Virginia Public Procurement Act; bid bonds, construction contracts.
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SB 258 — Virginia Public Procurement Act; bid bonds, construction contracts.
Last action — Approved by Governor-Chapter 413 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Virginia Public Procurement Act; bid bonds; certain transportation-related contracts. Provides that, except in cases of emergency, all bids and proposals for certain transportation-related contracts in excess of $350,000 and partially or wholly funded by the Commonwealth shall be accompanied by a bid bond. Current law sets the bid or proposal amount for such contracts at $250,000.
Bill Text
What changed in the latest version
25 added · 25 removedPlain-language change summary
The recent amendment to Bill SB 258 adjusts the bid bond requirements for construction contracts in Virginia. Specifically, it raises the threshold for transportation-related projects from $250,000 to $350,000. This change is important as it could reduce the financial burden on smaller contractors, allowing them to participate in more projects without the need for a bid bond, which can be a significant cost. Additionally, it clarifies the maximum limit on bond forfeiture, ensuring that contractors are not penalized excessively if they fail to secure a contract.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E413 An Act to amend and reenact § 2.2-4336 of the Code of Virginia, relating to Virginia Public N Procurement Act;
R O [S 258] Approved LApril L11, 1.2022 Be it enacted by the General Assembly of Virginia:
1.
E § 2.2-4336.
Except in cases of emergency, all bids or proposals for nontransportation-related construction contracts in excess of $500,000 or transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 that are in excess of $250,000 $350,000 and partially or wholly thefunded bidderby thatthe isCommonwealth authorizedshall tobe doaccompanied businessby in Virginia, as a guaranteebid thatbond iffrom thea contractsurety iscompany awardedselected toby the bidder, he will enter into the contract for the work mentioned in the bid.
The amount of the bidbidrded to bond shall not exceed five percent of the amount bid.
For nontransportation-related construction contracts in excess of $100,000 but less than B500,000,$500,000, individualwhere projectthe inbid accordancebond withrequirements §are 2.2-4317.ectivewaived, prospective contractors shall be prequalified for e5cheach C.individual project in accordance with § 2.2-4317.
No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the Eid for which the bond was written and the next low bid, or (ii) the face amount of the bid bond.
R D.
NothingNo inforfeiture thisunder section shall preclude a public body from requiring bid bondsbond toshall accompanyexceed bidsthe orlesser proposalsof for(i) constructionthe contractsdifference anticipatedbetween tothe bebid less than $500,000 for underwhich Articlethe 2bond (§was 33.2-208written etand seq.)the ofnext Chapterlow 2bid, ofor Title(ii) 33.2the andface partiallyamount orof whollythe fundedbid bybond. thed Commonwealth.
D.
C.
Nothing in this section shall preclude a public body from requiring bid bonds to accompany bids or proposals for construction contracts anticipated to be less than $500,000 for nontransportation-related projects or $250,000 $350,000 for transportation-related projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 and partially or wholly funded by the Commonwealth.
View plain text versions (4)
- CHAP0413 View text Current pdf April 11, 2022
- SB258ER View text pdf March 11, 2022
- Committee Substitute Committee substitute printed 22107006D-H1 pdf March 03, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101397D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 413 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Impact statement from DPB (SB258ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Title replaced 22107006D-H1
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House substitute agreed to by Senate (39-Y 0-N)
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VOTE: Block Vote Passage (98-Y 0-N)
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Passed House with substitute BLOCK VOTE (98-Y 0-N)
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Engrossed by House - committee substitute SB258H1
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Committee substitute agreed to 22107006D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB258H1)
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Committee substitute printed 22107006D-H1
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Reported from General Laws with substitute (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting (6-Y 1-N)
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Assigned GL sub: Subcommittee #4
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Read third time and passed Senate (40-Y 0-N)
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Read second time and engrossed
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Constitutional reading dispensed (37-Y 0-N)
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Reported from General Laws and Technology (15-Y 0-N)
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Impact statement from DPB (SB258)
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Referred to Committee on General Laws and Technology
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Prefiled and ordered printed; offered 01/12/22 22101397D
Sponsors
- Dan I. Helmer · Cosponsor
- John J. Bell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 1 | 0 | 2 |
| Total | 6 | 1 | 0 | 2 |
| % of votes cast | 67% | 11% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Campbell, Jeffrey L. | — | Nay |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Not Voting |
| James A. "Jay" Leftwich | — | Not Voting |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 258 do?
- Virginia Public Procurement Act; bid bonds; certain transportation-related contracts. Provides that, except in cases of emergency, all bids and proposals for certain transportation-related contracts in excess of $350,000 and partially or wholly funded by the Commonwealth shall be accompanied by a bid bond. Current law sets the bid or proposal amount for such contracts at $250,000.
- Who sponsors SB 258?
- SB 258 is sponsored by Dan I. Helmer and Bell, John J..
- What is the current status of SB 258?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 258?
- Track SB 258 free on One Click Politics — get push/email alerts when it moves.
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