RFP360 SFP 2026-22 Privatization

The OAG is soliciting proposals from attorneys in private practice to serve as special counsel to the Virginia Department of Transportation (VDOT) and other agencies of the Commonwealth (collectively, the Agencies) for the purpose of providing legal services in the evaluation, negotiation, and financing of privatization proposals or other projects under the Public-Private Transportation Act of 1995 (Va. Code §§ 56-556 through –574) (the PPTA) and the Public Private Education Facilities and Infrastructure Act of 2002 (the PPEA).
The PPTA was established to foster and develop private participation in the acquisition, construction, improvement, financing, maintenance, or operation of transportation facilities in the Commonwealth of Virginia. Transportation facilities may include any road, bridge, tunnel, overpass, ferry, airport, mass transit facility, vehicle parking facility, or similar commercial facility used for the transportation of persons or goods in Virginia. The PPEA grants responsible public entities the authority to create public-private partnerships for the development of a wide range of projects for public use if the public entities determine there is a need for the project and that private involvement may provide the project to the public in a timely or cost-effective fashion.. Individually negotiated interim or comprehensive agreements between a private entity and a responsible public entity will define the respective rights and obligations of the responsible public entity and the private entity.
Legal services to agencies of the Commonwealth under this appointment will include legal assistance in the analysis of PPTA and PPEA concepts, the negotiation and drafting numerous agreements related to a PPTA or PPEA, such as the Interim Agreement, Request for Qualifications, Request for Proposals, Comprehensive Agreement, Design-Build Contract, and any other necessary documents for implementation of the PPTA and PPEA proposals, both solicited and unsolicited. The services may also include evaluation, negotiation, and scoring of proposals, negotiation with other agencies such as USDOT and TIFIA office, coordination with lenders and equity investors, and post procurement services regarding contract administration such as interpretation of contract for change orders and compensation events. The legal services will include addressing and advising on any financing involved in the project. Counsel may be responsible for any or all legal aspects of the evaluation, negotiation, financing, and administration of a PPTA or PPEA project, up to and including the preparation of the Comprehensive Agreement and any associated documents necessary to close the transaction or administer the contract. In the event litigation ensues, counsel should also be available for any litigation or litigation support if requested by the OAG.. See more information at this link: app.rfpio.com/survey/public/6809043e9cd2cc30c5ab6603_6a82262fea4b7f0ec1e535eb/SFP-2026-22-Privatization SUBMISSIONS SENT IN EVA WILL BE IGNORED