§ 2.2-1132. Administration of capital outlay construction; exception forcertain educational institutions.
A. The Division shall provide assistance in the administration of capitaloutlay construction projects set forth in the appropriation act, other thanhighway construction undertaken by the Department of Transportation and theacquisition or improvement of specialized cargo-handling equipment andrelated port infrastructure including, but not limited to, port construction,renovation, and demolition that is required in a timely manner to meet marketdemands to enhance commerce through the Virginia Port Authority, the reviewand approval of plans and specifications, and acceptance of completedprojects.
B. The Division may establish standards, as needed, for construction by theCommonwealth and may, with the advice of the Attorney General, establishstandard contract provisions and procedures for the procurement andadministration of construction and for the procurement and administration ofarchitectural and engineering services relating to construction, which shallbe used by all departments, agencies and institutions of the Commonwealth.All departments, agencies and institutions of the Commonwealth shall ensurethat the design and construction of state-owned buildings comply with thestandards governing energy use and efficiency established by the Division.The standards may provide for incentive contracting that offers a contractorwhose bid is accepted the opportunity to share in any cost savings realizedby the Commonwealth when project costs are reduced by the contractor, withoutaffecting project quality, during construction of the project. The fee, ifany, charged by the project engineer or architect for determining the costsavings shall be paid as a separate cost and shall not be calculated as partof any cost savings.
C. Notwithstanding any standards established by the Division or law to thecontrary except as provided in this subsection, any public institution ofhigher education that has in effect a signed memorandum of understanding withthe Secretary of Administration regarding participation in the nongeneralfund decentralization program as set forth in the appropriation act may enterinto contracts for specific construction projects without the preliminaryreview and approval of the Division, provided such institutions are incompliance with the requirements of the Virginia Public Procurement Act (§2.2-4300 et seq.) and utilize the general terms and conditions for thoseforms of procurement approved by the Division and the Office of the AttorneyGeneral. The authority granted in this subsection shall only become effectiveif the institution meets the conditions prescribed in subsection B of §23-38.88. The Secretary of Administration shall establish guidelines toassist institutions in evaluating alternative project delivery methods priorto entering into a contract. For projects constructed pursuant to thissubsection, the responsibility of the Division of Engineering and Buildingsshall be as set forth in subsection C of § 36-98.1.
For purposes of this section, "construction" shall include newconstruction, reconstruction, renovation, restoration, major repair,demolition and all similar work upon buildings and ancillary facilities ownedor to be acquired by the Commonwealth. It shall not include buildings orother facilities ancillary to the use of state highways that are locatedwithin the right-of-way of any state highway, or assets for use by theVirginia Port Authority within the boundaries of property owned or leased bythe Virginia Port Authority.
(1982, c. 647, § 2.1-483.1; 1984, c. 641; 1994, c. 924; 1997, c. 488; 2001,c. 844; 2005, cc. 933, 945; 2006, c. 939.)
§ 2.2-1132. Administration of capital outlay construction; exception forcertain educational institutions.
A. The Division shall provide assistance in the administration of capitaloutlay construction projects set forth in the appropriation act, other thanhighway construction undertaken by the Department of Transportation and theacquisition or improvement of specialized cargo-handling equipment andrelated port infrastructure including, but not limited to, port construction,renovation, and demolition that is required in a timely manner to meet marketdemands to enhance commerce through the Virginia Port Authority, the reviewand approval of plans and specifications, and acceptance of completedprojects.
B. The Division may establish standards, as needed, for construction by theCommonwealth and may, with the advice of the Attorney General, establishstandard contract provisions and procedures for the procurement andadministration of construction and for the procurement and administration ofarchitectural and engineering services relating to construction, which shallbe used by all departments, agencies and institutions of the Commonwealth.All departments, agencies and institutions of the Commonwealth shall ensurethat the design and construction of state-owned buildings comply with thestandards governing energy use and efficiency established by the Division.The standards may provide for incentive contracting that offers a contractorwhose bid is accepted the opportunity to share in any cost savings realizedby the Commonwealth when project costs are reduced by the contractor, withoutaffecting project quality, during construction of the project. The fee, ifany, charged by the project engineer or architect for determining the costsavings shall be paid as a separate cost and shall not be calculated as partof any cost savings.
