{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2364.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2364.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2364.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2364.html"}],"law_id":69413,"edition_id":1,"section_id":69413,"structure_id":13711,"section_number":"2.2-2364","catch_line":"Exemption of Authority from personnel and procurement procedures; adoption of procurement policies","history":"2020, cc. 1164, 1169; 2023, c. 662.","full_text":"A\n\nThe provisions of the Virginia Personnel Act (§ 2.2-2900 et seq.) and the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority in the exercise of any power conferred under this article.B\n\nThe governing board of the Authority shall adopt policies for the procurement of goods and services. Such policies shall:1\n\nSeek competition to the maximum practical degree;2\n\nRequire competitive negotiation for professional services, which includes the requirements of §§ 2.2-4302.2 and 2.2-4303.1, unless there is only one source practically available and the Authority has complied with the requirements of subsection C;3\n\nProhibit discrimination against a bidder or offeror based on race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by federal or state law relating to discrimination in employment; and4\n\nIncorporate the prompt payment principles of § 2.2-4350 and the payment clauses of § 2.2-4354. The Authority shall include provisions for the inspection of public records in § 2.2-4342.C\n\nFor purchases of (i) goods or nonprofessional services under $200,000 or (ii) professional services or non-transportation-related construction under $80,000, the Authority shall not be required to comply with subdivisions B 1 and 2. For purchases of (a) goods or nonprofessional services for $200,000 or more or (b) professional services or non-transportation-related construction of $80,000 or more, the Authority shall not be required to comply with subdivisions B 1 and 2 if the Authority determines in writing that such purchase contributes to the public purpose and mission of the Authority as described in § 2.2-2351. The Authority shall state in such writing (1) an explanation of such determination, (2) that which is being purchased, (3) the contractor selected for such purchase, (4) the date of the award of such contract, and (5) the relationship of such purchase to the public purpose and mission of the Authority. Such notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority’s website on the day the Authority awards or announces its decision to award such contract, whichever occurs first. The Authority shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B.D\n\nIn case of emergency, the Authority shall not be required to comply with subdivisions B 1 and 2 if the Authority determines in writing that an emergency exists and makes the purchase needed with such competition as is practicable under the circumstances. The Authority shall state in such writing (i) that the contract is being awarded on an emergency basis, (ii) that which is being purchased, (iii) the contractor selected, (iv) the date of the award of such contract, and (v) the relationship between the selection of such contract to the circumstances constituting an emergency. Such notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority’s website on the day the Authority awards or announces its decision to award such contract, whichever occurs first. The Authority shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B.E\n\nUpon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive negotiation. The writing shall document the basis for this determination. The Authority shall issue a written notice stating that only one source was determined to be practicably available and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority’s website and may be published in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first.F\n\nThe Authority shall submit the policies established in accordance with subsection B to the Governor, the Department of General Services, and the Chairs of the Senate Committee on General Laws and Technology and the House Committee on General Laws every five years by November 1, beginning November 1, 2024.","order_by":null,"text":{"0":{"id":251047,"text":"The provisions of the Virginia Personnel Act (§ 2.2-2900 et seq.) and the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority in the exercise of any power conferred under this article.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251048,"text":"The governing board of the Authority shall adopt policies for the procurement of goods and services. Such policies shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":251049,"text":"Seek competition to the maximum practical degree;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":251050,"text":"Require competitive negotiation for professional services, which includes the requirements of §§ 2.2-4302.2 and 2.2-4303.1, unless there is only one source practically available and the Authority has complied with the requirements of subsection C;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":251051,"text":"Prohibit discrimination against a bidder or offeror based on race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by federal or state law relating to discrimination in employment; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":251052,"text":"Incorporate the prompt payment principles of § 2.2-4350 and the payment clauses of § 2.2-4354. The Authority shall include provisions for the inspection of public records in § 2.2-4342.