                                 CODE OF VIRGINIA

EXEMPTION OF AUTHORITY FROM PERSONNEL AND PROCUREMENT PROCEDURES; ADOPTION OF
PROCUREMENT POLICIES (§ 2.2-2244)

A. The provisions of the Virginia Personnel Act (&#xA7; 2.2-2900 et seq.) and
the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.) of this title
shall not apply to the Authority in the exercise of any power conferred under
this article.

B. The governing board of the Authority shall adopt policies for the procurement
of goods and services. Such policies shall:

   1. Seek competition to the maximum practical degree;

   2. Require competitive negotiation for professional services, which includes
   the requirements of &#xA7;&#xA7; 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. 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

   4. Incorporate the prompt payment principles of &#xA7; 2.2-4350 and the
   payment clauses of &#xA7; 2.2-4354. The Authority shall include provisions for
   the inspection of public records in &#xA7; 2.2-4342.

C. 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 &#xA7; 2.2-2234. 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&#8217; central electronic
procurement website or the Authority&#8217;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. 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&#8217; central electronic procurement website or
the Authority&#8217;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. 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&#8217; central electronic procurement
website or the Authority&#8217;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. 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.

HISTORY: 1995, c. 638, § 2.1-548.38; 2001, c. 844; 2023, c. 662.