Vol. 38 Iss. 2 - September 13, 2021

Chapter 130

REGISTRAR'S NOTICE: The Commonwealth Transportation Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 B 2 of the Code of Virginia, which exempts regulations relating to the award or denial of state contracts, as well as decisions regarding compliance therewith.

Title of Regulation: 24VAC30-130. Rules Governing Prequalification and Classification (repealing 24VAC30-130-10).

Statutory Authority: § 33.2-210 of the Code of Virginia.

Effective Date: October 14, 2021.

Agency Contact: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email

Background: The Commonwealth Transportation Board (CTB) adopted this regulation based on § 33.2-209 of the Code of Virginia, which authorizes the CTB to let all contracts to be administered by the Department of Transportation for the construction, maintenance, and improvement of the highways comprising systems of state highways in excess of $5 million and that the contracts for the construction of transportation projects may be awarded on a design-build basis pursuant to objective criteria previously adopted by the CTB regarding the use of design-build. Such objective criteria shall include requirements for prequalification of contractors and competitive bidding processes. The CTB has adopted a written policy on what criteria it will consider for the prequalification of contractors, which prospective contractors can follow, making the regulation, which incorporates the policy by reference, unnecessary.


The amendments repeal Rules Governing Prequalification and Classification (24VAC30-130).

VA.R. Doc. No. R21-6881; Filed August 23, 2021