SB 18

Abstract

Virginia Public Procurement Act; construction management and design-build contracting. Requires state public bodies, covered institutions, and local public bodies to provide documentation of the processes used for the final selection of a construction contract to all the unsuccessful applicants upon request. The bill adds certain requirements for covered institutions, including posting all documents that are open to public inspection exchanged between the Department of General Services and the covered institution on the central electronic procurement website eVA. The bill requires approval by a majority vote of the covered institution's board of visitors or governing board if the covered institution chooses to proceed with construction management or design-build against the recommendation of the Department for (i) projects funded by funds other than those provided from the state general fund or (ii) projects of $65 million or more funded in whole or in part from state general funds. For projects under $65 million funded in whole or in part by state general funds, the bill provides that the covered institution shall obtain approval from the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, or their designees, and a representative of the Department.The bill requires a local public body to adopt a resolution or motion to use construction management or design-build, if required by its local governing body, prior to issuing a Request for Qualifications and to publish notice of such resolution or motion on its website or eVA. The bill provides that the Department shall report annually, for any construction management or design-build project, on the qualifications that made such project complex. Finally, the bill requires the Department, with the assistance of staff of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, to assess the implementation and administration of construction management and design-build projects and report its findings and recommendations to the General Assembly by November 1, 2029. This bill incorporates SB 249 and is identical to HB 1108.

Virginia Public Procurement Act; construction management and design-build contracting. Limits the use of construction management or design-build contracts by state public bodies and covered institutions for complex projects. The bill requires state public bodies, covered institutions, and local public bodies to provide documentation of the processes used for the final selection of a contract to all the unsuccessful applicants upon request. The bill adds certain requirements for covered institutions, including posting all documents that are open to public inspection exchanged between the Department of General Services and the covered institution on the central electronic procurement website eVA. The bill requires approval by the covered institution's board of visitors or governing board if the covered institution chooses to proceed with construction management or design-build against the recommendation of the Department if the project is funded by funds other than those provided from the state general fund and, if the project is funded by funds from the state general fund and over $65 million, secure approval by a two-thirds vote of all board members. The bill requires a local public body to adopt a resolution or motion to use construction management or design-build, if required by its local governing body, prior to issuing a Request for Qualifications and to publish notice of such resolution or motion on its website or eVA. The bill provides that the Department shall report annually, for any construction management or design-build project, on the qualifications that made such project complex. Finally, the bill requires the Department, with the assistance of staff of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, assess implementation of construction management and design-build projects and report its findings and recommendations to the General Assembly by November 1, 2029. This bill incorporates SB 249.

Virginia Public Procurement Act; constructionmanagement and design-build contracting; applicability. Statesthat design-bid-build, defined in the bill, utilizing competitivesealed bidding is the preferred method of procurement for constructionservices in the Commonwealth. Complex projects, defined in the bill,may request an exemption from the provisions of the bill and relevantlaw from the Division of Engineering and Buildings of the Departmentof General Services. The bill requires all documents related to theproposed use of construction management or design-build by state public bodies and institutions of higher education and any available subcontractor opportunities to be posted on eVA. The bill transfersfrom the Department of General Services to the Division of Engineeringand Buildings the authority to evaluate the proposed use of constructionmanagement or design-build by state public bodies and institutions of higher education and specifies that a local governing body mustapprove at a public meeting the use of construction management ordesign-build by a local public body. Finally, the bill prohibits state public bodies, institutions of higher education, and local governing bodies from considering prior construction management or design-build experience of contractors on comparable projects.