                                 CODE OF VIRGINIA

CONSTRUCTION AND MAINTENANCE CONTRACTS AND ACTIVITIES RELATED TO PASSENGER AND
FREIGHT RAIL AND PUBLIC TRANSPORTATION (§ 33.2-209)

A. 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.

B. 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&#8217;s or
the Director&#8217;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 &#xA7; 2.2-4303.
			For the purposes of this subsection, &#8220;alternative technical
concepts&#8221; 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. 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.

HISTORY: Code 1950, § 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, §
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.