{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-3138.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-3138.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-3138.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-3138.html"}],"law_id":62366,"edition_id":1,"section_id":62366,"structure_id":15987,"section_number":"23.1-3138","catch_line":"Procurement and information technology","history":"2017, c. 686; 2020, c. 1137.","full_text":"A\n\nThe Authority shall be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), except for § 2.2-4342, which shall not be construed to require compliance with the prequalification application procedures of subsection B of § 2.2-4317, if it adopts and complies with policies for the procurement of goods and services, including professional services, that (i) are based upon competitive principles; (ii) in each instance seek competition to the maximum practical degree; (iii) implement a system of competitive negotiation for professional services pursuant to §§ 2.2-4303.1 and 2.2-4302.2; (iv) prohibit discrimination in the solicitation and award of contracts based on the bidder’s or offeror’s race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability or on any other basis prohibited by state or federal law; (v) incorporate the prompt payment principles of §§ 2.2-4350 and 2.2-4354; (vi) consider the impact on correctional enterprises under § 53.1-47; (vii) provide that whenever solicitations are made seeking competitive procurement of goods or services, it shall be a priority of the Authority to provide for fair and reasonable consideration of small, women-owned, and minority-owned businesses and to promote and encourage a diversity of suppliers; and (viii) identify the public, educational, and operational interests served by any procurement rule that deviates from procurement rules in the Virginia Public Procurement Act (§ 2.2-4300 et seq.).B\n\nThe Authority shall be exempt from the provisions governing the Virginia Information Technologies Agency in Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 and the provisions governing the Information Technology Advisory Council in Article 35 (§ 2.2-2699.5 et seq.) of Chapter 26 of Title 2.2, if it adopts and complies with policies and professional best practices regarding strategic planning for information technology, project management, security, budgeting, infrastructure, and ongoing operations.","order_by":null,"text":{"0":{"id":227468,"text":"The Authority shall be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), except for § 2.2-4342, which shall not be construed to require compliance with the prequalification application procedures of subsection B of § 2.2-4317, if it adopts and complies with policies for the procurement of goods and services, including professional services, that (i) are based upon competitive principles; (ii) in each instance seek competition to the maximum practical degree; (iii) implement a system of competitive negotiation for professional services pursuant to §§ 2.2-4303.1 and 2.2-4302.2; (iv) prohibit discrimination in the solicitation and award of contracts based on the bidder’s or offeror’s race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability or on any other basis prohibited by state or federal law; (v) incorporate the prompt payment principles of §§ 2.2-4350 and 2.2-4354; (vi) consider the impact on correctional enterprises under § 53.1-47; (vii) provide that whenever solicitations are made seeking competitive procurement of goods or services, it shall be a priority of the Authority to provide for fair and reasonable consideration of small, women-owned, and minority-owned businesses and to promote and encourage a diversity of suppliers; and (viii) identify the public, educational, and operational interests served by any procurement rule that deviates from procurement rules in the Virginia Public Procurement Act (§ 2.2-4300 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":227469,"text":"The Authority shall be exempt from the provisions governing the Virginia Information Technologies Agency in Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 and the provisions governing the Information Technology Advisory Council in Article 35 (§ 2.2-2699.5 et seq.) of Chapter 26 of Title 2.2, if it adopts and complies with policies and professional best practices regarding strategic planning for information technology, project management, security, budgeting, infrastructure, and ongoing operations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15987,"edition_id":1,"name":"Online Virginia Network Authority","identifier":"9","label":"article","depth":4,"order_by":1,"parent_id":14672,"metadata":{},"date_created":"2026-06-26 04:03:13","date_modified":"2026-06-26 04:03:13","permalink":{"id":186995,"object_type":"structure","relational_id":15987,"identifier":"9","token":"23.1\/V\/31\/9","url":"\/23.1\/V\/31\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14672,"edition_id":1,"name":"Educational Authorities, Centers, Committees, Funds, Institutes, and Partnerships","identifier":"31","label":"chapter","depth":3,"order_by":1,"parent_id":14459,"metadata":{},"date_created":"2026-06-26 03:49:15","date_modified":"2026-06-26 03:49:15","permalink":{"id":186837,"object_type":"structure","relational_id":14672,"identifier":"31","token":"23.1\/V\/31","url":"\/23.1\/V\/31\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14459,"edition_id":1,"name":"Other Educational and Cultural Institutions","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:48:12","date_modified":"2026-06-26 03:48:12","permalink":{"id":186829,"object_type":"structure","relational_id":14459,"identifier":"V","token":"23.1\/V","url":"\/23.1\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78740,"structure_id":15987,"section_number":"23.1-3135","catch_line":"Online Virginia Network Authority established","url":"\/23.1-3135\/","token":"23.1\/V\/31\/9\/23.1-3135","metadata":false},{"id":65162,"structure_id":15987,"section_number":"23.1-3136","catch_line":"Board of Trustees","url":"\/23.1-3136\/","token":"23.1\/V\/31\/9\/23.1-3136","metadata":false},{"id":84624,"structure_id":15987,"section_number":"23.1-3137","catch_line":"Duties of the Authority","url":"\/23.1-3137\/","token":"23.1\/V\/31\/9\/23.1-3137","metadata":false},{"id":62366,"structure_id":15987,"section_number":"23.1-3138","catch_line":"Procurement and information technology","url":"\/23.1-3138\/","token":"23.1\/V\/31\/9\/23.1-3138","metadata":false}],"previous_section":{"id":84624,"structure_id":15987,"section_number":"23.1-3137","catch_line":"Duties of the Authority","url":"\/23.1-3137\/","token":"23.1\/V\/31\/9\/23.1-3137","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-3138\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapter 686<\/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 2020, chapter 1137<\/a>.