A. The Board shall have the power and duty to let all contracts to be administered by the Department of Transportation or the Department of Rail and Public Transportation for the construction, maintenance, and improvement of the highways comprising systems of state highways and for all activities related to passenger and freight rail and public transportation in excess of $5 million. The Commissioner of Highways has authority to let all Department of Transportation-administered contracts for highway construction, maintenance, and improvements up to $5 million in value. The Director of the Department of Rail and Public Transportation has the authority to let contracts for passenger and freight rail and public transportation improvements up to $5 million in value. The Commissioner of Highways is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value and without prior concurrence of the Commissioner of Highways or the Board for highway construction, maintenance, and improvements within their jurisdictions, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts. The Director of the Department of Rail and Public Transportation is authorized to enter into agreements with localities, authorities, and transportation districts to administer projects and to allow those localities, authorities, and transportation districts to let contracts with no limit on contract value and without prior concurrence of the Director of the Department of Rail and Public Transportation or the Board for passenger and freight rail and public transportation activities within their jurisdictions, in accordance with those provisions of this Code providing those localities, authorities, and transportation districts the ability to let such contracts. The Commissioner of Highways and the Director of the Department of Rail and Public Transportation shall report on their respective transportation contracting activities at least quarterly to the Board.
B. The Board may award contracts for the construction of transportation projects on a design-build basis. These contracts may be awarded after a written determination is made by the Commissioner of Highways or the Director of the Department of Rail and Public Transportation, pursuant to objective criteria previously adopted by the Board regarding the use of design-build, that delivery of the projects must be expedited and that it is not in the public interest to comply with the design and construction contracting procedures normally followed. Such objective criteria shall include requirements for prequalification of contractors and competitive bidding processes. These contracts shall be of such size and scope to encourage maximum competition and participation by agency prequalified and otherwise qualified contractors. Such determination shall be retained for public inspection in the official records of the Department of Transportation or the Department of Rail and Public Transportation, as the case may be, and shall include a description of the nature and scope of the project and the reasons for the Commissioner's or the Director's determination that awarding a design-build contract will best serve the public interest. A Request for Proposal for transportation projects to be delivered on a design-build basis pursuant to this section may allow for the submission and consideration of alternative technical concepts in accordance with the procedures set forth in such Request for Proposal. The provisions of this section shall supersede contrary provisions of subsection D of § 2.2-4303.
For the purposes of this subsection, "alternative technical concepts" means proposed changes to agency-supplied base design configurations, project scope, design, or construction criteria that provide a solution that is equal to or better than the requirements in the Request for Proposal.
C. The Board may award contracts for the provision of equipment, materials, and supplies to be used in construction of transportation projects on a fixed-price basis. Any such contract may provide that the price to be paid for the provision of equipment, materials, and supplies to be furnished in connection with the projects shall not be increased but shall remain fixed until completion of the projects specified in the contracts. Material components of any such contract for annual and multiyear programs, including maintenance, may be fixed at the outset of the projects and until completion based on best achievable prices.
Code 1950, § 33-12; 1956, c. 92; 1964, c. 265; 1970, c. 322, § 33.1-12; 1974, c. 462; 1977, c. 150; 1978, c. 650; 1986, Sp. Sess., c. 13; 1988, cc. 844, 903; 1989, c. 727; 1992, c. 167; 1995, c. 94; 2001, c. 349; 2003, cc. 281, 533, 560; 2004, c. 110; 2005, cc. 839, 919; 2006, cc. 197, 417, 833, 924; 2006, Sp. Sess. I, c. 8; 2007, c. 337; 2008, Sp. Sess. II, c. 5; 2009, cc. 670, 690; 2011, cc. 104, 164; 2012, cc. 729, 733; 2013, cc. 388, 569, 585, 646, 741; 2014, c. 805; 2016, cc. 139, 369; 2017, cc. 699, 704.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 2 - Transportation Entities
§ 33.2-200. Commonwealth Transportation Board; membership; terms; vacancies
§ 33.2-201. Appointment requirements; statewide interest
§ 33.2-203. Salaries and expenses
§ 33.2-205. Oaths and bonds of members
§ 33.2-207. Bookkeeping system
§ 33.2-208. Location of routes
§ 33.2-210. Traffic regulations; penalty
§ 33.2-211. Copies of regulations as evidence
§ 33.2-212. Sections not applicable to certain engines and tractors
§ 33.2-213. Naming highways, bridges, interchanges, and other transportation facilities
§ 33.2-214. Transportation; Six-Year Improvement Program
§ 33.2-214.1. Statewide prioritization process for project selection
§ 33.2-214.3. Transparency in project selection in Planning District 8
§ 33.2-214.4. Statewide prioritization for the Commonwealth Mass Transit Fund
§ 33.2-215. Policies and operation of Departments
§ 33.2-216. Roadside memorials; penalty
§ 33.2-217. Prohibition of certain weeds and plants on highway rights-of-way
§ 33.2-218. Fees for participating in the Integrated Directional Sign Program
§ 33.2-219. Statements to be filed with Commonwealth Transportation Board by transit systems
§ 33.2-221. Other powers, duties, and responsibilities
§ 33.2-222. Commissioner of Highways
§ 33.2-223. General powers of Commissioner of Highways
§ 33.2-224. Employees; delegation of responsibilities
§ 33.2-225. Liaison duties with other organizations
§ 33.2-226. Authority to lease or convey airspace
§ 33.2-227. Defense of employees
§ 33.2-228. Agreements between Commissioner of Highways and certain localities
§ 33.2-229. Furnishing information regarding right-of-way transactions
§ 33.2-230. Written notice of decision to dispose of real property
§ 33.2-231. Establish community service landscaping program
§ 33.2-233. Gathering and reporting of information and statistics
§ 33.2-234. Construction by state or local employees
§ 33.2-237. Directional signs for certain educational institutions
§ 33.2-239. Providing highway detours
§ 33.2-240. Connections over shoulders of highways for intersecting private roads
§ 33.2-242. Replacing entrances destroyed in the repair or construction of highways
§ 33.2-243. Paying for damages sustained to personal property by reason of work projects, etc.
