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Contracts

P Passed

P HB399

Public Procurement Act; Design-Build/Construction Management Review Board. Requires the licensed architect or engineer in the employ of or under contract with a public body to assist the public body in evaluating requests for proposals for design-build or construction management contracts. The bill (i) replaces references to the Capital Outlay Manual with the Review Board's regulations, which under the terms of the enabling legislation in 1996, the Review Board was required to adopt ; (ii) clarifies that approval of the Review Board is for the specific project submitted by a public body to the Review Board; and (iii) requires the Review Board to report again on or before December 31, 2002, concerning the Review Board's evaluation of and findings regarding all design-build and construction management construction undertaken by public bodies other than the Commonwealth since July 1, 1996. The bill also contains technical amendments.

Patron - Woodrum

P HB596

Virginia Public Procurement Act; discrimination prohibited. Adds age, disability or any other basis prohibited by state law relating to discrimination in employment to the anti-discrimination statutes in the Virginia Public Procurement Act. As a result, (i) no public body may discriminate against a bidder or offeror on the basis of race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment in the solicitation and award of public contracts and (ii) in all public contracts over $10,000, the contractor must agree not to discriminate against an employee or applicant for employment on the basis of race, religion, color, sex, national origin, age, disability or any other basis prohibited by state law relating to discrimination in employment.

Patron - McQuigg

P HB808

Public Procurement Act; drug-free workplace. Requires all public bodies to include in every contract over $10,000 the following provisions: during the performance of the contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. The bill defines a "drug-free workplace" as a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with the Virginia Public Procurement Act, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

Patron - McDonnell

P HB1046

Virginia Public Procurement Act; thresholds for small purchases and contract modifications. Increases from $30,000 to $50,000 the threshold for small purchases of goods and services other than professional services. As a result, a public body may procure goods and services under this amount without competitive sealed bidding or competitive negotiation. The bill also increases from $10,000 to $50,000 the threshold for modification of fixed-price contracts without the approval of the Governor or his designee.

Patron - Cantor

P HB1047

Virginia Public Procurement Act; procurement of architectural or professional engineering services. Allows the award of term contracts for architectural and engineering services to multiple firms with a single Request for Proposal ("RFP") and sets the criteria for the use of such contracts. Currently, only one award can be made for each solicitation. The bill limits the sum of projects performed annually by a single architectural/engineering firm to $500,000 or a lesser amount determined by the Director of the Department of General Services ("DGS"). Currently, the maximum amount is $300,000.

Patron - Cantor

P HB1209

Virginia Public Procurement Act; protest of awards. Provides that any bidder or offeror, who desires to protest the award or decision to award a contract shall submit such protest in writing to the public body, or an official designated by the public body, no later than 10 days after public notice of the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal.

Patron - Cantor

P HB1233

Virginia Public Procurement Act; declaration of purpose. Adds that the purpose of the Public Procurement Act is to seek competition to the maximum feasible degree, that procurement procedures involve openness and administrative efficiency.

Patron - Ware

P HB1239

Virginia Public Procurement Act; multiple awards. Allows multiple awards under competitive negotiation for the procurement of other than professional services to more than one offeror where the terms and conditions of the multiple awards are provided in the Request for Proposal. Currently, multiple awards are authorized only under competitive sealed bidding.

Patron - Tata

P HB1240

Virginia Public Procurement Act; definitions; best value. Adds the definition of "best value," defined as the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body's needs. The bill also provides that public bodies are encouraged to consider best value concepts when making procurement decisions involving goods and nonprofessional services, but not construction or professional services. Additionally, the Department of General Services is directed to study the feasibility and appropriateness of implementing, in its procurement procedures, the Contractor Performance and Rating System (CPARS) currently utilized by the federal government and submit its findings to the Governor and the General Assembly on or before December 1, 2000.

