{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1132.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1132.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1132.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1132.html"}],"law_id":74281,"edition_id":1,"section_id":74281,"structure_id":13187,"section_number":"2.2-1132","catch_line":"Administration of capital outlay construction; exception for certain educational institutions","history":"1982, c. 647, \u00a7 2.1-483.1; 1984, c. 641; 1994, c. 924; 1997, c. 488; 2001, c. 844; 2005, cc. 933, 945; 2006, c. 939.","full_text":"A\n\nThe Division shall provide assistance in the administration of capital outlay construction projects set forth in the appropriation act, other than highway construction undertaken by the Department of Transportation and the acquisition or improvement of specialized cargo-handling equipment and related port infrastructure including, but not limited to, port construction, renovation, and demolition that is required in a timely manner to meet market demands to enhance commerce through the Virginia Port Authority, the review and approval of plans and specifications, and acceptance of completed projects.B\n\nThe Division may establish standards, as needed, for construction by the Commonwealth and may, with the advice of the Attorney General, establish standard contract provisions and procedures for the procurement and administration of construction and for the procurement and administration of architectural and engineering services relating to construction, which shall be used by all departments, agencies and institutions of the Commonwealth. All departments, agencies and institutions of the Commonwealth shall ensure that the design and construction of state-owned buildings comply with the standards governing energy use and efficiency established by the Division. The standards may provide for incentive contracting that offers a contractor whose bid is accepted the opportunity to share in any cost savings realized by the Commonwealth when project costs are reduced by the contractor, without affecting project quality, during construction of the project. The fee, if any, charged by the project engineer or architect for determining the cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings.C\n\nNotwithstanding any standards established by the Division or law to the contrary except as provided in this subsection, any public institution of higher education that has in effect a signed memorandum of understanding with the Secretary of Administration regarding participation in the nongeneral fund decentralization program as set forth in the appropriation act may enter into contracts for specific construction projects without the preliminary review and approval of the Division, provided such institutions are in compliance with the requirements of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) and utilize the general terms and conditions for those forms of procurement approved by the Division and the Office of the Attorney General. The authority granted in this subsection shall only become effective if the institution meets the conditions prescribed in subsection A of § 23.1-1002. The Secretary of Administration shall establish guidelines to assist institutions in evaluating alternative project delivery methods prior to entering into a contract. For projects constructed pursuant to this subsection, the responsibility of the Division of Engineering and Buildings shall be as set forth in subsection C of § 36-98.1.\n\t\t\tFor purposes of this section, “construction” shall include new construction, reconstruction, renovation, restoration, major repair, demolition and all similar work upon buildings and ancillary facilities owned or to be acquired by the Commonwealth. It shall not include buildings or other facilities ancillary to the use of state highways that are located within the right-of-way of any state highway, or assets for use by the Virginia Port Authority within the boundaries of property owned or leased by the Virginia Port Authority.","order_by":null,"text":{"0":{"id":267064,"text":"The Division shall provide assistance in the administration of capital outlay construction projects set forth in the appropriation act, other than highway construction undertaken by the Department of Transportation and the acquisition or improvement of specialized cargo-handling equipment and related port infrastructure including, but not limited to, port construction, renovation, and demolition that is required in a timely manner to meet market demands to enhance commerce through the Virginia Port Authority, the review and approval of plans and specifications, and acceptance of completed projects.