{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-209.html"}],"law_id":60169,"edition_id":1,"section_id":60169,"structure_id":14918,"section_number":"33.2-209","catch_line":"Construction and maintenance contracts and activities related to passenger and freight rail and public transportation","history":"Code 1950, \u00a7 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, \u00a7 33.1-12; 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc. 281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924; 2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670, 690; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741; 2014, c. 805; 2016, cc. 139, 369; 2017, cc. 699, 704.","full_text":"A\n\nThe Board shall have the power and duty to let all contracts to be administered by the Department of Transportation or the Department of Rail and Public Transportation for the construction, maintenance, and improvement of the highways comprising systems of state highways and for all activities related to passenger and freight rail and public transportation in excess of $5 million. The Commissioner of Highways has authority to let all Department of Transportation-administered contracts for highway construction, maintenance, and improvements up to $5 million in value. The Director of the Department of Rail and Public Transportation has the authority to let contracts for passenger and freight rail and public transportation improvements up to $5 million in value. The Commissioner of Highways is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value and without prior concurrence of the Commissioner of Highways or the Board for highway construction, maintenance, and improvements within their jurisdictions, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts. The Director of the Department of Rail and Public Transportation is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value and without prior concurrence of the Director of the Department of Rail and Public Transportation or the Board for passenger and freight rail and public transportation activities within their jurisdictions, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts. The Commissioner of Highways and the Director of the Department of Rail and Public Transportation shall report on their respective transportation contracting activities at least quarterly to the Board.B\n\nThe Board may award contracts for the construction of transportation projects on a design-build basis. These contracts may be awarded after a written determination is made by the Commissioner of Highways or the Director of the Department of Rail and Public Transportation, pursuant to objective criteria previously adopted by the Board regarding the use of design-build, that delivery of the projects must be expedited and that it is not in the public interest to comply with the design and construction contracting procedures normally followed. Such objective criteria shall include requirements for prequalification of contractors and competitive bidding processes. These contracts shall be of such size and scope to encourage maximum competition and participation by agency prequalified and otherwise qualified contractors. Such determination shall be retained for public inspection in the official records of the Department of Transportation or the Department of Rail and Public Transportation, as the case may be, and shall include a description of the nature and scope of the project and the reasons for the Commissioner’s or the Director’s determination that awarding a design-build contract will best serve the public interest. A Request for Proposal for transportation projects to be delivered on a design-build basis pursuant to this section may allow for the submission and consideration of alternative technical concepts in accordance with the procedures set forth in such Request for Proposal. The provisions of this section shall supersede contrary provisions of subsection D of § 2.2-4303.\n\t\t\tFor the purposes of this subsection, “alternative technical concepts” means proposed changes to agency-supplied base design configurations, project scope, design, or construction criteria that provide a solution that is equal to or better than the requirements in the Request for Proposal.C\n\nThe Board may award contracts for the provision of equipment, materials, and supplies to be used in construction of transportation projects on a fixed-price basis. Any such contract may provide that the price to be paid for the provision of equipment, materials, and supplies to be furnished in connection with the projects shall not be increased but shall remain fixed until completion of the projects specified in the contracts. Material components of any such contract for annual and multiyear programs, including maintenance, may be fixed at the outset of the projects and until completion based on best achievable prices.","order_by":null,"text":{"0":{"id":220127,"text":"The Board shall have the power and duty to let all contracts to be administered by the Department of Transportation or the Department of Rail and Public Transportation for the construction, maintenance, and improvement of the highways comprising systems of state highways and for all activities related to passenger and freight rail and public transportation in excess of $5 million. The Commissioner of Highways has authority to let all Department of Transportation-administered contracts