2006 Code of Virginia § 2.2-1120 - Direct purchases by using agencies and certain charitable corporations and private nonprofit instit...

2.2-1120. Direct purchases by using agencies and certain charitablecorporations and private nonprofit institutions of higher education.

A. The Division shall have the power, by general rule or special order, topermit purchases of any material, equipment, supplies, printing ornonprofessional services of every description to be made by any using agencydirectly, and not through the Division, whenever it appears to thesatisfaction of the Division that by reason of the excess transportationcosts, a lower price with equal quality can be obtained by the using agency,or for any other reason, which in the judgment of the Division warrants anexemption.

B. The Division shall allow corporations operating in Virginia and grantedtax exempt status under 501(c)(3) of the Internal Revenue Code andoperating as clinics for the indigent and uninsured that are organized forthe delivery of primary health care services (i) as federally qualifiedhealth centers designated by the Health Care Financing Administration or (ii)at a reduced or sliding fee scale or without charge, to purchase directlyfrom contracts established for state agencies and public bodies by theDivision or, provided it is not prohibited by the terms of the procurement,through participation by the Division in other cooperative procurements.

C. The Division shall allow organizations that provide transportationservices in Virginia and receive funding from the Federal TransitAdministration or the Commonwealth Transportation Fund to purchase directlyfrom contracts established for state agencies and public bodies by theDivision. The Department of Rail and Public Transportation shall assist theDivision in establishing and maintaining a list of organizations that shallbe authorized to make purchases pursuant to this subsection.

D. The Division shall allow private institutions of higher educationchartered in Virginia and granted tax-exempt status under 501(c)(3) of theInternal Revenue Code to purchase directly from contracts established forstate agencies and public bodies by the Division.

(Code 1950, 2-257; 1958, c. 124; 1966, c. 677, 2.1-281; 1977, c. 672, 2.1-447; 1980, c, 357; 1988, c. 140; 2001, c. 844; 2002, c. 491; 2003, c.225; 2004, c. 484; 2006, c. 582.)

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