(Procure) Public Procurement
HB 887 Virginia Public Procurement Act; requirements for use of construction management.Chief patron: Albo Summary as introduced: 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.
02/04/16 House: Impact statement from DPB (HB887) HB 1282 Boycott, Divestment and Sanctions (BDS) movement; SCT to work with Virginia-Israel Advisory Board.Chief patron: Hugo Summary as passed House: That the Secretary of Commerce and Trade; the Virginia-Israel Advisory Board;issues related to the Boycott, Divestment and Sanctions movement (BDS). Requires the Secretary of Commerce and Trade shall work with the Virginia-Israel Advisory Board to implement practices that will ensure free, fair, open, and consistent business practices related to the Boycott, Divestment and Sanctions movement (BDS) and how such movement could affect existing Virginia businesses and Virginia's ability to attract new investment and jobs to the Commonwealth.
02/17/16 Senate: Constitutional reading dispensed HB 1693 Virginia Public Procurement Act; contracts for architectural and engineering services.Chief patron: Collins Summary as passed House: Virginia Public Procurement Act; contracts for architectural and engineering services relating to multiple construction projects; maximum fee for any single project. Increases the maximum permissible fee for any single project encompassed in a contract for architectural or professional engineering services relating to multiple construction projects from $100,000 to $150,000.
02/17/17 Senate: Reported from Courts of Justice (14-Y 0-N) HB 1808 Virginia Public Procurement Act; use of best value contracting.Chief patron: Bell, John J. Summary as introduced:
01/09/17 House: Referred to Committee on General Laws HB 1880 Virginia Public Procurement Act; competitive negotiation for professional services.Chief patron: Bell, John J. Summary as introduced:
01/10/17 House: Referred to Committee on General Laws HB 2017 Virginia Public Procurement Act; bid, performance, and payment bonds, waiver by localities.Chief patron: Villanueva Summary as passed House: Virginia Public Procurement Act; bid, performance, and payment bonds; waiver by localities. Authorizes a locality to waive bid, performance, and pay bonds for nontransportation-related construction contracts in excess of $100,000 but less than $500,000 without having to undertake a prequalification process for bidders with a current Class A contractor license. The bill prohibits localities from entering into more than 10 such contracts per year in which the bidder's prequalification requirement has been waived. The bill contains technical amendments.
01/31/17 Senate: Referred to Committee on General Laws and Technology HB 2081 General Services, Department of; central electronic procurement website.Chief patron: Webert Summary as introduced:
01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17102685D HB 2096 Virginia Industries for the Blind; exempted from certain procurements.Chief patron: Price Summary as introduced:
02/20/17 House: Enrolled HB 2122 Virginia Public Procurement Act; cooperative procurement for construction projects.Chief patron: Keam Summary as introduced:
01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17102404D HB 2170 Virginia Public Procurement Act; utilization of cooperative procure for construction.Chief patron: Simon Summary as introduced:
01/11/17 House: Prefiled and ordered printed; offered 01/11/17 17103768D HB 2366 Virginia Public Procurement Act; requirements for use of construction management contracts.Chief patron: Albo Summary as passed House: Virginia Public Procurement Act; requirements for use of construction management contracts. Restricts the use of construction management procurements by public bodies, to include state public bodies, covered institutions as defined in the bill, and local public bodies, unless (i) the total estimated contract value is $10 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 critical basis for award of the contract. The bill provides that for projects where the total estimated contract value is not expected to exceed $10 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 a complex project as defined in the bill. In addition, public bodies seeking to use construction management for projects where the total estimated contract value is not expected to exceed $10 million must also obtain written approval from the local governing body for local public bodies or from the Director of the Department of General Services for state public bodies and covered institutions. The bill also requires all such public bodies and covered institutions to (i) 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 and (ii) report no later than November 1 of each year to the Director of the Department of General Services information on all completed capital project in excess of $2 million, (a) the project budget, (b) the actual project cost. (c) the expected timeline, (d) the actual completion time, and (e) any post-project issues. The bill provides that the Virginia Public Procurement Act (VPPA) still applies; provided however that in the event of any conflict by the VPPA or other provision of law with the new law on construction management and design-build, the latter shall control.
02/21/17 Senate: Engrossed by Senate - committee substitute HB2366S1 HB 2392 Virginia Public Procurement Act; preferred procurement method for construction.Chief patron: James Summary as introduced:
01/18/17 House: Referred to Committee on General Laws HB 2396 Virginia Public Procurement Act; participation of employment services organizations.Chief patron: Hope Summary as passed House: Virginia Public Procurement Act; SWaM goals. Provides that contracts and subcontracts awarded to employment services organizations shall be credited toward the small business, women-owned, and minority-owned (SWaM) business contracting and subcontracting goals of state agencies and contractors.. Under current law, such contracts are credited only to a contractor's SWaM goals.
