{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2012.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2012.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2012.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2012.html"}],"law_id":74110,"edition_id":1,"section_id":74110,"structure_id":15207,"section_number":"2.2-2012","catch_line":"Additional powers and duties related to the procurement of information technology","history":"1984, c. 746, \u00a7\u00a7 2.1-563.16, 2.1-563.17, 2.1-563.18; 1985, c. 265; 1995, c. 357; 1997, c. 858; 1999, cc. 412, 421, 433; 2001, c. 844, \u00a7 2.2-1303; 2002, c. 579; 2003, cc. 352, 895, 981, 1021; 2004, cc. 237, 278; 2007, c. 630; 2010, cc. 136, 145; 2011, c. 739; 2012, cc. 803, 835; 2013, c. 583; 2014, cc. 36, 180; 2015, cc. 462, 760, 768, 776; 2016, c. 296.","full_text":"A\n\nThe CIO shall develop policies, standards, and guidelines for the procurement of information technology of every description.B\n\n1. Information technology shall be procured by (i) VITA for its own benefit or on behalf of other executive branch agencies or (ii) such other agencies to the extent authorized by VITA. Such procurements shall be made in accordance with the Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.), regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973 (29 U.S.C. \u00a7 794d), as amended, and any regulations, policies, procedures, standards, and guidelines of VITA. In no case shall such procurements exceed the requirements of the regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973, as amended.2\n\nThe CIO shall review, and approve or disapprove, all executive branch agency procurements of information technology, including approval of all agreements and contracts prior to the execution of the procurement. The CIO may exempt from review requirements, but not from the Commonwealth&#8217;s competitive procurement process, any executive branch agency that establishes, to the satisfaction of the CIO, (i) its ability and willingness to administer efficiently and effectively the procurement of information technology or (ii) that it has been subjected to another review process coordinated through or approved by the CIO.3\n\nThe CIO shall develop and administer a system to monitor and evaluate executed information technology contracts and billing and collection systems.\n\t\t\t\tThe CIO shall disapprove any procurement that does not conform to the Commonwealth strategic plan for information technology developed and approved pursuant to subdivision A 3 of &#xA7; 2.2-2007.1 or to the individual strategic plans of executive branch agencies developed and approved pursuant to &#xA7; 2.2-2014.4\n\nThe CIO shall require that before any executive branch agency procures any computer system, equipment, or software, it shall consider whether the proposed system, equipment, or software is capable of producing products that facilitate the rights of the public to access public records under the Freedom of Information Act (&#xA7; 2.2-3700 et seq.) or other applicable law.C\n\nAll statewide contracts and agreements made and entered into by VITA for the purchase of information technology shall provide for the inclusion of counties, cities, and towns in such contracts and agreements. Counties, cities, and towns and local school divisions are authorized to purchase information technology goods and services of every description from VITA and its vendors, provided that such purchases are not prohibited by the terms of contracts for such goods and services. Notwithstanding the provisions of &#xA7; 2.2-4302.1, 2.2-4302.2, 2.2-4303.1, or 2.2-4303.2, VITA may enter into multiple vendor contracts for the referenced services, facilities, and goods and services.D\n\nVITA may establish contracts for the purchase of personal computers and related devices by licensed teachers employed in a full-time teaching capacity in Virginia public schools or in state educational facilities for use outside the classroom. The computers and related devices shall not be purchased with public funds, but shall be paid for and owned by teachers individually provided that no more than one such computer and related device per year shall be so purchased.E\n\nIf VITA, or any executive branch agency authorized by VITA, elects to procure personal computers and related peripheral equipment pursuant to any type of blanket purchasing arrangement under which public bodies, as defined in &#xA7; 2.2-4301, may purchase such goods from any vendor following competitive procurement but without the conduct of an individual procurement by or for the using agency or institution, it shall establish performance-based specifications for the selection of equipment. Establishment of such contracts shall emphasize performance criteria including price, quality, and delivery without regard to &#8220;brand name.