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":251053,"text":"For purchases of (i) goods or nonprofessional services under $200,000 or (ii) professional services or non-transportation-related construction under $80,000, the Authority shall not be required to comply with subdivisions B 1 and 2. For purchases of (a) goods or nonprofessional services for $200,000 or more or (b) professional services or non-transportation-related construction of $80,000 or more, the Authority shall not be required to comply with subdivisions B 1 and 2 if the Authority determines in writing that such purchase contributes to the public purpose and mission of the Authority as described in § 2.2-2351. The Authority shall state in such writing (1) an explanation of such determination, (2) that which is being purchased, (3) the contractor selected for such purchase, (4) the date of the award of such contract, and (5) the relationship of such purchase to the public purpose and mission of the Authority. Such notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority’s website on the day the Authority awards or announces its decision to award such contract, whichever occurs first. The Authority shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":251054,"text":"In case of emergency, the Authority shall not be required to comply with subdivisions B 1 and 2 if the Authority determines in writing that an emergency exists and makes the purchase needed with such competition as is practicable under the circumstances. The Authority shall state in such writing (i) that the contract is being awarded on an emergency basis, (ii) that which is being purchased, (iii) the contractor selected, (iv) the date of the award of such contract, and (v) the relationship between the selection of such contract to the circumstances constituting an emergency. Such notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority’s website on the day the Authority awards or announces its decision to award such contract, whichever occurs first. The Authority shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":251055,"text":"Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive negotiation. The writing shall document the basis for this determination. The Authority shall issue a written notice stating that only one source was determined to be practicably available and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority’s website and may be published in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":251056,"text":"The Authority shall submit the policies established in accordance with subsection B to the Governor, the Department of General Services, and the Chairs of the Senate Committee on General Laws and Technology and the House Committee on General Laws every five years by November 1, beginning November 1, 2024.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13711,"edition_id":1,"name":"Commonwealth of Virginia Innovation Partnership Act","identifier":"11","label":"article","depth":5,"order_by":1,"parent_id":13344,"metadata":{},"date_created":"2026-06-26 03:45:37","date_modified":"2026-06-26 03:45:37","permalink":{"id":174035,"object_type":"structure","relational_id":13711,"identifier":"11","token":"2.2\/I\/D\/22\/11","url":"\/2.2\/I\/D\/22\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13344,"edition_id":1,"name":"Authorities","identifier":"22","label":"chapter","depth":4,"order_by":1,"parent_id":12785,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":173945,"object_type":"structure","relational_id":13344,"identifier":"22","token":"2.2\/I\/D\/22","url":"\/2.2\/I\/D\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12785,"edition_id":1,"name":"State Authorities, Boards, Commissions, Councils, Foundations and Other Collegial Bodies","identifier":"D","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":173913,"object_type":"structure","relational_id":12785,"identifier":"D","token":"2.2\/I\/D","url":"\/2.2\/I\/D\/","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":70429,"structure_id":13711,"section_number":"2.2-2351","catch_line":"Short title; declaration of public purpose","url":"\/2.2-2351\/","token":"2.2\/I\/D\/22\/11\/2.2-2351","metadata":false},{"id":66958,"structure_id":13711,"section_number":"2.2-2352","catch_line":"Definitions","url":"\/2.2-2352\/","token":"2.2\/I\/D\/22\/11\/2.2-2352","metadata":false},{"id":61786,"structure_id":13711,"section_number":"2.2-2353","catch_line":"Board of directors; members; president","url":"\/2.2-2353\/","token":"2.2\/I\/D\/22\/11\/2.2-2353","metadata":false},{"id":56487,"structure_id":13711,"section_number":"2.2-2354","catch_line":"Powers and duties of the president","url":"\/2.2-2354\/","token":"2.2\/I\/D\/22\/11\/2.2-2354","metadata":false},{"id":56808,"structure_id":13711,"section_number":"2.2-2355","catch_line":"Powers of the Authority","url":"\/2.2-2355\/","token":"2.2\/I\/D\/22\/11\/2.2-2355","metadata":false},{"id":70323,"structure_id":13711,"section_number":"2.2-2356","catch_line":"Designation of staff of not-for-profit entity","url":"\/2.2-2356\/","token":"2.2\/I\/D\/22\/11\/2.2-2356","metadata":false},{"id":60780,"structure_id":13711,"section_number":"2.2-2357","catch_line":"Division of Entrepreneurial Ecosystems","url":"\/2.2-2357\/","token":"2.2\/I\/D\/22\/11\/2.2-2357","metadata":false},{"id":68622,"structure_id":13711,"section_number":"2.2-2358","catch_line":"Division of Investment","url":"\/2.2-2358\/","token":"2.2\/I\/D\/22\/11\/2.2-2358","metadata":false},{"id":56795,"structure_id":13711,"section_number":"2.2-2359","catch_line":"Division of Commercialization","url":"\/2.2-2359\/","token":"2.2\/I\/D\/22\/11\/2.2-2359","metadata":false},{"id":72724,"structure_id":13711,"section_number":"2.2-2360","catch_line":"Virginia Innovation Index","url":"\/2.2-2360\/","token":"2.2\/I\/D\/22\/11\/2.2-2360","metadata":false},{"id":61362,"structure_id":13711,"section_number":"2.2-2361","catch_line":"Grants or loans of public or private funds","url":"\/2.2-2361\/","token":"2.2\/I\/D\/22\/11\/2.2-2361","metadata":false},{"id":54695,"structure_id":13711,"section_number":"2.2-2362","catch_line":"Moneys