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PROCUREMENT
Passed legislation
HOUSE BILL 596
Virginia Public Procurement Act; discrimination prohibited.
Patron: Michele B. McQuigg
Summary: Adds age, disability or any other
basis prohibited by state law relating to discrimination in employment
to the anti-discrimination statutes in the Virginia Public Procurement
Act. As a result, (i) no public body may discriminate against
a bidder or offeror on the basis of race, religion, color, sex,
national origin, age, disability or any other basis prohibited
by state law relating to discrimination in employment in the
solicitation and award of public contracts and (ii) in all public
contracts over $10,000, the contractor must agree not to discriminate
against an employee or applicant for employment on the basis
of race, religion, color, sex, national origin, age, disability
or any other basis prohibited by state law relating to discrimination
in employment.
HOUSE BILL 808
Public Procurement Act; drug-free workplace.
Patron: Robert F. McDonnell
Summary: Requires all public bodies to include
in every contract over $10,000 the following provisions: during
the performance of the contract, the contractor agrees to (i)
provide a drug-free workplace for the contractor's employees;
(ii) post in conspicuous places, available to employees and applicants
for employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or
use of a controlled substance or marijuana is prohibited in the
contractor's workplace and specifying the actions that will be
taken against employees for violations of such prohibition; (iii)
state in all solicitations or advertisements for employees placed
by or on behalf of the contractor that the contractor maintains
a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over
$10,000, so that the provisions will be binding upon each subcontractor
or vendor. The bill defines a "drug-free workplace"
as a site for the performance of work done in connection with
a specific contract awarded to a contractor in accordance with
the Virginia Public Procurement Act, the employees of whom are
prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or
marijuana during the performance of the contract.
HOUSE BILL 1046
Virginia Public Procurement Act; thresholds for small purchases
and contract modifications.
Patron: Eric I. Cantor
Summary: Increases from $30,000 to $50,000
the threshold for small purchases of goods and services other
than professional services. As a result, a public body may procure
goods and services under this amount without competitive sealed
bidding or competitive negotiation. The bill also increases from
$10,000 to $50,000 the threshold for modification of fixed-price
contracts without the approval of the Governor or his designee.
HOUSE BILL 1047
Virginia Public Procurement Act; procurement of architectural
or professional engineering services.
Patron: Eric I. Cantor
Summary: Allows the award of term contracts
for architectural and engineering services to multiple firms
with a single Request for Proposal ("RFP") and sets
the criteria for the use of such contracts. Currently, only one
award can be made for each solicitation. The bill limits the
sum of projects performed annually by a single architectural/engineering
firm to $500,000 or a lesser amount determined by the Director
of the Department of General Services ("DGS"). Currently,
the maximum amount is $300,000.
HOUSE BILL 1209
Virginia Public Procurement Act; protest of awards.
Patron: Eric I. Cantor
Summary: Provides that any bidder or offeror,
who desires to protest the award or decision to award a contract,
shall submit such protest in writing to the public body, or an
official designated by the public body, no later than 10 days
after public notice of the award or the announcement of the decision
to award, whichever occurs first. Public notice of the award
or the announcement of the decision to award shall be given by
the public body in the manner prescribed in the terms or conditions
of the Invitation to Bid or Request for Proposal.
HOUSE BILL 1233
Virginia Public Procurement Act; declaration of purpose.
Patron: R. Lee Ware, Jr.
Summary: Adds that the purpose of the Public
Procurement Act is to seek competition to the maximum feasible
degree and that procurement procedures involve openness and administrative
efficiency.
HOUSE BILL 1239
Virginia Public Procurement Act; multiple awards.
Patron: Robert Tata
Summary: Allows multiple awards under competitive
negotiation for the procurement of other than professional services
to more than one offeror where the terms and conditions of the
multiple awards are provided in the Request for Proposal. Currently,
multiple awards are authorized only under competitive sealed
bidding.
HOUSE BILL 1240
Virginia Public Procurement Act; definitions; best value.
Patron: Robert Tata
Summary: Adds the definition of "best
value," defined as the overall combination of quality, price,
and various elements of required services that in total are optimal
relative to a public body's needs. The bill also provides that
public bodies are encouraged to consider best value concepts
when making procurement decisions involving goods and nonprofessional
services, but not construction or professional services. Additionally,
the Department of General Services is directed to study the feasibility
and appropriateness of implementing, in its procurement procedures,
the Contractor Performance and Rating System (CPARS) currently
utilized by the federal government and submit its findings to
the Governor and the General Assembly on or before December 1,
2000.
