{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4380.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4380.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4380.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4380.html"}],"law_id":83894,"edition_id":1,"section_id":83894,"structure_id":16881,"section_number":"2.2-4380","catch_line":"Construction management or design-build contracts for state public bodies authorized","history":"2017, cc. 699, 704; 2024, cc. 469, 490.","full_text":"A\n\nAny 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.B\n\nProcedures adopted by a state public body pursuant to this article shall include the following requirements:1\n\nA 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\n\nPrior 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\n\nPublic 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\n\nFor 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\n\nPrior 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\n\nConstruction 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\n\nThe procedures allow for a two-step competitive negotiation process; and8\n\nThe 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\n\nThe 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\n\nThe written determination of the state public body;2\n\nThe compliance by the state public body with subdivisions B 1, 2, and 7;3\n\nThe project cost, expected timeline, and use;4\n\nWhether the project is a complex project; and5\n\nAny other criteria established by the Department to evaluate the proposed procurement method for the project.D\n\nThe 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\n\nAll 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.","order_by":null,"text":{"0":{"id":300650,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":300651,"text":"Procedures adopted by a state public body pursuant to this article shall include the following requirements:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":300652,"text":"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;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":300653,"text":"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;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":300654,"text":"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;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":300655,"text":"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;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":300656,"text":"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;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":300657,"text":"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;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":300658,"text":"The procedures allow for a two-step competitive negotiation process; and","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":300659,"text":"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.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"C"},"10":{"id":300660,"text":"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:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B8","next_prefix":"C1"},"11":{"id":300661,"text":"The written determination of the state public body;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"12":{"id":300662,"text":"The compliance by the state public body with subdivisions B 1, 2, and 7;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"13":{"id":300663,"text":"The project cost, expected timeline, and use;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"14":{"id":300664,"text":"Whether the project is a complex project; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"15":{"id":300665,"text":"Any other criteria established by the Department to evaluate the proposed procurement method for the project.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"16":{"id":300666,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"17":{"id":300667,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16881,"edition_id":1,"name":"Procedures for State Public Bodies","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":15809,"metadata":{},"date_created":"2026-06-26 04:54:30","date_modified":"2026-06-26 04:54:30","permalink":{"id":177431,"object_type":"structure","relational_id":16881,"identifier":"2","token":"2.2\/II\/B\/43.1\/2","url":"\/2.2\/II\/B\/43.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15809,"edition_id":1,"name":"Construction Management and Design-Build Contracting","identifier":"43.1","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:59:53","date_modified":"2026-06-26 03:59:53","permalink":{"id":177419,"object_type":"structure","relational_id":15809,"identifier":"43.1","token":"2.2\/II\/B\/43.1","url":"\/2.2\/II\/B\/43.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","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":83894,"structure_id":16881,"section_number":"2.2-4380","catch_line":"Construction management or design-build contracts for state public bodies authorized","url":"\/2.2-4380\/","token":"2.2\/II\/B\/43.1\/2\/2.2-4380","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4380\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 699<\/a> and 704<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2024, chapters 469<\/a> and 490<\/a>.<\/p>","references":[{"id":74904,"section_number":"2.2-4383","catch_line":"Reporting requirements","order_by":null,"url":"\/2.2-4383\/"}],"refers_to":[{"id":71233,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","order_by":null,"url":"\/2.2-4342\/"}],"permalink":{"id":177433,"object_type":"law","relational_id":83894,"identifier":"2.2-4380","token":"2.2\/II\/B\/43.1\/2\/2.2-4380","url":"\/2.2-4380\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4380\/","token":"2.2\/II\/B\/43.1\/2\/2.2-4380","dublin_core":{"Title":"Construction management or design-build contracts for state public bodies authorized","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4380","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any state public body<\/span> may enter into a contract<\/span> for construction on a fixed price or not-to-exceed price construction management or design-build basis, provided that (i) the Department<\/span> has approved the use of construction management or design-build contracts<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Procedures adopted by a state public body<\/span> pursuant to this article shall include the following requirements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A written determination is made in advance by the state public body<\/span> that the design-bid-build<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prior to making a determination as to the use of construction management or design-build for a specific construction project, a state public body<\/span> shall have in its employ or under contract<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Public notice of the Request for Qualifications is posted on the Department<\/span>’s central electronic procurement website, known as eVA, at least 30 days prior to the date set for receipt of qualification