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267065,"text":"The Division may establish standards, as needed, for construction by the Commonwealth and may, with the advice of the Attorney General, establish standard contract provisions and procedures for the procurement and administration of construction and for the procurement and administration of architectural and engineering services relating to construction, which shall be used by all departments, agencies and institutions of the Commonwealth. All departments, agencies and institutions of the Commonwealth shall ensure that the design and construction of state-owned buildings comply with the standards governing energy use and efficiency established by the Division. The standards may provide for incentive contracting that offers a contractor whose bid is accepted the opportunity to share in any cost savings realized by the Commonwealth when project costs are reduced by the contractor, without affecting project quality, during construction of the project. The fee, if any, charged by the project engineer or architect for determining the cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267066,"text":"Notwithstanding any standards established by the Division or law to the contrary except as provided in this subsection, any public institution of higher education that has in effect a signed memorandum of understanding with the Secretary of Administration regarding participation in the nongeneral fund decentralization program as set forth in the appropriation act may enter into contracts for specific construction projects without the preliminary review and approval of the Division, provided such institutions are in compliance with the requirements of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) and utilize the general terms and conditions for those forms of procurement approved by the Division and the Office of the Attorney General. The authority granted in this subsection shall only become effective if the institution meets the conditions prescribed in subsection A of § 23.1-1002. The Secretary of Administration shall establish guidelines to assist institutions in evaluating alternative project delivery methods prior to entering into a contract. For projects constructed pursuant to this subsection, the responsibility of the Division of Engineering and Buildings shall be as set forth in subsection C of § 36-98.1.\n\t\t\tFor purposes of this section, “construction” shall include new construction, reconstruction, renovation, restoration, major repair, demolition and all similar work upon buildings and ancillary facilities owned or to be acquired by the Commonwealth. It shall not include buildings or other facilities ancillary to the use of state highways that are located within the right-of-way of any state highway, or assets for use by the Virginia Port Authority within the boundaries of property owned or leased by the Virginia Port Authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13187,"edition_id":1,"name":"Division Of Engineering And Buildings","identifier":"4","label":"article","depth":5,"order_by":1,"parent_id":13186,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172585,"object_type":"structure","relational_id":13187,"identifier":"4","token":"2.2\/I\/C\/11\/4","url":"\/2.2\/I\/C\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13186,"edition_id":1,"name":"Department of General Services","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172461,"object_type":"structure","relational_id":13186,"identifier":"11","token":"2.2\/I\/C\/11","url":"\/2.2\/I\/C\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60538,"structure_id":13187,"section_number":"2.2-1129","catch_line":"Division of Engineering and Buildings","url":"\/2.2-1129\/","token":"2.2\/I\/C\/11\/4\/2.2-1129","metadata":false},{"id":70867,"structure_id":13187,"section_number":"2.2-1130","catch_line":"Repealed","url":"\/2.2-1130\/","token":"2.2\/I\/C\/11\/4\/2.2-1130","metadata":false},{"id":78119,"structure_id":13187,"section_number":"2.2-1131","catch_line":"Maintenance and utilization standards","url":"\/2.2-1131\/","token":"2.2\/I\/C\/11\/4\/2.2-1131","metadata":false},{"id":74399,"structure_id":13187,"section_number":"2.2-1131.1","catch_line":"Establishment of performance standards for the use of property","url":"\/2.2-1131.