{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/2.2-4382.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/2.2-4382.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/2.2-4382.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/2.2-4382.html"}],"law_id":353241,"edition_id":2,"section_id":353241,"structure_id":50576,"section_number":"2.2-4382","catch_line":"Design-build or construction management contracts for local public bodies authorized","history":"2017, cc. 699, 704; 2020, cc. 162, 163; 2023, cc. 726, 727; 2024, cc. 469, 490.","full_text":"A\n\nAny local public body may enter into a contract for construction on a fixed price or not-to-exceed price construction management or design-build basis, provided that the local public body (i) receives approval, if required, as provided in subsection B, (ii) complies with the requirements of this article, and (iii) has by ordinance or resolution implemented procedures consistent with the procedures adopted by the Secretary of Administration for utilizing construction management or design-build contracts.\n\nB\n\nIf a local public body is required to obtain approval from its local governing body to enter into a contract for construction using construction management or design-build, then the local governing body shall adopt a resolution or motion on a per project basis in a public forum to that effect prior to issuing a Request for Qualifications.\n\nC\n\nPrior to making a determination as to the use of construction management or design-build for a specific construction project, a local public body shall have in its employ or under contract a licensed architect or engineer with professional competence appropriate to the project who shall (i) advise such public body regarding the use of construction management or design-build for that project and (ii) assist such public body with the preparation of the Request for Proposal and the evaluation of such proposals.\n\nD\n\nA written determination shall be made in advance by the local public body that the design-bid-build project delivery method is not practicable or fiscally advantageous, and such writing shall document the basis for the determination to utilize construction management or design-build, including the determination of the project’s complexity. The determination shall be included in the Request for Qualifications and be maintained in the procurement file.\n\nE\n\nProcedures adopted by a local public body for construction management or design-build pursuant to this article shall include the following requirements:\n\n1\n\nConstruction management or design-build may be utilized on projects, provided that (i) the project is a complex project and (ii) the procurement method for the project is approved by the local governing body. The written approval of the governing body shall be maintained in the procurement file;\n\n2\n\nPublic notice of the Request for Qualifications is posted on the Department’s central electronic procurement website known as eVA, or the local public body’s own website, at least 30 days prior to the date set for receipt of qualification proposals;\n\n3\n\nThe construction management contract is entered into no later than the completion of the schematic phase of design, unless prohibited by authorization of funding restrictions;\n\n4\n\nPrior construction management or design-build experience or previous experience with the Division shall not be considered as a prerequisite or factor considered for prequalification of a contract. However, in the selection of a contractor, the local public body may consider the experience of each contractor on comparable construction management or design-build projects;\n\n5\n\nConstruction management contracts shall require that (i) no more than 10 percent of the construction work, as measured by the cost of the work, be performed by the construction manager with its own forces and (ii) the remaining 90 percent of the construction work, as measured by the cost of the work, be performed by subcontractors of the construction manager, which the construction manager shall procure by publicly advertised, competitive sealed bidding to the maximum extent practicable. The provisions of this subdivision shall not apply to construction management contracts involving infrastructure projects;\n\n6\n\nThe procedures allow for a two-step competitive negotiation process;\n\n7\n\nPrice is a critical basis for award of the contract; and\n\n8\n\nThe procedures allow the local public body to post on the Department’s central electronic procurement website known as eVA, or the local public body’s own website, when and where the general contractor plans to advertise bid packages for subcontracting opportunities when appropriate.\n\nF\n\nProcedures adopted by a local public body for design-build construction projects shall include a two-step competitive negotiation process consistent with the standards established by the Division of Engineering and Buildings of the Department for state public bodies.\n\n","order_by":null,"text":{"0":{"id":1315736,"text":"Any local public body may enter into a contract for construction on a fixed price or not-to-exceed price construction management or design-build basis, provided that the local public body (i) receives approval, if required, as provided in subsection B, (ii) complies with the requirements of this article, and (iii) has by ordinance or resolution implemented procedures consistent with the procedures adopted by the Secretary of Administration for utilizing construction management or design-build contracts.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1315737,"text":"If a local public body is required to obtain approval from its local governing body to enter into a contract for construction using construction management or design-build, then the local governing body shall adopt a resolution or motion on a per project basis in a public forum to that effect prior to issuing a Request for Qualifications.