<\/p>","references":false,"refers_to":[{"id":73383,"section_number":"2.2-2005","catch_line":"Creation of Agency; appointment of Chief Information Officer","order_by":null,"url":"\/2.2-2005\/"},{"id":72200,"section_number":"2.2-2699.5","catch_line":"Information Technology Advisory Council; membership; terms; quorum; compensation; staff","order_by":null,"url":"\/2.2-2699.5\/"},{"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":84046,"section_number":"2.2-4317","catch_line":"Prequalification generally; prequalification for construction","order_by":null,"url":"\/2.2-4317\/"},{"id":71233,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","order_by":null,"url":"\/2.2-4342\/"},{"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\/"},{"id":60557,"section_number":"53.1-47","catch_line":"Purchases by agencies, localities, and certain nonprofit organizations","order_by":null,"url":"\/53.1-47\/"}],"permalink":{"id":187009,"object_type":"law","relational_id":62366,"identifier":"23.1-3138","token":"23.1\/V\/31\/9\/23.1-3138","url":"\/23.1-3138\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-3138\/","token":"23.1\/V\/31\/9\/23.1-3138","dublin_core":{"Title":"Procurement and information technology","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-3138","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Authority shall be exempt from the provisions of the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.), except for § 2.2-4342<\/a>, which shall not be construed to require compliance with the prequalification application procedures of subsection B of § 2.2-4317<\/a>, if it adopts and complies with policies for the procurement of goods and services, including professional services, that (i) are based upon competitive principles; (ii) in each instance seek competition to the maximum practical degree; (iii) implement a system<\/span> of competitive negotiation for professional services pursuant to §§ 2.2-4303.1<\/a> and 2.2-4302.2<\/a>; (iv) prohibit discrimination in the solicitation and award of contracts<\/span> based on the bidder’s or offeror’s race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability or on any other basis prohibited by state or federal law<\/span>; (v) incorporate the prompt payment principles of §§ 2.2-4350<\/a> and 2.2-4354<\/a>; (vi) consider the impact on correctional enterprises under § 53.1-47<\/a>; (vii) provide that whenever solicitations are made seeking competitive procurement of goods or services, it shall be a priority of the Authority to provide for fair and reasonable consideration of small, women-owned, and minority-owned businesses and to promote and encourage a diversity of suppliers; and (viii) identify the public, educational, and operational interests served by any procurement rule that deviates from procurement rules in the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Authority shall be exempt from the provisions governing the Virginia Information Technologies Agency in Chapter 20.1 (§ 2.2-2005<\/a> et seq.) of Title 2.2 and the provisions governing the Information Technology Advisory Council<\/span> in Article 35 (§ 2.2-2699.5<\/a> et seq.) of Chapter 26 of Title 2.2, if it adopts and complies with policies and professional best practices regarding strategic planning for information technology, project management, security, budgeting, infrastructure, and ongoing operations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCUREMENT AND INFORMATION TECHNOLOGY (\u00a7 23.1-3138)\n\nA. The Authority shall be exempt from the provisions of the Virginia Public\nProcurement Act (§ 2.2-4300 et seq.), except for § 2.2-4342, which\nshall not be construed to require compliance with the prequalification\napplication procedures of subsection B of § 2.2-4317, if it adopts and\ncomplies with policies for the procurement of goods and services, including\nprofessional services, that (i) are based upon competitive principles; (ii) in\neach instance seek competition to the maximum practical degree; (iii) implement\na system of competitive negotiation for professional services pursuant to\n§§ 2.2-4303.1 and 2.2-4302.2; (iv) prohibit discrimination in the\nsolicitation and award of contracts based on the bidder’s or\nofferor’s race, religion, color, sex, sexual orientation, gender identity,\nnational origin, age, or disability or on any other basis prohibited by state or\nfederal law; (v) incorporate the prompt payment principles of §§\n2.2-4350 and 2.2-4354; (vi) consider the impact on correctional enterprises\nunder § 53.1-47; (vii) provide that whenever solicitations are made seeking\ncompetitive procurement of goods or services, it shall be a priority of the\nAuthority to provide for fair and reasonable consideration of small,\nwomen-owned, and minority-owned businesses and to promote and encourage a\ndiversity of suppliers; and (viii) identify the public, educational, and\noperational interests served by any procurement rule that deviates from\nprocurement rules in the Virginia Public Procurement Act (§ 2.2-4300 et\nseq.).\n\nB. The Authority shall be exempt from the provisions governing the Virginia\nInformation Technologies Agency in Chapter 20.1 (§ 2.2-2005 et seq.) of\nTitle 2.2 and the provisions governing the Information Technology Advisory\nCouncil in Article 35 (§ 2.2-2699.5 et seq.) of Chapter 26 of Title 2.2, if\nit adopts and complies with policies and professional best practices regarding\nstrategic planning for information technology, project management, security,\nbudgeting, infrastructure, and ongoing operations.\n\nHISTORY: 2017, c. 686; 2020, c. 1137.","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}}