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1131.1","metadata":false},{"id":74281,"structure_id":13187,"section_number":"2.2-1132","catch_line":"Administration of capital outlay construction; exception for certain educational institutions","url":"\/2.2-1132\/","token":"2.2\/I\/C\/11\/4\/2.2-1132","metadata":false},{"id":83823,"structure_id":13187,"section_number":"2.2-1133","catch_line":"Use of value engineering","url":"\/2.2-1133\/","token":"2.2\/I\/C\/11\/4\/2.2-1133","metadata":false},{"id":68029,"structure_id":13187,"section_number":"2.2-1134","catch_line":"Repealed","url":"\/2.2-1134\/","token":"2.2\/I\/C\/11\/4\/2.2-1134","metadata":false},{"id":73421,"structure_id":13187,"section_number":"2.2-1135","catch_line":"Information on equipment utilizing wood wastes","url":"\/2.2-1135\/","token":"2.2\/I\/C\/11\/4\/2.2-1135","metadata":false},{"id":55806,"structure_id":13187,"section_number":"2.2-1136","catch_line":"Review of easements; maintenance of records; notification when lease or other agreement for branch office to terminate; report","url":"\/2.2-1136\/","token":"2.2\/I\/C\/11\/4\/2.2-1136","metadata":false},{"id":69292,"structure_id":13187,"section_number":"2.2-1137","catch_line":"Location, construction or lease of state consolidated office buildings","url":"\/2.2-1137\/","token":"2.2\/I\/C\/11\/4\/2.2-1137","metadata":false},{"id":69666,"structure_id":13187,"section_number":"2.2-1138","catch_line":"Planning and construction by Division; exemption","url":"\/2.2-1138\/","token":"2.2\/I\/C\/11\/4\/2.2-1138","metadata":false},{"id":74905,"structure_id":13187,"section_number":"2.2-1139","catch_line":"Transfer of funds; acceptance of donations","url":"\/2.2-1139\/","token":"2.2\/I\/C\/11\/4\/2.2-1139","metadata":false},{"id":58982,"structure_id":13187,"section_number":"2.2-1140","catch_line":"Assignment of office space","url":"\/2.2-1140\/","token":"2.2\/I\/C\/11\/4\/2.2-1140","metadata":false},{"id":55383,"structure_id":13187,"section_number":"2.2-1141","catch_line":"Purchase of furniture for state buildings; repairs to buildings and furniture; surplus furniture","url":"\/2.2-1141\/","token":"2.2\/I\/C\/11\/4\/2.2-1141","metadata":false},{"id":79272,"structure_id":13187,"section_number":"2.2-1142","catch_line":"Furniture for Executive Mansion","url":"\/2.2-1142\/","token":"2.2\/I\/C\/11\/4\/2.2-1142","metadata":false},{"id":68318,"structure_id":13187,"section_number":"2.2-1143","catch_line":"Services for Capitol and other state facilities","url":"\/2.2-1143\/","token":"2.2\/I\/C\/11\/4\/2.2-1143","metadata":false},{"id":83389,"structure_id":13187,"section_number":"2.2-1144","catch_line":"Control of Capitol Square and other property at seat of government","url":"\/2.2-1144\/","token":"2.2\/I\/C\/11\/4\/2.2-1144","metadata":false},{"id":80369,"structure_id":13187,"section_number":"2.2-1145","catch_line":"Inventory of property and Governor's house; custody of house and property pending election of Governor","url":"\/2.2-1145\/","token":"2.2\/I\/C\/11\/4\/2.2-1145","metadata":false},{"id":69630,"structure_id":13187,"section_number":"2.2-1146","catch_line":"Department may lease certain state property; approval of leases by Attorney General; disposition of rentals","url":"\/2.2-1146\/","token":"2.2\/I\/C\/11\/4\/2.2-1146","metadata":false},{"id":68138,"structure_id":13187,"section_number":"2.2-1147","catch_line":"Definitions","url":"\/2.2-1147\/","token":"2.2\/I\/C\/11\/4\/2.2-1147","metadata":false},{"id":83183,"structure_id":13187,"section_number":"2.2-1147.1","catch_line":"Right to breast-feed","url":"\/2.2-1147.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.1","metadata":false},{"id":84623,"structure_id":13187,"section_number":"2.2-1147.2","catch_line":"Equal access to state-owned or controlled property; Boy Scouts of America and Girl Scouts of the USA","url":"\/2.2-1147.2\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.2","metadata":false},{"id":55227,"structure_id":13187,"section_number":"2.2-1147.3","catch_line":"Baby changing facilities in restrooms located in public buildings","url":"\/2.2-1147.3\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.3","metadata":false},{"id":62145,"structure_id":13187,"section_number":"2.2-1148","catch_line":"Approval of actions; conveyances in name of the Commonwealth","url":"\/2.2-1148\/","token":"2.2\/I\/C\/11\/4\/2.2-1148","metadata":false},{"id":75383,"structure_id":13187,"section_number":"2.2-1149","catch_line":"Department to review proposed acquisitions of real property; approval by the Governor; exceptions","url":"\/2.2-1149\/","token":"2.2\/I\/C\/11\/4\/2.2-1149","metadata":false},{"id":86857,"structure_id":13187,"section_number":"2.2-1150","catch_line":"Conveyance and transfers of real property by state agencies; approval of Governor and Attorney General; notice to members of General Assembly","url":"\/2.2-1150\/","token":"2.2\/I\/C\/11\/4\/2.2-1150","metadata":false},{"id":72440,"structure_id":13187,"section_number":"2.2-1150.1","catch_line":"Lease or conveyance of any interest in State Police communication tower","url":"\/2.2-1150.