                                 CODE OF VIRGINIA

COVERED INSTITUTIONS; OPERATIONAL AUTHORITY; PROCUREMENT (§ 23.1-1017)

A. Subject to the express provisions of the management agreement, each covered
institution may be exempt from the provisions of the Virginia Public Procurement
Act (&#xA7; 2.2-4300 et seq.), except for &#xA7;&#xA7; 2.2-4340, 2.2-4340.1,
2.2-4340.2, 2.2-4342, and 2.2-4376.2, which shall not be construed to require
compliance with the prequalification application procedures of subsection B of
&#xA7; 2.2-4317, provided, however, that (i) any deviations from the Virginia
Public Procurement Act in the management agreement shall be uniform across all
covered institutions and (ii) the governing board of the covered institution
shall adopt, and the covered institution shall comply with, policies for the
procurement of goods and services, including professional services, that shall
(a) be based upon competitive principles; (b) in each instance seek competition
to the maximum practical degree; (c) implement a system of competitive
negotiation for professional services pursuant to &#xA7;&#xA7; 2.2-4303.1 and
2.2-4302.2; (d) prohibit discrimination in the solicitation and award of
contracts on the basis of 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; (e)
incorporate the prompt payment principles of &#xA7;&#xA7; 2.2-4350 and 2.2-4354;
(f) consider the impact on correctional enterprises under &#xA7; 53.1-47; and
(g) provide that whenever solicitations are made seeking competitive procurement
of goods or services, it shall be a priority of the institution to provide for
fair and reasonable consideration of small, women-owned, and minority-owned
businesses and to promote and encourage a diversity of suppliers.

B. Such policies may (i) provide for consideration of the dollar amount of the
intended procurement, the term of the anticipated contract, and the likely
extent of competition; (ii) implement a prequalification procedure for
contractors or products; and (iii) include provisions for cooperative
arrangements with other covered institutions, other public or private
educational institutions, or other public or private organizations or entities,
including public-private partnerships, public bodies, charitable organizations,
health care provider alliances or purchasing organizations or entities, state
agencies or institutions of the Commonwealth or the other states, the District
of Columbia, the territories, or the United States, and any combination of such
organizations and entities.

C. Nothing in this section shall preclude a covered institution from requesting
and utilizing the assistance of the Virginia Information Technologies Agency for
information technology procurements and covered institutions are encouraged to
utilize such assistance.

D. Each covered institution shall post on the Department of General
Services&#8217; central electronic procurement website all Invitations to Bid,
Requests for Proposal, sole source award notices, and emergency award notices to
ensure visibility and access to the Commonwealth&#8217;s procurement
opportunities on one website.

E. As part of any procurement provisions of the management agreement, the
governing board of a covered institution shall 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.).

HISTORY: 2005, cc. 933, 945, § 23-38.110; 2011, c. 332; 2013, c. 583; 2015, cc.
760, 776; 2016, c. 588; 2020, cc. 496, 497, 1137; 2022, cc. 96, 97.