversight boardOversight Board informed regarding the status of the PPTAa P3 project and major milestones. as shown in Figure 1. 2.5 P3 PROJECT DELIVERY FRAMEWORK The Framework (see Figure 1) is intended to streamline and standardize the P3 process in order to enhance the delivery of transportation infrastructure projects within the Commonwealth. It was developed to capture the processes and decision points inherent in a P3 project development lifecycle for both Solicited Projects and Unsolicited Proposals, namely project identification, project screening and prioritization, project development, project procurement, and contract award. Guidance: A detailed map of each action and decision point within the Framework can be found in Appendix C of this Manual and Guidelines. Formatted: Left, Indent: Left: 0.03", Right: 0.04", Space After: 0 pt, Line spacing: Multiple 1.04 li
  • 30. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 29 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 2.6 PUBLIC PARTICIPATION Numerous opportunities exist for public involvement at different times during planning, identification, development, procurement and implementation of transportation projects. Each Agency will have specific public involvement guidance related to their sector of transportation. Below is a general description of opportunities for involvement in roadway and rail/transit projects. The general public, elected officials, localities, regional transportation authorities and regional planning organizations (i.e., Planning District Commissions (PDCs) and Metropolitan Planning Organizations (MPOs)), have numerous opportunities during the traditional planning process to influence the identification of transportation needs and recommendations for improvements. The development of long- range transportation system plans provides initial opportunities for public and interagency input, including review and comment on draft transportation plans. Typical plans include, but are not limited to local government comprehensive plans, PDC rural long-range plans, MPO Constrained Long-Range Plans, VTrans and the Virginia Surface Transportation Plan. For Unsolicited Proposals in accordance with § 33.2-1820 of the Code of Virginia, the relevant Agency is required to post a notice when they accept an Unsolicited Proposal under the PPTA and allow a 120-day submission period for competing Proposals. The notice will include information on the Proposal and the public comment opportunities. The public will have the opportunity to provide comments on a continuous basis by making use of the VAP3 website. The relevant Agency will post the major business points of the agreement and outline how the public can submit comments. 4 FOR ALL PROJECTS REQUIRING FEDERAL ACTION, THE RELEVANT AGENCY INITIATES AND COMPLETES AN ENVIRONMENTAL DOCUMENT IN ACCORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA), PRIOR TO INVITING PROPOSALS FOR PROJECTS. AT THIS POINT, THE PURPOSE AND NEED FOR THE PROJECT HAVE BEEN WELL-ESTABLISHED, ALTERNATIVE DESIGN CONCEPTS AND SCOPES HAVE BEEN ANALYZED, AND OPERATIONAL FEATURES ARE IDENTIFIED. THE CONCEPTS AND ANALYSES ARE SUBMITTED TO THE PUBLIC AND VARIOUS OTHER STAKEHOLDERS FOR REVIEW AND COMMENT, AND, ULTIMATELY, A PREFERRED ALTERNATIVE IS SELECTED AND A DETERMINATION SUCH AS A CATEGORICAL
  • 31. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 30 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left EXCLUSION (CE), FINDING OF NO SIGNIFICANT IMPACT (FONSI), OR RECORD OF DECISION (ROD) IS ISSUED BY THE APPROPRIATE LEAD FEDERAL AGENCY.
  • 32. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 31 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left PROJECT IDENTIFICATION Project IdentificationProject ProcurementProject Screening and PrioritizationProject Development On a bi-annual basis, the VAP3 also updates the P3 project pipeline document to identify potential candidate projects and conceptual projects. During the development and review of the draft P3 project pipeline document there are several opportunities for public involvement and feedback. The first opportunity occurs when the draft Virginia P3 project pipeline is released and comments and feedback are welcomed within a 30-day period. Within two weeks of releasing the draft pipeline, the VAP3 will host a webinar open to the public and industry to discuss the draft pipeline in detail. The webinar provides a forum for questions and answers. The pipeline is finalized, taking into consideration the feedback received from stakeholders, at the end of the 30-day comment period and posted to the VAP3 website. 2.7 FUNDING FOR P3 PROJECT DEVELOPMENT The VAP3 will fund the work to advance candidate Solicited Projects and Unsolicited Proposals to the end of the project screening phase. If the Agency Administrator elects to advance the project as a P3 after the detail-level screening, the relevant Agency will then be responsible for identifying and securing the funding necessary to support the project development (i.e., preliminary engineering and studies) and procurement phase activities, as well as any public funding contribution required. The VAP3 Director will coordinate with the Agency Administrator to ensure that the Agency identifies and plans for funding needs in a timely manner to allow Qualifying Transportation Facilities to move efficiently through the Framework.