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.1","metadata":false},{"id":55008,"structure_id":13187,"section_number":"2.2-1150.2","catch_line":"Use of communication towers for deployment of wireless broadband services in unserved areas of the Commonwealth","url":"\/2.2-1150.2\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.2","metadata":false},{"id":67988,"structure_id":13187,"section_number":"2.2-1150.3","catch_line":"Lease of state military reservation property","url":"\/2.2-1150.3\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.3","metadata":false},{"id":84461,"structure_id":13187,"section_number":"2.2-1151","catch_line":"Conveyance of easements and appurtenances thereto to cable television companies, utility companies, public service companies, political subdivisions by state departments, agencies or institutions; communication towers; telecommunications companies","url":"\/2.2-1151\/","token":"2.2\/I\/C\/11\/4\/2.2-1151","metadata":false},{"id":61910,"structure_id":13187,"section_number":"2.2-1151.1","catch_line":"Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation","url":"\/2.2-1151.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1151.1","metadata":false},{"id":78788,"structure_id":13187,"section_number":"2.2-1152","catch_line":"Conveyances to Department of Transportation by state institutions or public corporations owned by Commonwealth","url":"\/2.2-1152\/","token":"2.2\/I\/C\/11\/4\/2.2-1152","metadata":false},{"id":58899,"structure_id":13187,"section_number":"2.2-1153","catch_line":"State agencies and institutions to notify Department of property not used or required; criteria","url":"\/2.2-1153\/","token":"2.2\/I\/C\/11\/4\/2.2-1153","metadata":false},{"id":63729,"structure_id":13187,"section_number":"2.2-1154","catch_line":"State departments, agencies, and institutions to inquire of Department before acquiring land for capital improvements","url":"\/2.2-1154\/","token":"2.2\/I\/C\/11\/4\/2.2-1154","metadata":false},{"id":63598,"structure_id":13187,"section_number":"2.2-1155","catch_line":"Temporary transfer of use of property between state departments, agencies, and institutions; lease to private entities","url":"\/2.2-1155\/","token":"2.2\/I\/C\/11\/4\/2.2-1155","metadata":false},{"id":60488,"structure_id":13187,"section_number":"2.2-1156","catch_line":"Sale or lease of surplus property and excess building space","url":"\/2.2-1156\/","token":"2.2\/I\/C\/11\/4\/2.2-1156","metadata":false},{"id":58405,"structure_id":13187,"section_number":"2.2-1157","catch_line":" Exploration for and extraction of minerals on state-owned uplands","url":"\/2.2-1157\/","token":"2.2\/I\/C\/11\/4\/2.2-1157","metadata":false},{"id":74414,"structure_id":13187,"section_number":"2.2-1158","catch_line":"Management, harvesting and sale of timber on lands under control of Division","url":"\/2.2-1158\/","token":"2.2\/I\/C\/11\/4\/2.2-1158","metadata":false},{"id":54202,"structure_id":13187,"section_number":"2.2-1159","catch_line":"Facilities for persons with physical disabilities in certain buildings; definitions; construction standards; waiver; temporary buildings","url":"\/2.2-1159\/","token":"2.2\/I\/C\/11\/4\/2.2-1159","metadata":false},{"id":79200,"structure_id":13187,"section_number":"2.2-1160","catch_line":"Facilities for persons with physical disabilities; what buildings to be constructed in accordance with standards","url":"\/2.2-1160\/","token":"2.2\/I\/C\/11\/4\/2.2-1160","metadata":false},{"id":76476,"structure_id":13187,"section_number":"2.2-1161","catch_line":"Buildings not in conformance with standards for persons with physical disabilities","url":"\/2.2-1161\/","token":"2.2\/I\/C\/11\/4\/2.2-1161","metadata":false},{"id":81556,"structure_id":13187,"section_number":"2.2-1161.1","catch_line":"Code Adam alerts in public buildings","url":"\/2.2-1161.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1161.1","metadata":false}],"previous_section":{"id":74399,"structure_id":13187,"section_number":"2.2-1131.1","catch_line":"Establishment of performance standards for the use of property","url":"\/2.2-1131.