Virginia Public Procurement Act; requirements for use of construction management. (HB887)

Introduced By

Del. Dave Albo (R-Springfield) with support from co-patrons Del. Buddy Fowler (R-Ashland), Del. Chris Peace (R-Mechanicsville), and Del. Chris Stolle (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Public Procurement Act; requirements for use of construction management. Restricts the use of construction management procurements by public bodies unless (i) the total project cost is $50 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) construction management experience is not required or considered as part of the award, (v) price is the primary determining factor for award of the contract, and (vi) proposers provide for the participation of small, women-owned, and minority-owned businesses in the project. The bill provides that for projects where the total project cost is not expected to exceed $50 million, a public body may use competitive negotiation to procure construction on a construction management basis if (i) the above requirements are met; (ii) the project is (a) of substantial historical value or interest or (b) significantly unique or extremely complex in nature; (iii) prior to any solicitation for such project, the public body notifies in writing the Director of the Department of General Services in the case of state public bodies, or the local governing body in the case of a local public body, of its intent to procure construction on a construction management basis; and (iv) the Director of the Department of General Services or the local governing body, as the case may be, makes a finding that the public body is in compliance with the requirements of this subsection, which finding shall be on a per project basis and shall be in writing. The findings for state public bodies shall be made by the Director under existing regulations and guidelines established by the Department of General Services. In addition, the bill defines "public body" for the purposes of the use of construction management for construction to include (i) public institutions of higher education that have executed a valid management agreement under the Restructured Higher Education Financial and Administrative Operations Act of 2005 (§ 23-38.88 et seq.) and (ii) localities and school divisions that were previously exempt based on the adoption of alternative policies and procedures based on competitive principles and generally applicable to procurement of goods and services by the locality or school division. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/12/2016Prefiled and ordered printed; offered 01/13/16 16103921D
01/12/2016Referred to Committee on General Laws
01/18/2016Assigned GL sub: Subcommittee #2
02/04/2016Impact statement from DPB (HB887)
02/04/2016Committee substitute printed to Web only 16105171D-H1
02/04/2016Subcommittee recommends continuing to 2017
02/09/2016Continued to 2017 in General Laws
12/01/2016Left in General Laws

Duplicate Bills

The following bills are identical to this one: SB586.