Virginia Code 2.2-4380: Construction management or design-build contracts for state public bodies authorized.
A. Any state public body may enter into a contract for construction on a fixed price or not-to-exceed price construction management or design-build basis, provided that (i) the Department has approved the use of construction management or design-build contracts and (ii) such public body complies with the requirements of this article and the procedures adopted by the Secretary of Administration for using construction management or design-build contracts.
Terms Used In Virginia Code 2.2-4380
- Complex project: means a construction project that includes one or more of the following significant components: difficult site location, unique equipment, specialized building systems, multifaceted program, accelerated schedule, historic designation, or intricate phasing or some other aspect that makes the design-bid-build project delivery method not practical. See Virginia Code 2.2-4379
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of General Services. See Virginia Code 2.2-4379
- Design-bid-build: means a project delivery method in which a public body sequentially awards two separate contracts, the first for professional services to design the project and the second utilizing competitive sealed bidding for construction of the project according to the design. See Virginia Code 2.2-4379
- Division: means the Division of Engineering and Buildings of the Department of General Services as established by § Virginia Code 2.2-4379
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Public body: means the same as that term is defined in § Virginia Code 2.2-4379
- State public body: means any authority, board, department, instrumentality, agency, or other unit of state government. See Virginia Code 2.2-4379
B. Procedures adopted by a state public body pursuant to this article shall include the following requirements:
1. A written determination is made in advance by the state public body that the design-bid-build project delivery method is not practicable or fiscally advantageous, and such writing shall document the basis for the determination to use construction management or design-build. The determination shall be included in the Request for Qualifications and maintained in the procurement file;
2. Prior to making a determination as to the use of construction management or design-build for a specific construction project, a state public body shall have in its employ or under contract a licensed architect or engineer with professional competence appropriate to the project who shall (i) advise the public body regarding the use of construction management or design-build for that project and (ii) assist the public body with the preparation of the Request for Proposal and the evaluation of such proposals;
3. Public notice of the Request for Qualifications is posted on the Department’s central electronic procurement website, known as eVA, at least 30 days prior to the date set for receipt of qualification proposals;
4. For construction management contracts, the contract is entered into no later than the completion of the schematic phase of design, unless prohibited by authorization of funding restrictions;
5. Prior construction management or design-build experience or previous experience with the Division shall not be considered as a prerequisite or factor considered for prequalification or award of a contract. However, in the selection of a contractor, a state public body may consider the experience of each contractor on comparable projects of similar complexity and size;
6. Construction management contracts shall require that (i) no more than 10 percent of the construction work, as measured by the cost of the work, be performed by the construction manager with its own forces and (ii) the remaining 90 percent of the construction work, as measured by the cost of the work, be performed by subcontractors of the construction manager, which the construction manager shall procure by publicly advertised, competitive sealed bidding to the maximum extent practicable;
7. The procedures allow for a two-step competitive negotiation process; and
8. The procedures allow the state public body to post on the Department’s central electronic procurement website known as eVA when and where the general contractor plans to advertise bid packages for subcontracting opportunities when appropriate.
C. The Department shall evaluate the proposed procurement method selected by the state public body and make its recommendation as to whether the use of the construction management or design-build procurement method is appropriate for the specific project. In its review, the Department shall also consider:
1. The written determination of the state public body;
2. The compliance by the state public body with subdivisions B 1, 2, and 7;
3. The project cost, expected timeline, and use;
4. Whether the project is a complex project; and
5. Any other criteria established by the Department to evaluate the proposed procurement method for the project.
D. The Department shall conduct its review within five working days after receipt of the written determination and render its written approval or denial within such five-working-day period. The written approval or denial of the Department shall be maintained in the procurement file.
E. All documents open to public inspection pursuant to § 2.2-4342 that are issued or received by the Department shall be posted on the Department’s central electronic procurement website known as eVA.