360 likes | 447 Views
Statistics. Posting of public notices Requires public notice for request for proposals (RFP) and invitations to bid (IFB) to be posted on DGS' website or other appropriate websites. House Bill 1592. VPPA: § 2.2-4301 STATUS: Passed- Approved by Governor
E N D
Posting of public notices • Requires public notice for request for proposals (RFP) and invitations to bid (IFB) to be posted on DGS' website or other appropriate websites House Bill 1592 VPPA: § 2.2-4301 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
Posting of public notices • Requires public notice for all sole source & emergencies to be posted on DGS' website or other appropriate websites House Bill 1592 VPPA: § 2.2-4303 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
Posting of public notices • Requires public notice for PPEAs & PPTAs to be posted on DGS' website or other appropriate websites House Bill 1592 PPEA/PPTA: §§ 56-573.1:1, 56-575.17 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
Posting of public notices • Requires all Level II & Level III Institutions to post public notice for all request for proposals, invitations to bid, sole source & emergencies on DGS' website House Bill 1592 RHEFAOA: §§ 23-38.90, 23-38.110 STATUS: Passed- Approved by Governor IMPACT: Institutions
Posting of public notices • Posting on DGS' central electronic procurement website shall be required of any state public body • Local public bodies are encouraged to utilize DGS' central electronic procurement website to provide the public with centralized visibility & access to the Commonwealth's procurement opportunities House Bill 1592
Central electronic procurement system • The Division shall maintain DGS' central electronic procurement system. At a minimum this procurement system shall provide for the purchase of goods & services, public posting of all IFBs, RFPs, sole source award notices, emergency award notices, & reports on purchases House Bill 1592
Central electronic procurement system • Every unit of state government (using agencies) shall utilize DGS' central electronic procurement system as their purchasing system beginning at the point of requisitioning for all procurement actions including, but not limited to, technology, transportation & construction, unless otherwise authorized in writing by the Division House Bill 1592
Central electronic procurement system • Where necessary, to capture data in agency ERP systems & to eliminate or avoid duplicate or manual data entry in such agency systems, using agencies shall integrate their ERP systems with DGS' central electronic procurement system, unless otherwise authorized in writing by the Division or in accordance with the provisions of the Restructured Higher Education Financial & Administrative Operations Act (§ 23-38.88 et seq.) House Bill 1592
Exemption from operation of chapter for certain transactions • Any county, city, town, or school that adopted alternative policies & exempted procurements from the VPPA • May adopt written procedures not requiring competitive negotiation for single or term contracts for professional services • If the aggregate or the sum of all phases is not expected to exceed $50,000 House Bill 1595 VPPA: § 2.2-4343 STATUS: Passed- Approved by Governor IMPACT: Select Local Public Bodies
Definition of “Public Body” • Adds metropolitan planning organizations and planning district commissions which operate exclusively within the Commonwealth of Virginia House Bill 1609 VPPA: § 2.2-4301 STATUS: Passed- Approved by Governor IMPACT: Local Public Bodies
Verification of legal presence • Vendors with more than an average of 50 employees for the previous 12 months & entering into a contract over $50,000 shall register & participate in the E-Verify program • Effective 12/01/2013, newly hired House Bill 1859 & Senate Bill 1049 VPPA: §§ 2.2-4317, 2.2-4308.2 STATUS: Passed- Approved by Governor IMPACT: State Agencies
Vendors who fail to comply shall be debarred for up to one year • Debarment ceases upon registration & participation in E-Verify • A state public body shall deny prequalification to contractors failing to register & participate in E-Verify House Bill 1859 & Senate Bill 1049 VPPA: §§ 2.2-4317, 2.2-4308.2 STATUS: Passed- Approved by Governor IMPACT: State Agencies
Preference – Price Matching • When the lowest bidder is a resident of any other state and such state allows a resident contractor a price-matching preference, then a like preference shall be allowed for bidders who are residents of Virginia House Bill 1929 VPPA: § 2.2-4324 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
Bid, Performance & Payment Bonds for nontransportation-related construction projects • Raises minimum amount required for bonds from $100,000 to $500,000 • Projects between $100,000 and $500,000 where bond requirements are waived, prospective contractors must be prequalified House Bill 1951 VPPA: §§ 2.2-4336 & 2.2-4337 STATUS: Passed- House & Senate IMPACT: State & Local Public Bodies
Small Purchases • Increases from $50,000 to $100,000 the small purchase procedures threshold for other than professional services • Requires posting of a public notice on DGS’ electronic procurement website or other appropriate websites for written informal solicitations above $30,000 Senate Bill 1107 VPPA: § 2.2-4303 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
Small Purchases • State public bodies must post the notice on DGS’ central electronic procurement website • Encourages local public bodies to use the DGS’ central electronic procurement website Senate Bill 1107 VPPA: § 2.2-4303 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