for highway construction, maintenance, and improvements up to $5 million in value. The Director of the Department of Rail and Public Transportation has the authority to let contracts for passenger and freight rail and public transportation improvements up to $5 million in value. The Commissioner of Highways is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value and without prior concurrence of the Commissioner of Highways or the Board for highway construction, maintenance, and improvements within their jurisdictions, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts. The Director of the Department of Rail and Public Transportation is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value and without prior concurrence of the Director of the Department of Rail and Public Transportation or the Board for passenger and freight rail and public transportation activities within their jurisdictions, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts. The Commissioner of Highways and the Director of the Department of Rail and Public Transportation shall report on their respective transportation contracting activities at least quarterly to the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220128,"text":"The Board may award contracts for the construction of transportation projects on a design-build basis. These contracts may be awarded after a written determination is made by the Commissioner of Highways or the Director of the Department of Rail and Public Transportation, pursuant to objective criteria previously adopted by the Board regarding the use of design-build, that delivery of the projects must be expedited and that it is not in the public interest to comply with the design and construction contracting procedures normally followed. Such objective criteria shall include requirements for prequalification of contractors and competitive bidding processes. These contracts shall be of such size and scope to encourage maximum competition and participation by agency prequalified and otherwise qualified contractors. Such determination shall be retained for public inspection in the official records of the Department of Transportation or the Department of Rail and Public Transportation, as the case may be, and shall include a description of the nature and scope of the project and the reasons for the Commissioner’s or the Director’s determination that awarding a design-build contract will best serve the public interest. A Request for Proposal for transportation projects to be delivered on a design-build basis pursuant to this section may allow for the submission and consideration of alternative technical concepts in accordance with the procedures set forth in such Request for Proposal. The provisions of this section shall supersede contrary provisions of subsection D of § 2.2-4303.\n\t\t\tFor the purposes of this subsection, “alternative technical concepts” means proposed changes to agency-supplied base design configurations, project scope, design, or construction criteria that provide a solution that is equal to or better than the requirements in the Request for Proposal.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220129,"text":"The Board may award contracts for the provision of equipment, materials, and supplies to be used in construction of transportation projects on a fixed-price basis. Any such contract may provide that the price to be paid for the provision of equipment, materials, and supplies to be furnished in connection with the projects shall not be increased but shall remain fixed until completion of the projects specified in the contracts. Material components of any such contract for annual and multiyear programs, including maintenance, may be fixed at the outset of the projects and until completion based on best achievable prices.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14918,"edition_id":1,"name":"Commonwealth Transportation Board; Powers and Duties","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13136,"metadata":{},"date_created":"2026-06-26 03:50:46","date_modified":"2026-06-26 03:50:46","permalink":{"id":204911,"object_type":"structure","relational_id":14918,"identifier":"2","token":"33.2\/I\/2\/2","url":"\/33.2\/I\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13136,"edition_id":1,"name":"Transportation Entities","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13135,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204875,"object_type":"structure","relational_id":13136,"identifier":"2","token":"33.2\/I\/2","url":"\/33.2\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13135,"edition_id":1,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204787,"object_type":"structure","relational_id":13135,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79659,"structure_id":14918,"section_number":"33.2-208","catch_line":"Location of routes","url":"\/33.2-208\/","token":"33.2\/I\/2\/2\/33.2-208","metadata":false},{"id":60169,"structure_id":14918,"section_number":"33.2-209","catch_line":"Construction and maintenance contracts and activities related to passenger and freight rail and public transportation","url":"\/33.2-209\/","token":"33.2\/I\/2\/2\/33.2-209","metadata":false},{"id":77318,"structure_id":14918,"section_number":"33.2-210","catch_line":"Traffic regulations; penalty","url":"\/33.2-210\/","token":"33.2\/I\/2\/2\/33.2-210","metadata":false},{"id":64066,"structure_id":14918,"section_number":"33.2-211","catch_line":"Copies