§ 2.2-4308. Design-build or construction management contracts for publicbodies other than the Commonwealth; eligibility requirements; award ofcontract; records to be kept.
A. While the competitive sealed bid process remains the preferred method ofconstruction procurement for public bodies in the Commonwealth, any publicbody other than the Commonwealth may enter into a contract for constructionon a fixed price or not-to-exceed price design-build or constructionmanagement basis provided the public body complies with the requirements ofthis section and has obtained the approval of the Design-Build/ConstructionManagement Review Board (the Review Board) pursuant to § 2.2-2406. Provided,however, that projects undertaken pursuant to subdivision D 2 or D 4 of §2.2-4303 shall be exempt from approval of the Review Board.
Prior to making a determination as to the use of design-build or constructionmanagement for a specific construction project, the public body shall have inits employ or under contract a licensed architect or engineer withprofessional competence appropriate to the project who shall advise thepublic body regarding the use of design-build or construction management forthat project and who shall assist the public body with the preparation of theRequest for Proposal and the evaluation of such proposals.
Prior to issuing a Request for Proposal for any design-build or constructionmanagement contract for a specific construction project, the public bodyshall:
1. Have adopted, by ordinance or resolution, written procedures governing theselection, evaluation and award of design-build and construction managementcontracts. Such procedures shall be consistent with those described in thischapter for the procurement of nonprofessional services through competitivenegotiation. Such procedures shall also require Requests for Proposals toinclude and define the criteria of such construction project in areas such assite plans; floor plans; exterior elevations; basic building envelopematerials; fire protection information plans; structural, mechanical (HVAC),and electrical systems; and special telecommunications; and may define suchother requirements as the public body determines appropriate for thatparticular construction project. Except as may otherwise be approved by theReview Board, such procedures for:
a. Design-build construction projects shall include a two-step competitivenegotiation process consistent with the Review Board's regulations.
b. Construction management projects shall include selection procedures andrequired construction management contract terms consistent with the ReviewBoard's regulations.
2. Have documented in writing that for a specific construction project (i) adesign-build or construction management contract is more advantageous than acompetitive sealed bid construction contract; (ii) there is a benefit to thepublic body by using a design-build or construction management contract; and(iii) competitive sealed bidding is not practical or fiscally advantageous.
B. Once approved by the Review Board in accordance with § 2.2-2406, thepublic body may procure a design-build or construction management contractfor the specific construction project presented to the Review Board. Unlessotherwise specified in the Request for Proposal, the contract shall beawarded to the fully qualified offeror who submits an acceptable proposaldetermined to be the best value in response to the Request for Proposal.
C. The public body shall provide information as requested by the Review Boardto allow post-project evaluation by the Review Board.
(1996, c. 962, § 11-41.2:2; 2000, c. 29; 2001, c. 844; 2004, c. 706; 2006, c.510.)
§ 2.2-4308. Design-build or construction management contracts for publicbodies other than the Commonwealth; eligibility requirements; award ofcontract; records to be kept.
A. While the competitive sealed bid process remains the preferred method ofconstruction procurement for public bodies in the Commonwealth, any publicbody other than the Commonwealth may enter into a contract for constructionon a fixed price or not-to-exceed price design-build or constructionmanagement basis provided the public body complies with the requirements ofthis section and has obtained the approval of the Design-Build/ConstructionManagement Review Board (the Review Board) pursuant to § 2.2-2406. Provided,however, that projects undertaken pursuant to subdivision D 2 or D 4 of §2.2-4303 shall be exempt from approval of the Review Board.
Prior to making a determination as to the use of design-build or constructionmanagement for a specific construction project, the public body shall have inits employ or under contract a licensed architect or engineer withprofessional competence appropriate to the project who shall advise thepublic body regarding the use of design-build or construction management forthat project and who shall assist the public body with the preparation of theRequest for Proposal and the evaluation of such proposals.