&#8221; All vendors meeting the Commonwealth&#8217;s performance requirements shall be afforded the opportunity to compete for such contracts.F\n\nVITA shall allow private institutions of higher education that are (i)(a) chartered in Virginia or (b) chartered by an Act of Congress in 1821 and that have owned and operated since 1991 a campus with a significant presence in the Commonwealth and (ii) granted tax-exempt status under &#xA7; 501(c)(3) of the Internal Revenue Code to purchase directly from contracts established for state agencies and public bodies by VITA.G\n\nThis section shall not be construed or applied so as to infringe upon, in any manner, the responsibilities for accounting systems assigned to the Comptroller under &#xA7; 2.2-803.H\n\nThe Comptroller shall not issue any warrant upon any voucher issued by an executive branch agency covering the purchase of any information technology when such purchases are made in violation of any provision of this chapter or the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.).I\n\nIntentional violations of centralized purchasing requirements for information technology pursuant to this chapter by an executive branch agency, continued after notice from the Governor to desist, shall constitute malfeasance in office and shall subject the officer responsible for the violation to suspension or removal from office, as may be provided in law in other cases of malfeasance.","order_by":null,"text":{"0":{"id":266499,"text":"The CIO shall develop policies, standards, and guidelines for the procurement of information technology of every description.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266500,"text":"1. Information technology shall be procured by (i) VITA for its own benefit or on behalf of other executive branch agencies or (ii) such other agencies to the extent authorized by VITA. Such procurements shall be made in accordance with the Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.), regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973 (29 U.S.C. \u00a7 794d), as amended, and any regulations, policies, procedures, standards, and guidelines of VITA. In no case shall such procurements exceed the requirements of the regulations that implement the electronic and information technology accessibility standards of the Rehabilitation Act of 1973, as amended.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":266501,"text":"The CIO shall review, and approve or disapprove, all executive branch agency procurements of information technology, including approval of all agreements and contracts prior to the execution of the procurement. The CIO may exempt from review requirements, but not from the Commonwealth&#8217;s competitive procurement process, any executive branch agency that establishes, to the satisfaction of the CIO, (i) its ability and willingness to administer efficiently and effectively the procurement of information technology or (ii) that it has been subjected to another review process coordinated through or approved by the CIO.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":266502,"text":"The CIO shall develop and administer a system to monitor and evaluate executed information technology contracts and billing and collection systems.\n\t\t\t\tThe CIO shall disapprove any procurement that does not conform to the Commonwealth strategic plan for information technology developed and approved pursuant to subdivision A 3 of &#xA7; 2.2-2007.1 or to the individual strategic plans of executive branch agencies developed and approved pursuant to &#xA7; 2.2-2014.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"4":{"id":266503,"text":"The CIO shall require that before any executive branch agency procures any computer system, equipment, or software, it shall consider whether the proposed system, equipment, or software is capable of producing products that facilitate the rights of the public to access public records under the Freedom of Information Act (&#xA7; 2.2-3700 et seq.) or other applicable law.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"5":{"id":266504,"text":"All statewide contracts and agreements made and entered into by VITA for the purchase of information technology shall provide for the inclusion of counties, cities, and towns in such contracts and agreements. Counties, cities, and towns and local school divisions are authorized to purchase information technology goods and services of every description from VITA and its vendors, provided that such purchases are not prohibited by the terms of contracts for such goods and services. Notwithstanding the provisions of &#xA7; 2.2-4302.1, 2.2-4302.2, 2.2-4303.1, or 2.2-4303.2, VITA may enter into multiple vendor contracts for the referenced services, facilities, and goods and services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"6":{"id":266505,"text":"VITA may establish contracts for the purchase of personal computers and related devices by licensed teachers employed in a full-time teaching capacity in Virginia public schools or in state educational facilities for use outside the classroom. The computers and related devices shall not be purchased with public funds, but shall be paid for and owned by teachers individually provided that no more than one such computer and related device per year shall be so purchased.