2006 Code of Virginia § 2.2-2012 - Procurement of information technology and telecommunications goods and services; computer equipmen...

2.2-2012. Procurement of information technology and telecommunicationsgoods and services; computer equipment to be based on performance-basedspecifications.

A. Information technology and telecommunications goods and services of everydescription shall be procured by (i) VITA for its own benefit or on behalf ofother state agencies and institutions or (ii) such other agencies orinstitutions to the extent authorized by VITA. Such procurements shall bemade in accordance with the Virginia Public Procurement Act ( 2.2-4300 etseq.), regulations that implement the electronic and information technologyaccessibility standards of the Rehabilitation Act of 1973 (29 U.S.C. 794d),as amended, and any regulations as may be prescribed by VITA. In no caseshall such procurements exceed the requirements of the regulations thatimplement the electronic and information technology accessibility standardsof the Rehabilitation Act of 1973, as amended.

The CIO shall disapprove any procurement that does not conform to thestatewide information technology plan or to the individual plans of stateagencies or public institutions of higher education.

B. All statewide contracts and agreements made and entered into by VITA forthe purchase of communications services, telecommunications facilities, andinformation technology goods and services shall provide for the inclusion ofcounties, cities, and towns in such contracts and agreements. Notwithstandingthe provisions of 2.2-4301, VITA may enter into multiple vendor contractsfor the referenced services, facilities, and goods and services.

B1. The Department may establish contracts for the purchase of personalcomputers and related devices by licensed teachers employed in a full-timeteaching capacity in Virginia public schools or in state educationalfacilities for use outside the classroom. The computers and related devicesshall not be purchased with public funds, but shall be paid for and owned byteachers individually provided that no more than one such computer andrelated device per year shall be so purchased.

C. If VITA, or any agency or institution authorized by VITA, elects toprocure personal computers and related peripheral equipment pursuant to anytype of blanket purchasing arrangement under which public bodies, as definedin 2.2-4301, may purchase such goods from any vendor following competitiveprocurement but without the conduct of an individual procurement by or forthe using agency or institution, it shall establish performance-basedspecifications for the selection of equipment. Establishment of suchcontracts shall emphasize performance criteria including price, quality, anddelivery without regard to "brand name." All vendors meeting theCommonwealth's performance requirements shall be afforded the opportunity tocompete for such contracts.

D. This section shall not be construed or applied so as to infringe upon, inany manner, the responsibilities for accounting systems assigned to theComptroller under 2.2-803.

(1984, c. 746, 2.1-563.16, 2.1-563.17, 2.1-563.18; 1985, c. 265; 1995, c.357; 1997, c. 858; 1999, cc. 412, 421, 433; 2001, c. 844, 2.2-1303; 2002,c. 579; 2003, cc. 352, 895, 981, 1021; 2004, cc. 237, 278.)