Public Comments for: SB326 - Virginia Public Procurement Act; cooperative procurement.
As a licensed engineer with nearly 30 years' experience in the design of publicly funded low slope roofing systems, it is my belief that while cooperative purchasing programs may be good for the acquisition of commodities (books, desks, pencils, paper, etc), the same can't be said for the procurement of roofing systems or construction projects in general. Low slope roofing systems are complex, and require special attention to details that affect performance and safety of the building and its occupants. Wind uplift resistance to prevent roof blow-offs; primary roof drainage and especially emergency overflow drainage to ensure the structure isn't overloaded due to ponding water; insulative value to ensure building code compliance and occupant comfort; air and moisture vapor control to protect the interior environment; and myriad others are all key considerations for roofing projects (both in new construction and replacement projects). In a typical design-bid-build project, an independent design professional analyzes these key criteria and creates a design to satisfy the building code and protect the safety of the building occupants and the surroundings. Specifications are prepared to define performance criteria and outline materials that are allowed for consideration in the contractors' bids. Contractors may choose from a variety of available manufacturers in an effort to create the most advantageous bid for winning the work. Competition is created at the contractor level AND at the materials level. In many instances, projects procured through cooperative purchasing agreements bypass independent designs in favor of manufacturer prepared (or assisted) scopes of work with no official designer of record. Additionally, cooperative purchasing removes the competition at the materials level on individual roofing projects and instead, materials are priced based on a national solicitation with no regard to regional pricing savings. Imagine if lumber was priced based on national pricing models; would you purchase lumber as it is priced in VA or would you purchase lumber as it is priced in Manhattan? I submit that a national pricing structure would be established to ensure a profit for the seller, regardless of the location of the sale; meaning many localities will likely be paying more than they would by purchasing it at their local retailer. Admittedly, cooperative purchasing models may offer expediency in project procurement, but at what cost? Lack of competition, absence of independent third-party design, safety to building occupants? If expediency is the desired outcome, perhaps we should take a close look at the process for project review/approval in a design-bid-build environment and identify opportunities for efficiencies there. I do not believe this bill will result in making roofing systems in VA safer, better, more cost effective or longer lasting; in fact, I believe it will have the opposite effect. Therefore, I respectfully request that it be opposed.
As a building enclosure professional, living and working in Virginia, my primary role in construction is as a subject matter expert in roof system design and installation. Roofing systems are not commodities and require a design professional, they require careful evaluation of existing conditions, structural capacity, code compliance that can impact the life and safety of the occupants and balancing long-term performance with funding scarcity. Procurement methods that prioritize cooperative purchasing and unit pricing over professional oversight can unintentionally increase risk, reduce competition, and compromise long-term value for taxpayers. Virginia took important steps in 2018 to preserve professional evaluation and project- specific decision-making in public procurement. SB326 would move us backward from that framework. I respectfully ask that you oppose this bill. I appreciate your time and your service to the Commonwealth.
I knew the Dems and Socialists would throw Virginia taxing citizens under the bus. The saying goes… “You will reap what you sow. “ https://youtu.be/CRwL9vy-f7E
Members of the General Assembly, I appreciate the opportunity to submit written comments regarding SB326. I regret that I am unable to attend in person, as I am currently overseeing previously scheduled roofing project inspections, but I am grateful for the ability to share my perspective in writing. As a professional in the commercial roofing industry, I strongly oppose expanding cooperative procurement to include roofing services. Roofing should not be categorized as a commodity purchase. Each project requires detailed evaluation of existing conditions, structural considerations, drainage design, insulation requirements, code compliance, and long-term performance planning. No two buildings are identical, and roofing systems must be tailored to the specific structure, environment, and intended lifespan of the facility. Reducing this type of work to a cooperative purchasing model oversimplifies a highly technical construction process and increases risk for public owners. Virginia made a deliberate decision in 2018 to exclude architectural and engineering services from cooperative purchasing in order to preserve professional oversight and ensure quality outcomes. Expanding cooperative procurement into roofing effectively reintroduces many of the same concerns that policy change was designed to prevent. While cooperative contracts can be appropriate for standardized goods, roofing systems are complex building assemblies that depend on proper design, specification, inspection, and accountability. Procurement methods that emphasize preset unit pricing or centralized agreements may limit meaningful competition, discourage independent design review, and reduce transparency. Over time, this can result in higher lifecycle costs, compromised performance, and diminished public confidence. From a practical standpoint, I am concerned that this legislation could: Weaken competitive bidding opportunities Reduce participation from qualified local contractors Limit owner oversight and contractor accountability Negatively impact small businesses and Virginia’s workforce Increase long-term financial risk to taxpayers Public agencies already have access to multiple procurement options that provide both flexibility and accountability, including competitive sealed bidding, competitive negotiation, emergency procurement provisions, and job order contracting when appropriate. These tools allow public bodies to respond efficiently while still preserving competition and protecting taxpayer investment. The current procurement framework works. Expanding cooperative purchasing into specialized construction services like roofing is unnecessary and may create unintended consequences for public facilities, local businesses, and long-term building performance. For these reasons, I respectfully ask that you oppose SB326. Thank you for your time and consideration. Respectfully, Joseph Sansbury President-Sansbury & Associates LLC.
