                                 CODE OF VIRGINIA

DIRECTOR AUTHORIZED TO CONTRACT FOR CERTAIN SERVICES; AWARD OF CONTRACT;
AUTHORITY WHEN NO CONTRACT IS IN EFFECT (§ 54.1-832)

A. The Director may contract with a private person, firm, corporation or
association to provide any or all of the following services on behalf of the
Department: examining and recommending licensure, investigating and ensuring
that events are conducted in compliance with statutes and regulations,
performing clerical duties, collecting fees, maintaining records, developing
proposed regulations in accordance with Article 2 (&#xA7; 2.2-4006 et seq.) of
the Administrative Process Act, and recommending enforcement actions in
accordance with Article 3 (&#xA7; 2.2-4018 et seq.) of the Administrative
Process Act.

B. The Director shall procure any or all of such services in accordance with the
provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.). Prior
to the award of such contract, a proposer shall demonstrate, to the satisfaction
of the Director:

   1. Personnel and financial resources necessary to carry out the provisions of
   the contract;

   2. Adequate indemnification to protect the Commonwealth and its agencies and
   instrumentalities from all claims and losses incurred as a result of the
   contract;

   3. Compliance with all applicable federal, state, and local laws;

   4. Ability to develop, implement, and maintain the internal operations
   necessary to carry out the provisions of the contract; and

   5. Ability to meet any other qualifications the Director deems appropriate in
   the procurement process.

C. Any contract awarded in accordance with this section shall not exceed a
three-year term, but may be renewed annually upon the approval of the Director.
The Director shall be the signatory to the contract on behalf of the
Commonwealth.

D. Nothing herein is intended to deprive the contractor or the Commonwealth of
the benefits of any law limiting exposure to liability or setting a limit on
damages.

E. Nothing herein is intended to deprive the Director of his authority to carry
out the requirements of this chapter when no contract is in effect.

HISTORY: 1998, c. 895.