{"data":{"id":"us-dc/d.c.-code-2-273.04","jurisdiction":"us-dc","citation":"D.C. Code § 2-273.04","heading":"Unsolicited proposals.","body":"(a)\nThe Office may consider, evaluate, and accept an unsolicited proposal for a public-private partnership project from a private entity if the proposal:\n(1)\nAddresses a need identified in a District or regional planning document;\n(2)\nIs independently developed and drafted by the proposer without District supervision;\n(3)\nShows that the proposed project could benefit the District;\n(4)\nIncludes a financing plan to allow the project to move forward pursuant to all applicable District budget and finance requirements; and\n(5)\nIncludes sufficient detail and information for the Office to evaluate the proposal in an objective and timely manner and permit a determination that the project would be worthwhile.\n\n(b)\nWithin 90 days after receiving an unsolicited proposal, the Office shall complete a preliminary evaluation of the unsolicited proposal and shall either:\n(1)\nIf the preliminary evaluation is unfavorable, return the proposal without further action; or\n(2)\nIf the preliminary evaluation is favorable, notify the proposer that the Office will comprehensively evaluate the proposal and publish notice of the favorable evaluation of the unsolicited proposal, including a link to where a copy of the proposal may be publicly accessed on the Internet, in the District of Columbia Register for a period of not less than 30 days during which time other potential proposers may submit an alternative proposal.\n\n(c)\nAfter a comprehensive evaluation of an unsolicited proposal and any alternatives submitted, the Office may commence negotiations with an proposer if:\n(1)\nThe proposal has received a favorable comprehensive evaluation;\n(2)\nThe proposal is not duplicative of existing infrastructure project or services;\n(3)\nThe proposal does not closely resemble a pending competitive proposal for a public-private partnership or other procurement;\n(4)\nThe proposal demonstrates a unique method, approach, or concept;\n(5)\nThe Office can demonstrate facts and circumstances that preclude additional competition;\n(6)\nThe Chief Financial Officer certifies:\n(A)\nThe availability of any funds, debts, or assets that the District will contribute to the project;\n(B)\nThat no provision of the proposal would violate subchapter IIIB of Chapter 3 of Title 47 [§  47-355.01 et seq.]; and\n(C)\nThat the project is not likely to have a significant adverse impact on District bond ratings;\n(7)\nThe Attorney General certifies:\n(A)\nThat proper indemnifications are included in the proposal; and\n(B)\nThat there are no interstate compact issues if the project involves multiple jurisdictions; and\n(8)\nThe Office provides notification to the public of its intent to commence negotiations with a proposer.\n\n(d)\nThe Office may charge an administrative fee for the costs of processing, reviewing, or evaluating any unsolicited proposal or alternative proposal submitted by a private entity; provided, that the administrative fee is reasonable and shall not exceed the Office's actual direct cost of evaluating the proposal.\n\n(e)\nAny unsolicited proposal or alternatives shall be the property of the Office.","path":["Title 2. Government Administration.","Chapter 2A. Public-Private Partnerships.","Subchapter III. Procurement of Public-Private Partnerships."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/2-273.04","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"8577afc6d910510adddd7b1ed7f7f1cfeeaff9c757783db7f129c35c60360bfd","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-2-273.03","next":"us-dc/d.c.-code-2-273.05"},"notice":"GroundRules: Original legal text. Not legal advice."}