We respectfully urge you to oppose SB SB326, which would extend cooperative procurement to roofing services. Roofing is not a commodity. Roofing is a construction service that involves: • Site-specific engineering and design decisions • Substrate conditions that vary widely from building to building • Long-term performance and warranty considerations Treating roofing as a standardized, interchangeable purchase ignores these realities and introduces unnecessary risk for public owners. Key concerns with cooperative procurement of roofing include: • Erosion of fair and open competition • Loss of local market knowledge and contractor accountability • Higher long-term costs to taxpayers • Harm to Virginia’s local workforce and small businesses • Reduced transparency and public trust in the procurement process Virginia’s existing procurement tools are already sufficient. Public bodies currently have access to: • Competitive sealed bidding • Competitive negotiation • Emergency procurement authority • Job order contracting, where appropriate These mechanisms provide flexibility while preserving competition, transparency, and accountability. The Commonwealth’s current procurement framework is well-suited to protect taxpayers, workers, and public facilities without expanding cooperative procurement into complex construction services like roofing. Thank you for your time and consideration. Please reach out with any questions.
Members of the Committee, Thank you for the opportunity to participate in this hearing. On behalf of the International Institute of Building Enclosure Consultants (IIBEC), I respectfully submit this testimony in strong opposition to Senate Bill 326. In 2016, cooperative procurement arrangements were appropriately restricted for construction activities. SB 326 would roll back those protections for public projects by allowing their use for re-roofing projects. From IIBEC’s perspective, SB 326 is problematic because cooperative procurement processes often exclude independent design professionals. Failing to engage a qualified, independent professional can result in higher long-term costs and questionable quality of work. IIBEC represents approximately 3,900 professionals specializing in roofing, waterproofing, exterior wall design, and building enclosure commissioning. Our members provide critical oversight to ensure public and private projects comply with codes, standards, warranties, and long-term performance requirements. While cooperative purchasing may offer savings for commodity goods, roofing systems are not commodities. They are complex, building-specific assemblies requiring evaluation of existing conditions, climate exposure, structural capacity, code compliance, and long-term maintenance. Treating roofing projects as interchangeable products threatens building safety, performance, and taxpayer investment. The RCI-IIBEC Foundation’s Unit Price Procurement Report found that procurement models focused primarily on cost—such as cooperative purchasing—can undermine professional oversight, compromise comprehensive design, and increase the likelihood of building enclosure failures. Public schools and facilities depend on qualified professionals to ensure roofing systems are properly designed and installed. Linking funding eligibility to a single supplier or proprietary specification incentivizes decisions based on price rather than competence, jeopardizing safety, durability, and long-term value. Risks associated with this approach include: National Pricing Practices: Bypassing competitive bidding increases the risk of overspending and cost overruns. Building Code Gaps: Codes do not always prevent inappropriate specifications or improper installation, leaving vulnerabilities. Limited Access and Qualifications: Emphasizing price over qualifications reduces fair competition and professional oversight. Absence of Independent Oversight: Projects without independent review may bypass critical life-safety protections. Design and construction services are not commodities. Taxpayer-funded procurement should uphold four core principles: Preserve and enhance open and fair competition; Ensure public transparency; Deliver best value solutions; and Expand opportunities for local, small, and disadvantaged businesses. Cooperative procurement of construction does not reliably achieve these principles. For these reasons, IIBEC strongly urges the Committee to reject Senate Bill 326. Thank you for your consideration. IIBEC stands ready to provide technical expertise to support safe, effective, and accountable public procurement policies.