Virginia Public Procurement Act; job order contracting and cooperative procurement. (HB1540)

Introduced By

Del. Dave Albo (R-Springfield)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Virginia Public Procurement Act (VPPA); methods of procurement; job order contracting and cooperative procurement. Clarifies that small purchase procedures include the procurement of construction and that any such procedures shall not waive compliance with the Uniform State Building Code. The bill also increases contract amounts for job order contracting and provides that (i) order splitting with the intent of keeping a job order under the maximum dollar amounts prescribed is prohibited, (ii) no public body shall issue or use a job order solely for the purpose of providing professional architectural or engineering services that constitute the practice of architecture or the practice of engineering; however, professional architectural or engineering services may be included on a job order where such professional services are (a) incidental and directly related to the job and (b) no more than 25 percent of the construction cost, not to exceed $60,000, and (iii) job order contracting shall not be used for construction, maintenance, or asset management services for a highway, bridge, tunnel, or overpass. The bill removes the provision that allows a public body to discuss nonbinding estimates of total project costs, life-cycle costing, and, where appropriate, nonbinding estimates of price for services. The bill provides that negotiations may be held on proposed terms and conditions set out in the Request for Proposal. The bill also clarifies the provisions of the VPPA related to cooperative procurement and requires that by October 1, 2017, the Department of Small Business and Supplier Diversity; public institutions of higher education having level 2 or 3 authority under the Restructured Higher Education Financial and Administrative Operations Act of 2005; any state agency utilizing job order contracting; and the Virginia Association of Counties, the Virginia Municipal League, and the Virginia Association of Governmental Purchasing, on behalf of local public bodies working cooperatively, report their respective experiences and findings relating to (1) the appropriateness and effectiveness of job order contracting in general, (2) the project cost limitations set forth in subsections B and D of 2.2-4303.1 as added by this bill, and (3) the architectural and professional engineering term contract limits set forth in 2.2-4303.1 to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology. The bill further provides that its provisions shall not apply to any solicitation issued or contract awarded before July 1, 2015, except that the provisions of subsection B of 2.2-4303.2, as added by this bill, shall apply to any renewal of a job order contract. The bill contains numerous technical amendments. Read the Bill »


Bill Has Failed


01/06/2015Prefiled and ordered printed; offered 01/14/15 15102721D
01/06/2015Referred to Committee on General Laws
01/15/2015Assigned GL sub: Subcommittee #2
01/27/2015Impact statement from DPB (HB1540)
01/29/2015Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
01/29/2015Subcommittee recommends referring to Committee on Appropriations
02/03/2015Reported from General Laws with substitute (20-Y 0-N) (see vote tally)
02/03/2015Committee substitute printed 15104000D-H1
02/03/2015Referred to Committee on Appropriations
02/06/2015Subcommittee recommends reporting (7-Y 0-N)
02/06/2015Assigned App. sub: General Government & Capital Outlay
02/06/2015Impact statement from DPB (HB1540H1)
02/06/2015Subcommittee recommends reporting (4-Y 3-N)
02/06/2015Reported from Appropriations with amendments (17-Y 3-N) (see vote tally)
02/07/2015Read first time
02/09/2015Impact statement from DHCD (HB1540H1)
02/09/2015Read second time
02/09/2015Committee substitute agreed to 15104000D-H1
02/09/2015Committee amendments agreed to
02/09/2015Engrossment refused by House
02/09/2015Engrossment reconsidered by House


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 10 minutes.