Contracts

Passed

HB139
Public Procurement Act; exemptions. Exempts the Jamestown-Yorktown Foundation from the Public procurement Act. The bill authorizes the Jamestown-Yorktown Foundation to enter into contracts without competitive sealed bidding or competitive negotiation for the promotion of tourism through marketing, provided a demonstrable cost savings can be realized by the Foundation and such contracts are based on competitive principles.
Patron - Dickinson

HB276
Procurement; information technology. Encourages public bodies to strive to solicit goods and nonprofessional services of responsible bidders or offerors located in Virginia to remediate computer problems associated with the "Year 2000" date change. The bill is a recommendation of the Joint Commission on Technology and Science. This bill has a sunset of January 1, 2001.
Patron - Bennett

HB532
Powers of attorney. Provides that an affidavit executed by the person holding the power of attorney that the power of attorney has not been revoked or terminated is conclusive proof of nonrevocation or nontermination in an action by or against a third party, unless the third party had actual knowledge to the contrary. Under current law, a third party may not rely on such an affidavit if fraud is involved, but the statute is unclear as to whose fraud and when such fraud would have to be discovered.
Patron - Clement

HB850
Public Procurement Act; ineligibility to participate in public contracts; legal actions. Requires a public body to announce its bid estimate at the opening of bid. The bill also (i) places conditions on a public body's ability to reject all bids, (ii) requires a public body to notify a bidder when the public body proposes to declare a bidder ineligible and allows the bidder to submit rebuttal information (this process mirrors the requirements for determination of nonresponsibility), and (iii) makes the remedy for determinations of nonresponsibility and determinations of ineligibility of a bidder to participate in public contracts the same body.
Patron - Diamonstein

HB1236
Contracts; Public Procurement Act. Prohibits the Comptroller from being named as a defendant in an action brought under the Public Procurement Act unless the dispute involves a contract of the Comptroller or the Office of Accounts.
Patron - Cantor

HB1237
Local governments. Provides that local government law relating to buildings, monuments and lands control the acquisition of telecommunications facilities for the operation of wireless enhanced public safety telephone service systems.
Patron - Cantor

SB445
Public Procurement Act; exemptions. Authorizes the Jamestown-Yorktown Foundation to enter into contracts with private entities without competitive sealed bidding or competitive negotiation for the promotion of tourism through marketing provided a demonstrable cost savings, as reviewed by the Secretary of Education, can be realized by the Foundation and such contracts are based on competitive principles.
Patron - Norment

SB454
Public Procurement Act; Design-Build/Construction Management Review Board; membership. Adds the requirement that appointees to the Design-Build/Construction Management Review Board are actively engaged in the design-build construction management business. The bill clarifies that it does not affect existing appointments whose terms have not expired.
Patron - Wampler

SB469
Public Procurement Act; Chesapeake Hospital Authority. Exempts the Chesapeake Hospital Authority from the requirements of the Public Procurement Act. The bill provides that the Authority shall not discriminate on the basis of race, color, religion, national origin, sex, pregnancy, child birth or related medical conditions, age, marital status, or disability in the procurement of goods and services.
Patron - Quayle

SB542
Gaming contracts. Provides that a contract governing the distribution of state lottery proceeds is valid and enforceable as between the parties.
Patron - Hanger

Failed

SB368
Public Procurement Act; methods of procurement. Increases from $500,000 to $1,000,000 the amount for which a public body may use competitive negotiation for the procurement of alterations, repairs or demolition of public buildings instead of competitive sealed bidding.
Patron - Reynolds

Carried Over

HB971
Contracts; Public-Private Infrastructure Partnership. Authorizes any executive branch agency or department of state government or any local governing body to enter into public-private partnerships for the design, construction and operation of "infrastructure systems and facilities," which is defined in the bill.
Patron - Purkey

HB983
Public Procurement Act; debarment for willful OSHA violations. Prohibits prospective contractors who have been cited for willful OSHA violations under § 40.1-49.4 within one year preceding the issuance of a Request for Proposal or an Invitation to Bid from bidding on the Request for Proposal or Invitation to Bid. The period of debarment shall expire at the end of (i) three years provided no additional citations for willful violations of § 40.1-49.4 have been issued in that three-year period or (ii) one year provided the contractor establishes a joint management-employee safety and health committee and is not cited for a willful violation of § 40.1-49.4 within that one-year period.
Patron - McEachin

HB1050
Public Procurement Act; Design-Build/Construction Management Review Board; membership. Increases from nine to 11 the members on the Design-Build/Construction Management Review Board by adding two representatives actively engaged in the design-build/construction management business. The bill also increases quorum requirements from five to six, and clarifies that it does not affect existing appointments for which terms have not expired.
Patron - Phillips

HB1275
Public procurement; professional services. Provides that a Request for Proposal related to the procurement of professional services may request that offerors furnish nonbinding estimates. Currently, Requests for Proposals are prohibited from requesting estimates.
Patron - Orrock


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