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Legislative Symposium

Legislative Symposium. October 29, 2008 Presented by Barrett Stork Organization Management Group Patti Innocenti VAGP. General Assembly 2008 What were the procurement trends?. eVA study – impact on small businesses Illegal alien employment Bid bond – alternate form of security

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Legislative Symposium

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  1. Legislative Symposium October 29, 2008 Presented by Barrett Stork Organization Management Group Patti Innocenti VAGP

  2. General Assembly 2008What were the procurement trends? • eVA study – impact on small businesses • Illegal alien employment • Bid bond – alternate form of security • LEED standard for certain buildings • PPEA • Expanded definition of qualifying project • Additional hearing

  3. 2008 Legislative Wrap Up • VAGP tracked about 35 procurement-related bills in 2008 • 15 bills passed • 20 bills either failed, left in subcommittee, continued, or stricken • New representation just prior to Session • 4 issues were deemed high priority to VAGP

  4. VAGP High Priority Legislation • Opposed by VAGP • Issue: Illegal Immigration (HB90, HB928, HB1558, SB426) All bills failed. • Issue Alternative Forms of Security (HB187) Failed.

  5. VAGP High Priority Legislation • Supported by VAGP • Issue: Threshold Increase for Architectural and Engineering Contracts (HB944) Passed. • Issue: SWAM Set-Asides in HUB Zones (HB1554) Failed.

  6. Other Procurement Legislation • HB 1066 (Amundson) Clarifies that any public body may use competitive negotiation for construction of structures (not just buildings) when the contract is not expected to cost more than $1 million. • HB 1298 (Frederick) Requires that all public bodies certify that the contractor does not employ an unauthorized alien. • HB677 (Plum) PPEA Act of 2002 Requires a public hearing at least 30 days prior to entering into an interim or comprehensive agreement. • HB944 (Albo) Increases the monetary limits for A/E contracts. Single contract from $1 million to $5 million and maximum project from $200,000 to $1 million. • HB955 (Nixon) Adds technology applications and services through the use of technology to the definition of “qualifying project.”

  7. Carryover Legislation • What does it mean when a bill is “carried over”? • Carrying over a bill doesn’t mean it will see the light of day again • Increasingly, this is a polite way to “kill” a bill • Some ideas do live on

  8. Carryover LegislationSpecific Bills Carried Over to 2008 • HB1301 (Nichols) Allows CTB to award D-B contracts for bridge replacement and bridge repair • Transportation Committee • HB1558 (Cline) Requires all contractors to register in electronic verification of work authorization program • Rules Committee

  9. What’s on the horizon? • Virginia • Budget Negotiations • Shortfall could reach $3 billion over 2 years • Transportation • Chances for a solution are minimal • Redistricting in 2011 • Elections in 2009 • Legislators playing it safe • Bicameral friction • Increase small purchase threshold to $100,000

  10. Recent Federal Legislation • H.R.4297 • Non-wage withholding by public entities • Status update • H.R.3179 • Local Preparedness Acquisition Act • S.3590 • Grants for purchasing new school buses

  11. H.R. 4297 (Update)Non-Wage Withholding by Public Entities • Signed by the President on May 17, 2006 • Forces public entities to withhold 3% of most payments to contractors for IRS • Applies to all local/state governments that spend more than $100 million per year • Expected to raise $7 billion for federal government • Takes effect on January 1, 2011 • Attempt by Senator Craig (Idaho) to amend the bill failed

  12. H.R. 3179Local Preparedness Acquisition Act • Sponsored by Reps. Edolphus Towns (D-N.Y.) and Brian Bilbray (R-Calif.) • Authorizes the use of Federal supply schedules by State, local, and tribal governments for acquisition of law enforcement and security-related items, including firefighting and rescue equipment • Signed into law by the President - June 26, 2008 • Allows nonfederal government entities to buy off GSA's Schedule 84 through cooperative purchasing • Cooperative purchasing was previously only available on GSA's Schedule 70

  13. S.3590Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2008 • Sponsored by Senate Majority Leader, Senator Harry Reid (Nevada) • Introduced 9/25/2008 • Referred to Committee on Commerce, Science, and Transportation • A bill to provide grants for use by rural local educational agencies in purchasing new school buses • Federal Government pays 75% • Focusing on rural areas with older buses • Priority on replacing buses built before 1977

  14. Any Questions?

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