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2000 SESSION

002716664
HOUSE JOINT RESOLUTION NO. 229
Offered January 24, 2000
Establishing a joint subcommittee to study the Virginia Public Procurement Act, specifically § 11-70, relating to the submission of claims on public construction projects.
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Patrons-- Cantor, Albo, Armstrong, McClure and Woodrum
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Referred to Committee on Rules
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WHEREAS, in 1983 the Commonwealth adopted the Virginia Public Procurement Act (VPPA) as the basis for public procurement practices in the Commonwealth and

WHEREAS, since adoption of the VPPA, the General Assembly has from time to time adopted amendments and revisions to the VPPA to address changes in the public work environment, and to maintain clear and consistent guidelines for fair and open competition in public procurement in the Commonwealth; and

WHEREAS, § 11-70 of the Code of Virginia has been construed by the courts as not permitting contractors to submit claims to public owners on behalf of subcontractors or suppliers who claim to have incurred costs and expenses on public construction projects due to acts or omissions of the public owner; and

WHEREAS, the General Assembly has amended §§ 33.1-386 and 33.1-387 to allow contractors to submit claims and institute civil actions on behalf of subcontractors or suppliers on state highway projects, where the subcontractors or suppliers claim entitlement to costs and expenses caused by acts or omissions of the Virginia Department of Transportation; and

WHEREAS, concerns have been raised as to whether § 11-70 should be amended to allow contractors to submit claims on behalf of subcontractors and suppliers on all public projects, as opposed to only state highway projects; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study the Virginia Public Procurement Act, specifically § 11-70, relating to the submission of claims on public construction projects. As part of its study, the joint subcommittee shall consider the appropriateness of amending § 11-70 to allow contractors to submit claims to public owners on behalf of subcontractors and suppliers who have incurred costs and expenses on public projects due to acts or omissions of the public owner. The joint subcommittee shall examine the policies and procedures applicable to these issues from the perspective of both public owners and public works contractors. The joint subcommittee shall consult with and seek the advice of interested public agencies and contractor groups, including, but not limited to, the Virginia Bar Association, the Department of General Services, the Department of Transportation, and the Office of the Attorney General.

The joint subcommittee shall be composed of seven members as follows: four members of the House of Delegates, to be appointed by the Speaker; three members of the Senate, to be appointed by the Senate Committee on Privileges and Elections.

The direct costs of this study shall not exceed $ 7,000.

The Division of Legislative Services shall provide staff support for the study. All agencies of the Commonwealth shall provide assistance to the joint subcommittee, upon request.

The joint subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 2001 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.