Patron - Tata

P HB1440

Virginia Public Procurement Act; electronic posting of public notices. Allows public bodies to publish public notice on the Department of General Services' central electronic procurement website and other appropriate websites in addition to the current requirement for posting in a designated public area or publication in a newspaper of general circulation, or both. In addition, publishing by state agencies, departments and institutions on the Department's central electronic procurement website shall be required by July 1, 2002.

Patron - O'Brien

P HB1552

Patrick Hospital Authority; creation. Creates the Patrick Hospital Authority composed of nine members appointed by the Patrick County Board of Supervisors. The bill also exempts the Authority from the Virginia Public Procurement Act and includes an emergency clause.

Patron - Day

P SB235

Posting of procurement notices and advertisements on the Internet authorized. Allows public bodies to publish public notice on the Department of General Services' central electronic procurement website and other appropriate websites in addition to the current requirement for posting in a designated public area or publication in a newspaper of general circulation, or both. In addition, posting by state agencies, departments and institutions on the Department's public internet procurement website shall be required by July 1, 2002. The bill is a recommendation of the Joint Commission on Science and Technology.

Patron - Ticer

P SB383

Virginia Public Procurement Act; exemptions. Provides an exemption from competitive sealed bidding or competitive negotiation for the purchase of electric utility services if purchased by a public body through an association of which it is a member, if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided such association has procured the electric utility service by use of competitive principles and provided that the public body has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. Currently, this exemption is available for the purchase of insurance. The bill also allows state agencies, in procuring information technology-related goods and services, other than professional services or construction, to award the contract to contractors located in high unemployment localities, under certain conditions. The bill defines "information technology-related goods and services." The bill contains a sunset for this type of procurement of July 1, 2002. The bill requires the Department of General Services to report on the impact of this provision by November 1, 2002.

Patron - Watkins

P SB538

Virginia Public Procurement Act; multiple awards. Allows multiple awards under competitive negotiation for the procurement of other than professional services to more than one offeror where the terms and conditions of the multiple awards are provided in the Request for Proposal. Currently, multiple awards are authorized only under competitive sealed bidding.

Patron - Hawkins

P SB626

Virginia Public Procurement Act; thresholds for small purchases and contract modifications. Increases from $30,000 to $50,000 the threshold for small purchases of goods and services other than professional services. As a result, a public body may procure such goods and services under this amount without competitive sealed bidding or competitive negotiation except that purchases expected to exceed $30,000 require written informal solicitations of a minimum of four bidders or offerors. The bill also increases from $10,000 to $50,000 the threshold for modification of fixed-price contracts without the approval of the Governor or his designee.

Patron - Stosch

P SB627

Virginia Public Procurement Act; procurement of architectural or professional engineering services. Allows the award of term contracts for architectural and engineering services to multiple firms with a single Request for Proposal ("RFP") and sets the criteria for the use of such contracts. Currently, only one award can be made for each solicitation. The bill limits the sum of projects performed annually by a single architectural/engineering firm to $500,000 or a lesser amount determined by the Director of the Department of General Services ("DGS"). Currently, the maximum amount is $300,000.

Patron - Stosch

P SB638

Virginia Public Procurement Act; declaration of purpose. Adds the requirement that procurement procedures under the Virginia Public Procurement Act involve openness and administrative efficiency.

Patron - Hawkins

P SB639

Virginia Public Procurement Act; definitions; best value. Adds the definition of "best value," defined as the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body's needs. Additionally, the bill provides that public bodies are encouraged to consider best value concepts when procuring goods and nonprofessional services, but not construction or professional services. The bill also requires that the criteria, factors, and basis for consideration of best value be stated in the procurement solicitation. The bill requires the Department of General Services to study the feasibility of implementing in Virginia the Contractor Performance and Rating System (CPARS) currently used by the federal government.

Patron - Hawkins

F Failed

F HB862

Virginia Public Procurement Act; preference for contractors with apprenticeship programs. Authorizes the Department of General Services to award a construction contract to the contractor who has an ongoing apprenticeship program approved by the Virginia Apprenticeship Council, so long as such contractor's bid price is no more than 10 percent greater than the bid price of the low responsive and responsible bidder.

