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Contracts

P Passed

P HB1855

P HB1930

Citizens' Advisory Council on Furnishing and Interpreting the Executive Mansion. Exempts purchases, exchanges, gifts and sales of the Citizens' Advisory Council on Furnishing and Interpreting the Executive Mansion from the requirements of the Virginia Public Procurement Act. The bill also provides that the Mansion Director and/or the Department of General Services assist the Council in keeping record of all such transactions.
Patron - Drake

P HB1967

Energy and Operational Efficiency Performance-Based Contracting Act. Allows any public body to enter into energy performance-based contracts to significantly reduce energy and operating costs of a facility. The bill provides a contracting procedure to be followed by these entities in negotiating an energy performance-based contract and requires such contract to contain certain provisions.
Patron - Kilgore

P HB2020

Public Procurement Act; indemnification provisions. Provides that provisions in a contract between an architect or professional engineer and a public body relating to planning or design of a building or other construction project that purports to indemnify or hold the public body harmless against liability are void and unenforceable. The bill does not apply to such provisions in a contract that purports to indemnify or hold harmless the public body against liability for damage arising out of the negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the architect or professional engineer in performance of the contract.
Patron - May

P HB2050

Public Procurement Act; preference for certain Virginia products. Clarifies, in the case of tie bids, the preference for goods produced in Virginia or services and construction provided by Virginia persons. This bill incorporates HB 1936.
Patron - Albo

P HB2051

Public Procurement Act; actions on payment bonds. Provides that any waiver of the right to sue on the payment bond shall be void unless it is in writing, signed by the person whose right is waived, and executed after such person had performed labor or furnished material in accordance with the contract documents.
Patron - Albo

P HB2052

Public Procurement Act; damages for unreasonable delays. Provides that a public body denying a contractor's claim for costs or damages due to the alleged delay of the contractor in the performance of work under any public construction contract shall pay the contractor a percentage of all costs incurred by the contractor to investigate, analyze, negotiate, litigate and arbitrate the claim. The percentage paid by the public body shall be equal to the percentage of the contractor's total delay claim for which the public body's denial is determined through litigation of arbitration to have been made in bad faith.
Patron - Albo

P HB2054

Virginia Public Procurement Act; contractual disputes. Requires public bodies to include in all contracts or incorporate by reference procedures for consideration of contractual claims. The bill also provides that where a public body has established an administrative appeals procedure, that such procedure also be included in its contracts or incorporated by reference.
Patron - Albo

P HB2183

Virginia Public Procurement Act; procurement of professional services. Expands to all public bodies the authority to award term contracts for architectural and engineering services for multiple projects. The bill increases certain monetary limits for any locality having a population in excess of 80,000. This bill incorporates HB 2183.
Patron - Purkey

P SB810

Virginia Public Procurement Act; certain purchases by school boards. Provides that purchases of a school board through its public school foundation are generally exempt from the requirements of the Virginia Public Procurement Act. The current law is unclear as to whether these purchases are subject to the Virginia Public Procurement Act. This bill is identical to HB 1855.
Patron - Chichester

P SB1024

Virginia Public Procurement Act; procurement by reverse auctioning. Allows the purchase of goods and nonprofessional services by reverse auctioning. Reverse auctioning is defined as a procurement method wherein bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. In addition, during the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for bid opening. The bill contains a sunset provision of July 1, 2003.
Patron - Stosch

P SB1212

Procurement; faith-based organizations. Applies federal language regarding "charitable choice," enacted by Congress in the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (welfare reform), to state procurement practices. The language would make faith-based organizations equal partners in opportunities to bid on and supply services and products to the state government without impairing their religious nature. Faith-based organizations would no longer have to separate their religious nature and symbols from their programs in order to provide services on state contract, but would have to be subject to the same audits as other vendors. Faith-based organizations would not be able to use the money for sectarian worship, instruction or proselytization, would not be able to discriminate against clients for their religious beliefs or refusal to participate in a religious activity, and would have to provide the client with a notice that, if they object to the religious nature of the program providing them services, they can be assigned to another provider.
Patron - Hanger

F Failed

F HB1832

Cooperative procurement. Provides that a cooperative agreement may be entered into either prior to initiation of the procurement process or following completion of the process and award of a contract and shall be approved by both public bodies or agencies and by the vendor.
Patron - Hargrove

F HB1931

Virginia Public Procurement Act; use of best value concepts. Prohibits public bodies from using best value to require contractors to pay wage rates established by the public body.
Patron - Cox

F HB1936

Virginia Public Procurement Act. Clarifies, in the case of tie bids, the preference for goods produced in Virginia or services or construction provided by Virginia persons. The bill was incorporated into HB 2050.
Patron - Armstrong

F HB2021

Virginia Public Procurement Act; procurement of professional services. Expands to all public bodies the authority to award term contracts for architectural and engineering services for multiple projects. This bill was incorporated into HB 2183.
Patron - May

F HB2053

Virginia Public Procurement Act; determination of nonresponsibility. Allows public bodies, following public opening and announcement of bids received on an Invitation to Bid, to determine whether the apparent low bidder is responsible without specific reference to the requirements set forth in the invitation.
Patron - Albo

F HB2746

Virginia Public Procurement Act; competitive procurement for maintenance. Requires competitive sealed bidding for any contract entered into by any public body on or after July 1, 2001, for the maintenance of any highway, bridge, tunnel, or overpass that was not originally constructed under a comprehensive agreement entered into pursuant to the Public Private Transportation Act of 1995. Maintenance is defined as ordinary maintenance and maintenance replacement.
Patron - Woodrum

F SB807

Public Procurement Act; payment of living wage. Requires vendors and contractors awarded state contracts to pay employees a wage that is indexed to 150 percent of the federal minimum wage for employees who receive health benefits and 175 percent for employees who do not receive health benefits.
Patron - Miller, Y.B.

F SB923

Contracts. Provides that a contract may become null and void if statutory requirements regarding writing, printing and size of type are not met.
Patron - Byrne

F SB961

Virginia Public Procurement Act; use of best value concepts. Prohibits public bodies from using best value to require contractors to pay wage rates established by the public body. The prohibition does not apply to contracts between the governing bodies of localities and municipal service providers.
Patron - Martin

F SB1176

Public Procurement Act; public construction contract provisions for damages for unreasonable delays. Deletes prohibition on contract provisions waiving or releasing the rights of a contractor to recover costs or damages to the extent that the delay is caused by act or omissions of a public body.
Patron - Ticer

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