Procurement of Professional & Non-Professional Services & Construction

The methods and practices for procurement of professional and non-professional design services and procurement of construction which require a State Issued Building Permit are prescribed and governed by the Virginia Public Procurement Act (VPPA) and the current versions of the Virginia Construction and Professional Services Manual (CPSM), and the Virginia Uniform Statewide Building Code (VUSBC). Following are summaries of the more common of the various methods for procurement of Construction Services exercised by or available to the Department.

Competitive Sealed Bidding (Design-Bid-Build)

(Code of Virginia, § 2.2-4302.1) The default method for procurement of construction services is competitive sealed bidding in accordance with Title 2.2, Chapter 43 of the Code of Virginia (Virginia Public Procurement Act) and further governed by the procedures as described in the CPSM.

CM (Construction Management at Risk)

(Code of Virginia, § 2.2-4303 and 2.2-4306) Construction Management at Risk is an alternate construction delivery method to Competitive Sealed Bids. The Agency holds two contracts: a contract for professional A/E design services, and also a two-phase contract with the CM at Risk Contractor. The Construction Manager provides a Guaranteed Maximum Price (GMP) for the Construction and all related services and is “At Risk” for constructing the entire project within the agreed-upon GMP.

D/B (Design-Build Procurement)

(Code of Virginia, § 2.2-4303 and 2.2-4306) Competitive negotiations may be used by an agency on projects using a fixed price design-build contract conforming to the procedures of this section (§ 2.2-4306). An Agency holds one contract for Design-Build work with the D/B Contractor. The D/B Contractor includes the A/E professional design services within his contract. This results in a single source of responsibility for the design and construction process.

Special D/B and CM Provisions Available to the Department

(Code of Virginia, § 2.2-4307) Specifically allows the Department to enter into contracts for juvenile correctional facilities on a fixed-price or not-to-exceed price design-build (D/B) basis or construction management (CM) basis, including related leases, lease/purchase contracts, agreements relating to the sale of securities to finance such facilities, and similar financing agreements.

Emergency Construction Procurement

(Code of Virginia § 2.2-4303, F., for the complete statutory requirements) In case of an emergency, a contract may be awarded without competitive sealed bidding. However, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. As a minimum, the agency shall post a written notice on eVA stating that the contract is being awarded on an emergency basis and identifying that which is being procured, the contractor selected, and the date on which the contract was, or will be awarded.