2.2-2405 - Powers and duties of the Design-Build/Construction Management Review Board.
§ 2.2-2405. Powers and duties of the Design-Build/Construction ManagementReview Board.
A. The Review Board shall have the power and duty to:
1. Review submissions by public bodies other than the Commonwealth of draftor adopted ordinances or resolutions to determine if the process for theselection, evaluation and award of a design-build or construction managementcontract is in compliance with the provisions of subdivision A 1 of §2.2-4308;
2. Determine if the public body has complied with the provisions of §2.2-4308 relating to the retention of a licensed architect or engineer;
3. Review the findings and the basis of such findings submitted by the publicbody to determine if the public body has complied with the requirements of §2.2-4308 and that the findings made by the public body pursuant to § 2.2-4308are not unreasonable;
4. Develop guidelines relating to the documents and information to bereviewed by the Review Board;
5. Make post-project evaluations of construction projects procured bydesign-build or construction management contracts entered into by publicbodies other than the Commonwealth, including cost and time savings,effectiveness of the selection, evaluation and award of such contracts, andthe benefit to the public body; and
6. The Review Board may make a one-time determination that a locality with apopulation in excess of 100,000 has the personnel, procedures, and expertisenecessary to enter into contracts for construction on either a fixed price ornot-to-exceed price design-build or construction management basis without theapproval of the Review Board. Any projects undertaken by the local governingbody after such determination shall be exempt from the approval of the ReviewBoard but shall otherwise be in compliance with the provisions of § 2.2-4308and all other applicable law governing design-build or constructionmanagement contracts for public bodies other than the Commonwealth.
B. The Review Board shall adopt regulations, as it deems appropriate, basedon the substantive requirements of Chapter IX of the Capital Outlay Manual ofthe Commonwealth, for a two-step competitive negotiation process which shallbe applied to design-build and construction management projects undertaken bypublic bodies other than the Commonwealth. For construction managementprojects, such regulations shall also include applicable provisions of theRequired Construction Management Contract Terms of the Capital Outlay Manual.Such regulations shall also allow the Review Board to approve deviations fromprovisions of the Capital Outlay Manual that it deems appropriate.Regulations of the Review Board shall be adopted in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.).
(1996, c. 962, § 11-41.2:4; 2000, c. 29; 2001, c. 844; 2009, c. 519.)