                                 CODE OF VIRGINIA

CONSTRUCTION MANAGEMENT OR DESIGN-BUILD CONTRACTS FOR STATE PUBLIC BODIES
AUTHORIZED (§ 2.2-4380)

A. 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.

B. Procedures adopted by a state public body pursuant to this article shall
include the following requirements:

   1. 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;

   2. 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;

   3. Public notice of the Request for Qualifications is posted on the
   Department&#8217;s central electronic procurement website, known as eVA, at
   least 30 days prior to the date set for receipt of qualification proposals;

   4. 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;

   5. 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;

   6. 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;

   7. The procedures allow for a two-step competitive negotiation process; and

   8. The procedures allow the state public body to post on the
   Department&#8217;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. 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:

   1. The written determination of the state public body;

   2. The compliance by the state public body with subdivisions B 1, 2, and 7;

   3. The project cost, expected timeline, and use;

   4. Whether the project is a complex project; and

   5. Any other criteria established by the Department to evaluate the proposed
   procurement method for the project.

D. 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.

E. All documents open to public inspection pursuant to &#xA7; 2.2-4342 that are
issued or received by the Department shall be posted on the Department&#8217;s
central electronic procurement website known as eVA.

HISTORY: 2017, cc. 699, 704; 2024, cc. 469, 490.