Virginia 2023 Regular Session Status: Enacted

SB 1491 — Virginia Public Procurement Act; construction management, contract requirements.

Last action — Acts of Assembly Chapter text (CHAP0727)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 27, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 6 recorded votes so far — a real headwind.

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.

Bill Text

What changed in the latest version

51 added · 50 removed

Plain-language change summary

The recent amendment to SB 1491 clarifies that local public bodies can enter into construction contracts using a fixed price or not-to-exceed price, while emphasizing the importance of adhering to established procedures. It also specifies that a licensed architect or engineer must be engaged prior to deciding on construction management or design-build methods, ensuring professional oversight in the project. These changes matter because they aim to enhance accountability and ensure that local governments make informed decisions regarding construction projects, which can ultimately lead to better project outcomes and use of taxpayer funds.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 2.2-4382 of the Code of Virginia, relating to Virginia Public N Procurement Act;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 727 An Act to amend and reenact § 2.2-4382 of the Code of Virginia, relating to Virginia Public Procurement Act;
R O [S 1491] Approved L L Be it enacted by the General Assembly of Virginia:
[S 1491] Approved March 27, 2023 Be it enacted by the General Assembly of Virginia:
E § 2.2-4382.
§ 2.2-4382.
Design-build or construction management contracts for local public bodies D autA.
Design-build or construction management contracts for local public bodies authorized.
Any local 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 the local public body (i) complies with the requirements of this article and (ii) has by ordinance or resolution implemented procedures consistent with the procedures adopted by the Secretary of Administration for utilizing construction management or design-build contracts.
A.
B.
Any local 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 the local public body (i) complies with the requirements of this article and (ii) has by ordinance or resolution implemented procedures management or design-build contracts.d by the Secretary of Administration for utilizing construction B.
Prior to making a determination as to the use of construction management or design-build for a specific construction project, a local public body shall have in its employ or under contract aBlicensed architect or engineer with professional competence appropriate to the project who shall (i) adv4se such such public body with the preparation of the Request for Proposal and the evaluation of such pr1posals.st C.
Prior to making a determination as to the use of construction management or design-build for a specific construction project, a local 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 such public body regarding the use of construction management or design-build for that project and (ii) assist such public body with the preparation of the Request for Proposal and the evaluation of such proposals.
C.
Construction management may be utilized on projects where the project cost is expected to be less for utilizing construction management contracts, provided that (i) the project is a complex project andn (ii) the project procurement method is approved by the local governing body.
Construction management may be utilized on projects where the project cost is expected to be less than the project cost threshold established in the procedures adopted by the Secretary of Administration for utilizing construction management contracts, provided that (i) the project is a complex project and (ii) the project procurement method is approved by the local governing body.
Department's Bureau of Capital Outlay Management shall not be required as a prerequisite for award of a contract.
4.
Prior construction management or design-build experience or previous experience with the Department's Bureau of Capital Outlay Management shall not be required as a prerequisite for award of a contract.
The infrastructure projects;vision shall not apply to construction management contracts involving 6.
The provisions of this subdivision shall not apply to construction management contracts involving infrastructure projects;
6.
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Action History

  1. Acts of Assembly Chapter text (CHAP0727)

  2. Approved by Governor-Chapter 727 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 2, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB1491ER)

  8. Bill text as passed Senate and House (SB1491ER)

  9. Enrolled

  10. VOTE: Block Vote Passage (99-Y 0-N)

  11. Passed House BLOCK VOTE (99-Y 0-N)

  12. Read third time

  13. Read second time

  14. Reported from General Laws (22-Y 0-N)

  15. Referred to Committee on General Laws

  16. Read first time

  17. Placed on Calendar

  18. Read third time and passed Senate (40-Y 0-N)

  19. Engrossed by Senate - committee substitute SB1491S1

  20. Committee substitute agreed to 23105713D-S1

  21. Reading of substitute waived

  22. Read second time

  23. Constitutional reading dispensed (38-Y 0-N)

  24. Impact statement from DPB (SB1491S1)

  25. Reported from Finance and Appropriations (12-Y 4-N)

  26. Rereferred to Finance and Appropriations

  27. Committee substitute printed 23105713D-S1

  28. Reported from General Laws and Technology with substitute (14-Y 0-N)

  29. Senate committee, floor amendments and substitutes offered

  30. Impact statement from DPB (SB1491)

  31. Referred to Committee on General Laws and Technology

  32. Presented and ordered printed 23104014D

Sponsors

  • Bell · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Bell

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

labor transportation
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Frequently asked questions

Who sponsors SB 1491?
SB 1491 is sponsored by Bell.
What is the current status of SB 1491?
This bill has been enacted into law. Introduced January 19, 2023. Enacted.
Where can I track SB 1491?
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