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. Amends § 2.2-4306, § 2.2-4307, § 2.2-4308, § 2.2-4343, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/09/2017Prefiled and ordered printed; offered 01/11/17 17102128D
01/09/2017Referred to Committee on General Laws and Technology
01/30/2017Rereferred from General Laws and Technology (15-Y 0-N) (see vote tally)
01/30/2017Rereferred to Finance
01/30/2017Impact statement from DPB (SB1129)
02/02/2017Reported from Finance with substitute (15-Y 0-N) (see vote tally)
02/02/2017Committee substitute printed 17104872D-S1
02/03/2017Constitutional reading dispensed (38-Y 0-N 1-A) (see vote tally)
02/06/2017Read second time
02/06/2017Reading of substitute waived
02/06/2017Committee substitute agreed to 17104872D-S1
02/06/2017Engrossed by Senate - committee substitute SB1129S1
02/06/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/06/2017Passed Senate (40-Y 0-N) (see vote tally)
02/08/2017Placed on Calendar
02/08/2017Read first time
02/08/2017Referred to Committee on General Laws
02/14/2017Impact statement from DPB (SB1129S1)
02/14/2017Reported from General Laws with substitute (22-Y 0-N) (see vote tally)
02/14/2017Committee substitute printed 17105414D-H1
02/15/2017Impact statement from DPB (SB1129H1)
02/16/2017Read second time
02/17/2017Read third time
02/17/2017Committee substitute agreed to 17105414D-H1
02/17/2017Engrossed by House - committee substitute SB1129H1
02/17/2017Passed House with substitute BLOCK VOTE (99-Y 0-N)
02/17/2017VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/21/2017House substitute rejected by Senate (1-Y 39-N) (see vote tally)
02/22/2017House insisted on substitute
02/22/2017House requested conference committee
02/23/2017Senate acceded to request (40-Y 0-N) (see vote tally)
02/23/2017Conferees appointed by Senate
02/23/2017Senators: Ruff, DeSteph, Surovell
02/23/2017Conferees appointed by House
02/23/2017Delegates: Albo, Jones, Torian
02/25/2017C Amended by conference committee
02/25/2017Conference substitute printed 17105865D-S2
02/25/2017Conference report agreed to by Senate (39-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 (SB1129S2)
03/07/2017Enrolled
03/07/2017Bill text as passed Senate and House (SB1129ER)
03/07/2017Impact statement from DPB (SB1129ER)
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 704 (effective 7/1/17)
03/24/2017G 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.

Duplicate Bills

The following bills are identical to this one: HB2366.