Patron - Woodrum

F HB1188

Virginia Public Procurement Act; exception to competitive sealed bidding. Changes the standard from "is either not practicable or not fiscally advantageous" to "not in the best interest of the public body" for which a public body may use competitive negotiation instead of competitive sealed bidding for the procurement of goods, services, or insurance.

Patron - Reid

F SB636

Virginia Public Procurement Act; electronic posting of public notices. Authorizes the posting of public notices for an Invitation to Bid or a Request for Proposal to be on a public internet procurement website designated by the Department of General Services, in addition to posting such notices in a public place or by publication in a newspaper of general circulation. The bill also provides that, effective July 1, 2002, posting on the public internet procurement website designated by the Department of General Services shall be required.

Patron - Hawkins

F SB637

Virginia Public Procurement Act; exception to competitive sealed bidding. Changes the standard from "is either not practicable or not fiscally advantageous" to "not in the best interest of the public body" for which a public body may use competitive negotiation instead of competitive sealed bidding for the procurement of goods, services, or insurance.

Patron - Hawkins

F SB728

Virginia Public Procurement Act; procurement of professional services. Removes the prohibition on a public body from requesting any price information in a Request for Proposal ("RFP") for professional services. The bill would allow a public body to request a nonbinding estimate of the cost of services in the RFP. The bill also requires a public body, after the discussion stage and before the negotiation stage, to select two or more offerors deemed to be fully qualified and best suited among those submitting proposals.

Patron - Martin

C Carried Over

C HB61

Transactions facilitating Internet gambling voided. Voids any transactions conducted for the purpose of gaming, betting or wagering over the Internet. The Code of Virginia already voids all contracts to wager or repay gambling debts. This bill would also void transactions made for the purpose of gambling over the Internet. The bill provides that no person or entity may recover the amount of such transactions or any other costs related to such transactions; thus, if an Internet transaction is conducted for the purpose of gambling over the Internet, no person or entity may collect any amount of money associated with such gambling activity. Transactions related to the state lottery are excluded from the provisions of this bill.

Patron - Marshall

C HB1286

Virginia Public Procurement Act; design-build contracts for certain highways. Authorizes the Department of Transportation to enter into contracts for the construction and reconstruction of, and improvements to, Route 28 from Route 7 in Loudoun County to Interstate 66 in Fairfax County on a fixed-price or not-to-exceed design-build basis. The bill also provides that written procedures governing the selection, evaluation, and award of such design-build contracts shall be consistent with those described in this chapter for the procurement of other than professional services through competitive negotiation.

Patron - Black

C HB1381

Public Procurement Act; payment clauses. Requires, in any contract awarded by any state agency or any agency of local government, a payment clause that requires the contractor to pay his employees a living wage. For the purposes of this bill, "living wage" is defined as a wage equal to (i) 125 percent of the federal poverty level or (ii) 100 percent of the federal poverty level if fully paid, comprehensive family medical coverage is provided to the employee. The bill also contains technical amendments.

Patron - Baskerville

C HB1388

Virginia Public Procurement Act; preferences for Virginia firms. Requires a like preference to be given to the lowest responsible bidder who is a resident of Virginia whenever a non-Virginia bidder bids on a state contract and his state's law affords its contractors a preference.

Patron - Griffith

C SB464

Construction contracts. Provides that no provision in a construction contract entered into after July 1, 2000, that delays the timing of payment to a subcontractor pending receipt of payment by the general contractor from the owner shall exceed 180 days. The bill also provides that such provision may not waive the right of a subcontractor to any defense or to an action to enforce a lien.

Patron - Mims

C SB761

Division of Purchase and Supply; regulations; unsolicited proposals. Requires the Division of Purchase and Supply to adopt regulations which establish the conditions under which a public body may accept unsolicited bid proposals and award contracts without the necessity for further competitive procurement. Such regulations may be based on the Federal Acquisition Regulation adopted by the U.S. General Services Administration.

Patron - Mims