2.2-2622 - Duties of Council; acceptance of gifts and grants; annual report.
§ 2.2-2622. Duties of Council; acceptance of gifts and grants; annual report.
A. The Council shall:
1. Examine and promote methods of providing a portion or all of selectgovernment-provided or government-produced programs and services through theprivate sector by a competitive contracting program, and advise the Governor,the General Assembly, and executive branch agencies of the Council's findingsand recommendations.
2. Develop an institutional framework for a statewide competitive program toencourage innovation and competition within state government.
3. Establish a system to encourage the use of feasibility studies andinnovation to determine where competition could reduce government costswithout harming the public.
4. Monitor the products and services of state agencies to bring an element ofcompetition and to ensure a spirit of innovation and entrepreneurship tocompete with the private sector.
5. Advocate, develop and accelerate implementation of a competitive programfor state entities to ensure competition for the provision or production ofgovernment services, or both, from both public and private sector entities.
6. Establish approval, planning, and reporting processes required to carryout the functions of the Council.
7. Determine the privatization potential of a program or activity; performcost/benefit analyses; and conduct public and private performance analyses.The Secretary of Finance shall independently certify the results of thecomparison.
8. Devise, in consultation with the Secretary of Finance, evaluation criteriato be used in conducting performance reviews of any program or activity thatis subject to a privatization recommendation.
9. To the extent practicable and to the extent that resources are available,make its services available for a fair compensation to any politicalsubdivision of the Commonwealth.
10. Review the practices of government agencies and nonprofit organizationsthat may constitute inappropriate competition with private enterprise. TheCouncil shall develop proposals for (i) preserving the traditional role ofprivate enterprise; (ii) encouraging the expansion of existing, and thecreation of new, private enterprise; and (iii) monitoring inappropriatecompetition by nonprofit organizations.
11. Review the procurement process under the Public-Private TransportationAct of 1995 (§ 56-556 et seq.) and the Public-Private Education Facilitiesand Infrastructure Act of 2002 (§ 56-575.1 et seq.) and make recommendationsfor (i) improving the use and efficiency of process, (ii) releasinginformation to the public during all stages of the process, and (iii)ensuring accountability on the part of public officials and employeesinvolved in projects under the Acts.
B. The commercial activities list developed by the Council in accordance withthis section shall be updated every two years.
C. The Council may apply for, accept, and expend gifts, grants, or donationsfrom public or private sources to enable it to better carry out itsobjectives. No entity that provides a gift, donation or grant shall beeligible for a contract award that results from action of a Councilrecommendation.
D. The Council shall not impose unreasonable burdens or costs in connectionwith requests of agencies.
E. The Council shall annually by December 1 report its findings andrecommendations to the Governor, the General Assembly and the Small BusinessCommission created pursuant to § 30-182. The Council may make interim reportsto the Governor, the General Assembly and the Small Business Commission as itdeems advisable.
(1995, c. 815, §§ 9-342, 9-344, 9-345, 9-949; 1997, c. 223; 1998, c. 881;2001, c. 844; 2007, cc. 584, 630.)