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":266506,"text":"If VITA, or any executive branch agency authorized by VITA, elects to procure personal computers and related peripheral equipment pursuant to any type of blanket purchasing arrangement under which public bodies, as defined in &#xA7; 2.2-4301, may purchase such goods from any vendor following competitive procurement but without the conduct of an individual procurement by or for the using agency or institution, it shall establish performance-based specifications for the selection of equipment. Establishment of such contracts shall emphasize performance criteria including price, quality, and delivery without regard to &#8220;brand name.&#8221; All vendors meeting the Commonwealth&#8217;s performance requirements shall be afforded the opportunity to compete for such contracts.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":266507,"text":"VITA shall allow private institutions of higher education that are (i)(a) chartered in Virginia or (b) chartered by an Act of Congress in 1821 and that have owned and operated since 1991 a campus with a significant presence in the Commonwealth and (ii) granted tax-exempt status under &#xA7; 501(c)(3) of the Internal Revenue Code to purchase directly from contracts established for state agencies and public bodies by VITA.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":266508,"text":"This section shall not be construed or applied so as to infringe upon, in any manner, the responsibilities for accounting systems assigned to the Comptroller under &#xA7; 2.2-803.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":266509,"text":"The Comptroller shall not issue any warrant upon any voucher issued by an executive branch agency covering the purchase of any information technology when such purchases are made in violation of any provision of this chapter or the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.).","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":266510,"text":"Intentional violations of centralized purchasing requirements for information technology pursuant to this chapter by an executive branch agency, continued after notice from the Governor to desist, shall constitute malfeasance in office and shall subject the officer responsible for the violation to suspension or removal from office, as may be provided in law in other cases of malfeasance.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":15207,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":14335,"metadata":{},"date_created":"2026-06-26 03:52:58","date_modified":"2026-06-26 03:52:58","permalink":{"id":173433,"object_type":"structure","relational_id":15207,"identifier":"1","token":"2.2\/I\/C\/20.1\/1","url":"\/2.2\/I\/C\/20.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14335,"edition_id":1,"name":"Virginia Information Technologies Agency","identifier":"20.1","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:47:47","date_modified":"2026-06-26 03:47:47","permalink":{"id":173431,"object_type":"structure","relational_id":14335,"identifier":"20.1","token":"2.2\/I\/C\/20.1","url":"\/2.2\/I\/C\/20.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73383,"structure_id":15207,"section_number":"2.2-2005","catch_line":"Creation of Agency; appointment of Chief Information Officer","url":"\/2.2-2005\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2005","metadata":false},{"id":67174,"structure_id":15207,"section_number":"2.2-2006","catch_line":"Definitions","url":"\/2.2-2006\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2006","metadata":false},{"id":80478,"structure_id":15207,"section_number":"2.2-2007","catch_line":"Powers of the CIO","url":"\/2.2-2007\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2007","metadata":false},{"id":63438,"structure_id":15207,"section_number":"2.2-2007.1","catch_line":"Additional duties of the CIO relating to information technology planning and budgeting","url":"\/2.2-2007.1\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2007.1","metadata":false},{"id":82467,"structure_id":15207,"section_number":"2.2-2008","catch_line":"Repealed","url":"\/2.2-2008\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2008","metadata":false},{"id":57889,"structure_id":15207,"section_number":"2.2-2009","catch_line":"Additional duties of the CIO relating to security of government information","url":"\/2.2-2009\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2009","metadata":false},{"id":80320,"structure_id":15207,"section_number":"2.2-2010","catch_line":"Repealed","url":"\/2.2-2010\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2010","metadata":false},{"id":62483,"structure_id":15207,"section_number":"2.2-2011","catch_line":"Additional powers and duties relating to development, management, and operation of information technology","url":"\/2.2-2011\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2011","metadata":false},{"id":74110,"structure_id":15207,"section_number":"2.2-2012","catch_line":"Additional powers and duties related to the procurement of information technology","url":"\/2.2-2012\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2012","metadata":false},{"id":60730,"structure_id":15207,"section_number":"2.2-2012.1","catch_line":"Major information technology project procurement; terms and