Va. Public Procurement Act; construction contracts, requirement to submit list of subcontractors. (HB2288)

Introduced By

Del. Angelia Williams Graves (D-Norfolk) with support from co-patrons Del. Nancy Guy (D-Virginia Beach), Del. Paul Krizek (D-Alexandria), Del. Mark Levine (D-Alexandria), and Del. Shelly Simonds (D-Newport News)

Progress

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

Description

Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontractors. Requires bidders or offerors on contracts for construction of $250,000 or more to submit along with their bid or proposal a list of all subcontractors, regardless of tier, that the bidder or offeror intends at the time of submitting the bid or proposal to use on the contract to perform work valued at $50,000 or more, including labor and materials. The bill requires such list to include certain information about each contractor. The bill also requires the bidder or offeror to submit (i) a statement declaring that the bidder or offeror has reviewed the qualifications and performance history of each subcontractor and found such qualifications and performance history to be sufficient to qualify the subcontractor to perform the subcontract work and (ii) a statement indicating that the bidder or offeror has received a written statement from each subcontractor verifying that such subcontractor (a) has not defaulted on any projects within the last three years, (b) is not currently suspended or disbarred by any public body, and (c) is not currently in bankruptcy. The bill allows the public body to disqualify any listed subcontractors, but requires the public body to notify the bidder or offeror of such disqualification and allow the bidder or offeror reasonable time to find a qualified replacement. The bill provides that any bidder or offeror that does not submit the required list and statements may have its bid or proposal disqualified, and any bidder or offeror that is found to have knowingly provided false information pursuant to this section shall be debarred from contracting with any public body for a period of up to one year. The bill requires compliance with its provisions for bids or offers on contracts for construction of $250,000 or more with localities with a population in excess of 50,000, but provides that compliance is optional for bids or offers on contracts for construction of $250,000 or more with any other locality. The provisions of this bill do not become effective unless reenacted by the 2022 Session of the General Assembly. Read the Bill »

Status

08/05/2021: Awaiting a Vote in the General Laws and Technology Committee

History

DateAction
01/15/2021Presented and ordered printed 21102207D
01/15/2021Referred to Committee on General Laws
01/22/2021Impact statement from DPB (HB2288)
01/24/2021Assigned GL sub: Open Government/Procurement
01/26/2021Subcommittee recommends reporting with amendments (5-Y 3-N)
01/28/2021Reported from General Laws with substitute (13-Y 9-N) (see vote tally)
01/28/2021Committee substitute printed 21103976D-H1
01/28/2021Referred to Committee on Appropriations
01/29/2021Assigned App. sub: Compensation & General Government
02/01/2021Impact statement from DPB (HB2288H1)
02/01/2021House subcommittee amendments and substitutes offered
02/01/2021Subcommittee recommends reporting with amendments (5-Y 3-N)
02/01/2021Reported from Appropriations with amendment(s) (13-Y 9-N) (see vote tally)
02/02/2021Read first time
02/03/2021Read second time
02/03/2021Committee on General Laws substitute agreed to 21103976D-H1
02/03/2021Committee on Appropriations amendment agreed to
02/03/2021Engrossed by House - committee substitute with amendment HB2288EH1
02/03/2021Printed as engrossed 21103976D-EH1
02/04/2021Impact statement from DPB (HB2288EH1)
02/04/2021Read third time and passed House (53-Y 45-N)
02/04/2021VOTE: Passage (53-Y 45-N) (see vote tally)
02/05/2021Constitutional reading dispensed
02/05/2021Referred to Committee on General Laws and Technology
02/05/2021Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N) (see vote tally)
02/17/2021Senate committee, floor amendments and substitutes offered
02/17/2021Reported from General Laws and Technology with amendment (8-Y 4-N) (see vote tally)
02/19/2021Constitutional reading dispensed (32-Y 0-N)
02/22/2021Read third time
02/22/2021Reading of amendment waived
02/22/2021Committee amendment agreed to
02/22/2021Engrossed by Senate as amended
02/22/2021Passed Senate with amendment (21-Y 18-N)
02/23/2021VOTE: Agree To (0-Y 97-N)
02/23/2021Placed on Calendar
02/23/2021Senate amendment rejected by House (0-Y 97-N)
02/23/2021VOTE: REJECTED (0-Y 97-N)
02/24/2021Senate insisted on amendment (39-Y 0-N)
02/24/2021Senate requested conference committee
02/25/2021House acceded to request
02/25/2021Conferees appointed by House
02/25/2021Delegates: Williams-Graves, Krizek, Morefield
02/25/2021Conferees appointed by Senate
02/25/2021Senators: McPike, Stuart, Lewis
03/01/2021No further action taken
03/01/2021Failed to pass