Virginia Public Procurement Act; requirements for use of construction management contracts. (HB2366)
Introduced By
Del. Dave Albo (R-Springfield) with support from co-patron Del. Steve Landes (R-Weyers Cave)
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 |
---|---|
01/16/2017 | Committee |
01/16/2017 | Presented and ordered printed 17103910D |
01/16/2017 | Referred to Committee on General Laws |
01/23/2017 | Assigned GL sub: Subcommittee #2 |
01/30/2017 | Impact statement from DPB (HB2366) |
01/31/2017 | Subcommittee recommends reporting with substitute (7-Y 0-N) |
01/31/2017 | Subcommittee recommends referring to Committee on Appropriations |
02/02/2017 | Reported from General Laws with substitute (20-Y 0-N) (see vote tally) |
02/02/2017 | Committee substitute printed 17105020D-H1 |
02/02/2017 | Referred to Committee on Appropriations |
02/03/2017 | Assigned App. sub: General Government & Capital Outlay |
02/03/2017 | Subcommittee recommends reporting with substitute (6-Y 0-N) |
02/03/2017 | Reported from Appropriations with substitute (20-Y 0-N) (see vote tally) |
02/03/2017 | Committee substitute printed 17105128D-H2 |
02/04/2017 | Read first time |
02/06/2017 | Committee substitute rejected 17105020D-H1 |
02/06/2017 | Committee substitute agreed to 17105128D-H2 |
02/06/2017 | Read second time |
02/06/2017 | General Laws Committee substitute rejected 17105020D-H1 |
02/06/2017 | Appropriations Committee substitute agreed to 17105128D-H2 |
02/06/2017 | Engrossed by House - committee substitute HB2366H2 |
02/07/2017 | Read third time and passed House BLOCK VOTE (97-Y 0-N) |
02/07/2017 | VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally) |
02/08/2017 | Constitutional reading dispensed |
02/08/2017 | Referred to Committee on General Laws and Technology |
02/13/2017 | Impact statement from DPB (HB2366H2) |
02/13/2017 | Committee substitute printed 17105412D-S1 |
02/13/2017 | Reported from General Laws and Technology with substitute (15-Y 0-N) (see vote tally) |
02/13/2017 | Rereferred to Finance |
02/15/2017 | Impact statement from DPB (HB2366S1) |
02/16/2017 | Reported from Finance (12-Y 0-N) (see vote tally) |
02/20/2017 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/21/2017 | Read third time |
02/21/2017 | Amendments by Senator Ruff withdrawn |
02/21/2017 | Reading of substitute waived |
02/21/2017 | Committee substitute agreed to 17105412D-S1 |
02/21/2017 | Engrossed by Senate - committee substitute HB2366S1 |
02/21/2017 | Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally) |
02/21/2017 | Passed Senate with substitute (40-Y 0-N) (see vote tally) |
02/22/2017 | Placed on Calendar |
02/22/2017 | Senate substitute rejected by House 17105412D-S1 (0-Y 100-N) |
02/22/2017 | VOTE: REJECTED (0-Y 100-N) (see vote tally) |
02/23/2017 | Senate insisted on substitute (40-Y 0-N) (see vote tally) |
02/23/2017 | Senate requested conference committee |
02/23/2017 | House acceded to request |
02/23/2017 | Conferees appointed by House |
02/23/2017 | Delegates: Albo, Jones, Torian |
02/23/2017 | Conferees appointed by Senate |
02/23/2017 | Senators: Ruff, DeSteph, Surovell |
02/25/2017 | Conference substitute printed 17105860D-H3 |
02/25/2017 | Conference report agreed to by Senate (40-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 (HB2366H3) |
03/07/2017 | Enrolled |
03/07/2017 | Bill text as passed House and Senate (HB2366ER) |
03/07/2017 | Impact statement from DPB (HB2366ER) |
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 699 (effective 7/1/17) |
03/24/2017 | G Acts of Assembly Chapter text (CHAP0699) |
Video
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 6 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
CONTINUING WITH THE CALENDAR, PAGE 29, HOUSE BILL 1845. A BILL TO AMEND AND REENACT A SECTION OF THE CODE RELATING TO THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES, MODEL ADDICTION RECOVERY PROGRAMS, JAIL. BILL ORIGINALLY PASSED THE HOUSE FEBRUARY 7, SUBSEQUENTLY PASSED THE SENATE WITH AMENDMENT WHICH IS BEFORE THE BODY.Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM COLONIAL HEIGHTS, MR. COX.
Del. Kirk Cox (R-Colonial Heights): THANK YOU, MR. SPEAKER. THIS UNFORTUNATELY HAS THE CLAUSE ON IT, SO I AM GOING TO ASK THE HOUSE TO REJECT THE SENATE AMENDMENT.
Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENT BE ACCEPTED. THE CLERK WILL CLOSE THE ROLL.
Del. Kirk Cox (R-Colonial Heights): AYES ZERO, NO'S 99.
[Unknown]: AYES ZERO, NO'S 99. THE SENATE AMENDMENT IS TURNING TO PAGE 30 OF THE REJECTED. PRINTED CALENDAR, CONTINUING HOUSE BILLS SENATE AMENDMENTS, HOUSE BILL 1974, A BILL TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO RECEIVE APPROVAL FROM THE GENERAL ASSEMBLY FOR A STATE PLAN TO REGULATE CARBON DIOXIDE EMISSIONS FROM EXISTING STATIONARY SOURCES
Members, please take your seats.