Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/28/2020  

Virginia Public Procurement Act; small purchases.

Increases from $100,000 to $200,000 the small purchases exemption under the Virginia Public Procurement Act for single or term contracts for goods and services other than professional services.

Date Version PDF TXT
01/27/2020 Senate: Printed as engrossed 20102091D-E Open
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20102091D Open

            

2020 SESSION

    20102091D
    SENATE BILL NO. 650
    Senate Amendments in [ ] � January 27, 2020
    A BILL to amend and reenact � 2.2-4303 of the Code of Virginia, relating to the Virginia Public Procurement Act; small purchases.
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    Patrons Prior to Engrossment--Senators Boysko and Vogel; Delegates: Delaney and Gooditis
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    Referred to Committee on General Laws and Technology
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    Be it enacted by the General Assembly of Virginia:

    1. That � 2.2-4303 of the Code of Virginia is amended and reenacted as follows:

    2.2-4303. Methods of procurement.

    A. All public contracts with nongovernmental contractors for the purchase or lease of goods, or for the purchase of services, insurance, or construction, shall be awarded after competitive sealed bidding, or competitive negotiation as provided in this section, unless otherwise authorized by law.

    B. Professional services shall be procured by competitive negotiation.

    C. Goods, services other than professional services, and insurance may be procured by competitive sealed bidding or competitive negotiation.

    Upon a written determination made in advance by (i) the Governor or his designee in the case of a procurement by the Commonwealth or by a department, agency or institution thereof or (ii) the local governing body in the case of a procurement by a political subdivision of the Commonwealth, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services set forth in � 2.2-4302.2. The basis for this determination shall be documented in writing.

    D. Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances:

    1. By any public body on a fixed price design-build basis or construction management basis as provided in Chapter 43.1 (� 2.2-4378 et seq.); or

    2. By any public body for the construction of highways and any draining, dredging, excavation, grading or similar work upon real property upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination.

    E. Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The public body shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first. 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 Commonwealths procurement opportunities.

    F. In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The public body shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable. 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 Commonwealths procurement opportunities.

    G. A public body may establish purchase procedures, if adopted in writing, not requiring competitive sealed bids or competitive negotiation for single or term contracts for:

    1. Goods and services other than professional services and non-transportation-related construction, if the aggregate or the sum of all phases is not expected to exceed $100,000 $200,000; and

    2. Transportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000.

    However, such small purchase procedures shall provide for competition wherever practicable.

    Such purchase procedures may allow for single or term contracts for professional services without requiring competitive negotiation, provided the aggregate or the sum of all phases is not expected to exceed $80,000.

    Where small purchase procedures are adopted for construction, the procedures shall not waive compliance with the Uniform State Building Code.

    For state public bodies, [ purchases ] �[ informal solicitations conducted ] under this subsection [ �that are expected to exceed $30,000 ] shall require the [ �(a) written informal solicitation of a minimum of four bidders or offerors and (b) �] posting of a public notice on the Department of General Services central electronic procurement website �[ or other appropriate websites. 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 Commonwealths procurement opportunities.

    H. Upon a determination made in advance by a public body and set forth in writing that the purchase of goods, products or commodities from a public auction sale is in the best interests of the public, such items may be purchased at the auction, including online public auctions. Purchase of information technology and telecommunications goods and nonprofessional services from a public auction sale shall be permitted by any authority, department, agency, or institution of the Commonwealth if approved by the Chief Information Officer of the Commonwealth. The writing shall document the basis for this determination. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by online public auctions.

    I. The purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by reverse auctioning.

    Picture Name From Date Type
    Jennifer B. Boysko D-Richmond Sponsor
    Jill Holtzman Vogel R-Richmond Cosponsor
    Date Branch Action
    01/28/2020 Senate Senate: Read third time and passed Senate (40-Y 0-N)
    01/27/2020 Senate Senate: Printed as engrossed 20102091D-E
    01/24/2020 Senate Senate: Constitutional reading dispensed (39-Y 0-N)
    01/22/2020 Senate Senate: Reported from General Laws and Technology with amendments (13-Y 0-N)
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20102091D
    01/07/2020 Senate Senate: Referred to Committee on General Laws and Technology
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Increases from $100,000 to $200,000 the small purchases exemption under the Virginia Public Procurement Act for single or term contracts for goods and services other than professional services.
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Virginia
    2-4303 of the Code of Virginia, relating to the Virginia Public Procurement Act; small purchases


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type