Prior to issuing a Request for Proposal for any design-build or constructionmanagement contract for a specific construction project, the public bodyshall:
1. Have adopted, by ordinance or resolution, written procedures governing theselection, evaluation and award of design-build and construction managementcontracts. Such procedures shall be consistent with those described in thischapter for the procurement of nonprofessional services through competitivenegotiation. Such procedures shall also require Requests for Proposals toinclude and define the criteria of such construction project in areas such assite plans; floor plans; exterior elevations; basic building envelopematerials; fire protection information plans; structural, mechanical (HVAC),and electrical systems; and special telecommunications; and may define suchother requirements as the public body determines appropriate for thatparticular construction project. Except as may otherwise be approved by theReview Board, such procedures for:
a. Design-build construction projects shall include a two-step competitivenegotiation process consistent with the Review Board's regulations.
b. Construction management projects shall include selection procedures andrequired construction management contract terms consistent with the ReviewBoard's regulations.
2. Have documented in writing that for a specific construction project (i) adesign-build or construction management contract is more advantageous than acompetitive sealed bid construction contract; (ii) there is a benefit to thepublic body by using a design-build or construction management contract; and(iii) competitive sealed bidding is not practical or fiscally advantageous.
B. Once approved by the Review Board in accordance with § 2.2-2406, thepublic body may procure a design-build or construction management contractfor the specific construction project presented to the Review Board. Unlessotherwise specified in the Request for Proposal, the contract shall beawarded to the fully qualified offeror who submits an acceptable proposaldetermined to be the best value in response to the Request for Proposal.
C. The public body shall provide information as requested by the Review Boardto allow post-project evaluation by the Review Board.
(1996, c. 962, § 11-41.2:2; 2000, c. 29; 2001, c. 844; 2004, c. 706; 2006, c.510.)
§ 2.2-4308. Design-build or construction management contracts for publicbodies other than the Commonwealth; eligibility requirements; award ofcontract; records to be kept.
A. While the competitive sealed bid process remains the preferred method ofconstruction procurement for public bodies in the Commonwealth, any publicbody other than the Commonwealth may enter into a contract for constructionon a fixed price or not-to-exceed price design-build or constructionmanagement basis provided the public body complies with the requirements ofthis section and has obtained the approval of the Design-Build/ConstructionManagement Review Board (the Review Board) pursuant to § 2.2-2406. Provided,however, that projects undertaken pursuant to subdivision D 2 or D 4 of §2.2-4303 shall be exempt from approval of the Review Board.
Prior to making a determination as to the use of design-build or constructionmanagement for a specific construction project, the public body shall have inits employ or under contract a licensed architect or engineer withprofessional competence appropriate to the project who shall advise thepublic body regarding the use of design-build or construction management forthat project and who shall assist the public body with the preparation of theRequest for Proposal and the evaluation of such proposals.
Prior to issuing a Request for Proposal for any design-build or constructionmanagement contract for a specific construction project, the public bodyshall:
1. Have adopted, by ordinance or resolution, written procedures governing theselection, evaluation and award of design-build and construction managementcontracts. Such procedures shall be consistent with those described in thischapter for the procurement of nonprofessional services through competitivenegotiation. Such procedures shall also require Requests for Proposals toinclude and define the criteria of such construction project in areas such assite plans; floor plans; exterior elevations; basic building envelopematerials; fire protection information plans; structural, mechanical (HVAC),and electrical systems; and special telecommunications; and may define suchother requirements as the public body determines appropriate for thatparticular construction project. Except as may otherwise be approved by theReview Board, such procedures for:
a. Design-build construction projects shall include a two-step competitivenegotiation process consistent with the Review Board's regulations.
b. Construction management projects shall include selection procedures andrequired construction management contract terms consistent with the ReviewBoard's regulations.
2. Have documented in writing that for a specific construction project (i) adesign-build or construction management contract is more advantageous than acompetitive sealed bid construction contract; (ii) there is a benefit to thepublic body by using a design-build or construction management contract; and(iii) competitive sealed bidding is not practical or fiscally advantageous.
B. Once approved by the Review Board in accordance with § 2.2-2406, thepublic body may procure a design-build or construction management contractfor the specific construction project presented to the Review Board. Unlessotherwise specified in the Request for Proposal, the contract shall beawarded to the fully qualified offeror who submits an acceptable proposaldetermined to be the best value in response to the Request for Proposal.
C. The public body shall provide information as requested by the Review Boardto allow post-project evaluation by the Review Board.
(1996, c. 962, § 11-41.2:2; 2000, c. 29; 2001, c. 844; 2004, c. 706; 2006, c.510.)