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1131.1","metadata":false},"next_section":{"id":83823,"structure_id":13187,"section_number":"2.2-1133","catch_line":"Use of value engineering","url":"\/2.2-1133\/","token":"2.2\/I\/C\/11\/4\/2.2-1133","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1132\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 647 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 641; in 1994, chapter 924<\/a>; in 1997, chapter 488<\/a>; in 2001, chapter 844<\/a>; in 2005, chapters 933<\/a> and 945<\/a>; in 2006, chapter 939<\/a>.<\/p>","references":[{"id":55227,"section_number":"2.2-1147.3","catch_line":"Baby changing facilities in restrooms located in public buildings","order_by":null,"url":"\/2.2-1147.3\/"},{"id":80758,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","order_by":null,"url":"\/2.2-4302.2\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":63083,"section_number":"56-575.16","catch_line":"Procurement","order_by":null,"url":"\/56-575.16\/"}],"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":65754,"section_number":"36-98.1","catch_line":"State buildings; exception for certain assets owned by the Department of Transportation","order_by":null,"url":"\/36-98.1\/"}],"permalink":{"id":172603,"object_type":"law","relational_id":74281,"identifier":"2.2-1132","token":"2.2\/I\/C\/11\/4\/2.2-1132","url":"\/2.2-1132\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1132\/","token":"2.2\/I\/C\/11\/4\/2.2-1132","dublin_core":{"Title":"Administration of capital outlay construction; exception for certain educational institutions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1132","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Division shall provide assistance in the administration of capital outlay construction<\/span> projects set forth in the appropriation act, other than highway construction<\/span> undertaken by the Department of Transportation and the acquisition or improvement of specialized cargo-handling equipment and related port infrastructure including, but not limited to, port construction<\/span>, renovation, and demolition that is required in a timely manner to meet market demands to enhance commerce through the Virginia Port Authority, the review and approval of plans and specifications, and acceptance of completed projects. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Division may establish standards, as needed, for construction<\/span> by the Commonwealth and may, with the advice of the Attorney General<\/span>, establish standard contract<\/span> provisions and procedures for the procurement and administration of construction<\/span> and for the procurement and administration of architectural and engineering services relating to construction<\/span>, which shall be used by all departments, agencies and institutions of the Commonwealth. All departments, agencies and institutions of the Commonwealth shall ensure that the design and construction<\/span> of state-owned buildings comply with the standards governing energy use and efficiency established by the Division. The standards may provide for incentive contracting that offers a contractor whose bid is accepted the opportunity to share in any cost savings realized by the Commonwealth when project costs are reduced by the contractor, without affecting project quality, during construction<\/span> of the project. The fee, if any, charged by the project engineer or architect for determining the cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any standards established by the Division or law<\/span> to the contrary except as provided in this subsection, any public institution of higher education that has in effect a signed memorandum<\/span> of understanding with the Secretary of Administration regarding participation in the nongeneral fund decentralization program as set forth in the appropriation act may enter into contracts<\/span> for specific construction<\/span> projects without the preliminary review and approval of the Division, provided such institutions are in compliance with the requirements of the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.) and utilize the general terms and conditions for those forms of procurement approved by the Division and the Office of the Attorney General<\/span>. The authority granted in this subsection shall only become effective if the institution meets the conditions prescribed in subsection A of § 23.1-1002<\/a>. The Secretary of Administration shall establish guidelines to assist institutions in evaluating alternative project delivery methods prior to entering into a contract<\/span>. For projects constructed pursuant to this subsection, the responsibility of the Division of Engineering and Buildings shall be as set forth in subsection C of § 36-98.1<\/a>.