Bill Text: VA SB225 | 2022 | Regular Session | Prefiled
Bill Title: Virginia Public Procurement Act; architectural and professional engineering term contracting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0505) [SB225 Detail]
Download: Virginia-2022-SB225-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4303.1 of the Code of Virginia is amended and reenacted as follows:
§2.2-4303.1. Architectural and professional engineering term contracting; limitations.
A. A contract for architectural or professional engineering
services relating to multiple construction projects
may be awarded by a public body, provided (i) the projects require similar
experience and expertise, (ii) the nature of the projects is clearly identified
in the Request for Proposal, and (iii) the contract is limited to a term of one
year or when the cumulative total project fees reach the maximum authorized in
this section, whichever occurs first.
Such contracts may be renewable for
four three
additional one-year
terms at the option of the public body. Any unused amounts
from one contract term shall not be carried forward to any additional term,
except as otherwise provided by the Restructured Higher
Education Financial and Administrative Operations Act (§23.1-1000 et seq.). The
fair and reasonable prices as negotiated shall be used in determining the cost
of each project performed.
B. The
sum of all projects performed in a one-year
contract term shall not exceed $750,000, except
that for: $10 million, and
the fee for any single project shall not exceed $2.5 million.
1. A state agency,
as defined in §2.2-4347, the sum of all projects performed in a one-year
contract term shall not exceed $1 million;
2. Any locality
with a population in excess of 50,000 or school division within such locality,
or any authority, sanitation district, metropolitan planning organization,
transportation district commission, or planning district commission, or any
city within Planning District 8, the sum of all projects performed in a
one-year contract term shall not exceed $8 million and those awarded for any
airport as defined in §5.1-1 and aviation transportation projects, the sum of
all such projects shall not exceed $1.5 million;
3. Architectural
and engineering services for rail and public transportation projects by the
Director of the Department of Rail and Public Transportation, the sum of all
projects in a one-year contract term shall not exceed $5 million. Such contract
may be renewable for two additional one-year terms at the option of the Director;
and
4. Environmental
location, design, and inspection work regarding highways and bridges by the
Commissioner of Highways, the initial contract term shall be limited to two
years or when the cumulative total project fees reach $8 million, whichever occurs
first. Such contract may be renewable for two additional one-year terms at the
option of the Commissioner, and the sum of all projects in each one-year
contract term shall not exceed $5 million.
C. B. Competitive
negotiations for such architectural or professional engineering services
contracts may result in awards to more than one offeror, provided (i) the
Request for Proposal so states and (ii) the public body has established
procedures for distributing multiple projects among the selected contractors
during the contract term. Such procedures shall prohibit requiring the selected
contractors to compete for individual projects based on price.
D. The fee for any
single project shall not exceed $150,000; however, for architectural or
engineering services for airports as defined in §5.1-1 and aviation
transportation projects, the project fee of any single project shall not exceed
$500,000, except that for:
1. A state agency
as defined in §2.2-4347, the project fee shall not exceed $200,000, as may be
determined by the Director of the Department of General Services or as
otherwise provided by the Restructured Higher Education Financial and
Administrative Operations Act (§23.1-1000 et seq.); and
2. Any locality
with a population in excess of 50,000 or school division within such locality,
or any authority, transportation district commission, or sanitation district,
or any city within Planning District 8, the project fee shall not exceed $2.5
million.
The limitations
imposed upon single-project fees pursuant to this subsection shall not apply to
environmental, location, design, and inspection work regarding highways and
bridges by the Commissioner of Highways or architectural and engineering
services for rail and public transportation projects by the Director of the
Department of Rail and Public Transportation.
E. For the purposes
of subsection B, any unused amounts from one contract term shall not be carried
forward to any additional term, except as otherwise provided by the
Restructured Higher Education Financial and Administrative Operations Act (§
23.1-1000 et seq.).
2. That the provisions of this act shall apply to contracts entered into on and after July 1, 2022.
