4899

4899.1

For the purposes of these rules, the term:

1. (a) “Alternative proposer” means a proposer responding to the request for alternative proposals under the unsolicited proposal procurement method.
2. (a-1) “Alternative technical concept” means a proposed technical, financial, or other change or variance from a requirement contained in an RFP or RFAP that a proposer proposes to the District pursuant to § 4813.
3. (b) “ANC” means Advisory Neighborhood Commission.
4. (c) “DC OP3” means the Office of Public-Private Partnerships established by § 102 of the P3 Act (D.C. Official Code § 2-272.01).
5. (d) “Office” means the DC OP3.
6. (e) “Original Unsolicited Proposer” means the proposer who is the first to submit an unsolicited proposal to the DC OP3 regarding a particular P3 project.
7. (f) “Owner Agency” means the agency within the District government that will be the qualified public entity of the P3 agreement and project.
8. (g) “P3 Act” means the Public-Private Partnerships Act of 2014, effective March 11, 2015 (D.C. Law 20-228; D.C. Official Code §§ 2-271.01 et seq.)
9. (h) “Private Entity” means a natural person, corporation, limited liability company, partnership, joint venture, or other private business entity.
10. (i) “Proposer” means a private entity submitting a proposal in response to a request for proposals or request for alternative proposals issued by the Office or an unsolicited proposal for a P3.
11. (j) “Public Entity” means a District government agency, department, board, commission, or instrumentality; or a similar governmental organization of a different government jurisdiction.
12. (k) “Public Sector Comparator” means a risk-adjusted estimate of the total cost for the lifetime of a project, including all capital, operating, financing, and ancillary costs, if a P3 project were to be financed, built, and operated through a traditional government procurement method.

(l) “Public-Private Partnership” means the method in the District for delivering a qualified project using a long-term, performance-based contractual agreement between a public entity and a private entity or entities where appropriate risks and benefits can be allocated in a cost-effective manner between the public and private entities in which:1. (1) A private entity performs functions normally undertaken by the government, but the public entity remains ultimately accountable for the qualified project and its public function; and

2. (2) The District may retain ownership or control in the project asset and the private entity may be given additional decision-making rights in determining how the asset is financed, developed, constructed, operated, and maintained over its life cycle.(m) “Qualified Project” means the planning, acquisition, financing, development, design, construction, reconstruction, rehabilitation, replacement, improvement, maintenance, management, operation, repair, leasing, or ownership of:1. (1) Education facilities;

2. (2) Transportation facilities, including streets, roads, highways, bridges, tunnels, parking lots or garages, public transit systems, and airports;

3. (3) Cultural or recreational facilities, including parks, libraries, theaters, museums, convention centers, community centers, stadia, athletic facilities, golf courses, or similar facilities;

4. (4) A building or other facility that is beneficial to the public interest and is developed or operated by or for a public entity;

5. (5) Utility facilities, including sewer, water treatment, storm water management, energy producing or transmission, telecommunications, information technology, recycling, and solid waste management facilities;

6. (6) Improvements necessary or desirable to any District-owned real estate;

7. (7) Any other facility, the construction of which shall be beneficial to the public interest as determined by the Office.

SOURCE: Final Rulemaking published at 63 DCR 13119 (October 21, 2016); as amended by Final Rulemaking published at 65 DCR 6037 (June 1, 2018).