VA HB2288 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 5-0)
Status: Engrossed on February 3 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
Text: Latest bill text (Engrossed) [HTML]

Summary

Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontractors. Requires bidders or offerors on contracts for construction of $250,000 or more to submit along with their bid or proposal a list of all subcontractors, regardless of tier, that the bidder or offeror intends at the time of submitting the bid or proposal to use on the contract to perform work valued at $50,000 or more, including labor and materials. The bill requires such list to include certain information about each contractor. The bill also requires the bidder or offer to submit (i) a statement declaring that the bidder or offeror has reviewed the qualifications and performance history of each subcontractor and found such qualifications and performance history to be sufficient to qualify the subcontractor to perform the subcontract work and (ii) a statement indicating that the bidder or offeror has received a written statement from each subcontractor verifying that such subcontractor (a) has not defaulted on any projects within the last three years, (b) is not currently suspended or disbarred by any public body, and (c) is not currently in bankruptcy. The bill allows the public body to disqualify any listed subcontractors, but requires the public body to notify the bidder or offeror of such disqualification and allow the bidder or offeror reasonable time to find a qualified replacement. The bill provides that any bidder or offeror that does not submit the required list and statements may have its bid or proposal disqualified, and any bidder or offeror that is found to have knowingly provided false information pursuant to this section shall be debarred from contracting with any public body for a period of up to one year. The bill requires compliance with its provisions for bids or offers on contracts for construction of $250,000 or more with localities with a population in excess of 50,000, but provides that compliance is optional for bids or offers on contracts for construction of $250,000 or more with any other locality. The provisions of this bill do not become effective unless reenacted by the 2022 Session of the General Assembly. Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontractors. Requires bidders or offerors on contracts for construction of $250,000 or more to submit along with their bid or proposal a list of all subcontractors, regardless of tier, that the bidder or offeror intends at the time of submitting the bid or proposal to use on the contract to perform work valued at $50,000 or more, including labor and materials. The bill requires such list to include certain information about each contractor. The bill also requires the bidder or offer to submit (i) a statement declaring that the bidder or offeror has reviewed the qualifications and performance history of each subcontractor and found such qualifications and performance history to be sufficient to qualify the subcontractor to perform the subcontract work and (ii) a statement indicating that the bidder or offeror has received a written statement from each subcontractor verifying that such subcontractor (a) has not defaulted on any projects within the last three years, (b) is not currently suspended or disbarred by any public body, and (c) is not currently in bankruptcy. The bill allows the public body to disqualify any listed subcontractors, but requires the public body to notify the bidder or offeror of such disqualification and allow the bidder or offeror reasonable time to find a qualified replacement. The bill provides that any bidder or offeror that does not submit the required list and statements may have its bid or proposal disqualified, and any bidder or offeror that is found to have knowingly provided false information pursuant to this section shall be debarred from contracting with any public body for a period of up to one year. The bill requires compliance with its provisions for bids or offers on contracts for construction of $250,000 or more with localities with a population in excess of 50,000, but provides that compliance is optional for bids or offers on contracts for construction of $250,000 or more with any other locality. The provisions of this bill do not become effective unless reenacted by the 2022 Session of the General Assembly.

Tracking Information

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Title

Va. Public Procurement Act; construction contracts, requirement to submit list of subcontractors.

Sponsors


Roll Calls

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-04 - House - House: VOTE: Passage (53-Y 45-N) (Y: 53 N: 45 NV: 0 Abs: 2) [PASS]
2021-02-01 - House - House: Reported from Appropriations with amendment(s) (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2021-02-01 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Reported from General Laws with substitute (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
2021-02-05SenateReferred to Committee on General Laws and Technology
2021-02-05SenateConstitutional reading dispensed
2021-02-04HouseVOTE: Passage (53-Y 45-N)
2021-02-04HouseRead third time and passed House (53-Y 45-N)
2021-02-03HousePrinted as engrossed 21103976D-EH1
2021-02-03HouseEngrossed by House - committee substitute with amendment HB2288EH1
2021-02-03HouseCommittee on Appropriations amendment agreed to
2021-02-03HouseCommittee on General Laws substitute agreed to 21103976D-H1
2021-02-03HouseRead second time
2021-02-02HouseRead first time
2021-02-01HouseReported from Appropriations with amendment(s) (13-Y 9-N)
2021-02-01HouseSubcommittee recommends reporting with amendments (5-Y 3-N)
2021-01-29HouseAssigned App. sub: Compensation & General Government
2021-01-28HouseReferred to Committee on Appropriations
2021-01-28HouseCommittee substitute printed 21103976D-H1
2021-01-28HouseReported from General Laws with substitute (13-Y 9-N)
2021-01-26HouseSubcommittee recommends reporting with amendments (5-Y 3-N)
2021-01-24HouseAssigned GL sub: Open Government/Procurement
2021-01-15HouseReferred to Committee on General Laws
2021-01-15HousePresented and ordered printed 21102207D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
224303.02(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2288
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2288+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2288H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2288EH1+hil
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+HB2288AH
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/.htm
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2288F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2288FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2288FEH1122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1104V0009+HB2288
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H11V0065+HB2288
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0202V0020+HB2288
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H02V0100+HB2288
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1448+HB2288
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S12V0158+HB2288

Bill Comments

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