SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2016 SESSION

  • print version
Senate Committee on General Laws and Technology
Subcommittee #2

Stuart (Chairman), Petersen, Vogel, Reeves, Wexton, Suetterlein, Ebbin

Clerk: Maryann Horch
Staff: Amigo Wade
Date of Meeting: February 9, 2016
Time and Place: GAB, 3rd Floor East, 1/2 hr after adjournment

S.B. 311 Virginia Public Procurement Act; use of best value contracting, construction & professional service.

Patron: McEachin

Virginia Public Procurement Act; use of best value contracting; construction and professional services. Authorizes any public body to procure construction on a best value procurement basis. Under the bill, if proceeding on a best value procurement basis, the Request for Proposal must contain a notice to potential offerors that the procurement decision will be made on a best value procurement basis and describe (i) the criteria that will be considered in evaluating the proposals and (ii) the rating or weighting system that will be used in evaluating the proposals, including a disclosure that price will be weighted at least 51 percent as a factor.

A BILL to amend and reenact §§ 2.2-4303, 2.2-4305, 2.2-5005, 15.2-5102.1, and 15.2-6314.1 of the Code of Virginia, relating to the Virginia Public Procurement Act; use of best value contracting; construction and professional services.

16101985D

S.B. 586 Virginia Public Procurement Act; requirements for use of construction management.

Patron: Ruff

Virginia Public Procurement Act; requirements for use of construction management. Restricts the use of construction management procurements by public bodies unless (i) the total project cost is $50 million or more, (ii) a written determination is provided stating that competitive sealed bidding is not practicable or fiscally advantageous, (iii) the contract is entered into prior to the schematic phase of design, (iv) construction management experience is not required or considered as part of the award, (v) price is the primary determining factor for award of the contract, and (vi) proposers provide for the participation of small, women-owned, and minority-owned businesses in the project. The bill provides that for projects where the total project cost is not expected to exceed $50 million, a public body may use competitive negotiation to procure construction on a construction management basis if (i) the above requirements are met; (ii) the project is (a) of substantial historical value or interest or (b) significantly unique or extremely complex in nature; (iii) prior to any solicitation for such project, the public body notifies in writing the Director of the Department of General Services in the case of state public bodies, or the local governing body in the case of a local public body, of its intent to procure construction on a construction management basis; and (iv) the Director of the Department of General Services or the local governing body, as the case may be, makes a finding that the public body is in compliance with the requirements of this subsection, which finding shall be on a per project basis and shall be in writing. The findings for state public bodies shall be made by the Director under existing regulations and guidelines established by the Department of General Services. In addition, the bill defines "public body" for the purposes of the use of construction management for construction to include (i) public institutions of higher education that have executed a valid management agreement under the Restructured Higher Education Financial and Administrative Operations Act of 2005 (§ 23-38.88 et seq.) and (ii) localities and school divisions that were previously exempt based on the adoption of alternative policies and procedures based on competitive principles and generally applicable to procurement of goods and services by the locality or school division.

 

A BILL to amend and reenact §§ 2.2-4306, 2.2-4307, 2.2-4308, 2.2-4343, and 23-38.88 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 2.2-4308.01, and to repeal the fourth and fifth enactments of Chapters 760 and 776 of the Acts of Assembly of 2015, relating to the Virginia Public Procurement Act; requirements for use of construction management contracts.

16103754D