                                 CODE OF VIRGINIA

ADMINISTRATION OF CAPITAL OUTLAY CONSTRUCTION; EXCEPTION FOR CERTAIN EDUCATIONAL
INSTITUTIONS (§ 2.2-1132)

A. 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.

B. 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.

C. 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 (&#xA7; 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 &#xA7; 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
&#xA7; 36-98.1.
			For purposes of this section, &#8220;construction&#8221; 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.

HISTORY: 1982, c. 647, § 2.1-483.1; 1984, c. 641; 1994, c. 924; 1997, c. 488;
2001, c. 844; 2005, cc. 933, 945; 2006, c. 939.