C. Notwithstanding any standards established by the Division or law to thecontrary except as provided in this subsection, any public institution ofhigher education that has in effect a signed memorandum of understanding withthe Secretary of Administration regarding participation in the nongeneralfund decentralization program as set forth in the appropriation act may enterinto contracts for specific construction projects without the preliminaryreview and approval of the Division, provided such institutions are incompliance with the requirements of the Virginia Public Procurement Act (§2.2-4300 et seq.) and utilize the general terms and conditions for thoseforms of procurement approved by the Division and the Office of the AttorneyGeneral. The authority granted in this subsection shall only become effectiveif the institution meets the conditions prescribed in subsection B of §23-38.88. The Secretary of Administration shall establish guidelines toassist institutions in evaluating alternative project delivery methods priorto entering into a contract. For projects constructed pursuant to thissubsection, the responsibility of the Division of Engineering and Buildingsshall be as set forth in subsection C of § 36-98.1.
For purposes of this section, "construction" shall include newconstruction, reconstruction, renovation, restoration, major repair,demolition and all similar work upon buildings and ancillary facilities ownedor to be acquired by the Commonwealth. It shall not include buildings orother facilities ancillary to the use of state highways that are locatedwithin the right-of-way of any state highway, or assets for use by theVirginia Port Authority within the boundaries of property owned or leased bythe Virginia Port Authority.
(1982, c. 647, § 2.1-483.1; 1984, c. 641; 1994, c. 924; 1997, c. 488; 2001,c. 844; 2005, cc. 933, 945; 2006, c. 939.)
§ 2.2-1132. Administration of capital outlay construction; exception forcertain educational institutions.
A. The Division shall provide assistance in the administration of capitaloutlay construction projects set forth in the appropriation act, other thanhighway construction undertaken by the Department of Transportation and theacquisition or improvement of specialized cargo-handling equipment andrelated port infrastructure including, but not limited to, port construction,renovation, and demolition that is required in a timely manner to meet marketdemands to enhance commerce through the Virginia Port Authority, the reviewand approval of plans and specifications, and acceptance of completedprojects.
B. The Division may establish standards, as needed, for construction by theCommonwealth and may, with the advice of the Attorney General, establishstandard contract provisions and procedures for the procurement andadministration of construction and for the procurement and administration ofarchitectural and engineering services relating to construction, which shallbe used by all departments, agencies and institutions of the Commonwealth.All departments, agencies and institutions of the Commonwealth shall ensurethat the design and construction of state-owned buildings comply with thestandards governing energy use and efficiency established by the Division.The standards may provide for incentive contracting that offers a contractorwhose bid is accepted the opportunity to share in any cost savings realizedby the Commonwealth when project costs are reduced by the contractor, withoutaffecting project quality, during construction of the project. The fee, ifany, charged by the project engineer or architect for determining the costsavings shall be paid as a separate cost and shall not be calculated as partof any cost savings.
C. Notwithstanding any standards established by the Division or law to thecontrary except as provided in this subsection, any public institution ofhigher education that has in effect a signed memorandum of understanding withthe Secretary of Administration regarding participation in the nongeneralfund decentralization program as set forth in the appropriation act may enterinto contracts for specific construction projects without the preliminaryreview and approval of the Division, provided such institutions are incompliance with the requirements of the Virginia Public Procurement Act (§2.2-4300 et seq.) and utilize the general terms and conditions for thoseforms of procurement approved by the Division and the Office of the AttorneyGeneral. The authority granted in this subsection shall only become effectiveif the institution meets the conditions prescribed in subsection B of §23-38.88. The Secretary of Administration shall establish guidelines toassist institutions in evaluating alternative project delivery methods priorto entering into a contract. For projects constructed pursuant to thissubsection, the responsibility of the Division of Engineering and Buildingsshall be as set forth in subsection C of § 36-98.1.
For purposes of this section, "construction" shall include newconstruction, reconstruction, renovation, restoration, major repair,demolition and all similar work upon buildings and ancillary facilities ownedor to be acquired by the Commonwealth. It shall not include buildings orother facilities ancillary to the use of state highways that are locatedwithin the right-of-way of any state highway, or assets for use by theVirginia Port Authority within the boundaries of property owned or leased bythe Virginia Port Authority.
(1982, c. 647, § 2.1-483.1; 1984, c. 641; 1994, c. 924; 1997, c. 488; 2001,c. 844; 2005, cc. 933, 945; 2006, c. 939.)