of Authority; examination of books by the Auditor of Public Accounts","url":"\/2.2-2362\/","token":"2.2\/I\/D\/22\/11\/2.2-2362","metadata":false},{"id":56002,"structure_id":13711,"section_number":"2.2-2363","catch_line":"Exemption from taxes or assessments","url":"\/2.2-2363\/","token":"2.2\/I\/D\/22\/11\/2.2-2363","metadata":false},{"id":69413,"structure_id":13711,"section_number":"2.2-2364","catch_line":"Exemption of Authority from personnel and procurement procedures; adoption of procurement policies","url":"\/2.2-2364\/","token":"2.2\/I\/D\/22\/11\/2.2-2364","metadata":false}],"previous_section":{"id":56002,"structure_id":13711,"section_number":"2.2-2363","catch_line":"Exemption from taxes or assessments","url":"\/2.2-2363\/","token":"2.2\/I\/D\/22\/11\/2.2-2363","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2364\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1164<\/a> and 1169<\/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 1 time. 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. That modification is as follows: in 2023, chapter 662<\/a>.<\/p>","references":false,"refers_to":[{"id":70429,"section_number":"2.2-2351","catch_line":"Short title; declaration of public purpose","order_by":null,"url":"\/2.2-2351\/"},{"id":65778,"section_number":"2.2-2900","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-2900\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"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":56401,"section_number":"2.2-4350","catch_line":"Prompt payment of bills by state agencies","order_by":null,"url":"\/2.2-4350\/"},{"id":67731,"section_number":"2.2-4354","catch_line":"Payment clauses to be included in contracts","order_by":null,"url":"\/2.2-4354\/"}],"permalink":{"id":174089,"object_type":"law","relational_id":69413,"identifier":"2.2-2364","token":"2.2\/I\/D\/22\/11\/2.2-2364","url":"\/2.2-2364\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2364\/","token":"2.2\/I\/D\/22\/11\/2.2-2364","dublin_core":{"Title":"Exemption of Authority from personnel and procurement procedures; adoption of procurement policies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2364","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of the Virginia Personnel Act (§ 2.2-2900<\/a> et seq.) and the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.) shall not apply to the Authority<\/span> in the exercise of any power conferred under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The governing board<\/span> of the Authority<\/span> shall adopt policies for the procurement of goods and services. Such policies shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Seek competition to the maximum practical degree; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Require competitive negotiation for professional services, which includes the requirements of §§ 2.2-4302.2<\/a> and 2.2-4303.1<\/a>, unless there is only one source practically available and the Authority<\/span> has complied with the requirements of subsection C; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Prohibit discrimination against a bidder or offeror based on race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by federal or state<\/span> law<\/span> relating to discrimination in employment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Incorporate the prompt payment principles of § 2.2-4350<\/a> and the payment clauses of § 2.2-4354<\/a>. The Authority<\/span> shall include provisions for the inspection of public records in § 2.2-4342<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purchases of (i) goods or nonprofessional services under $200,000 or (ii) professional services or non-transportation-related construction under $80,000, the Authority<\/span> shall not be required to comply with subdivisions B 1 and 2. For purchases of (a) goods or nonprofessional services for $200,000 or more or (b) professional services or non-transportation-related construction of $80,000 or more, the Authority<\/span> shall not be required to comply with subdivisions B 1 and 2 if the Authority<\/span> determines in writing that such purchase contributes to the public purpose and mission of the Authority<\/span> as described in § 2.2-2351<\/a>. The Authority<\/span> shall state<\/span> in such writing (1) an explanation of such determination, (2) that which is being purchased, (3) the contractor selected for such purchase, (4) the date of the award of such contract<\/span>, and (5) the relationship of such purchase to the public purpose and mission of the Authority<\/span>. Such notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority<\/span>’s website on the day the Authority<\/span> awards or announces its decision to award such contract<\/span>, whichever occurs first. The Authority<\/span> shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In case of emergency, the Authority<\/span> shall not be required to comply with subdivisions B 1 and 2 if the Authority<\/span> determines in writing that an emergency exists and makes the purchase needed with such competition as is practicable under the circumstances. The Authority<\/span> shall state<\/span> in such writing (i) that the contract<\/span> is being awarded on an emergency basis, (ii) that which is being purchased, (iii) the contractor selected, (iv) the date of the award of such contract<\/span>, and (v) the relationship between the selection of such contract<\/span> to the circumstances constituting an emergency. Such notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority<\/span>’s website on the day the Authority<\/span> awards or announces its decision to award such contract<\/span>, whichever occurs first. The Authority<\/span> shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract<\/span> may be negotiated and awarded to that source without competitive negotiation. The writing shall document the basis for this determination. The Authority<\/span> shall issue<\/span> a written notice stating that only one source was determined to be practicably available and identifying that which is being procured, the contractor selected, and the date on which the contract<\/span> was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or the Authority<\/span>’s website and may be published in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract<\/span>, whichever occurs first. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Authority<\/span> shall submit the policies established in accordance with subsection B to the Governor, the Department of General Services, and the Chairs of the Senate Committee on General Laws<\/span> and Technology and the House Committee on General Laws<\/span> every five years by November 1, beginning November 1, 2024. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTION OF AUTHORITY FROM PERSONNEL AND PROCUREMENT PROCEDURES; ADOPTION OF\nPROCUREMENT POLICIES (\u00a7 2.2-2364)\n\nA. The provisions of the Virginia Personnel Act (§ 2.2-2900 et seq.) and\nthe Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to\nthe Authority in the exercise of any power conferred under this article.\n\nB. The governing board of the Authority shall adopt policies for the procurement\nof goods and services. Such policies shall:\n\n 1. Seek competition to the maximum practical degree;\n\n 2. Require competitive negotiation for professional services, which includes\n the requirements of §§ 2.2-4302.2 and 2.2-4303.1, unless there is\n only one source practically available and the Authority has complied with the\n requirements of subsection C;\n\n 3. Prohibit discrimination against a bidder or offeror based on race,\n religion, color, sex, sexual orientation, gender identity, national origin,\n age, disability, status as a service disabled veteran, or any other basis\n prohibited by federal or state law relating to discrimination in employment;\n and\n\n 4. Incorporate the prompt payment principles of § 2.2-4350 and the\n payment clauses of § 2.2-4354. The Authority shall include provisions for\n the inspection of public records in § 2.2-4342.\n\nC. For purchases of (i) goods or nonprofessional services under $200,000 or (ii)\nprofessional services or non-transportation-related construction under $80,000,\nthe Authority shall not be required to comply with subdivisions B 1 and 2. For\npurchases of (a) goods or nonprofessional services for $200,000 or more or (b)\nprofessional services or non-transportation-related construction of $80,000 or\nmore, the Authority shall not be required to comply with subdivisions B 1 and 2\nif the Authority determines in writing that such purchase contributes to the\npublic purpose and mission of the Authority as described in § 2.2-2351. The\nAuthority shall state in such writing (1) an explanation of such determination,\n(2) that which is being purchased, (3) the contractor selected for such\npurchase, (4) the date of the award of such contract, and (5) the relationship\nof such purchase to the public purpose and mission of the Authority. Such notice\nshall be posted on the Department of General Services’ central electronic\nprocurement website or the Authority’s website on the day the Authority\nawards or announces its decision to award such contract, whichever occurs first.\nThe Authority shall incorporate the procedures effectuating the provisions of\nthis subsection in the policies required by subsection B.\n\nD. In case of emergency, the Authority shall not be required to comply with\nsubdivisions B 1 and 2 if the Authority determines in writing that an emergency\nexists and makes the purchase needed with such competition as is practicable\nunder the circumstances. The Authority shall state in such writing (i) that the\ncontract is being awarded on an emergency basis, (ii) that which is being\npurchased, (iii) the contractor selected, (iv) the date of the award of such\ncontract, and (v) the relationship between the selection of such contract to the\ncircumstances constituting an emergency. Such notice shall be posted on the\nDepartment of General Services’ central electronic procurement website or\nthe Authority’s website on the day the Authority awards or announces its\ndecision to award such contract, whichever occurs first. The Authority shall\nincorporate the procedures effectuating the provisions of this subsection in the\npolicies required by subsection B.\n\nE. Upon a determination in writing that there is only one source practicably\navailable for that which is to be procured, a contract may be negotiated and\nawarded to that source without competitive negotiation. The writing shall\ndocument the basis for this determination. The Authority shall issue a written\nnotice stating that only one source was determined to be practicably available\nand identifying that which is being procured, the contractor selected, and the\ndate on which the contract was or will be awarded. This notice shall be posted\non the Department of General Services’ central electronic procurement\nwebsite or the Authority’s website and may be published in a newspaper of\ngeneral circulation on the day the public body awards or announces its decision\nto award the contract, whichever occurs first.\n\nF. The Authority shall submit the policies established in accordance with\nsubsection B to the Governor, the Department of General Services, and the Chairs\nof the Senate Committee on General Laws and Technology and the House Committee\non General Laws every five years by November 1, beginning November 1, 2024.\n\nHISTORY: 2020, cc. 1164, 1169; 2023, c. 662.","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}}