\n\t\t\tFor purposes of this section, “construction<\/span>” shall include new construction<\/span>, reconstruction, renovation, restoration, major repair, demolition and all similar work upon buildings and ancillary facilities owned or to be acquired by the Commonwealth. It shall not include buildings or other facilities ancillary to the use of state highways that are located within the right-of-way of any state highway, or assets<\/span> for use by the Virginia Port Authority within the boundaries of property owned or leased by the Virginia Port Authority. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATION OF CAPITAL OUTLAY CONSTRUCTION; EXCEPTION FOR CERTAIN EDUCATIONAL\nINSTITUTIONS (\u00a7 2.2-1132)\n\nA. The Division shall provide assistance in the administration of capital outlay\nconstruction projects set forth in the appropriation act, other than highway\nconstruction undertaken by the Department of Transportation and the acquisition\nor improvement of specialized cargo-handling equipment and related port\ninfrastructure including, but not limited to, port construction, renovation, and\ndemolition that is required in a timely manner to meet market demands to enhance\ncommerce through the Virginia Port Authority, the review and approval of plans\nand specifications, and acceptance of completed projects.\n\nB. The Division may establish standards, as needed, for construction by the\nCommonwealth and may, with the advice of the Attorney General, establish\nstandard contract provisions and procedures for the procurement and\nadministration of construction and for the procurement and administration of\narchitectural and engineering services relating to construction, which shall be\nused by all departments, agencies and institutions of the Commonwealth. All\ndepartments, agencies and institutions of the Commonwealth shall ensure that the\ndesign and construction of state-owned buildings comply with the standards\ngoverning energy use and efficiency established by the Division. The standards\nmay provide for incentive contracting that offers a contractor whose bid is\naccepted the opportunity to share in any cost savings realized by the\nCommonwealth when project costs are reduced by the contractor, without affecting\nproject quality, during construction of the project. The fee, if any, charged by\nthe project engineer or architect for determining the cost savings shall be paid\nas a separate cost and shall not be calculated as part of any cost savings.\n\nC. Notwithstanding any standards established by the Division or law to the\ncontrary except as provided in this subsection, any public institution of higher\neducation that has in effect a signed memorandum of understanding with the\nSecretary of Administration regarding participation in the nongeneral fund\ndecentralization program as set forth in the appropriation act may enter into\ncontracts for specific construction projects without the preliminary review and\napproval of the Division, provided such institutions are in compliance with the\nrequirements of the Virginia Public Procurement Act (§ 2.2-4300 et seq.)\nand utilize the general terms and conditions for those forms of procurement\napproved by the Division and the Office of the Attorney General. The authority\ngranted in this subsection shall only become effective if the institution meets\nthe conditions prescribed in subsection A of § 23.1-1002. The Secretary of\nAdministration shall establish guidelines to assist institutions in evaluating\nalternative project delivery methods prior to entering into a contract. For\nprojects constructed pursuant to this subsection, the responsibility of the\nDivision of Engineering and Buildings shall be as set forth in subsection C of\n§ 36-98.1.\n\t\t\tFor purposes of this section, “construction” shall include new\nconstruction, reconstruction, renovation, restoration, major repair, demolition\nand all similar work upon buildings and ancillary facilities owned or to be\nacquired by the Commonwealth. It shall not include buildings or other facilities\nancillary to the use of state highways that are located within the right-of-way\nof any state highway, or assets for use by the Virginia Port Authority within\nthe boundaries of property owned or leased by the Virginia Port Authority.\n\nHISTORY: 1982, c. 647, \u00a7 2.1-483.1; 1984, c. 641; 1994, c. 924; 1997, c. 488;\n2001, c. 844; 2005, cc. 933, 945; 2006, c. 939.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}