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1315738,"text":"Prior to making a determination as to the use of construction management or design-build for a specific construction project, a local public body shall have in its employ or under contract a licensed architect or engineer with professional competence appropriate to the project who shall (i) advise such public body regarding the use of construction management or design-build for that project and (ii) assist such public body with the preparation of the Request for Proposal and the evaluation of such proposals.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1315739,"text":"A written determination shall be made in advance by the local public body that the design-bid-build project delivery method is not practicable or fiscally advantageous, and such writing shall document the basis for the determination to utilize construction management or design-build, including the determination of the project’s complexity. The determination shall be included in the Request for Qualifications and be maintained in the procurement file.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1315740,"text":"Procedures adopted by a local public body for construction management or design-build pursuant to this article shall include the following requirements:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":1315741,"text":"Construction management or design-build may be utilized on projects, provided that (i) the project is a complex project and (ii) the procurement method for the project is approved by the local governing body. The written approval of the governing body shall be maintained in the procurement file;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":1315742,"text":"Public notice of the Request for Qualifications is posted on the Department’s central electronic procurement website known as eVA, or the local public body’s own website, at least 30 days prior to the date set for receipt of qualification proposals;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":1315743,"text":"The construction management contract is entered into no later than the completion of the schematic phase of design, unless prohibited by authorization of funding restrictions;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":1315744,"text":"Prior construction management or design-build experience or previous experience with the Division shall not be considered as a prerequisite or factor considered for prequalification of a contract. However, in the selection of a contractor, the local public body may consider the experience of each contractor on comparable construction management or design-build projects;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":1315745,"text":"Construction management contracts shall require that (i) no more than 10 percent of the construction work, as measured by the cost of the work, be performed by the construction manager with its own forces and (ii) the remaining 90 percent of the construction work, as measured by the cost of the work, be performed by subcontractors of the construction manager, which the construction manager shall procure by publicly advertised, competitive sealed bidding to the maximum extent practicable. The provisions of this subdivision shall not apply to construction management contracts involving infrastructure projects;","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"10":{"id":1315746,"text":"The procedures allow for a two-step competitive negotiation process;","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"E7"},"11":{"id":1315747,"text":"Price is a critical basis for award of the contract; and","type":"section","prefixes":["E","7"],"prefix":"7","entire_prefix":"E7","prefix_anchor":"E7","level":2,"prior_prefix":"E6","next_prefix":"E8"},"12":{"id":1315748,"text":"The procedures allow the local public body to post on the Department’s central electronic procurement website known as eVA, or the local public body’s own website, when and where the general contractor plans to advertise bid packages for subcontracting opportunities when appropriate.","type":"section","prefixes":["E","8"],"prefix":"8","entire_prefix":"E8","prefix_anchor":"E8","level":2,"prior_prefix":"E7","next_prefix":"F"},"13":{"id":1315749,"text":"Procedures adopted by a local public body for design-build construction projects shall include a two-step competitive negotiation process consistent with the standards established by the Division of Engineering and Buildings of the Department for state public bodies.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E8"}},"ancestry":[{"id":50576,"edition_id":2,"name":"Procedures for Local Public Bodies","identifier":"4","label":"article","depth":5,"order_by":4,"parent_id":50571,"metadata":{"child_laws":1,"child_structures":0},"date_created":"2026-08-02 02:29:32","date_modified":"2026-08-02 12:27:23","permalink":{"id":1404445,"object_type":"structure","relational_id":50576,"identifier":"4","token":"2.2\/II\/B\/43.1\/4","url":"\/2.2\/II\/B\/43.1\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50571,"edition_id":2,"name":"Construction Management and Design-Build Contracting","identifier":"43.1","label":"chapter","depth":4,"order_by":8,"parent_id":50539,"metadata":{"child_laws":6,"child_structures":5},"date_created":"2026-08-02 02:29:32","date_modified":"2026-08-02 12:27:23","permalink":{"id":1404421,"object_type":"structure","relational_id":50571,"identifier":"43.1","token":"2.2\/II\/B\/43.1","url":"\/2.2\/II\/B\/43.