District Of Columbia § 2-273.04 - Unsolicited proposals.

Full text of District Of Columbia D.C. Code § 2-273.04 — Unsolicited proposals., with citation guidance and answers to common questions.

§ 2-273.04. Unsolicited proposals.

2-273.04
(a)

The Office may consider, evaluate, and accept an unsolicited proposal for a public-private partnership project from a private entity if the proposal:

(1)

Addresses a need identified in a District or regional planning document;

(2)

Is independently developed and drafted by the proposer without District supervision;

(3)

Shows that the proposed project could benefit the District;

(4)

Includes a financing plan to allow the project to move forward pursuant to all applicable District budget and finance requirements; and

(5)

Includes 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.

(b)

Within 90 days after receiving an unsolicited proposal, the Office shall complete a preliminary evaluation of the unsolicited proposal and shall either:

(1)

If the preliminary evaluation is unfavorable, return the proposal without further action; or

(2)

If the preliminary evaluation is favorable, notify the proposer that the Office will comprehensively evaluate the proposal and publish the unsolicited proposal 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.

(c)

After a comprehensive evaluation of an unsolicited proposal and any alternatives submitted, the Office may commence negotiations with an proposer if:

(1)

The proposal has received a favorable comprehensive evaluation;

(2)

The proposal is not duplicative of existing infrastructure project or services;

(3)

The proposal does not closely resemble a pending competitive proposal for a public-private partnership or other procurement;

(4)

The proposal demonstrates a unique method, approach, or concept;

(5)

The Office can demonstrate facts and circumstances that preclude additional competition;

(6)

The Chief Financial Officer certifies:

(A)

The availability of any funds, debts, or assets that the District will contribute to the project;

(B)

That no provision of the proposal would violate subchapter IIIB of [ et seq.]; and

(C)

That the project is not likely to have a significant adverse impact on District bond ratings;

(7)

The Attorney General certifies:

(A)

That proper indemnifications are included in the proposal; and

(B)

That there are no interstate compact issues if the project involves multiple jurisdictions; and

(8)

The Office provides notification to the public of its intent to commence negotiations with a proposer.

(d)

The 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.

(e)

Any unsolicited proposal or alternatives shall be the property of the Office.

Annotations

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 2-273.04

What does D.C. Code § 2-273.04 cover?

Section 2-273.04 ("Unsolicited proposals.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite District Of Columbia § 2-273.04?

A common citation format is "D.C. Code § 2-273.04" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 2-273.04 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.