conditions","url":"\/2.2-2012.1\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2012.1","metadata":false},{"id":61119,"structure_id":15207,"section_number":"2.2-2013","catch_line":"Internal service and special funds","url":"\/2.2-2013\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2013","metadata":false},{"id":78759,"structure_id":15207,"section_number":"2.2-2014","catch_line":"Submission of information technology plans by state agencies and public institutions of higher education; designation of technology resource","url":"\/2.2-2014\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2014","metadata":false},{"id":83513,"structure_id":15207,"section_number":"2.2-2015","catch_line":"Repealed","url":"\/2.2-2015\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2015","metadata":false}],"previous_section":{"id":62483,"structure_id":15207,"section_number":"2.2-2011","catch_line":"Additional powers and duties relating to development, management, and operation of information technology","url":"\/2.2-2011\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2011","metadata":false},"next_section":{"id":60730,"structure_id":15207,"section_number":"2.2-2012.1","catch_line":"Major information technology project procurement; terms and conditions","url":"\/2.2-2012.1\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2012.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2012\/","history_text":"<p>This law was first created in 1984. The record of its establishment is cataloged in chapter 746 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. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 16 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 1985, chapter 265; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0357\">357<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0858\">858<\/a>; in 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0412\">412<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0421\">421<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0433\">433<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0579\">579<\/a>; in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0352\">352<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0895\">895<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0981\">981<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP1021\">1021<\/a>; in 2004, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0237\">237<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0278\">278<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0630\">630<\/a>; in 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0136\">136<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0145\">145<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0739\">739<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0803\">803<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0835\">835<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0583\">583<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0036\">36<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0180\">180<\/a>; in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0462\">462<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0760\">760<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0768\">768<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0776\">776<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0296\">296<\/a>.<\/p>","references":[{"id":55634,"section_number":"2.2-1110","catch_line":"Using agencies to purchase through Division of Purchases and Supply; exception","order_by":null,"url":"\/2.2-1110\/"},{"id":84139,"section_number":"2.2-1115.1","catch_line":"Standard vendor accounting information","order_by":null,"url":"\/2.2-1115.1\/"},{"id":83317,"section_number":"2.2-1119","catch_line":"Cases in which purchasing through Division not mandatory","order_by":null,"url":"\/2.2-1119\/"},{"id":80478,"section_number":"2.2-2007","catch_line":"Powers of the CIO","order_by":null,"url":"\/2.2-2007\/"},{"id":60269,"section_number":"2.2-4304","catch_line":"Joint and cooperative procurement","order_by":null,"url":"\/2.2-4304\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":58601,"section_number":"53.1-52","catch_line":"Procedure for purchases","order_by":null,"url":"\/53.1-52\/"}],"refers_to":[{"id":63438,"section_number":"2.2-2007.1","catch_line":"Additional duties of the CIO relating to information technology planning and budgeting","order_by":null,"url":"\/2.2-2007.1\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":83635,"section_number":"2.2-4301","catch_line":"Definitions","order_by":null,"url":"\/2.2-4301\/"},{"id":61316,"section_number":"2.2-4302.1","catch_line":"Process for competitive sealed bidding","order_by":null,"url":"\/2.2-4302.1\/"},{"id":80758,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","order_by":null,"url":"\/2.2-4302.2\/"},{"id":63722,"section_number":"2.2-4303.1","catch_line":"Architectural and professional engineering term contracting; limitations","order_by":null,"url":"\/2.2-4303.1\/"},{"id":54690,"section_number":"2.2-4303.2","catch_line":"Job order