Be it enacted by the General Assembly of Virginia:

1. That §33.2-261 of the Code of Virginia is amended and reenacted as follows:

§33.2-261. Value engineering required in certain projects.

For the purposes of this section, "value engineering" means a systematic process of review and analysis of an engineering project by a team of persons not originally involved in the project. Such team may offer suggestions that would improve project quality and reduce total project cost, ranging from a combination or elimination of inefficient or expensive parts or steps in the original proposal to total redesign of the project using different technologies, materials, or methods.

The Department shall employ value engineering in conjunction with any project on any highway system using criteria established by the Department, including all projects costing more than $5 $15 million. For the purposes of this section, "value engineering" means a systematic process of review and analysis of an engineering project by a team of persons not originally involved in the project. Such team may offer suggestions that would improve project quality and reduce total project cost, ranging from a combination or elimination of inefficient or expensive parts or steps in the original proposal to total redesign of the project using different technologies, materials, or methods.

After a review, the Commissioner of Highways may waive the requirements of this section for any project for compelling reasons. Any such waiver shall be in writing, state the reasons for the waiver, and apply only to a single project.

The provisions of this section shall not apply to projects that are designed utilizing (i) a design-build contract pursuant to §33.2-269 or (ii) the Public-Private Transportation Act of 1995 (§33.2-1800 et seq.). In such cases, a written summary of the cost savings that have been incorporated into the design shall be provided to the Department prior to moving forward to the construction phase of the project.