proposals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For construction management contracts<\/span>, the contract<\/span> is entered into no later than the completion of the schematic phase of design, unless prohibited by authorization of funding restrictions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Prior construction management or design-build experience or previous experience with the Division<\/span> shall not be considered as a prerequisite or factor considered for prequalification or award of a contract<\/span>. However, in the selection of a contractor, a state public body<\/span> may consider the experience of each contractor on comparable projects of similar complexity and size; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Construction management contracts<\/span> 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<\/span> bidding to the maximum extent practicable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The procedures allow for a two-step competitive negotiation process; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The procedures allow the state public body<\/span> to post on the Department<\/span>’s central electronic procurement website known as eVA when and where the general contractor plans to advertise bid packages for subcontracting opportunities when appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall evaluate the proposed procurement method selected by the state public body<\/span> 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<\/span> shall also consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The written determination of the state public body<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The compliance by the state public body<\/span> with subdivisions B 1, 2, and 7; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The project cost, expected timeline, and use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Whether the project is a complex project<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any other criteria established by the Department<\/span> to evaluate the proposed procurement method for the project. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> 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<\/span> shall be maintained in the procurement file. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All documents open to public inspection pursuant to § 2.2-4342<\/a> that are issued or received by the Department<\/span> shall be posted on the Department<\/span>’s central electronic procurement website known as eVA. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSTRUCTION MANAGEMENT OR DESIGN-BUILD CONTRACTS FOR STATE PUBLIC BODIES\nAUTHORIZED (\u00a7 2.2-4380)\n\nA. Any state public body may enter into a contract for construction on a fixed\nprice or not-to-exceed price construction management or design-build basis,\nprovided that (i) the Department has approved the use of construction management\nor design-build contracts and (ii) such public body complies with the\nrequirements of this article and the procedures adopted by the Secretary of\nAdministration for using construction management or design-build contracts.\n\nB. Procedures adopted by a state public body pursuant to this article shall\ninclude the following requirements:\n\n 1. A written determination is made in advance by the state public body that\n the design-bid-build project delivery method is not practicable or fiscally\n advantageous, and such writing shall document the basis for the determination\n to use construction management or design-build. The determination shall be\n included in the Request for Qualifications and maintained in the procurement\n file;\n\n 2. Prior to making a determination as to the use of construction management or\n design-build for a specific construction project, a state public body shall\n have in its employ or under contract a licensed architect or engineer with\n professional competence appropriate to the project who shall (i) advise the\n public body regarding the use of construction management or design-build for\n that project and (ii) assist the public body with the preparation of the\n Request for Proposal and the evaluation of such proposals;\n\n 3. Public notice of the Request for Qualifications is posted on the\n Department’s central electronic procurement website, known as eVA, at\n least 30 days prior to the date set for receipt of qualification proposals;\n\n 4. For construction management contracts, the contract is entered into no\n later than the completion of the schematic phase of design, unless prohibited\n by authorization of funding restrictions;\n\n 5. Prior construction management or design-build experience or previous\n experience with the Division shall not be considered as a prerequisite or\n factor considered for prequalification or award of a contract. However, in the\n selection of a contractor, a state public body may consider the experience of\n each contractor on comparable projects of similar complexity and size;\n\n 6. Construction management contracts shall require that (i) no more than 10\n percent of the construction work, as measured by the cost of the work, be\n performed by the construction manager with its own forces and (ii) the\n remaining 90 percent of the construction work, as measured by the cost of the\n work, be performed by subcontractors of the construction manager, which the\n construction manager shall procure by publicly advertised, competitive sealed\n bidding to the maximum extent practicable;\n\n 7. The procedures allow for a two-step competitive negotiation process; and\n\n 8. The procedures allow the state public body to post on the\n Department’s central electronic procurement website known as eVA when\n and where the general contractor plans to advertise bid packages for\n subcontracting opportunities when appropriate.\n\nC. The Department shall evaluate the proposed procurement method selected by the\nstate public body and make its recommendation as to whether the use of the\nconstruction management or design-build procurement method is appropriate for\nthe specific project. In its review, the Department shall also consider:\n\n 1. The written determination of the state public body;\n\n 2. The compliance by the state public body with subdivisions B 1, 2, and 7;\n\n 3. The project cost, expected timeline, and use;\n\n 4. Whether the project is a complex project; and\n\n 5. Any other criteria established by the Department to evaluate the proposed\n procurement method for the project.\n\nD. The Department shall conduct its review within five working days after\nreceipt of the written determination and render its written approval or denial\nwithin such five-working-day period. The written approval or denial of the\nDepartment shall be maintained in the procurement file.\n\nE. All documents open to public inspection pursuant to § 2.2-4342 that are\nissued or received by the Department shall be posted on the Department’s\ncentral electronic procurement website known as eVA.\n\nHISTORY: 2017, cc. 699, 704; 2024, cc. 469, 490.","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}}