contracting; limitations","order_by":null,"url":"\/2.2-4303.2\/"}],"permalink":{"id":173467,"object_type":"law","relational_id":74110,"identifier":"2.2-2012","token":"2.2\/I\/C\/20.1\/1\/2.2-2012","url":"\/2.2-2012\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2012\/","token":"2.2\/I\/C\/20.1\/1\/2.2-2012","dublin_core":{"Title":"Additional powers and duties related to the procurement of information technology","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2012","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The CIO shall develop policies, standards, and guidelines for the procurement of <span class=\"dictionary\">information technology<\/span> of every description. <a id=\"paragraph-266499\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> 1. <span class=\"dictionary\">Information technology<\/span> shall be procured by (i) VITA for its own benefit or on behalf of other executive branch agencies or (ii) such other agencies to the extent authorized by VITA. Such procurements shall be made in accordance with the Virginia Public Procurement Act (\u00a7&nbsp;<a class=\"law\" title=\"Short title; purpose; declaration of intent\" href=\"\/2.2-4300\/\">2.2-4300<\/a> et seq.), regulations that implement the electronic and <span class=\"dictionary\">information technology<\/span> accessibility standards of the Rehabilitation Act of 1973 (29 U.S.C. \u00a7&nbsp;794d), as amended, and any regulations, policies, procedures, standards, and guidelines of VITA. In no case shall such procurements exceed the requirements of the regulations that implement the electronic and <span class=\"dictionary\">information technology<\/span> accessibility standards of the Rehabilitation Act of 1973, as amended. <a id=\"paragraph-266500\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The CIO shall review, and approve or disapprove, all <span class=\"dictionary\">executive branch agency<\/span> procurements of <span class=\"dictionary\">information technology<\/span>, including approval of all agreements and <span class=\"dictionary\">contracts<\/span> prior to the execution of the procurement. The CIO may exempt from review requirements, but not from the Commonwealth&#8217;s competitive procurement process, any <span class=\"dictionary\">executive branch agency<\/span> that establishes, to the satisfaction of the CIO, (i) its ability and willingness to administer efficiently and effectively the procurement of <span class=\"dictionary\">information technology<\/span> or (ii) that it has been subjected to another review process coordinated through or approved by the CIO. <a id=\"paragraph-266501\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The CIO shall develop and administer a system to monitor and evaluate executed <span class=\"dictionary\">information technology<\/span> <span class=\"dictionary\">contracts<\/span> and billing and collection systems.\n\t\t\t\tThe CIO shall disapprove any procurement that does not conform to the Commonwealth strategic plan for <span class=\"dictionary\">information technology<\/span> developed and approved pursuant to subdivision A 3 of &#xA7; <a class=\"law\" title=\"Additional duties of the CIO relating to information technology planning and budgeting\" href=\"\/2.2-2007.1\/\">2.2-2007.1<\/a> or to the individual strategic plans of executive branch agencies developed and approved pursuant to &#xA7; <a class=\"law\" title=\"Submission of information technology plans by state agencies and public institutions of higher education; designation of technology resource\" href=\"\/2.2-2014\/\">2.2-2014<\/a>. <a id=\"paragraph-266502\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The CIO shall require that before any <span class=\"dictionary\">executive branch agency<\/span> procures any computer system, equipment, or software, it shall consider whether the proposed system, equipment, or software is capable of producing products that facilitate the rights of the public to access public records under the Freedom of Information Act (&#xA7; <a class=\"law\" title=\"Short title; policy\" href=\"\/2.2-3700\/\">2.2-3700<\/a> et seq.) or other applicable <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-266503\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> All statewide <span class=\"dictionary\">contracts<\/span> and agreements made and entered into by VITA for the purchase of <span class=\"dictionary\">information technology<\/span> shall provide for the inclusion of counties, cities, and towns in such <span class=\"dictionary\">contracts<\/span> and agreements. Counties, cities, and towns and local school divisions are authorized to purchase <span class=\"dictionary\">information technology<\/span> goods and services of every description from VITA and its vendors, provided that such purchases are not prohibited by the terms of <span class=\"dictionary\">contracts<\/span> for such goods and services. Notwithstanding the provisions of &#xA7; <a class=\"law\" title=\"Process for competitive sealed bidding\" href=\"\/2.2-4302.1\/\">2.2-4302.1<\/a>, <a class=\"law\" title=\"Process for competitive negotiation\" href=\"\/2.2-4302.2\/\">2.2-4302.2<\/a>, <a class=\"law\" title=\"Architectural and professional engineering term