  • 33. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 32 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 3 PROJECT IDENTIFICATION Project identification is the first phase of the PPTA Framework. As mentioned in Chapter 2 Organizational Structure and Reporting, the OTP3VAP3 and the Agency’s relevant planning divisions are responsible for managing the project identification process. There are two primary sources from which P3 candidate transportation projects can beare identified for consideration as PPTA candidate projects:from two primary sources.  Solicited Projects: The planning staffs across all transportation agenciesAgencies, offices and Metropolitan Planning OrganizationsMPOs are encouraged to identify projects for PPTA consideration. Planning staffs should review the High-Level Screening Criteriahigh-level screening criteria discussed in Chapter 43 Project Screening and Prioritization as they consider suitable PPTAP3 candidate or conceptual projects. On a bi-annual basis, the VAP3 also updates the P3 project pipeline document to identify potential candidate projects. and conceptual projects.  Unsolicited Proposals: Unsolicited Proposals are submitted by privatePrivate entities will be considered as unsolicited projects. The specific steps to be followed for each of the two sources are outlined in more detail below. 3.1 SOLICITED PROJECTS Comprehensive transportation planning is carried out at the state, regional, local and municipal levels throughout the year by the Commonwealth’s transportation agenciesAgencies and offices that have the legal authority to develop and/or operate Qualifying Transportation Facilities. Examples of sources for candidate PPTAP3 projects may include, but are not limited to, the various planning documents and entities listed below: in Table 1. Table 1 Guidance: Potential Sources of Solicited Candidate PPTA ProjectsP3 projects PPTA Priority of the GovernorCommonwealth – priority transportation projects critical to safeguarding the Commonwealth’s long-term economic competitiveness, environment, safety and security, and improving mobility and overall quality of life for Virginians. Six-Year Improvement Program (SYIP) – a program managed by the Commonwealth Transportation BoardCTB for allocating funding for rail, public transportation, commuter assistance, bicycle, pedestrian, interstate and primary highway transportation projects in future years. Formatted: No underline, Font color: Auto Formatted: No bullets or numbering Formatted: No underline, Font color: Auto Formatted: Font color: Auto Formatted: Normal, Left, None, Don't keep with next Formatted Table Formatted: No underline, Font color: Background 1 Formatted: Font color: Auto
  • 34. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 33 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Guidance: Potential Sources of Solicited Candidate PPTA ProjectsP3 projects Legislative Mandate – any legislation passed by the General Assembly requiring the OTP3VAP3 to consider improvements to a transportation facility under the PPTA ProgramP3 program. Virginia Multimodal Long-Range Transportation Plan (VTrans2035) – provides an overall framework and facilitates development of policy for identifying and integrating transportation needs, allowing the Commonwealth’s investments to be prioritized based on defined Commonwealth transportation goals. Virginia Surface Transportation Plan – provides information for potential long-term transportation project development and investment based on the goals identified in Virginia’s statewide multimodal transportation policy plan. Virginia Port Authority Master Plan – focuses on the capital projects and investments needed to develop and maintain terminal capacity in order to continue to generate and increase economic benefits for Virginia. Six-Year Airport Capital Improvement Plan – identifies and prioritizes planning and engineering projects that focus on airport facility development over a six-year period and provides cost estimates, anticipated sources of funding and justifications for project implementation. Statewide Transportation Improvement Program (STIP) – a short-range fiscal planning document that represents the first three years of the twenty-year Long Range Transportation Plan. The STIP includes safety projects, transportation enhancement, aviation projects, rail projects, bicycle and pedestrian projects and public transit projects. Metropolitan Planning Organization Constrained Long-Range Transportation Plan – identifies a constrained capital investment strategy to meet existing and future regional transportation needs over the next twenty years in an efficient and effective manner. The Agency’s and the Commonwealth’s transportation agencies that Agencies that are interested in submitting candidate projectsSolicited Projects for PPTAP3 consideration should select projects that meet PPTAP3 suitability criteria as outlined in Chapter 43 Project Screening and Prioritization. The OTP3VAP3 will maintain a portfolio of current candidate PPTAP3 projects and periodically perform high-level screeningscreenings, as described further belowin Chapter 3 Project Screening and Prioritization, to determine their feasibility. 