Virginia Public Procurement Act; requirements for use of construction management contracts. (SB1129)
Introduced By
Sen. Frank Ruff (R-Clarksville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Virginia Public Procurement Act; requirements for use of construction management contracts. Restricts the use of construction management procurements by public bodies unless (i) the total estimated contract value is $40 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) prior alternative procurement method experience is not required as a prerequisite for an award, and (v) price is the primary determining factor for award of the contract. The bill provides that for projects where the total estimated contract value is not expected to exceed $40 million, a public body may use competitive negotiation to procure construction on a construction management basis if the above requirements are met and the project is of substantial historical value or significantly unique or complex in nature. In addition, public bodies seeking to use construction management for projects where the total estimated contract value is not expected to exceed $40 million must also obtain a written finding of compliance from the local governing body for local public bodies, from the Director of the Department of General Services for certain state public bodies, and from the respective contracting officer for public institutions of higher education designated with Tier 3 procurement authority. The bill also (i) establishes a procedure to appeal a public body's determination to procure construction on a construction management basis, (ii) prohibits combining multiple construction projects for the purpose of exceeding the $40 million threshold, (iii) requires public bodies to make available to the public, after award, all prequalification score sheets, award score sheets, and selection information for each project, (iv) establishes reporting requirements regarding the use of construction management by state public bodies, (v) directs the Auditor of Public Accounts to include, as part of his annual audit plan, a determination regarding whether a public institution of higher education designated with Tier 3 procurement authority is in compliance with the institution's internal review process in the selection of procurement method for construction, and (vi) requires all state public bodies to post on the central electronic procurement website of the Department of General Services approved projects and approved procurement methods for construction at least 30 days prior to soliciting for design services for such construction projects. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/09/2017 | Prefiled and ordered printed; offered 01/11/17 17102128D |
01/09/2017 | Referred to Committee on General Laws and Technology |
01/30/2017 | Rereferred from General Laws and Technology (15-Y 0-N) (see vote tally) |
01/30/2017 | Rereferred to Finance |
01/30/2017 | Impact statement from DPB (SB1129) |
02/02/2017 | Reported from Finance with substitute (15-Y 0-N) (see vote tally) |
02/02/2017 | Committee substitute printed 17104872D-S1 |
02/03/2017 | Constitutional reading dispensed (38-Y 0-N 1-A) (see vote tally) |
02/06/2017 | Read second time |
02/06/2017 | Reading of substitute waived |
02/06/2017 | Committee substitute agreed to 17104872D-S1 |
02/06/2017 | Engrossed by Senate - committee substitute SB1129S1 |
02/06/2017 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/06/2017 | Passed Senate (40-Y 0-N) (see vote tally) |
02/08/2017 | Placed on Calendar |
02/08/2017 | Read first time |
02/08/2017 | Referred to Committee on General Laws |
02/14/2017 | Impact statement from DPB (SB1129S1) |
02/14/2017 | Reported from General Laws with substitute (22-Y 0-N) (see vote tally) |
02/14/2017 | Committee substitute printed 17105414D-H1 |
02/15/2017 | Impact statement from DPB (SB1129H1) |
02/16/2017 | Read second time |
02/17/2017 | Read third time |
02/17/2017 | Committee substitute agreed to 17105414D-H1 |
02/17/2017 | Engrossed by House - committee substitute SB1129H1 |
02/17/2017 | Passed House with substitute BLOCK VOTE (99-Y 0-N) |
02/17/2017 | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally) |
02/21/2017 | House substitute rejected by Senate (1-Y 39-N) (see vote tally) |
02/22/2017 | House insisted on substitute |
02/22/2017 | House requested conference committee |
02/23/2017 | Senate acceded to request (40-Y 0-N) (see vote tally) |
02/23/2017 | Conferees appointed by Senate |
02/23/2017 | Senators: Ruff, DeSteph, Surovell |
02/23/2017 | Conferees appointed by House |
02/23/2017 | Delegates: Albo, Jones, Torian |
02/25/2017 | C Amended by conference committee |
02/25/2017 | Conference substitute printed 17105865D-S2 |
02/25/2017 | Conference report agreed to by Senate (39-Y 0-N) (see vote tally) |
02/25/2017 | Conference report agreed to by House (95-Y 0-N) |
02/25/2017 | VOTE: ADOPTION (95-Y 0-N) (see vote tally) |
03/01/2017 | Impact statement from DPB (SB1129S2) |
03/07/2017 | Enrolled |
03/07/2017 | Bill text as passed Senate and House (SB1129ER) |
03/07/2017 | Impact statement from DPB (SB1129ER) |
03/07/2017 | Signed by Speaker |
03/10/2017 | Signed by President |
03/13/2017 | Enrolled Bill Communicated to Governor on 3/13/17 |
03/13/2017 | G Governor's Action Deadline Midnight, March 27, 2017 |
03/24/2017 | G Approved by Governor-Chapter 704 (effective 7/1/17) |
03/24/2017 | G Acts of Assembly Chapter text (CHAP0704) |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 38 seconds.
Transcript
This is a transcript of the video clips in which this bill is discussed.
A BILL TO AMEND AND REENACT TWO SECTIONS OF THE ROAD RELATING TO COMMUNITY SERVICE BOARD AND BEHAVIORAL HEALTH AUTHORITY. SERVICES TO BE PROVIDED. THE BILL IS PORT ERREPORTED FROM THE COMMITTEE ON HEALTH, WELFARE AND INSTITUTIONS WITH A SUBSTITUTE. MR. FAIRLEY. I MOVE THE ADOPTION OF THE COMMITTEE SUBSTITUTE. AS MANY AS FAVOR THAT MOTION. THE SUBSTITUTE IS AGREED TO. THE GENTLEMAN FROM HENRICO. WITH THE SUBSTITUTE, THIS BILL NOW BECOMES IDENTICAL TO MY HOUSE BILL 1549.