Bill Text: VA SB225 | 2022 | Regular Session | Chaptered
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-Chaptered.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 any contract for which the solicitation was issued on and after July 1, 2022.
