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Tom Falat Legal & Legislative Services Information Technology Investment Board August 10, 2005

Infrastructure PPEA Process. Tom Falat Legal & Legislative Services Information Technology Investment Board August 10, 2005. VITA Briefings, Postings and Reports on PPEA. Briefing to ITIB – PPEA Overview, David Hallock, Dep. Counselor to Governor – January 7, 2004

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Tom Falat Legal & Legislative Services Information Technology Investment Board August 10, 2005

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  1. Infrastructure PPEA Process Tom Falat Legal & Legislative Services Information Technology Investment Board August 10, 2005

  2. VITA Briefings, Postings and Reports on PPEA • Briefing to ITIB – PPEA Overview, David Hallock, Dep. Counselor to Governor – January 7, 2004 • Briefing to ITIB – VITA Process for the Management and Governance of PPEA – April 7, 2004 • PPEA Briefing to JCOTS Integrated Government Advisory Committee – June 30, 2004 • CIO Report to House Appropriations Committee containing PPEA Update – October 18, 2004 • PPEA Briefing to Governor Warner - April 15, 2005 • PPEA Briefing to the Council on Technology Services – May 11, 2005 • PPEA Briefing to JCOTS Integrated Government Advisory Committee – August 2, 2005 • CIO Reports to ITIB containing PPEA components: • March 3, 2004 • April 7, 2004 • June 2, 2004 • October 13, 2004 • February 9, 2005 • April 13, 2005 • June 20, 2005

  3. VITA Briefings, Posting and Reports on PPEA • PPEA Update Posted to the VITA Website – May 2004 • PPEA Update Posted to the VITA Website - November 2004 • PPEA Update Posted to the VITA Website - April 2005 • VITA internal agency-wide “Dialogue Meetings” April 26, 2005 June 9, 2005 August 11, 2005 • VITA internal agency-wide “Open Door” Communications

  4. Relevant Virginia Code and PPEA Multiple exemptions within FOIA allow a public entity to exercise a negotiation strategy that is not undermined by having to provide details of one vendor’s proposal to a competing vendor or the public.

  5. FOIA Exemptions • 2.2-3705.1.12 Records relating to the negotiation and award of a specific contract where competition and bargaining is involved and where the release of such records would adversely affect the bargaining position or negotiation strategy of the public body. Such records shall not be withheld after the public body has made a decision to award or not award the contract. (emphasis added).

  6. FOIA Exemptions • 2.2-3705.6.12 Confidential proprietary records that are voluntarily provided pursuant to a proposal filed under the PPTA or PPEA pursuant to a promise of confidentiality . . . and “memoranda, working papers or other records related to proposals filed under the PPTA or PPEA, where, if such records were made public the financial interests of the public or private entity involved with such proposal or the process of competition or bargaining would be adversely affected” (emphasis added).

  7. Public Private Education Facilities and Infrastructure Act 56-575.16.5. Once a comprehensive agreement has been entered into, and the process of bargaining of all phases or aspects of the comprehensive agreement is complete, a responsible public entity shall make available, upon request, procurement records in accordance with 2.2-4342. (the VPPA.)

  8. VPPA – Virginia Public Procurement Act 2.2-4342 - Public inspection of certain records: • Subsection B. Cost estimates relating to a proposed procurement transaction prepared for or by a public body shall not be open to public inspection. • Subsection D. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the public body decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract. (emphasis added.)

  9. General Assembly and FOIA Advisory Council Review General Assembly and FOIA Advisory Council review of PPEA Model Guidelines and FOIA exemption for Confidential and Proprietary information: PPEA Model Guidelines Workgroup – (Chapter 865, 2005 Acts of Assembly (SB1107 (2005)) • Meetings on 5/15/05 and 6/16/05. Third meeting scheduled for 9/8/05. • Draft revisions have been posted for public comment. (Due 8/15/05) • One suggested revision: “After all conceptual solicited proposals or competitive unsolicited proposals have been received, and prior to initiating the detailed phase, copies of all conceptual proposals that warrant further consideration shall be made available to the public absent any information protected from disclosure under prior agreement between the private entity and the responsible public entity.”

  10. General Assembly and FOIA Advisory Council Review General Assembly and FOIA Advisory Council review of PPEA Model Guidelines and FOIA exemption for Confidential and Proprietary information: PPEA Subcommittee of the FOI Advisory Council (HB2672, (2005)) • Meetings on 6/8/05 and 7/13/05. • Reviewing current FOIA exemption for PPEA: §2.2-3705.6(11). • Review is incorporating the PPEA Model Guidelines Workgroup discussions.

  11. Summary Many steps have been taken to inform our employees, the public, and interested stakeholders of the process and status of this PPEA. VITA also recognizes the need to maintain a competitive bargaining atmosphere and negotiating strategy to reach the best deal possible.

  12. Contact Information Tom Falat Legal and Legislative Services Virginia Information Technologies Agency 804-343-9022 Tom.falat@vita.virginia.gov

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