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

Bill Has Passed

History

DateAction
01/16/2017Committee
01/16/2017Presented and ordered printed 17103910D
01/16/2017Referred to Committee on General Laws
01/23/2017Assigned GL sub: Subcommittee #2
01/30/2017Impact statement from DPB (HB2366)
01/31/2017Subcommittee recommends reporting with substitute (7-Y 0-N)
01/31/2017Subcommittee recommends referring to Committee on Appropriations
02/02/2017Reported from General Laws with substitute (20-Y 0-N) (see vote tally)
02/02/2017Committee substitute printed 17105020D-H1
02/02/2017Referred to Committee on Appropriations
02/03/2017Assigned App. sub: General Government & Capital Outlay
02/03/2017Subcommittee recommends reporting with substitute (6-Y 0-N)
02/03/2017Reported from Appropriations with substitute (20-Y 0-N) (see vote tally)
02/03/2017Committee substitute printed 17105128D-H2
02/04/2017Read first time
02/06/2017Committee substitute rejected 17105020D-H1
02/06/2017Committee substitute agreed to 17105128D-H2
02/06/2017Read second time
02/06/2017General Laws Committee substitute rejected 17105020D-H1
02/06/2017Appropriations Committee substitute agreed to 17105128D-H2
02/06/2017Engrossed by House - committee substitute HB2366H2
02/07/2017Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/07/2017VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/08/2017Constitutional reading dispensed
02/08/2017Referred to Committee on General Laws and Technology
02/13/2017Impact statement from DPB (HB2366H2)
02/13/2017Committee substitute printed 17105412D-S1
02/13/2017Reported from General Laws and Technology with substitute (15-Y 0-N) (see vote tally)
02/13/2017Rereferred to Finance
02/15/2017Impact statement from DPB (HB2366S1)
02/16/2017Reported from Finance (12-Y 0-N) (see vote tally)
02/20/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/21/2017Read third time
02/21/2017Amendments by Senator Ruff withdrawn
02/21/2017Reading of substitute waived
02/21/2017Committee substitute agreed to 17105412D-S1
02/21/2017Engrossed by Senate - committee substitute HB2366S1
02/21/2017Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/21/2017Passed Senate with substitute (40-Y 0-N) (see vote tally)
02/22/2017Placed on Calendar
02/22/2017Senate substitute rejected by House 17105412D-S1 (0-Y 100-N)
02/22/2017VOTE: REJECTED (0-Y 100-N) (see vote tally)
02/23/2017Senate insisted on substitute (40-Y 0-N) (see vote tally)
02/23/2017Senate requested conference committee
02/23/2017House acceded to request
02/23/2017Conferees appointed by House
02/23/2017Delegates: Albo, Jones, Torian
02/23/2017Conferees appointed by Senate
02/23/2017Senators: Ruff, DeSteph, Surovell
02/25/2017Conference substitute printed 17105860D-H3
02/25/2017Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
02/25/2017Conference report agreed to by House (95-Y 0-N)
02/25/2017VOTE: ADOPTION (95-Y 0-N) (see vote tally)
03/01/2017Impact statement from DPB (HB2366H3)
03/07/2017Enrolled
03/07/2017Bill text as passed House and Senate (HB2366ER)
03/07/2017Impact statement from DPB (HB2366ER)
03/07/2017Signed by Speaker
03/10/2017Signed by President
03/13/2017Enrolled Bill communicated to Governor on 3/13/17
03/13/2017G Governor's Action Deadline Midnight, March 27, 2017
03/24/2017G Approved by Governor-Chapter 699 (effective 7/1/17)
03/24/2017G 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.

Duplicate Bills

The following bills are identical to this one: SB1129.