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50539,"edition_id":2,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":2,"parent_id":50533,"metadata":{"child_laws":371,"child_structures":48},"date_created":"2026-08-02 02:28:57","date_modified":"2026-08-02 12:27:20","permalink":{"id":1403447,"object_type":"structure","relational_id":50539,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50533,"edition_id":2,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":50326,"metadata":{"child_laws":425,"child_structures":60},"date_created":"2026-08-02 02:28:53","date_modified":"2026-08-02 12:27:19","permalink":{"id":1403255,"object_type":"structure","relational_id":50533,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50326,"edition_id":2,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":3,"parent_id":null,"metadata":{"child_laws":1509,"child_structures":292},"date_created":"2026-08-02 02:26:49","date_modified":"2026-08-02 12:26:45","permalink":{"id":1398455,"object_type":"structure","relational_id":50326,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":353241,"structure_id":50576,"section_number":"2.2-4382","catch_line":"Design-build or construction management contracts for local public bodies authorized","url":"\/2.2-4382\/","token":"2.2\/II\/B\/43.1\/4\/2.2-4382","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4382\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 699<\/a> and 704<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2020, chapters 162<\/a> and 163<\/a>; in 2023, chapters 726<\/a> and 727<\/a>; in 2024, chapters 469<\/a> and 490<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1404447,"object_type":"law","relational_id":353241,"identifier":"2.2-4382","token":"2.2\/II\/B\/43.1\/4\/2.2-4382","url":"\/2.2-4382\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/2.2-4382\/","token":"2.2\/II\/B\/43.1\/4\/2.2-4382","dublin_core":{"Title":"Design-build or construction management contracts for local public bodies authorized","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4382","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any local public body<\/span> may enter into a contract<\/span> for construction on a fixed price or not-to-exceed price construction management or design-build basis, provided that the local public body<\/span> (i) receives approval, if required, as provided in subsection B, (ii) complies with the requirements of this article, and (iii) has by ordinance<\/span> or resolution implemented procedures consistent with the procedures adopted by the Secretary of Administration for utilizing construction management or design-build contracts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a local public body<\/span> is required to obtain approval from its local governing body to enter into a contract<\/span> for construction using construction management or design-build, then the local governing body shall adopt a resolution or motion<\/span> on a per project basis in a public forum to that effect prior to issuing a Request for Qualifications. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to making a determination as to the use of construction management or design-build for a specific construction project, a local public body<\/span> shall have in its employ or under contract<\/span> a licensed architect or engineer with professional competence appropriate to the project who shall (i) advise such public body<\/span> regarding the use of construction management or design-build for that project and (ii) assist such public body<\/span> with the preparation of the Request for Proposal and the evaluation of such proposals. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A written determination shall be made in advance by the local public body<\/span> that the design-bid-build<\/span> project delivery method is not practicable or fiscally advantageous, and such writing shall document the basis for the determination to utilize construction management or design-build, including the determination of the project’s complexity. The determination shall be included in the Request for Qualifications and be maintained in the procurement file. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Procedures adopted by a local public body<\/span> for construction management or design-build pursuant to this article shall include the following requirements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Construction management or design-build may be utilized on projects, provided that (i) the project is a complex project<\/span> and (ii) the procurement method for the project is approved by the local governing body. The written approval of the governing body shall be maintained in the procurement file; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Public notice of the Request for Qualifications is posted on the Department<\/span>’s central electronic procurement website known as eVA, or the local public body<\/span>’s own website, at least 30 days prior to the date set for receipt of qualification proposals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The construction management contract<\/span> is entered into no later than the completion of the schematic phase of design, unless prohibited by authorization of funding restrictions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Prior construction management or design-build experience or previous experience with the Division<\/span> shall not be considered as a prerequisite or factor considered for prequalification of a contract. However, in the selection of a contractor, the local public body<\/span> may consider the experience of each contractor on comparable construction management or design-build projects; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Construction management contracts<\/span> shall require that (i) no more than 10 percent of the construction work, as measured by the cost of the work, be performed by the construction manager with its own forces and (ii) the remaining 90 percent of the construction work, as measured by the cost of the work, be performed by subcontractors of the construction manager, which the construction manager shall procure by publicly advertised, competitive