§ 33.2-244. Removal of snow and ice from public highways by private entities
§ 33.2-245. Comprehensive highway access management standards
§ 33.2-246. Recreational waysides; regulations; penalties
§ 33.2-247. Wetlands mitigation banking
§ 33.2-248. Expenditure of funds for interstate bridges and approaches
§ 33.2-249. Maintenance and operation of bridges or tunnels on the city and state line
§ 33.2-250. Improving certain private roads and certain town streets and roads
§ 33.2-251. Installation and maintenance of "children at play" signs in counties and towns
§ 33.2-252. Tramways and railways along or across public highways; appeals
§ 33.2-253. Highway safety corridor program
§ 33.2-254. Erection and maintenance of newspaper route boxes
§ 33.2-255. Sale or lease of properties acquired for highway construction
§ 33.2-256. Department of Transportation established
§ 33.2-257.1. Notice to be provided to property owners of pending transportation projects
§ 33.2-258. Environmental permits for highway projects; timely review
§ 33.2-259. Maintain drainage easements
§ 33.2-260. Specifications in purchasing lubricating motor oil
§ 33.2-261. Value engineering required in certain projects
§ 33.2-263. School bus stop signs or other indicators
§ 33.2-264. Livestock on right-of-way of the systems of state highways
§ 33.2-265. Comprehensive roadside management program
§ 33.2-266. Intermittent closing of highways subject to flooding; permits; notice
§ 33.2-267.1. Human trafficking hotline; posted notice required
§ 33.2-269. Localities may use design-build contracts
§ 33.2-270. Provide for training of certain local employees
§ 33.2-271. Maintain property acquired for construction of transportation projects
§ 33.2-272.1. Interstate pipelines; Department of Transportation oversight
§ 33.2-273. Use of steel plates in connection with highway repairs
§ 33.2-274. Application and installation of traffic control measures
§ 33.2-274.1. Roadside safety devices to be equipped with identification numbers
§ 33.2-275. Periodic quantitative rating of certain highways
§ 33.2-275.1. Primary evacuation routes; public information
§ 33.2-276. Noise abatement practices and technologies
§ 33.2-277. Sale of materials to, and use of equipment by, localities and school boards
§ 33.2-278. Facilities for persons desiring to fish from bridges
§ 33.2-280. Treatment of highway surfaces for dust control
§ 33.2-280.1. Charging electronic toll collection device fees
§ 33.2-282. Department of Rail and Public Transportation created; appointment of Director
§ 33.2-283. Powers and duties of the Director of the Department of Rail and Public Transportation
§ 33.2-284. General powers of the Department of Rail and Public Transportation
§ 33.2-285. Responsibilities of Department of Rail and Public Transportation
§ 33.2-286. Urban transit agency strategic plans
§ 33.2-288. Declaration of public purpose; Virginia Passenger Rail Authority
§ 33.2-289. Board of Directors
§ 33.2-290. Executive Director; agents and employees
§ 33.2-291. Local authorities subordinate to Authority
§ 33.2-292. Powers of the Authority
§ 33.2-293. Acquisition, possession, and disposition of rail facilities; eminent domain
§ 33.2-295. Deposit and investment of funds
§ 33.2-296. Revenues of the Authority
§ 33.2-297. Moneys of Authority
§ 33.2-299. Recordkeeping; audits
§ 33.2-299.1. Exemption of Authority from personnel and procurement procedures
§ 33.2-299.2. Police powers; Authority rules and regulations
§ 33.2-299.3. Governmental function; exemption from taxation
§ 33.2-299.4. Cooperation with federal agencies
§ 33.2-299.5. Continuing responsibilities of the Transportation Board and the Department