3.1.1 PPTA CANDIDATE PROJECT FORM To assist in determining a project’s suitability for delivery under the PPTA, the Agencies that have identified candidate projects should submit a completed PPTA Candidate Project Form to the OTP3 for each candidate project. This form can be submitted at any time pursuant to the process outlined in this Implementation Manual. Information requested in the Candidate Project Form allows the OTP3 to perform a high-level screening assessment to determine whether the candidate project should advance to the detail-level screening process. Agencies are encouraged to provide relevant supporting information/documentation for the candidate project to allow the OTP3 to conduct the high-level screening and evaluation in a timely manner. Formatted: Normal, Left, None, Don't keepwith nextFormatted TableFormatted: No underline, Font color: Background 1Formatted: Font color: AutoFormatted: Font: Not Bold, No underline, Fontcolor: AutoFormatted: Left, Space After: 12 pt
  • 35. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 34 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 3.2 UNSOLICITED PROPOSALS The PPTA permits Responsible Public EntitiesAgencies to receive and evaluate Unsolicited Proposals from privatePrivate entities to develop and/or operate Qualifying Transportation Facilities under their jurisdiction. Private entities may submit Unsolicited Proposals for all transportation modes to the OTP3 at any time, pursuant to the PPTA and this Implementation Manual. All Unsolicited Proposals should be submitted to the attention of the OTP3 Director at the following address: Formatted: No bullets or numberingFormatted: No underline, Font color: AutoFormatted: Font color: Auto
  • 36. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 35 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Private entities may submit Unsolicited Proposals for all transportation modes to the Agency at any time, pursuant to the PPTA, the Code of Virginia (Title 62.1) and this Manual and Guidelines. All Unsolicited Proposals should be submitted to the Agency for forwarding to the VAP3. A copy of the Unsolicited Proposal can also be mailed to the VAP3 for the attention of the VAP3 Director at the following address. Virginia Office of Transportation Public-Private PartnershipPartnerships Suite 2120, 600 E. Main Street, Suite 2120 Richmond, VA 23219 In accordance with § 62.1-132.19(D) which states that “neither the Commonwealth nor the Authority (Virginia Port Authority) shall accept any unsolicited proposal under the PPTA (§ 33.2-1800 et seq.) regarding the ownership or operation of any seaport or port facility,” Unsolicited Proposals regarding the ownership and/or operation of any seaport or port facility can no longer be accepted by the Virginia Port Authority (VPA) or VAP3. Guidance: Requirements for Unsolicited Proposal preparation can be found in Appendix DE of this Implementation Manual and Guidelines. 3.2.1 Proposal Review Fee Private entities interested in submitting an Unsolicited Proposal are required to pay a non-refundable, non-negotiable Proposal Review Fee of $50,000 at the time of submitting the Unsolicited Proposal to the OTP3Agency. The form and manner of the Proposal Review Fee payment submission shall be submitted in the form of a cashier’s check made payable todetermined and specified by the Treasurer of Virginia. Agency. Proposers submitting multiple Proposals for unrelated Qualifying Transportation Facilities will be required to submit a Proposal Review Fee for each Unsolicited Proposal submission. The fee will partially offset the cost of processing, reviewing and evaluating the Unsolicited Proposal. 