sealed<\/span> bidding to the maximum extent practicable. The provisions of this subdivision shall not apply to construction management contracts<\/span> involving infrastructure projects; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The procedures allow for a two-step competitive negotiation process; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Price is a critical basis for award of the contract; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The procedures allow the local public body<\/span> to post on the Department<\/span>’s central electronic procurement website known as eVA, or the local public body<\/span>’s own website, when and where the general contractor plans to advertise bid packages for subcontracting opportunities when appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Procedures adopted by a local public body<\/span> for design-build construction projects shall include a two-step competitive negotiation process consistent with the standards established by the Division<\/span> of Engineering and Buildings of the Department<\/span> for state public bodies. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDESIGN-BUILD OR CONSTRUCTION MANAGEMENT CONTRACTS FOR LOCAL PUBLIC BODIES\nAUTHORIZED (\u00a7 2.2-4382)\n\nA. Any local public body may enter into a contract for construction on a fixed\nprice or not-to-exceed price construction management or design-build basis,\nprovided that the local public body (i) receives approval, if required, as\nprovided in subsection B, (ii) complies with the requirements of this article,\nand (iii) has by ordinance or resolution implemented procedures consistent with\nthe procedures adopted by the Secretary of Administration for utilizing\nconstruction management or design-build contracts.\n\nB. If a local public body is required to obtain approval from its local\ngoverning body to enter into a contract for construction using construction\nmanagement or design-build, then the local governing body shall adopt a\nresolution or motion on a per project basis in a public forum to that effect\nprior to issuing a Request for Qualifications.\n\nC. Prior to making a determination as to the use of construction management or\ndesign-build for a specific construction project, a local public body shall have\nin its employ or under contract a licensed architect or engineer with\nprofessional competence appropriate to the project who shall (i) advise such\npublic body regarding the use of construction management or design-build for\nthat project and (ii) assist such public body with the preparation of the\nRequest for Proposal and the evaluation of such proposals.\n\nD. A written determination shall be made in advance by the local public body\nthat the design-bid-build project delivery method is not practicable or fiscally\nadvantageous, and such writing shall document the basis for the determination to\nutilize construction management or design-build, including the determination of\nthe project’s complexity. The determination shall be included in the\nRequest for Qualifications and be maintained in the procurement file.\n\nE. Procedures adopted by a local public body for construction management or\ndesign-build pursuant to this article shall include the following requirements:\n\n 1. Construction management or design-build may be utilized on projects,\n provided that (i) the project is a complex project and (ii) the procurement\n method for the project is approved by the local governing body. The written\n approval of the governing body shall be maintained in the procurement file;\n\n 2. Public notice of the Request for Qualifications is posted on the\n Department’s central electronic procurement website known as eVA, or the\n local public body’s own website, at least 30 days prior to the date set\n for receipt of qualification proposals;\n\n 3. The construction management contract is entered into no later than the\n completion of the schematic phase of design, unless prohibited by\n authorization of funding restrictions;\n\n 4. Prior construction management or design-build experience or previous\n experience with the Division shall not be considered as a prerequisite or\n factor considered for prequalification of a contract. However, in the\n selection of a contractor, the local public body may consider the experience\n of each contractor on comparable construction management or design-build\n projects;\n\n 5. Construction management contracts shall require that (i) no more than 10\n percent of the construction work, as measured by the cost of the work, be\n performed by the construction manager with its own forces and (ii) the\n remaining 90 percent of the construction work, as measured by the cost of the\n work, be performed by subcontractors of the construction manager, which the\n construction manager shall procure by publicly advertised, competitive sealed\n bidding to the maximum extent practicable. The provisions of this subdivision\n shall not apply to construction management contracts involving infrastructure\n projects;\n\n 6. The procedures allow for a two-step competitive negotiation process;\n\n 7. Price is a critical basis for award of the contract; and\n\n 8. The procedures allow the local public body to post on the\n Department’s central electronic procurement website known as eVA, or the\n local public body’s own website, when and where the general contractor\n plans to advertise bid packages for subcontracting opportunities when\n appropriate.\n\nF. Procedures adopted by a local public body for design-build construction\nprojects shall include a two-step competitive negotiation process consistent\nwith the standards established by the Division of Engineering and Buildings of\nthe Department for state public bodies.\n\nHISTORY: 2017, cc. 699, 704; 2020, cc. 162, 163; 2023, cc. 726, 727; 2024, cc.\n469, 490.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}