                                 CODE OF VIRGINIA

PROCUREMENT AND INFORMATION TECHNOLOGY (§ 23.1-3138)

A. The Authority shall be exempt from the provisions of the Virginia Public
Procurement Act (&#xA7; 2.2-4300 et seq.), except for &#xA7; 2.2-4342, which
shall not be construed to require compliance with the prequalification
application procedures of subsection B of &#xA7; 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
&#xA7;&#xA7; 2.2-4303.1 and 2.2-4302.2; (iv) prohibit discrimination in the
solicitation and award of contracts based on the bidder&#8217;s or
offeror&#8217;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 &#xA7;&#xA7;
2.2-4350 and 2.2-4354; (vi) consider the impact on correctional enterprises
under &#xA7; 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 (&#xA7; 2.2-4300 et
seq.).

B. The Authority shall be exempt from the provisions governing the Virginia
Information Technologies Agency in Chapter 20.1 (&#xA7; 2.2-2005 et seq.) of
Title 2.2 and the provisions governing the Information Technology Advisory
Council in Article 35 (&#xA7; 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.

HISTORY: 2017, c. 686; 2020, c. 1137.