                                 CODE OF VIRGINIA

JOINT AND COOPERATIVE PROCUREMENT (§ 2.2-4304)

A. Any public body may participate in, sponsor, conduct, or administer a joint
procurement agreement on behalf of or in conjunction with one or more other
public bodies, or public agencies or institutions or localities of the several
states, of the United States or its territories, the District of Columbia, the
U.S. General Services Administration, or the Metropolitan Washington Council of
Governments, for the purpose of combining requirements to increase efficiency or
reduce administrative expenses in any acquisition of goods, services, or
construction.

B. In addition, a public body may purchase from another public body&#8217;s
contract or from the contract of the Metropolitan Washington Council of
Governments or the Virginia Sheriffs&#8217; Association even if it did not
participate in the request for proposal or invitation to bid, if the request for
proposal or invitation to bid specified that the procurement was a cooperative
procurement being conducted on behalf of other public bodies, except for:

   1. Contracts for architectural or engineering services; or

   2. Construction. This subdivision shall not be construed to prohibit sole
   source or emergency procurements awarded pursuant to subsections E and F of
   &#xA7; 2.2-4303.
   				Subdivision 2 shall not apply to (i) the installation of artificial turf
   and track surfaces, (ii) stream restoration, (iii) stormwater management
   practices, or (iv) the installation of playground equipment, including all
   associated and necessary construction and maintenance.
   				In instances where any authority, department, agency, or institution of
   the Commonwealth desires to purchase information technology and
   telecommunications goods and services from another public body&#8217;s
   contract and the procurement was conducted on behalf of other public bodies,
   such purchase shall be permitted if approved by the Chief Information Officer
   of the Commonwealth. Any public body that enters into a cooperative
   procurement agreement with a county, city, or town whose governing body has
   adopted alternative policies and procedures pursuant to subdivisions A 9 and A
   10 of &#xA7; 2.2-4343 shall comply with the alternative policies and
   procedures adopted by the governing body of such county, city, or town.

C. Subject to the provisions of &#xA7;&#xA7; 2.2-1110, 2.2-1111, 2.2-1120 and
2.2-2012, any authority, department, agency, or institution of the Commonwealth
may participate in, sponsor, conduct, or administer a joint procurement
arrangement in conjunction with public bodies, private health or educational
institutions or with public agencies or institutions of the several states,
territories of the United States, or the District of Columbia, for the purpose
of combining requirements to effect cost savings or reduce administrative
expense in any acquisition of goods and services, other than professional
services, and construction.
			A public body may purchase from any authority, department, agency or
institution of the Commonwealth&#8217;s contract even if it did not participate
in the request for proposal or invitation to bid, if the request for proposal or
invitation to bid specified that the procurement was a cooperative procurement
being conducted on behalf of other public bodies. In such instances, deviation
from the procurement procedures set forth in this chapter and the administrative
policies and procedures established to implement this chapter shall be
permitted, if approved by the Director of the Division of Purchases and Supply.
			Pursuant to &#xA7; 2.2-2012, such approval is not required if the procurement
arrangement is for telecommunications and information technology goods and
services of every description. In instances where the procurement arrangement is
for telecommunications and information technology goods and services, such
arrangement shall be permitted if approved by the Chief Information Officer of
the Commonwealth. However, such acquisitions shall be procured competitively.
			Nothing herein shall prohibit the payment by direct or indirect means of any
administrative fee that will allow for participation in any such arrangement.

D. As authorized by the United States Congress and consistent with applicable
federal regulations, and provided the terms of the contract permit such
purchases:

   1. Any authority, department, agency, or institution of the Commonwealth may
   purchase goods and nonprofessional services, other than telecommunications and
   information technology, from a U.S. General Services Administration contract
   or a contract awarded by any other agency of the U.S. government, upon
   approval of the director of the Division of Purchases and Supply of the
   Department of General Services;

   2. Any authority, department, agency, or institution of the Commonwealth may
   purchase telecommunications and information technology goods and
   nonprofessional services from a U.S. General Services Administration contract
   or a contract awarded by any other agency of the U.S. government, upon
   approval of the Chief Information Officer of the Commonwealth;

   3. Any county, city, town, or school board may purchase goods and
   nonprofessional services from a U.S. General Services Administration contract
   or a contract awarded by any other agency of the U.S. government; and

   4. The Department of General Services and the Virginia Information
   Technologies Agency shall review and revise their procurement procedures to
   encourage the use of U.S. General Services Administration contracts or
   contracts awarded by any other agency of the United States government where
   appropriate.

HISTORY: 1982, c. 647, § 11-40; 1984, c. 330; 1987, c. 583; 1991, c. 645; 1996,
cc. 261, 280, 1019; 2001, c. 844; 2003, cc. 651, 895, 981, 1021; 2004, cc. 874,
906, 911, 936; 2005, c. 394; 2006, c. 100; 2010, c. 736; 2015, cc. 352, 760,
776; 2016, c. 629; 2017, c. 636; 2018, cc. 149, 269; 2022, c. 429; 2023, c. 290.