3.3 KEY ACTION ITEMS Project Identification Activity Responsible EntityResponsibility Targeted Timeframe Submit PPTA Candidate Project Form Solicited Projects - Identify projects for PPTA consideration Agencies and Commonwealth’s Transportation Agencies Agency Planning Staff and MPOs As appropriate Submit Unsolicited Proposal Proposals – submission by Private entities Private Entityentity As appropriate Formatted: Justified, Indent: First line: 0", Space After: 12 pt, Line spacing: At least 12 pt Formatted: Justified, Space After: 12 pt, Line spacing: At least 12 pt Formatted: Justified, Indent: First line: 0", Space After: 12 pt, Line spacing: At least 12 pt Formatted: Font: Not Bold Formatted: Indent: Left: 0", Space After: 12 pt, Line spacing: At least 12 pt Formatted: Left Formatted Table Formatted: Font: 10 pt, Font color: Auto, Not Small caps Formatted: Normal Formatted: No bullets or numbering Formatted: Font: 10 pt, No underline, Font color: Auto, Not Small caps Formatted: Font: 10 pt, Font color: Auto, Not Small caps Formatted: No underline, Font color: Background 1 Formatted Table Formatted: Font color: Background 1 Formatted: Font color: Background 1 Inserted Cells
  • 37. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 36 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left Project Identification Activity Responsible EntityResponsibility Targeted Timeframe Review candidate Solicited Projects and Unsolicited ProposalsUpdate P3 project pipeline OTP3VAP3 Bi-annually Formatted: No underline, Font color: Background 1Formatted TableFormatted: Font color: Background 1Formatted: Font color: Background 1Inserted Cells
  • 38. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 37 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 5 PROJECT SCREENING AND PRIORITIZATION Project IdentificationProject Screening and PrioritizationProject ProcurementProject Development Figure 3
  • 39. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 38 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left PPTA Steering Committee decision- YesP3 Project ProcurementAgency DecisionComprehensive Agreement ExecutedReturned to AgencyBriefing Focus: • Major Business Points• Statutory Audit• Updated Value for Money Analysis• Updated Economic Benefits• Project Bid• Public Subsidy• Risk Component/Allocation• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • Detail-Level Screening Report• Desirability as P3• Feasibility as P3• HB 2 Prioritization• Duration of P3 development & procurement Agency Approval Draft Contract Documents posted on P3 Website for review & commentAgency Implements / VAP3 supportsSolicited P3 ProjectsAgency Decision - YesVAP3 performs High- Level Screening & Recommendation• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • RFI results• Schedule• Refresh on High Points from Project Development• Preliminary Procurement documents- IFO- Draft Comprehensive Agreement- Technical Requirements • Risk Analyses• Value for Money• Estimated Project Cost• Potential Public Subsidy• Potential Economic Benefits• Preliminary Business Points• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicSelection of Preferred OfferorNOVAP3 performs Detail- Level Screening & RecommendationFor Other Delivery ConsiderationProject Development Agency ApprovalOversight Board Oversight BoardOversight Board Figure 4 Field Code Changed
  • 40. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 39 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left PPTA Steering Committee decision- YesProject DevelopmentP3 Project ProcurementAgency DecisionComprehensive Agreement ExecutedReturned to ProposerBriefing Focus: • Major Business Points• Statutory Audit• Updated Value for Money Analysis• Updated Economic Benefits• Project Bid• Public Subsidy• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • Detail-Level Screening Report• Desirability as P3• Feasibility as P3• HB 2 Prioritization• Duration of P3 development & procurementAgency Approval Draft Contract Documents posted on P3 Website for review & commentAgency Implements / VAP3 supportsUnsolicited P3 ProjectsDetail-Level Screening Report by VAP3 with RecommendationsAgency Decision - YesNOPolicy Review by VAP3 with Recommendations• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicBriefing Focus: • RFI results• Schedule• Refresh on High Points from Project Development• Preliminary Procurement documents- IFO- Draft Comprehensive Agreement- Technical Requirements • Risk Analyses• Value for Money• Estimated Project Cost• Potential Public Subsidy• Potential Economic Benefits• Preliminary Business Points• Brief Chairs of General Assembly Transportation Subcommittees• Advisory Board• Brief MPO• Interested members of General Assembly• Special interest groups• Regulatory Agencies• PublicSelection of Preferred OfferorOversight BoardOversight BoardOversight Board Field Code Changed
