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2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-4336 and 2.2-4337 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-4336. Bid bonds.
A. Except in cases of emergency, all bids or proposals for
nontransportation-related construction contracts in excess of $100,000
$500,000 or transportation-related projects authorized under § 33.1-12 that
are in excess of $250,000 and partially or wholly funded by the Commonwealth
shall be accompanied by a bid bond from a surety company selected by the bidder
that is authorized to do business in Virginia, as a guarantee that if the
contract is awarded to the bidder, he will enter into the contract for the work
mentioned in the bid. The amount of the bid bond shall not exceed five percent
of the amount bid.
B. For nontransportation-related construction contracts in excess of $100,000 but less than $500,000, where the bid bond requirements are waived, prospective contractors shall be prequalified for each individual project in accordance with § 2.2-4317.
C. No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond.
C. D. Nothing in this section shall preclude a
public body from requiring bid bonds to accompany bids or proposals for
construction contracts anticipated to be less than $100,000 $500,000
for nontransportation-related projects or $250,000 for transportation-related
projects authorized under § 33.1-12 and partially or wholly funded by the
Commonwealth.
§ 2.2-4337. Performance and payment bonds.
A. Upon the award of any (i) public construction contract
exceeding $100,000 $500,000 awarded to any prime contractor; (ii)
construction contract exceeding $100,000 $500,000 awarded to any
prime contractor requiring the performance of labor or the furnishing of
materials for buildings, structures or other improvements to real property
owned or leased by a public body; (iii) construction contract exceeding
$100,000 $500,000 in which the performance of labor or the
furnishing of materials will be paid with public funds; or (iv) transportation-related
projects exceeding $250,000 that are partially or wholly funded by the
Commonwealth, the contractor shall furnish to the public body the following
bonds:
1. A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. For transportation-related projects authorized under § 33.1-12, such bond shall be in a form and amount satisfactory to the public body.
2. A payment bond in the sum of the contract amount. The bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in furtherance of the work provided for in the contract, and shall be conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the furtherance of the work. For transportation-related projects authorized under § 33.1-12 and partially or wholly funded by the Commonwealth, such bond shall be in a form and amount satisfactory to the public body.
"Labor or materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site.
B. For nontransportation-related construction contracts in excess of $100,000 but less than $500,000, where the bid bond requirements are waived, prospective contractors shall be prequalified for each individual project in accordance with § 2.2-4317.
C. Each of the bonds shall be executed by one or more surety companies selected by the contractor that are authorized to do business in Virginia.
C. D. If the public body is the Commonwealth, or
any agency or institution thereof, the bonds shall be payable to the
Commonwealth of Virginia, naming also the agency or institution thereof. Bonds
required for the contracts of other public bodies shall be payable to such
public body.
D. E. Each of the bonds shall be filed with the
public body that awarded the contract, or a designated office or official
thereof.
E. F. Nothing in this section shall preclude a
public body from requiring payment or performance bonds for construction
contracts below $100,000 $500,000 for nontransportation-related
projects or $250,000 for transportation-related projects authorized under §
33.1-12 and partially or wholly funded by the Commonwealth.
F. G. Nothing in this section shall preclude the
contractor from requiring each subcontractor to furnish a payment bond with surety
thereon in the sum of the full amount of the contract with such subcontractor
conditioned upon the payment to all persons who have and fulfill contracts that
are directly with the subcontractor for performing labor and furnishing
materials in the prosecution of the work provided for in the subcontract.
2. That, on or before December 31, 2012, the Secretary of Administration shall report to the chairs of the House Committee on General Laws and the Senate Committee on General Laws and Technology on the efficacy of the program for nontransportation-related construction projects established pursuant to this act.