TITLE 36 LOCAL GOVERNMENT

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ARTICLE 5 PARTNERSHIP FOR PUBLIC FACILITIES AND INFRASTRUCTURE

36-91-112. Model guidelines.

1. Prior to executing any comprehensive agreement for the development or operation of a qualifying project pursuant to an unsolicited proposal received by a local government under this article, the local government shall adopt either:
   1. The model guidelines from the Partnership for Public Facilities and Infrastructure Act Guidelines Committee; or
   2. Its own guidelines as a policy, rule, regulation, or ordinance, which shall contain each of the factors identified in subsection (b) of this Code section.
2. The model guidelines shall include, at a minimum, the following:
   1. The period of time each calendar year when the local government will consider receiving, processing, reviewing, or evaluating unsolicited proposals for qualifying projects, and such limited time period shall be established within the sole discretion of the local government;
   2. Procedures for the financial review and analysis of an unsolicited proposal that may include:
      1. A cost-benefit analysis;
      2. Evaluation of the public need for or benefit derived from the qualifying project;
      3. Evaluation of the estimated cost of the qualifying project for reasonableness in relation to similar facilities;
      4. Evaluation of the source of funding for the project;
      5. Consideration of plans to ensure timely development or operation;
      6. Evaluation of risk sharing, including cost or completion guarantees, added value, or debt or equity investments by the private entity; and
      7. Consideration of any increase in funding, dedicated revenue source, or other economic benefit that would not otherwise be available;
   3. Criteria for determining any fees authorized in Code Section 36-91-113 that the local government elects to charge the private entity for the processing, review, and evaluation of an unsolicited proposal;
   4. A requirement for the issuance of a request for proposals upon a decision by the local government to proceed with a qualifying project pursuant to an unsolicited proposal;
   5. Procedures for posting and publishing notice of the opportunity to offer competing proposals;
   6. Procedures for the processing, review, and consideration of competing proposals, and the period for the processing, review, and consideration of competing proposals shall not be less than 90 days;
   7. Procedures for determining whether information included in an unsolicited proposal shall be released as part of any request for proposals to ensure fair competition; and
   8. Procedures for identifying and appointing an independent owner adviser to the local government with expertise in architecture, engineering, or construction management to assist in the evaluation of an unsolicited proposal and to serve as owner adviser to the local government if the local government chooses to pursue any ensuing solicited bid process. The local government shall not be obligated to engage such services.

(Code 1981, §36-91-112, enacted by Ga. L. 2015, p. 406, § 2/SB 59.)