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2021 SESSION

21103976D
HOUSE BILL NO. 2288
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on January 28, 2021)
(Patron Prior to Substitute--Delegate Williams Graves)
A BILL to amend the Code of Virginia by adding a section numbered 2.2-4303.02, relating to the Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontractors.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 2.2-4303.02 as follows:

§ 2.2-4303.02. Construction contracts; requirement to submit list of subcontractors.

A. All bidders or offerors on contracts for construction of $250,000 or more shall be required to submit along with their bid or proposal a list of subcontractors, regardless of tier, that the bidder or offeror intends at the time of submitting the bid or proposal to use on the contract to perform work valued at $50,000 or more, including labor and materials.

B. Such list of subcontractors shall include the following information:

1. The name and address of each subcontractor;

2. A brief description of the work that will be performed by each subcontractor and the value of such work; and

3. If the subcontractor is required to be licensed pursuant to § 54.1-1103, the subcontractor's license number.

C. Along with the subcontractor list, all such bidders or offerors shall also be required to submit (i) a statement declaring that the bidder or offeror has reviewed the qualifications and performance history of each listed subcontractor and found such qualifications and performance history to be sufficient to qualify the subcontractor to perform the subcontract work and (ii) a statement indicating that the bidder or offeror has received a written statement from each listed subcontractor verifying that such subcontractor (a) has not defaulted on any project within the last three years, (b) is not currently suspended or disbarred by any public body, and (c) is not currently in bankruptcy.

D. The list and statements required to be submitted pursuant to this section shall be prepared by a person employed by the bidder or offeror who has sufficient authority and knowledge to attest to such information.

E. Upon reviewing such list and statements, the public body may disqualify any subcontractor included on the list from working on the contract if all information required to be submitted pursuant to this section related to such contractor has not been submitted. If the public body chooses to disqualify a subcontractor, the public body shall notify the bidder or offeror and shall provide the bidder or offeror a reasonable amount of time to find a qualified replacement.

F. If a bidder or offeror fails to submit the list and statements required by this section, the bidder or offeror's bid or proposal for the contract may be disqualified.

G. Any bidder or offeror that is found to have knowingly provided false information pursuant to this section shall be debarred from contracting with any public body for a period of up to one year.

H. Compliance with the provisions of this section shall be required for bids or offers on contracts for construction of $250,000 or more with localities with a population in excess 50,000, but shall be optional for bids or offers on contracts for construction of $250,000 or more with any other locality.

I. For job order contracting pursuant to § 2.2-4303.2, the provisions of this section shall only apply to individual job orders.