Contracts
P
Passed
- P HB1662
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Virginia Public Procurement Act; emergency procurements. Provides that, until January 1, 2001, the procurement goods and services to remediate computers, software programs, databases, networks, information systems, firmware, or any other devices which are not compliant with the "Year 2000" date change shall be deemed as "emergency procurements." The purpose of the bill is to assist the efforts of state agencies and localities to find and retain vendors to fix their Year 2000 problems forthwith. The bill contains technical amendments and an emergency clause. The bill is a recommendation of the Joint Commission on Technology and Science.
- Patron - Landes
- P HB1935
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Public Procurement Act; exemptions. Exempts the selection of investment management services by the State Treasurer which are related to the external management of funds from the Public Procurement Act. Such selections shall be governed by the standard of care provided by § 2.1-328.14 and competitive guidelines and policies that are set by the Commonwealth Treasury Board and approved by the Department of General Services.
- Patron - Cantor
- P HB1990
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Public Procurement Act; exemptions. Adds an exemption from the Public Procurement Act for public bodies that purchase under the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq.). As a result, these public bodies may procure goods or personal services for direct use by the recipients of such programs without competitive sealed bidding or competitive negotiations if the procurement is made for an individual recipient.
- Patron - Jackson
- P HB2001
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Duties of attorneys-in-fact and agents empowered to act under § 11-9.1. Provides that when a person interested in the welfare of a principal who is unable to attend to his personal affairs requests that the attorney-in-fact for the principal disclose the extent to which he has chosen to act and the actions taken on behalf of such principal, the attorney-in-fact must disclose the actions that occurred within two years of the date of the request or within two years of the date of the death of the principal. The bill also states that any such requests made after the death of the principal must be made within one year of such death.
- Patron - Howell
- P HB2138
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Public Procurement Act; Design-Build/Construction Management Review Board; membership. Clarifies that the list of representatives of public bodies recommended for membership on the Board shall include at least four persons with design-build or construction-management experience.
- Patron - Reid
- P HB2391
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Public Procurement Act; withdrawal of bid. Provides that if a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake that was an unintentional arithmetic error or an unintentional omission of quantity of work, labor or material made directly in the compilation of the bid. The clerical mistake must be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn.
- Patron - Cantor
- P HB2393
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Public Procurement Act; decisions of public bodies; standard of review. Applies a consistent standard of review under the Public Procurement Act to prevent public bodies from making not only arbitrary and capricious decisions, but also decisions that violate applicable provisions of the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation to Bid.
- Patron - Cantor
- P SB912
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Public Procurement Act; exemptions. Exempts the selection of investment management services by the State Treasurer which are related to the external management of funds from the Public Procurement Act. Such selections shall be governed by the standard of care provided by § 2.1-328.14 and competitive guidelines and policies that are set by the Commonwealth Treasury Board and approved by the Department of General Services.
- Patron - Stosch
- P SB1112
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Public Procurement Act; exemptions. Authorizes the Department of Health to enter into contracts without competitive sealed bidding or competitive negotiation for health care services with Virginia charitable corporations granted tax-exempt status under § 501 (c) (3) of the Internal Revenue Code and operating as clinics for the indigent and uninsured organized for the delivery of primary health care services in a community (i) as federally qualified health centers or (ii) at a reduced or sliding fee scale or without charge.
- Patron - Schrock
- P SB1139
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Public Procurement Act; preference for community reinvestment activities in certain contracts. Allows certain high-growth localities as described in § 15.2-2298 to provide for preferences in awarding contracts for community reinvestment activities with qualifying institutions which enhance and preserve agricultural uses and agribusiness activities within the locality. The bill also limits to 50 percent the amount of funds which may be invested. A "high-growth locality" is described in subsection A of § 15.2-2298 as (i) any locality which has had a population growth of 10 percent or more from the next-to-latest to latest decennial census year, based on population reported by the United States Bureau of the Census; (ii) any city adjoining such city or county; (iii) any towns located within such county; and (iv) any county contiguous with at least three such counties, and any town located in that county. The bill has a July 1, 2003, sunset provision.
- Patron - Mims
F
Failed
- F HB2123
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Public Procurement Act; court reporting services. Provides that, notwithstanding any other provision of law, the provisions of the Public Procurement Act shall apply to the procurement of court reporting services by courts of record located in Norfolk. The bill also requires JLARC to study the procurement of court reporting services required under the bill and report its findings to the General Assembly by December 1, 2000.
- Patron - Robinson
- F HB2584
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Public Procurement Act; legal actions. Allows a contractor on his own behalf, or on behalf of any person who qualifies as a claimant under the Public Procurement Act, to bring an action involving a contract dispute with a public body in the appropriate circuit court. Currently, only the contractor may bring such an action. As a result, general contractors on public construction projects would be allowed to "pass through" claims by one of its suppliers or subcontractors, or the subcontractor's supplier, to the public body. This is similar to the protections now provided to subcontractors and suppliers on VDOT highway projects.
- Patron - Davies
- F HB2630
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Public Procurement Act; applicability. Resolves a conflict between the Public Procurement Act and the Public-Private Transportation Act of 1995 with regard to transportation projects. Specifically, the bill provides that contracts for construction or planning and design services for construction of qualified transportation projects approved by a responsible public entity pursuant to the Public-Private Transportation Act of 1995 (§ 56-556 et seq.) and financed in whole or in part with tax-exempt bonds issued by a Virginia not-for-profit corporation or organization shall be exempt from the requirements of the Public Procurement Act.
- Patron - Robinson
- F HB2747
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Public procurement preference for HUBZone small businesses. Grants any HUBZone small business a 10 percent price preference in competitive sealed bidding on contracts for products or services to be purchased for use by state agencies. HUBZone small businesses are also given a preference in the case of a tie with another bidder. A HUBZone small business is a business included on the list of qualified HUBZone small business concerns maintained by the Administrator of the U.S. Small Business Administration. To be a HUBZone small business concern, it must be owned by one or more American citizens and have its principal office in a HUBZone. A HUBZone is any area (i) in a census tract in which 50 percent or more of the households have an income which is less than 60 percent of an SMSA's median gross income or (ii) in a nonmetropolitan county or city with a median household income less than 80 percent of nonmetropolitan state median household income or with an unemployment rate that it at least 140 percent of the statewide average unemployment rate. A business with less than 500 employees or less than $5 million in revenues may qualify as a qualified HUBZone small business concern if at least 35 percent of its employees reside in a HUBZone. The federal HUBZone program, on which this measure is based, provides several set-asides and preferences, including a 10 percent price evaluation preference, for qualified HUBZone small business concerns.
- Patron - Clement
- F SB1245
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Public Procurement Act; applicability. Resolves a conflict between the Public Procurement Act and the Public-Private Transportation Act of 1995 with regard to transportation projects. Specifically, the bill provides that contracts for construction or planning and design services for construction of qualified transportation projects approved by a responsible public entity pursuant to the Public-Private Transportation Act of 1995 (§ 56-556 et seq.) and financed in whole or in part with tax-exempt bonds issued by a Virginia not-for-profit corporation or organization shall be exempt from the requirements of the Public Procurement Act.
- Patron - Forbes
- F SB1298
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Construction contracts. Declares "pay-if-paid" clauses in construction contracts between the general contractor and subcontractor against public policy and void and unenforceable. The bill also clarifies that such clauses do not abrogate subcontractors' rights pursuant to the mechanics' lien statute or any contractor's bond. Owners are required to disclose project funding and financing information to prime contractors upon request, if the prime contract is for $1 million or more.
- Patron - Mims
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