General provisions.
Norfolk City Code § 33.1-111
in effectSec. 33.1-111. - General provisions.
(a) Proposal submission.
(1) A proposal may be either solicited by the city ("solicited proposal") or delivered to the city by a private entity on an unsolicited basis ("unsolicited proposal"). Offeror's shall follow a two-part proposal submission process consisting of an initial conceptual phase and then a detailed phase. The conceptual phase of the proposal shall contain specified information on the offeror's qualifications and experience, project characteristics, project financing, anticipated public support or opposition, or both, project benefit and compatibility and any other matters the city requests. The detailed phase of a proposal shall contain specified deliverables. Any proposal submitted pursuant to this policy shall be clearly identified as a PPEA proposal.
(2) Any unsolicited proposal shall be submitted to the city by delivering six (6) complete copies, together with the required initial review fee as provided below, to the city manager or his designee. The city manager shall establish a committee to review and evaluate all solicited or unsolicited proposals and make recommendations to the city council concerning them. The city may require any proposal to be clarified in any manner, including but not limited to, requiring the submission of additional documentation, responses to specific written questions and interviews with the offeror and any potential project participants.
(3) In addition to describing the project, conceptual proposals should provide a description of the proposer's capabilities to complete the proposed qualifying project and the benefits to be derived from the qualifying project. Conceptual proposals should also include a scope of work and a financial plan for the project, which must contain enough detail to allow an analysis by the city of the financial feasibility of the proposed project. The cost analysis of a proposal should not be linked solely to the financing plan, as the city may determine to finance the project through other available means. The specific requirements for any solicited proposal shall be identified in the city's request for proposals ("RFP").
(b) Affected jurisdictions.
(1) Any private entity requesting approval from or submitting a conceptual or detailed proposal to the city must provide any other affected jurisdictions with a copy of the proposal by certified mail, express delivery or hand-delivery within five (5) business days of its submission of the proposal to the city. Such affected jurisdiction shall have sixty (60) calendar days from the date of receipt to submit written comments to the city indicating whether the proposed qualifying project is compatible with the (a) city's comprehensive plan, (b) city's infrastructure development plans or (c) city's capital improvements, city's budget or other government spending plan. The city will consider comments received within the deadline; however, no negative inference will be drawn from the absence of comment by an affected jurisdiction. Still, the city may begin or continue its evaluation of any such proposal during the 60-day period for receipt of comments from affected jurisdictions.
(2) The city may engage the services of qualified professionals, including but not limited to, an architect, professional engineer or certified public accountant not otherwise employed by the city, to provide independent analysis.
(c) Freedom of Information Act.
(1) General applicability of disclosure provisions. Proposal documents submitted by private entities are generally subject to the Virginia Freedom of Information Act ("FOIA") except that subdivision 11 of § 2.2-3705.6 of the Code of Virginia, 1950, as amended, exempts certain documents from public disclosure. FOIA exemptions, however, are discretionary, and the city may elect to release some or all of the proposal documents except to the extent the documents are:
a. Trade secrets of the private entity as defined in the Uniform Trade Secrets Act § 59.1-336 et seq. of the Code of Virginia, 1950, as amended.
b. Financial records of the private entity that are not generally available to the public through regulatory disclosure or otherwise, including but not limited to, balance sheets and financial statements; or
c. Other information submitted by a private entity, where, if the record or document were made public prior to the execution of an interim or comprehensive agreement, the financial interest or bargaining position of the public or the private entity would be adversely affected.
Additionally, the city shall comply with the provisions of any court order compelling access or protecting from disclosure any proposal documents submitted by private entities.
(2) Protection from mandatory disclosure for certain documents submitted by a private entity.
a. Any confidential and proprietary information provided to the city pursuant to this article shall be subject to disclosure under FOIA except as provided by § 56-575.4 G of the Code of Virginia, 1950, as amended.
b. Before documents of a private entity may be withheld from disclosure, the private entity shall first make a written request for their withholding to the city. The private entity shall submit the request at the same time the documents are submitted and designate with specificity the documents for which the protection is being sought. The private entity shall also provide in its submission a clear statement of the reasons for invoking the protection with reference to one or more of the three classes of records listed in this article. A private entity may request and receive a determination from the city as to the anticipated scope of protection before submitting a proposal.
c. Upon the receipt of a written request for protection of documents, the city will determine, with the advice of the city attorney, whether the documents contain (i) trade secrets, (ii) financial records, or (iii) other information that would adversely affect the financial interest or bargaining position of the city or the private entity in accordance with this article. The city attorney shall make a written determination of the nature and scope of the protection to be afforded by the city. If the written determination provides less protection than requested by the private entity, the private entity will be accorded a reasonable opportunity to clarify and justify its request and re-submit it. If thereafter the city attorney's final determination is to afford less protection than requested, the private entity will be given a chance to withdraw its proposal. Nothing shall prohibit further negotiations of the documents to be accorded protection from release, although what may be protected must be limited to the categories of records identified within this article.
d. Once the city attorney has made a final written determination, the protected documents shall continue to be protected from disclosure while in the possession of the city or any affected local jurisdiction. Any documents afforded such protection shall continue to be protected from disclosure when in the possession of the city or any affected jurisdiction to which such documents are provided.
e. If a private entity fails to designate trade secrets, financial records, or other confidential or proprietary information for protection from disclosure, such information, records or documents shall be subject to disclosure under FOIA.
(3) Protection from mandatory disclosure for certain documents produced by the city. The council may withhold from disclosure memoranda, staff evaluations, or other records prepared by the city, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals: (a) if such records were made public prior to or after the execution of an interim or a comprehensive agreement, the financial interest or bargaining position of the council would be adversely affected, and (b) the basis for the determination required in clause (a) is documented in writing by the city.
Cost estimates relating to a proposed procurement transaction prepared by or for the city shall not be open to public inspection.
(4) The city may not withhold from public access:
a. Procurement records other than those subject to the written determination of the city;
b. Information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the city and the private entity;
c. Information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or
d. Information concerning the performance of any private entity developing or operating a qualifying project.
However, to the extent that access to any procurement record or other document or information is compelled or protected by a court order, the city must comply with such order.
(d) Use of public funds. Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any interim or comprehensive agreement entered into under the PPEA and pursuant to this article. Accordingly, the processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into planning for any project done pursuant to this article.
(e) Applicability of other laws. Nothing in this article shall affect the duty of the city to comply with all other applicable laws not in conflict with this article. The applicability of the Virginia Public Procurement Act (the "VPPA"), § 2.2-4300 et seq. of the Code of Virginia, 1950, as amended, is as set forth in the PPEA.
(Ord. No. 45,063, § 1, 4-9-13)
Source: City of Norfolk, Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/norfolk/codes/code_of_ordinances?nodeId=COCI_CH33.1PR_ARTIXPUIVPA_S33.1-111GEPRFetched: 11/1/2026