  • 41. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 40 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left 3 PROJECT SCREENING The project screening phase within the PPTA Framework is designed to assist the OTP3VAP3 and the Agency in determining the suitability of delivering projects under the PPTA. The PPTAP3 project screening methodology is also a means of systematically and consistently applying evaluation criteria to Solicited Projects and Unsolicited Proposals submitted as candidates for PPTAP3 consideration. Project screening is organized into two phases:. 1. Solicited Projects will go through high-level project screeninga high-level screening and Unsolicited Proposals will go through a policy review; andpolicy review 2. Those Solicited Projects and Unsolicited Proposals that make it through step 1are recommended to advance for further consideration will go through a detail-level screening. 4.1 HIGH-LEVEL PROJECT SCREENING/POLICY REVIEW The high-level project screening high-level screening and policy review representspolicy review, represent the first phasestage of the two-step screening process for Solicited Projects and Unsolicited Proposals, respectively. The steps outlined below are designed to help the OTP3VAP3 and the Agency evaluate candidate PPTAP3 projects. 4.1.1 3.1.1 Solicited Projects - High Level Screening On a periodic basis, the OTP3The VAP3 will commencetake the high-level screeninglead in conducting the high-level screening of Solicited Projects submittedidentified as candidates for PPTAP3 delivery by the Agencies and the Commonwealth’s transportation agencies. The following diagram presents theFigure 5 below depicts steps to be taken during the high-level screening review:high-level screening. Figure 5 Project IdentificationProject Screening and PrioritizationProject ProcurementProject Development Formatted: No underline, Font color: Auto Formatted: Font: 16 pt, Font color: Auto, Expanded by 3 pt Formatted: Level 1, Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.3", Don't keep with next Formatted: No bullets or numbering Formatted: No underline, Font color: Auto Formatted: Font color: Auto Formatted: No bullets or numbering Formatted: Font: 10 pt, No underline, Font color: Auto, Not Small caps Formatted: Font: 10 pt, Font color: Auto, Not Small caps Formatted: Font: Bold
  • 42. COMMONWEALTH OF VIRGINIA PPTA IMPLEMENTATION MANUAL AND GUIDELINES – MAY 21, 2012 SEPTEMBER 16, 2014 PAGE 41 Formatted: Font: 9 pt, Font color: Auto Formatted: Tab stops: 5.94", Left The OTP3 will review information provided in the PPTA Candidate Project Form and any supplemental information submitted for each candidate project against the high-level screening criteria to determine the feasibility of delivering a proposed project via the PPTA delivery method. The table Table 2 below provides guidance for the high-level project screening criteria intended to assess whether a project is a potential candidate PPTA project. The OTP3 reserves the right to revise the guidance on screening criteria as and when the Commonwealth’s transportation goals or policies changeP3 project. Table 2 4.1Guidance: High-Level Project Screening Criteria Project Complexity Is the project sufficiently complex in terms of technical and/or financial requirements to effectively leverage private sector innovation and expertise? Accelerating Project Development If the required public funding is not currently available for the project, could using a PPTAP3 delivery method accelerate project delivery? Transportation Priorities Is the project consistent with the overall transportation objectives and missions of the Commonwealth and the Agency? Is the project consistent with priorities identified by the appropriate transportation plans and programs, such as SYIP, STIP, and MPO plans and programs? Does the project adequately address transportation needs? Project Efficiencies Would the PPTAP3 delivery method help foster efficiencies through the most appropriate transfer of risk over the project lifecycle? Is there an opportunity to bundle projects? Ability to Transfer Risk Would the PPTAP3 delivery method help transfer project risks and potential future responsibilities to the private sector on a long-term basis? Formatted: Font: Bold Formatted: Left, None, No bullets or numbering, Don't keep with next Formatted Table Formatted: Bullets and Numbering Formatted: No underline, Font color: Background 1