Bill Text: VA SB647 | 2024 | Regular Session | Comm Sub
Bill Title: Virginia Public Procurement Act; apprenticeship programs, competitive sealed bidding.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-12 - Continued to 2025 in Finance and Appropriations (15-Y 0-N) [SB647 Detail]
Download: Virginia-2024-SB647-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4302.1 of the Code of Virginia is amended and reenacted as follows:
§2.2-4302.1. Process for competitive sealed bidding.
The process for competitive sealed bidding shall include the following:
1. Issuance of a written Invitation to Bid containing or
incorporating by reference the specifications and contractual terms and
conditions applicable to the procurement. Unless the public body has provided
for prequalification of bidders, the Invitation to Bid shall include a
statement of any requisite qualifications of potential contractors. Any locality
may Public bodies shall include in the Invitation to Bid criteria
that may will be used in determining whether a bidder who is
not prequalified by the Virginia Department of Transportation is a
responsible bidder pursuant to §2.2-4301. Such criteria may
Except with respect to procurement of transportation-related construction, such
criteria shall include a history or good faith assurances of (i)
completion by the bidder and any potential subcontractors of specified safety
training programs established by the U.S. Department of Labor, Occupational
Safety and Health Administration; (ii) participation by the bidder and any
potential subcontractors in any registered apprenticeship training
programs approved by state agencies or the U.S. Department of Labor; or
and (iii) maintenance by the bidder and any potential subcontractors of
records of compliance with applicable local, state, and federal laws. For
nontransportation-related construction above $250,000, such criteria shall also
require at least 12.5 percent of total labor hours of any construction required
with respect to such bid be performed by individuals registered with and
enrolled in approved apprenticeship programs. No Invitation to Bid for
construction services shall condition a successful bidder's eligibility on
having a specified experience modification factor. When it is impractical to
prepare initially a purchase description to support an award based on prices,
an Invitation to Bid may be issued requesting the submission of unpriced offers
to be followed by an Invitation to Bid limited to those bidders whose offers
have been qualified under the criteria set forth in the first solicitation;
2. Public notice of the Invitation to Bid at least 10 days prior to the date set for receipt of bids by posting on the Department of General Services' central electronic procurement website or other appropriate websites. In addition, public bodies may publish in a newspaper of general circulation. Posting on the Department of General Services' central electronic procurement website shall be required of any state public body. Local public bodies are encouraged to utilize the Department of General Services' central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth's procurement opportunities. In addition, bids may be solicited directly from potential contractors. Any additional solicitations shall include certified businesses selected from a list made available by the Department of Small Business and Supplier Diversity;
3. Public opening and announcement of all bids received;
4. Evaluation of bids based upon the requirements set forth in the Invitation to Bid, which may include special qualifications of potential contractors, life-cycle costing, value analysis, and any other criteria such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose, which are helpful in determining acceptability; and
5. Award to the lowest responsive and responsible bidder. When the terms and conditions of multiple awards are so provided in the Invitation to Bid, awards may be made to more than one bidder.
For the purposes of subdivision 1, "experience modification factor" means a value assigned to an employer as determined by a rate service organization in accordance with its uniform experience rating plan required to be filed pursuant to subsection D of §38.2-1913.