of regulations as evidence","url":"\/33.2-211\/","token":"33.2\/I\/2\/2\/33.2-211","metadata":false},{"id":82851,"structure_id":14918,"section_number":"33.2-212","catch_line":"Sections not applicable to certain engines and tractors","url":"\/33.2-212\/","token":"33.2\/I\/2\/2\/33.2-212","metadata":false},{"id":87002,"structure_id":14918,"section_number":"33.2-213","catch_line":"Naming highways, bridges, interchanges, and other transportation facilities","url":"\/33.2-213\/","token":"33.2\/I\/2\/2\/33.2-213","metadata":false},{"id":57318,"structure_id":14918,"section_number":"33.2-214","catch_line":"Transportation; Six-Year Improvement Program","url":"\/33.2-214\/","token":"33.2\/I\/2\/2\/33.2-214","metadata":false},{"id":71998,"structure_id":14918,"section_number":"33.2-214.1","catch_line":"Statewide prioritization process for project selection","url":"\/33.2-214.1\/","token":"33.2\/I\/2\/2\/33.2-214.1","metadata":false},{"id":85460,"structure_id":14918,"section_number":"33.2-214.2","catch_line":"Transparency in the development of the Six-Year Improvement Program, statewide prioritization process, and state of good repair program","url":"\/33.2-214.2\/","token":"33.2\/I\/2\/2\/33.2-214.2","metadata":false},{"id":72093,"structure_id":14918,"section_number":"33.2-214.3","catch_line":"Transparency in project selection in Planning District 8","url":"\/33.2-214.3\/","token":"33.2\/I\/2\/2\/33.2-214.3","metadata":false},{"id":83686,"structure_id":14918,"section_number":"33.2-214.4","catch_line":"Statewide prioritization for the Commonwealth Mass Transit Fund","url":"\/33.2-214.4\/","token":"33.2\/I\/2\/2\/33.2-214.4","metadata":false},{"id":56935,"structure_id":14918,"section_number":"33.2-215","catch_line":"Policies and operation of Departments","url":"\/33.2-215\/","token":"33.2\/I\/2\/2\/33.2-215","metadata":false},{"id":76483,"structure_id":14918,"section_number":"33.2-216","catch_line":"Roadside memorials; penalty","url":"\/33.2-216\/","token":"33.2\/I\/2\/2\/33.2-216","metadata":false},{"id":77800,"structure_id":14918,"section_number":"33.2-217","catch_line":"Prohibition of certain weeds and plants on highway rights-of-way","url":"\/33.2-217\/","token":"33.2\/I\/2\/2\/33.2-217","metadata":false},{"id":68184,"structure_id":14918,"section_number":"33.2-218","catch_line":"Fees for participating in the Integrated Directional Sign Program","url":"\/33.2-218\/","token":"33.2\/I\/2\/2\/33.2-218","metadata":false},{"id":65424,"structure_id":14918,"section_number":"33.2-219","catch_line":"Statements to be filed with Commonwealth Transportation Board by transit systems","url":"\/33.2-219\/","token":"33.2\/I\/2\/2\/33.2-219","metadata":false},{"id":63442,"structure_id":14918,"section_number":"33.2-220","catch_line":"Transfer of interest in and control over certain highways, highway rights-of-way, and landings","url":"\/33.2-220\/","token":"33.2\/I\/2\/2\/33.2-220","metadata":false},{"id":81007,"structure_id":14918,"section_number":"33.2-221","catch_line":"Other powers, duties, and responsibilities","url":"\/33.2-221\/","token":"33.2\/I\/2\/2\/33.2-221","metadata":false},{"id":71577,"structure_id":14918,"section_number":"33.2-221.1","catch_line":" Use of biodiesel and other alternative fuels in vehicles providing public transportation","url":"\/33.2-221.1\/","token":"33.2\/I\/2\/2\/33.2-221.1","metadata":false}],"previous_section":{"id":79659,"structure_id":14918,"section_number":"33.2-208","catch_line":"Location of routes","url":"\/33.2-208\/","token":"33.2\/I\/2\/2\/33.2-208","metadata":false},"next_section":{"id":77318,"structure_id":14918,"section_number":"33.2-210","catch_line":"Traffic regulations; penalty","url":"\/33.2-210\/","token":"33.2\/I\/2\/2\/33.2-210","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-209\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 23 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 1956, chapter 92; in 1964, chapter 265; in 1970, chapter 322; in 1974, chapter 462; in 1977, chapter 150; in 1978, chapter 650; in 1988, chapters 844 and 903; in 1989, chapter 727; in 1992, chapter 167; in 1995, chapter 94<\/a>; in 2001, chapter 349<\/a>; in 2003, chapters 281<\/a>, 533<\/a>, and 560<\/a>; in 2004, chapter 110<\/a>; in 2005, chapters 839<\/a> and 919<\/a>; in 2006, chapters 197<\/a>, 417<\/a>, 833<\/a>, and 924<\/a>; in 2007, chapter 337<\/a>; in 2009, chapters 670<\/a> and 690<\/a>; in 2011, chapters 104<\/a> and 164<\/a>; in 2012, chapters 729<\/a> and 733<\/a>; in 2013, chapters 388<\/a>, 569<\/a>, 585<\/a>, 646<\/a>, and 741<\/a>; in 2014, chapter 805<\/a>; in 2016, chapters 139<\/a> and 369<\/a>; in 2017, chapters 699<\/a> and 704<\/a>.