02/20/17 House: Enrolled HB 2420 Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.Chief patron: Ward Summary as introduced:
01/19/17 House: Presented and ordered printed 17103911D HB 2437 Virginia Public Procurement Act; use of best value contracting.Chief patron: Davis Summary as introduced:
01/20/17 House: Referred to Committee on General Laws HJ 674 Study; Virginia Public Procurement Act; report.Chief patron: Massie Summary as introduced:
01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17102765D SB 586 Virginia Public Procurement Act; requirements for use of construction management.Chief patron: Ruff Summary as introduced: 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.
01/13/16 Senate: Referred to Committee on General Laws and Technology SB 1129 Virginia Public Procurement Act; requirements for use of construction management contracts.Chief patron: Ruff Summary as passed Senate: Virginia Public Procurement Act; requirements for use of construction management contracts. Establishes a statewide policy for governmental procurement of construction management and design-build contracting procurement methods. The bill restricts the use of construction management and design-build contracting procurements by public bodies to projects with an estimated project cost that is expected to be greater than $25 million but may be used when the estimated project cost is expected to be less than $25 million, provided that the project is a complex project that has been approved in writing by the Department of General Services for state public bodies, the contact officer for covered institutions of higher education, and the local governing body for local public bodies. Additional requirements for the use of construction management and design-build contracting procurements include the following: (i) a written determination must be provided stating that competitive sealed bidding is not practical or fiscally advantageous, (ii) a public notice of the Request for Qualifications must be posted on the Department of General Services' central electronic procurement website at least 30 days prior to the date set for receipt of qualification proposals, (iii) the contract must be entered into prior to the schematic phase of design, (iv) prior alternative procurement method experience cannot be required as a prerequisite for an award, (v) procedures must allow for a two-step competitive negotiation process, and (vi) price must be a critical basis for award of the contract. In addition, the bill requires that construction management contracts provide that no more than 10 percent of the construction work be performed by the construction manager and that the remaining construction work be performed by subcontractors. The bill establishes a procedure to appeal a public body's determination to procure construction on a construction management or design-build basis when the estimated project cost is expected to be less than $25 million. For determinations made by state public bodies, the appeal is made to the Department of General Services, for covered institutions the appeal is made to the contracting officer of the institution, and for local public bodies, the appeal is made to the chief executive officer of the locality. The bill also defines "complex project" and "covered institution" and contains reporting requirements regarding the use of construction management and design-build contracting procurements by all public bodies.
02/17/17 House: Passed House with substitute BLOCK VOTE (99-Y 0-N) SB 1226 Virginia Freedom of Information Act; proprietary records and trade secrets.Chief patron: Edwards Summary as introduced:
02/21/17 House: Engrossed by House - committee substitute SB1226H1 SB 1275 Va. Public Procurement Act; use of best value contracting, construction and professional services.Chief patron: Ebbin Summary as introduced:
01/10/17 Senate: Prefiled and ordered printed; offered 01/11/17 17103635D SB 1334 Virginia Public Procurement Act; small business enhancement program, limitations.Chief patron: Ruff Summary as introduced:
02/16/17 House: Reported from General Laws (19-Y 0-N) SB 1508 Virginia Public Procurement Act; architectural and professional engineering term contracts.Chief patron: Cosgrove Summary as passed Senate: Virginia Public Procurement Act; architectural and professional engineering term contracting; limitations on project fees; certain school divisions. Includes a school division in a locality with a population in excess of 78,000 under the exception from (i) the $100,000 single-project fee limit for architectural and professional engineering term contracts and (ii) the $ 1 million annual aggregate total of all such projects. Under the bill, such school divisions may pay a single-project fee of up to $2.5 million and an annual aggregate of $6 million.
02/16/17 House: Reported from General Laws (22-Y 0-N) SB 1528 Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.Chief patron: Locke Summary as introduced:
01/20/17 Senate: Presented and ordered printed 17103981D SB 1538 Virginia Public Procurement Act; participation of employment services organizations.Chief patron: Hanger Summary as introduced:
02/17/17 House: Passed House BLOCK VOTE (99-Y 0-N) SB 1548 Virginia Public Procurement Act; public body may purchase from contract of Va. Sheriffs' AssociationChief patron: Reeves Summary as introduced:
02/14/17 House: Subcommittee recommends reporting (6-Y 1-N) Counts: HB: 15 HJ: 1 SB: 9 |