HOUSE BILL 1440
Virginia Public Procurement Act; electronic posting of public
notices.
Patron: James K. (Jay) O'Brien, Jr.
Summary: Allows public bodies to publish public
notice on the Department of General Services' central electronic
procurement website and other appropriate websites in addition
to the current requirement for posting in a designated public
area or publication in a newspaper of general circulation, or
both. In addition, publishing by state agencies, departments
and institutions on the Department's central electronic procurement
website shall be required by July 1, 2002.
HOUSE JOINT RESOLUTION 65
Electronic commerce.
Patron: Samuel A. Nixon, Jr.
Summary: Expresses the sense of the General
Assembly that state agencies and institutions take such steps
as are necessary to ensure that the Commonwealth is fully engaged
in electronic commerce by July 1, 2002.
SENATE BILL 235
Posting of procurement notices and advertisements on the Internet
authorized.
Patron: Patricia S. Ticer
Summary: Allows public bodies to publish public
notice on the Department of General Services' central electronic
procurement website and other appropriate websites in addition
to the current requirement for posting in a designated public
area or publication in a newspaper of general circulation, or
both. In addition, posting by state agencies, departments and
institutions on the Department's public internet procurement
website shall be required by July 1, 2002. The bill is a recommendation
of the Joint Commission on Science and Technology.
SENATE BILL 626
Virginia Public Procurement Act; thresholds for small purchases
and contract modifications.
Patron: Walter A. Stosch
Summary: Increases from $30,000 to $50,000
the threshold for small purchases of goods and services other
than professional services. As a result, a public body may procure
such goods and services under this amount without competitive
sealed bidding or competitive negotiation except that purchases
expected to exceed $30,000 require written informal solicitations
of a minimum of four bidders or offerors. The bill also increases
from $10,000 to $50,000 the threshold for modification of fixed-price
contracts without the approval of the Governor or his designee.
SENATE BILL 627
Virginia Public Procurement Act; procurement of architectural
or professional engineering services.
Patron: Walter A. Stosch
Summary: Allows the award of term contracts
for architectural and engineering services to multiple firms
with a single Request for Proposal ("RFP") and sets
the criteria for the use of such contracts. Currently, only one
award can be made for each solicitation. The bill limits the
sum of projects performed annually by a single architectural/engineering
firm to $500,000 or a lesser amount determined by the Director
of the Department of General Services ("DGS"). Currently,
the maximum amount is $300,000.
SENATE BILL 636
Virginia Public Procurement Act; electronic posting of public
notices.
Patron: Charles R. Hawkins
Summary: Authorizes the posting of public
notices for an Invitation to Bid or a Request for Proposal to
be on a public internet procurement website designated by the
Department of General Services, in addition to posting such notices
in a public place or by publication in a newspaper of general
circulation. The bill also provides that, effective July 1, 2002,
posting on the public internet procurement website designated
by the Department of General Services shall be required.
SENATE BILL 638
Virginia Public Procurement Act; declaration of purpose.
Patron: Charles R. Hawkins
Summary: Adds the requirement that procurement
procedures under the Virginia Public Procurement Act involve
openness and administrative efficiency.
SENATE BILL 639
Virginia Public Procurement Act; definitions; best value.
Patron: Charles R. Hawkins
Summary: Adds the definition of "best
value," defined as the overall combination of quality, price,
and various elements of required services that in total are optimal
relative to a public body's needs. Additionally, the bill provides
that public bodies are encouraged to consider best value concepts
when procuring goods and nonprofessional services, but not construction
or professional services. The bill also requires that the criteria,
factors, and basis for consideration of best value be stated
in the procurement solicitation. The bill requires the Department
of General Services to study the feasibility of implementing
in Virginia the Contractor Performance and Rating System (CPARS)
currently used by the federal government.
Further Information
Alan Albert: 757/624-3055 (Norfolk), 804/697-1368 (Richmond)
E-mail: aalbert@maysval.com
Anne Leigh Kerr: 804/697-1465
E-mail: alkerr@maysval.com
(c) 2000 Virginia Association of Local Elected Constitutional
Officers.
This report may not be reproduced in whole or in part without
the written permission of the copyright holder.
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