<\/p>","references":[{"id":84046,"section_number":"2.2-4317","catch_line":"Prequalification generally; prequalification for construction","order_by":null,"url":"\/2.2-4317\/"},{"id":81611,"section_number":"33.2-228","catch_line":"Agreements between Commissioner of Highways and certain localities","order_by":null,"url":"\/33.2-228\/"},{"id":71657,"section_number":"33.2-261","catch_line":"Value engineering required in certain projects","order_by":null,"url":"\/33.2-261\/"},{"id":54365,"section_number":"33.2-269","catch_line":"Localities may use design-build contracts","order_by":null,"url":"\/33.2-269\/"},{"id":70747,"section_number":"33.2-301","catch_line":" Contracts for maintenance of components of Interstate System","order_by":null,"url":"\/33.2-301\/"}],"refers_to":[{"id":60713,"section_number":"2.2-4303","catch_line":"Methods of procurement","order_by":null,"url":"\/2.2-4303\/"}],"permalink":{"id":204917,"object_type":"law","relational_id":60169,"identifier":"33.2-209","token":"33.2\/I\/2\/2\/33.2-209","url":"\/33.2-209\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-209\/","token":"33.2\/I\/2\/2\/33.2-209","dublin_core":{"Title":"Construction and maintenance contracts and activities related to passenger and freight rail and public transportation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall have the power and duty to let all contracts<\/span> to be administered by the Department<\/span> of Transportation or the Department<\/span> of Rail and Public Transportation<\/span> for the construction, maintenance<\/span>, and improvement of the highways comprising systems of state highways and for all activities related to passenger and freight rail and public transportation<\/span> in excess of $5 million. The Commissioner of Highways<\/span> has authority to let all Department<\/span> of Transportation-administered contracts<\/span> for highway construction<\/span>, maintenance<\/span>, and improvements up to $5 million in value. The Director of the Department<\/span> of Rail and Public Transportation<\/span> has the authority to let contracts<\/span> for passenger and freight rail and public transportation<\/span> improvements up to $5 million in value. The Commissioner of Highways<\/span> is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts<\/span> with no limit on contract<\/span> value and without prior concurrence of the Commissioner of Highways<\/span> or the Board<\/span> for highway construction<\/span>, maintenance<\/span>, and improvements within their jurisdictions<\/span>, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts<\/span>. The Director of the Department<\/span> of Rail and Public Transportation<\/span> is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts<\/span> with no limit on contract<\/span> value and without prior concurrence of the Director of the Department<\/span> of Rail and Public Transportation<\/span> or the Board<\/span> for passenger and freight rail and public transportation<\/span> activities within their jurisdictions<\/span>, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts<\/span>. The Commissioner of Highways<\/span> and the Director of the Department<\/span> of Rail and Public Transportation<\/span> shall report on their respective transportation contracting activities at least quarterly to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> may award contracts<\/span> for the construction of transportation projects on a design-build basis. These contracts<\/span> may be awarded after a written determination is made by the Commissioner of Highways<\/span> or the Director of the Department<\/span> of Rail and Public Transportation<\/span>, pursuant to objective criteria previously adopted by the Board<\/span> regarding the use of design-build, that delivery of the projects must be expedited and that it is not in the public interest to comply with the design and construction contracting procedures normally followed. Such objective criteria shall include requirements for prequalification of contractors and competitive bidding processes. These contracts<\/span> shall be of such size and scope to encourage maximum competition and participation by agency prequalified and otherwise qualified contractors. Such determination shall be retained for public inspection in the official records of the Department<\/span> of Transportation or the Department<\/span> of Rail and Public Transportation<\/span>, as the case may be, and shall include a description of the nature and scope of the project and the reasons for the Commissioner’s or the Director’s determination that awarding a design-build contract<\/span> will best serve the public interest. A Request for Proposal for transportation projects to be delivered on a design-build basis pursuant to this section may allow for the submission and consideration of alternative technical concepts<\/span> in accordance with the procedures set forth in such Request for Proposal. The provisions of this section shall supersede contrary provisions of subsection D of § 2.2-4303<\/a>.\n\t\t\tFor the purposes of this subsection, “alternative technical concepts<\/span>” means proposed changes to agency-supplied base design configurations, project scope, design, or construction criteria that provide a solution that is equal to or better than the requirements in the Request for Proposal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> may award contracts<\/span> for the provision of equipment, materials<\/span>, and supplies to be used in construction of transportation projects on a fixed-price basis. Any such contract<\/span> may provide that the price to be paid for the provision of equipment, materials<\/span>, and supplies to be furnished in connection with the projects shall not be increased but shall remain fixed until completion of the projects specified in the contracts<\/span>. Material<\/span> components of any such contract<\/span> for annual and multiyear programs, including maintenance<\/span>, may be fixed at the outset of the projects and until completion based on best achievable prices. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSTRUCTION AND MAINTENANCE CONTRACTS AND ACTIVITIES RELATED TO PASSENGER AND\nFREIGHT RAIL AND PUBLIC TRANSPORTATION (\u00a7 33.2-209)\n\nA. The Board shall have the power and duty to let all contracts to be\nadministered by the Department of Transportation or the Department of Rail and\nPublic Transportation for the construction, maintenance, and improvement of the\nhighways comprising systems of state highways and for all activities related to\npassenger and freight rail and public transportation in excess of $5 million.\nThe Commissioner of Highways has authority to let all Department of\nTransportation-administered contracts for highway construction, maintenance, and\nimprovements up to $5 million in value. The Director of the Department of Rail\nand Public Transportation has the authority to let contracts for passenger and\nfreight rail and public transportation improvements up to $5 million in value.\nThe Commissioner of Highways is authorized to enter into agreements with\nlocalities, authorities, and transportation districts to administer projects and\nto allow those localities, authorities, and transportation districts to let\ncontracts with no limit on contract value and without prior concurrence of the\nCommissioner of Highways or the Board for highway construction, maintenance, and\nimprovements within their jurisdictions, in accordance with those provisions of\nthis Code providing those localities, authorities, and transportation districts\nthe ability to let such contracts. The Director of the Department of Rail and\nPublic Transportation is authorized to enter into agreements with localities,\nauthorities, and transportation districts to administer projects and to allow\nthose localities, authorities, and transportation districts to let contracts\nwith no limit on contract value and without prior concurrence of the Director of\nthe Department of Rail and Public Transportation or the Board for passenger and\nfreight rail and public transportation activities within their jurisdictions, in\naccordance with those provisions of this Code providing those localities,\nauthorities, and transportation districts the ability to let such contracts. The\nCommissioner of Highways and the Director of the Department of Rail and Public\nTransportation shall report on their respective transportation contracting\nactivities at least quarterly to the Board.\n\nB. The Board may award contracts for the construction of transportation projects\non a design-build basis. These contracts may be awarded after a written\ndetermination is made by the Commissioner of Highways or the Director of the\nDepartment of Rail and Public Transportation, pursuant to objective criteria\npreviously adopted by the Board regarding the use of design-build, that delivery\nof the projects must be expedited and that it is not in the public interest to\ncomply with the design and construction contracting procedures normally\nfollowed. Such objective criteria shall include requirements for\nprequalification of contractors and competitive bidding processes. These\ncontracts shall be of such size and scope to encourage maximum competition and\nparticipation by agency prequalified and otherwise qualified contractors. Such\ndetermination shall be retained for public inspection in the official records of\nthe Department of Transportation or the Department of Rail and Public\nTransportation, as the case may be, and shall include a description of the\nnature and scope of the project and the reasons for the Commissioner’s or\nthe Director’s determination that awarding a design-build contract will\nbest serve the public interest. A Request for Proposal for transportation\nprojects to be delivered on a design-build basis pursuant to this section may\nallow for the submission and consideration of alternative technical concepts in\naccordance with the procedures set forth in such Request for Proposal. The\nprovisions of this section shall supersede contrary provisions of subsection D\nof § 2.2-4303.\n\t\t\tFor the purposes of this subsection, “alternative technical\nconcepts” means proposed changes to agency-supplied base design\nconfigurations, project scope, design, or construction criteria that provide a\nsolution that is equal to or better than the requirements in the Request for\nProposal.\n\nC. The Board may award contracts for the provision of equipment, materials, and\nsupplies to be used in construction of transportation projects on a fixed-price\nbasis. Any such contract may provide that the price to be paid for the provision\nof equipment, materials, and supplies to be furnished in connection with the\nprojects shall not be increased but shall remain fixed until completion of the\nprojects specified in the contracts. Material components of any such contract\nfor annual and multiyear programs, including maintenance, may be fixed at the\noutset of the projects and until completion based on best achievable prices.\n\nHISTORY: Code 1950, \u00a7 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, \u00a7\n33.1-12; 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c. 13; 1988,\ncc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc.\n281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924;\n2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670,\n690; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741;\n2014, c. 805; 2016, cc. 139, 369; 2017, cc. 699, 704.","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}}