contracting; limitations\" href=\"\/2.2-4303.1\/\">2.2-4303.1<\/a>, or <a class=\"law\" title=\"Job order contracting; limitations\" href=\"\/2.2-4303.2\/\">2.2-4303.2<\/a>, VITA may enter into multiple vendor <span class=\"dictionary\">contracts<\/span> for the referenced services, facilities, and goods and services. <a id=\"paragraph-266504\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> VITA may establish <span class=\"dictionary\">contracts<\/span> for the purchase of personal computers and related devices by licensed teachers employed in a full-time teaching capacity in Virginia public schools or in state educational facilities for use outside the classroom. The computers and related devices shall not be purchased with public funds, but shall be paid for and owned by teachers individually provided that no more than one such computer and related device per year shall be so purchased. <a id=\"paragraph-266505\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> If VITA, or any <span class=\"dictionary\">executive branch agency<\/span> authorized by VITA, elects to procure personal computers and related peripheral equipment pursuant to any type of blanket purchasing arrangement under which public bodies, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/2.2-4301\/\">2.2-4301<\/a>, may purchase such goods from any vendor following competitive procurement but without the conduct of an individual procurement by or for the using agency or institution, it shall establish performance-based specifications for the selection of equipment. Establishment of such <span class=\"dictionary\">contracts<\/span> shall emphasize performance criteria including price, quality, and delivery without regard to &#8220;brand name.&#8221; All vendors meeting the Commonwealth&#8217;s performance requirements shall be afforded the opportunity to compete for such <span class=\"dictionary\">contracts<\/span>. <a id=\"paragraph-266506\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> VITA shall allow private institutions of higher education that are (i)(a) chartered in Virginia or (b) chartered by an Act of Congress in 1821 and that have owned and operated since 1991 a campus with a significant presence in the Commonwealth and (ii) granted tax-exempt status under &#xA7; 501(c)(3) of the Internal Revenue Code to purchase directly from <span class=\"dictionary\">contracts<\/span> established for state agencies and public bodies by VITA. <a id=\"paragraph-266507\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> This section shall not be construed or applied so as to infringe upon, in any manner, the responsibilities for accounting systems assigned to the Comptroller under &#xA7; <a class=\"law\" title=\"Financial accounting and control\" href=\"\/2.2-803\/\">2.2-803<\/a>. <a id=\"paragraph-266508\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> The Comptroller shall not <span class=\"dictionary\">issue<\/span> any warrant upon any voucher issued by an <span class=\"dictionary\">executive branch agency<\/span> covering the purchase of any <span class=\"dictionary\">information technology<\/span> when such purchases are made in violation of any provision of this chapter or the Virginia Public Procurement Act (&#xA7; <a class=\"law\" title=\"Short title; purpose; declaration of intent\" href=\"\/2.2-4300\/\">2.2-4300<\/a> et seq.). <a id=\"paragraph-266509\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> Intentional violations of centralized purchasing requirements for <span class=\"dictionary\">information technology<\/span> pursuant to this chapter by an <span class=\"dictionary\">executive branch agency<\/span>, continued after notice from the Governor to desist, shall constitute malfeasance in office and shall subject the officer responsible for the violation to suspension or removal from office, as may be provided in <span class=\"dictionary\">law<\/span> in other cases of malfeasance. <a id=\"paragraph-266510\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2012\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nADDITIONAL POWERS AND DUTIES RELATED TO THE PROCUREMENT OF INFORMATION\nTECHNOLOGY (\u00a7 2.2-2012)\n\nA. The CIO shall develop policies, standards, and guidelines for the procurement\nof information technology of every description.\n\nB. 1. Information technology shall be procured by (i) VITA for its own benefit\nor on behalf of other executive branch agencies or (ii) such other agencies to\nthe extent authorized by VITA. Such procurements shall be made in accordance\nwith the Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.), regulations that\nimplement the electronic and information technology accessibility standards of\nthe Rehabilitation Act of 1973 (29 U.S.C. \u00a7 794d), as amended, and any\nregulations, policies, procedures, standards, and guidelines of VITA. In no case\nshall such procurements exceed the requirements of the regulations that\nimplement the electronic and information technology accessibility standards of\nthe Rehabilitation Act of 1973, as amended.