Transportation Related Construction • Contracts for environmental location, design & inspection work regarding highways & bridges let by the Transportation Commissioner • Limits initial term to two years or when the cumulative total project fees reach $5 million, whichever occurs first Senate Bill 1126 VPPA: § 2.2-4301 STATUS: Passed- Approved by Governor IMPACT: State Agencies
Transportation Related Construction • Such contracts may be renewed for two additional one-year terms • Sum of all projects in each one-year term shall not exceed $5 million Senate Bill 1126 VPPA: § 2.2-4301 STATUS: Passed- Approved by Governor IMPACT: State Agencies
Exemptions for certain transactions • Resolves the conflict between two sections of the VPPA relating to the sealed bidding threshold ($50,000) for local construction contracts involving state aid Senate Bill 1301 VPPA: § 2.2-4345 STATUS: Passed- Approved by Governor IMPACT: Local Public Bodies
Actions on payment bonds • Any claimant with a direct contractual relationship with any subcontractor (but no contractual relationship with the contractor) • May bring action on a contractor's payment bond only if he has given contractor written notice within 90 days from the day on which the claimant performed work • Decreased from 180 days Senate Bill 1424 VPPA: § 2.2-4341 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
Withdrawal of bid • Changes procedure for bid withdrawal when public body opens bids one day following bid submission time • Nontransportation related construction contracts Senate Bill 1425 VPPA: § 2.2-4330 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies
VPPA: § 2.2-4330 STATUS: Passed- Approved by Governor IMPACT: State & Local Public Bodies Senate Bill 1425 Withdrawal of bid Bidder shall submit original work papers prior to bid opening time Work papers may, at bidder’s request, be considered trade secrets or proprietary
Study: cooperative procurement & sharing of technology applications • Requests Secretary of Technology to study opportunities to leverage buying power & create efficiencies for local government House Joint Resolution 645 STATUS: Passed- House & Senate IMPACT: Report due no later than first day of the 2012 session
HB 1484 – FOOD STANDARDS • Directed the Secretary of Health and Human Resources to convene a food standards task force to develop food standards for agencies • Directed DPS to adopt regulations to enforce the new standards Failed Bills
HB 1549 & SB 1090 – VIRGINIA GROWN FOOD PRODUCTS • Required DGS to establish procurement procedures to facilitate the purchase of Virginia-grown food products by state agencies & institutions & local public school divisions to the maximum extent possible Failed Bills
HB 1555 – SMALL BUSINESS DEFINITION • Amended the definition of "small business" to include a business entity partly owned by another business entity provided • (i) the same individuals hold ownership interests in both businesses and • (ii) both businesses otherwise qualify for small business certification under the rules promulgated by the Department Failed Bills
HB 1581 & SB 1016 – HUB ZONES • Required DGS and VITA to develop procurement regulations for the utilization of small businesses located in historically underutilized business zones (HUB zones) Failed Bills
HB 1671 – PERSONS WITH DISABILITY OWNED BUSINESS • Included person with a disability-owned business in the public procurement provisions for small, women-owned, & minority-owned businesses • The bill defines "person with a disability-owned business" & "disability" Failed Bills
HB 1882 & SB 1177 – BEST VALUE • Authorized using best value by localities as an alternative to competitive bidding • Defined best value as a procurement process where the lowest responsible bidder may be selected on the basis of objective criteria with the resulting selection representing the best combination of price & qualifications Failed Bills
HB 2156 – PROCUREMENT OF NONPROFESSIONAL SERVICES • Required the Director of DPS to require each state agency, except law-enforcement agencies, to procure nonprofessional services from the private sector if such services are listed in the Commonwealth Competition Council's commercial activities list Failed Bills
HB 2333 – E-VERIFY • Provided that in the case of a tie bid, preference shall be given to goods or services or construction provided by persons, firms or corporations using the E-Verify program for employees who perform work within the Commonwealth Failed Bills
HB 2491 - MANDATORY SOURCE • Eliminated the mandatory purchase by state agencies of furniture manufactured by Virginia Correctional Enterprises Failed Bills
SB 1273 – REMEDIAL MEASURES • Required state contracts awarded pursuant to enhancement or remedial measures implemented to enhance participation by small, women-owned, & minority-owned businesses to include a requirement that no more than 60 percent of the work be subcontracted to another contractor except under certain circumstances Failed Bills
SB 1288 - E-VERIFY • Required all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees & individual independent contractors are legally eligible for employment in the United States Failed Bills
SB 1443 – PREFERENCES • Established a preference in state contracting for goods produced in Virginia & goods or services or construction provided by Virginia persons, firms, or corporations • If the bid price of such firm or corporation is not more than 15 percent greater than the bid price of the lowest responsive and responsible non-Virginia bidder Failed Bills