Virginia 2023 Regular Session

Virginia Senate Bill SB1491

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/1/23  
Report Pass
2/2/23  
Engrossed
2/6/23  
Refer
2/13/23  
Report Pass
2/14/23  
Enrolled
2/22/23  
Chaptered
3/27/23  

Caption

Virginia Public Procurement Act; construction management, contract requirements.

Impact

The legislation introduces amendments that allow local public bodies to utilize construction management contracts for projects where traditional competitive sealed bidding is not deemed practicable or cost-effective. By establishing a framework for a two-step competitive negotiation process, the bill intends to simplify procedures and promote transparency in public contracts for construction. This shift could potentially lead to faster project initiation and completion, as local authorities gain more flexibility in how they procure construction services.

Summary

SB1491 amends the Virginia Public Procurement Act to enhance the capabilities of local public bodies to enter into construction management and design-build contracts. The bill outlines the conditions under which these contracts can be awarded, emphasizing the necessity for local bodies to employ or contract licensed architects or engineers who have professional competence relevant to the particular projects. This is aimed at ensuring that the local public bodies can effectively manage construction contracts while adhering to state regulations and best practices.

Sentiment

The general sentiment surrounding SB1491 appears to be positive, particularly among supporters who advocate for streamlined processes in public procurement. The amendments are viewed as a means to enhance efficiency and reduce bureaucratic hurdles that can delay essential public infrastructure projects. Stakeholders in the construction industry, as well as local government officials, likely perceive these changes as beneficial. However, some caution might be voiced regarding the execution of these processes and the need to maintain accountability in awarding contracts.

Contention

While SB1491 aims to promote efficiency in public procurement, it may also raise questions about accountability and oversight in contract awarding. The requirement for a licensed architect or engineer is a critical safeguard, but concerns could arise regarding the criteria for determining when traditional bidding is impractical. Public discourse may revolve around ensuring that in granting local bodies increased leeway, the integrity of the procurement process is not compromised, particularly regarding the risk of favoritism in contractor selection.

Companion Bills

VA HB2450

Same As Virginia Public Procurement Act; construction management, contract requirements.

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