2006 Code of Virginia § 2.2-4345 - Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; li...

2.2-4345. Exemptions from competitive sealed bidding and competitivenegotiation for certain transactions; limitations.

A. The following public bodies may enter into contracts without competitivesealed bidding or competitive negotiation:

1. The Director of the Department of Medical Assistance Services for specialservices provided for eligible recipients pursuant to subsection H of 32.1-325, provided that the Director has made a determination in advanceafter reasonable notice to the public and set forth in writing thatcompetitive sealed bidding or competitive negotiation for such services isnot fiscally advantageous to the public, or would constitute an imminentthreat to the health or welfare of such recipients. The writing shalldocument the basis for this determination.

2. (Effective until July 1, 2008) The State Health Commissioner for thecompilation, storage, analysis, evaluation, and publication of certain datasubmitted by health care providers and for the development of a methodologyto measure the efficiency and productivity of health care providers pursuantto Chapter 7.2 ( 32.1-276.2 et seq.) of Title 32.1, if the Commissioner hasmade a determination in advance, after reasonable notice to the public andset forth in writing, that competitive sealed bidding or competitivenegotiation for such services is not fiscally advantageous to the public. Thewriting shall document the basis for this determination. Such agreements andcontracts shall be based on competitive principles.

3. The Code of Virginia Commission when procuring the services of a publisher,pursuant to 30-146 and 30-148, to publish the Code of Virginia or theVirginia Administrative Code.

4. The Department of Alcoholic Beverage Control for the purchase of alcoholicbeverages.

5. The Department for the Aging, for the administration of elder rightsprograms, with (i) nonprofit Virginia corporations granted tax-exempt statusunder 501 (c) (3) of the Internal Revenue Code with statewide experience inVirginia in conducting a state long-term care ombudsman program or (ii)designated area agencies on aging.

6. The Department of Health for (a) child restraint devices, pursuant to 46.2-1097; (b) health care services with Virginia corporations 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 in a community (i) as federallyqualified health centers designated by the Health Care FinancingAdministration or (ii) at a reduced or sliding fee scale or without charge;or (c) contracts with laboratories providing cytology and related services ifcompetitive sealed bidding and competitive negotiations are not fiscallyadvantageous to the public to provide quality control as prescribed inwriting by the Commissioner of Health.

7. Virginia Correctional Enterprises, when procuring materials, supplies, orservices for use in and support of its production facilities, provided theprocurement is accomplished using procedures that ensure as efficient use offunds as practicable and, at a minimum, includes obtaining telephonequotations. Such procedures shall require documentation of the basis forawarding contracts under this section.

8. The Virginia Baseball Stadium Authority for the operation of anyfacilities developed under the provisions of Chapter 58 ( 15.2-5800 et seq.)of Title 15.2, including contracts or agreements with respect to the sale offood, beverages and souvenirs at such facilities.

9. With the consent of the Governor, the Jamestown-Yorktown Foundation forthe promotion of tourism through marketing with private entities provided ademonstrable cost savings, as reviewed by the Secretary of Education, can berealized by the Foundation and such agreements or contracts are based oncompetitive principles.

10. The Chesapeake Hospital Authority in the exercise of any power conferredunder Chapter 271, as amended, of the Acts of Assembly of 1966; provided thatit does not discriminate against any person on the basis of race, color,religion, national origin, sex, pregnancy, childbirth or related medicalconditions, age, marital status, or disability in the procurement of goodsand services.

11. Richmond Eye and Ear Hospital Authority, any authorities created underChapter 53 ( 15.2-5300 et seq.) of Title 15.2 and any hospital or healthcenter commission created under Chapter 52 ( 15.2-5200 et seq.) of Title15.2 in the exercise of any power conferred under their respectiveauthorizing legislation; provided that these entities shall not discriminateagainst any person on the basis of race, color, religion, national origin,sex, pregnancy, childbirth or related medical conditions, age, maritalstatus, or disability in the procurement of goods and services.

12. The Patrick Hospital Authority sealed in the exercise of any powerconferred under the Acts of Assembly of 2000; provided that it does notdiscriminate against any person on the basis of race, color, religion,national origin, sex, pregnancy, childbirth or related medical conditions,age, marital status, or disability in the procurement of goods and services.

13. Public bodies for insurance or electric utility services if purchasedthrough an association of which it is a member if the association was formedand is maintained for the purpose of promoting the interest and welfare ofand developing close relationships with similar public bodies, provided suchassociation has procured the insurance or electric utility services by use ofcompetitive principles and provided that the public body has made adetermination in advance after reasonable notice to the public and set forthin writing that competitive sealed bidding and competitive negotiation arenot fiscally advantageous to the public. The writing shall document the basisfor this determination.

14. Public bodies administering public assistance and social servicesprograms as defined in 63.2-100, community services boards as defined in 37.2-100, or any public body purchasing services under the ComprehensiveServices Act for At-Risk Youth and Families ( 2.2-5200 et seq.) or theVirginia Juvenile Community Crime Control Act ( 16.1-309.2 et seq.) forgoods or personal services for direct use by the recipients of such programsif the procurement is made for an individual recipient. Contracts for thebulk procurement of goods or services for the use of recipients shall not beexempted from the requirements of 2.2-4303.

15. The Eastern Virginia Medical School in the exercise of any powerconferred pursuant to Chapter 471, as amended, of the Acts of Assembly of1964.

B. No contract for the construction of any building or for an addition to orimprovement of an existing building by any local government or subdivision oflocal government for which state funds of not more than $30,000 in theaggregate or for the sum of all phases of a contract or project either byappropriation, grant-in-aid or loan, are used or are to be used for all orpart of the cost of construction shall be let except after competitive sealedbidding or after competitive negotiation as provided under of subsection D of 2.2-4303. The procedure for the advertising for bids or for proposals andfor letting of the contract shall conform, mutatis mutandis, to this chapter.

(1982, c. 647, 11-45; 1984, c. 764; 1987, cc. 194, 248; 1989, c. 235; 1990,c. 395; 1991, c. 175; 1993, cc. 110, 505, 638, 971; 1996, cc. 145, 897, 902,950, 1038; 1998, cc. 222, 619, 666, 697, 791; 1999, cc. 160, 194, 1021, 1024;2000, cc. 242, 696, 927; 2001, c. 844; 2002, cc. 87, 478, 747; 2006, c. 658.)