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2013 SESSION

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Senate Committee on General Laws and Technology
Subcommittee #2

Stuart (Chairman), Herring, Petersen, Vogel, Reeves

Clerk: Michael Adams, Jocelyn Lance
Staff: Amigo Wade
Date of Meeting: January 24, 2013
Time and Place: Thursday, 9:00am, Senate Room A - GAB

S.B. 781 Women-owned and minority-owned businesses; enhancement measures.

Patron: McEachin

Virginia Public Procurement Act; women-owned and minority-owned businesses; remedial measures. Provides that the Governor shall require state agencies to implement appropriate enhancement or remedial measures consistent with prevailing law when a persuasive analysis exists that documents statistically significant disparity between the availability and utilization of women-owned and minority-owned businesses.

S.B. 860 State entities; procurement by using public-private partnerships.

Patron: Lucas

Procurement by state entities using public private partnerships; Public-Private Transportation Act; Public-Private Education Facilities and Infrastructure Act of 2002. Provides that no real property asset that produces annual average revenue for the Commonwealth of $10 million or more over the five most recent fiscal years, or $10 million revenue for the Commonwealth in the most recent fiscal year, may be (i) the subject of any lease, concession agreement, or similar type of agreement that transfers to a nongovernmental entity possession or control of the asset for more than 10 years at a time, including any renewal, (ii) sold, or (iii) securitized as a part of a qualified transportation facility under the Public-Private Transportation Act of 1995 or a qualified project under the Public-Private Education Facilities and Infrastructure Act of 2002 unless it has been declared to be surplus property. The bill also requires any comprehensive agreement for a qualifying transportation facility where the responsible public entity is a state entity to provide a summary containing the major business points of the agreement to the Public-Private Partnership Advisory Commission for review and comment. In addition, the bill provides that any proposed comprehensive agreement for a qualifying transportation facility, when the responsible public entity is an agency or institution of the Commonwealth, that (i) creates state tax-supported debt, (ii) requires a level of appropriation beyond the appropriation received by the responsible public entity in the most recent appropriation act, or (iii) alters the Commonwealth's discretion to change the level of services or the funding for such services over time must be reviewed by the General Assembly prior to execution.

S.B. 990 Virginia Public Procurement Act; bid match preference for Virginia businesses.

Patron: Miller

Virginia Public Procurement Act; bid match preference for Virginia businesses. Provides a bid match preference for Virginia business. Under the bill, a Virginia business has an opportunity to match the lowest bid of an out-of-state bidder if the bid of a Virginia business is within five percent of the lowest bid of an out-of-state bidder.

S.B. 1081 Public-Private Transportation Act of 1995, etc.; additional requirements.

Patron: Miller

Public-Private Transportation Act of 1995 and Public-Private Education Facilities and Infrastructure Act of 2002; addition requirements for comprehensive agreements. Provides that no comprehensive agreement providing for the lease, operation, or transfer of ownership of a qualifying transportation facility under the Public-Private Transportation Act or a qualified project under the Public-Private Education Facilities and Infrastructure Act with a total value of $1 billion or more shall be executed by a state agency unless (i) approved by the Governor and (ii) a bill that includes a specific description of the proposed agreement and its anticipated expenditures and revenues is passed by the General Assembly.

S.B. 1170 Virginia Public Procurement Act; resident employment and apprenticeship participation.

Patron: Deeds

Virginia Public Procurement Act; resident employment and apprenticeship participation; required contract provisions. Requires all public bodies to include in every contract of more than $100,000 that involves the performance of work within the Commonwealth provisions requiring the contractor to agree (i) that 51 percent of all positions created in performance of the contract be filled by Virginia residents, (ii) that 35 percent of the total hours worked by apprentices in positions created in performance of the contract be performed by Virginia residents, and (iii) to use the Virginia Employment Commission as the first source of referral for obtaining qualified applicants for any new position. Under the bill, "new position" does not include a position that is filled by a current employee of the contractor or an individual who was previously laid off by the contractor. The required provisions do not apply to any contracts for the procurement of professional services.

S.B. 1197 Virginia Public Procurement Act; contracts for architectural or professional engineering services.

Patron: Saslaw

Virginia Public Procurement Act; contracts for architectural or professional engineering services by certain localities. Authorizes localities within Planning District 8 to enter into individual contracts for architectural or professional engineering services up to $5 million. Planning District 8 is composed of the counties of Arlington, Fairfax, Loudoun, and Prince William, the cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park, and the towns of Dumfries, Herndon, Leesburg, Purcellville and Vienna. Currently, the authority to enter into such contracts is limited to localities and local authorities, sanitation districts, metropolitan planning organizations or planning district commissions with populations in excess of 80,000.

S.B. 1246 Virginia Public Procurement Act; multiple project contracts for engineering services.

Patron: Colgan

Virginia Public Procurement Act; multiple project contracts for architectural or professional engineering services relating to construction. Raises, for certain local public bodies, the maximum cost of architectural or professional engineering services for all projects in one contract term of a multiple project contract from $500,000 to $1.5 million, and raises the maximum cost of architectural or professional engineering services for any single project from $100,000 to $500,000 for airports and aviation transportation projects. For a locality or authority or sanitation district with a population in excess of 80,000, the bill raises the maximum cost of such services from $1 million to $2 million.