\n\n   2. The CIO shall review, and approve or disapprove, all executive branch\n   agency procurements of information technology, including approval of all\n   agreements and contracts prior to the execution of the procurement. The CIO\n   may exempt from review requirements, but not from the Commonwealth&#8217;s\n   competitive procurement process, any executive branch agency that establishes,\n   to the satisfaction of the CIO, (i) its ability and willingness to administer\n   efficiently and effectively the procurement of information technology or (ii)\n   that it has been subjected to another review process coordinated through or\n   approved by the CIO.\n\n   3. The CIO shall develop and administer a system to monitor and evaluate\n   executed information technology contracts and billing and collection systems.\n   \t\t\t\tThe CIO shall disapprove any procurement that does not conform to the\n   Commonwealth strategic plan for information technology developed and approved\n   pursuant to subdivision A 3 of &#xA7; 2.2-2007.1 or to the individual\n   strategic plans of executive branch agencies developed and approved pursuant\n   to &#xA7; 2.2-2014.\n\n   4. The CIO shall require that before any executive branch agency procures any\n   computer system, equipment, or software, it shall consider whether the\n   proposed system, equipment, or software is capable of producing products that\n   facilitate the rights of the public to access public records under the Freedom\n   of Information Act (&#xA7; 2.2-3700 et seq.) or other applicable law.\n\nC. All statewide contracts and agreements made and entered into by VITA for the\npurchase of information technology shall provide for the inclusion of counties,\ncities, and towns in such contracts and agreements. Counties, cities, and towns\nand local school divisions are authorized to purchase information technology\ngoods and services of every description from VITA and its vendors, provided that\nsuch purchases are not prohibited by the terms of contracts for such goods and\nservices. Notwithstanding the provisions of &#xA7; 2.2-4302.1, 2.2-4302.2,\n2.2-4303.1, or 2.2-4303.2, VITA may enter into multiple vendor contracts for the\nreferenced services, facilities, and goods and services.\n\nD. VITA may establish contracts for the purchase of personal computers and\nrelated devices by licensed teachers employed in a full-time teaching capacity\nin Virginia public schools or in state educational facilities for use outside\nthe classroom. The computers and related devices shall not be purchased with\npublic funds, but shall be paid for and owned by teachers individually provided\nthat no more than one such computer and related device per year shall be so\npurchased.\n\nE. If VITA, or any executive branch agency authorized by VITA, elects to procure\npersonal computers and related peripheral equipment pursuant to any type of\nblanket purchasing arrangement under which public bodies, as defined in &#xA7;\n2.2-4301, may purchase such goods from any vendor following competitive\nprocurement but without the conduct of an individual procurement by or for the\nusing agency or institution, it shall establish performance-based specifications\nfor the selection of equipment. Establishment of such contracts shall emphasize\nperformance criteria including price, quality, and delivery without regard to\n&#8220;brand name.&#8221; All vendors meeting the Commonwealth&#8217;s\nperformance requirements shall be afforded the opportunity to compete for such\ncontracts.\n\nF. VITA shall allow private institutions of higher education that are (i)(a)\nchartered in Virginia or (b) chartered by an Act of Congress in 1821 and that\nhave owned and operated since 1991 a campus with a significant presence in the\nCommonwealth and (ii) granted tax-exempt status under &#xA7; 501(c)(3) of the\nInternal Revenue Code to purchase directly from contracts established for state\nagencies and public bodies by VITA.\n\nG. This section shall not be construed or applied so as to infringe upon, in any\nmanner, the responsibilities for accounting systems assigned to the Comptroller\nunder &#xA7; 2.2-803.\n\nH. The Comptroller shall not issue any warrant upon any voucher issued by an\nexecutive branch agency covering the purchase of any information technology when\nsuch purchases are made in violation of any provision of this chapter or the\nVirginia Public Procurement Act (&#xA7; 2.2-4300 et seq.).\n\nI. Intentional violations of centralized purchasing requirements for information\ntechnology pursuant to this chapter by an executive branch agency, continued\nafter notice from the Governor to desist, shall constitute malfeasance in office\nand shall subject the officer responsible for the violation to suspension or\nremoval from office, as may be provided in law in other cases of malfeasance.\n\nHISTORY: 1984, c. 746, \u00a7\u00a7 2.1-563.16, 2.1-563.17, 2.1-563.18; 1985, c. 265;\n1995, c. 357; 1997, c. 858; 1999, cc. 412, 421, 433; 2001, c. 844, \u00a7 2.2-1303;\n2002, c. 579; 2003, cc. 352, 895, 981, 1021; 2004, cc. 237, 278; 2007, c. 630;\n2010, cc. 136, 145; 2011, c. 739; 2012, cc. 803, 835; 2013, c. 583; 2014, cc.\n36, 180; 2015, cc. 462, 760, 768, 776; 2016, c. 296.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}