2006 Code of Virginia § 2.2-1111 - Purchases to be made in accordance with the Virginia Public Procurement Act ({ 2.2-4300 et seq.) ...

2.2-1111. Purchases to be made in accordance with the Virginia PublicProcurement Act ( 2.2-4300 et seq.) and regulations of Division; exemptpurchases.

A. All purchases made by any department, division, officer or agency of theCommonwealth shall be made in accordance with the Virginia Public ProcurementAct ( 2.2-4300 et seq.) and such regulations as the Division may prescribe.

B. The regulations adopted by the Division shall:

1. Include a purchasing plan that shall be on file at the Division and shallbe available to the public upon request;

2. Require that before any public body procures any computer system,equipment or software, it shall consider whether the proposed system,equipment or software is capable of producing products that facilitate therights of the public to access official records under the Freedom ofInformation Act ( 2.2-3700 et seq.) or other applicable law;

3. Require state public bodies to procure only shielded outdoor lightfixtures and provide for waivers of this requirement when the Divisiondetermines that a bona fide operational, temporary, safety or specificaesthetic need is indicated or that such fixtures are not cost effective overthe life cycle of the fixtures. For the purposes of this subdivision,"shielded outdoor light fixture" means an outdoor light fixture that is (i)fully shielded so that no light rays are emitted by the installed fixtureabove the horizontal plane or (ii) constructed so that no more than twopercent of the total luminaire lumens in the zone of 90 to 180 degreesvertical angle is permitted, if the related output of the luminaire isgreater than 3200 lumens. In adopting regulations under this subdivision, theDivision shall consider national standards for outdoor lighting as adopted bythe Illuminating Engineering Society of North America (IESNA).

For any project initiated on or after July 1, 2003, the Virginia Departmentof Transportation shall design all lighting systems in accordance withcurrent IESNA standards and recommended practices. The lighting system shallutilize fixtures that minimize glare, light trespass, and skyglow, all asdefined by the IESNA, while still providing a comfortable, visuallyeffective, safe, and secure outdoor environment in a cost-effective mannerover the life cycle of the lighting system;

4. Establish the conditions under which a public body may use, as a basis forthe procurement of goods and nonprofessional services, a particular vendor'scontract-pricing that has been negotiated and accepted by the U.S. GeneralServices Administration;

5. Establish procurement preferences for products containing recycled oil(including reprocessed and rerefined oil products) and recycled antifreeze nolater than December 31, 2002; and

6. Establish conditions under which a public body shall demonstrate a goodfaith effort to ensure that state contracts or subcontracts for goods orservices that involve the manual packaging of bulk supplies or the manualassemblage of goods where individual items weigh less than 50 pounds beoffered to nonprofit sheltered workshops or other nonprofit organizationsthat offer transitional or supported employment services serving thehandicapped.

C. The Division may make, alter, amend or repeal regulations relating to thepurchase of materials, supplies, equipment, nonprofessional services, andprinting, and may specifically exempt purchases below a stated amount orparticular agencies or specified materials, equipment, nonprofessionalservices, supplies and printing.

(Code 1950, 2-251; 1958, c. 124; 1966, c. 677, 2.1-275; 1977, c. 672, 2.1-442; 1979, c. 508; 1980, c. 357; 1982, c. 647; 1996, c. 435; 1997, c.907; 2001, cc. 569, 844; 2002, c. 504; 2003, c. 294; 2005, c. 817.)

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