HB 964 — Virginia Public Procurement Act; methods of procurement, submitting bids electronically.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E360 An Act to amend and reenact § 2.2-4303 of the Code of Virginia, relating to the Virginia PublicNPublic Procurement Act;

R O [H 964] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:

E § 2.2-4303.

DA. the purchase of services, insurance, or construction, shall be awarded after competitive sealed bidding, or competitive negotiation as provided in this section, unless otherwise authorized by law.

All state public bodiescontracts acceptingwith bidsnongovernmental contractors for the purchase or proposalslease of goods, or for contractsthe pursuantpurchase toof thisservices, chapterinsurance, or construction, shall providebe anawarded optionafter tocompetitive submitsealed bidsbidding, or proposalscompetitive throughnegotiation theas Commonwealth'sprovided statewidein electronicthis procurementsection, system,unless knownotherwise asauthorized eVA.by law.

All state public bodies accepting bids or proposals for contracts pursuant to this chapter shall provide an option to as eVA.

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9C. sealed bidding or competitive negotiation.nal services, and insurance may be procured by compet4tive Upon a written determination made in advance by (i) the Governor or his designee in the case of a procurement by the Commonwealth or by a department, agency or institution thereof or (ii) the local governing body in the case of a procurement by a political subdivision of the Commonwealth, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services set forth in § 2.2-4302.2.

Goods, services other than professional services, and insurance may be procured by competitive sealed bidding or competitive negotiation.

Upon a written determination made in advance by (i) the Governor or his designee in the case of a procurement by the Commonwealth or by a department, agency or institution thereof or (ii) the local governing body in the case of a procurement by a political subdivision of the Commonwealth, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services set forth in § 2.2-4302.2.

negotiationD. may be used in the following instances:ive sealed bidding, except that competitive 1.

Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances:

1.

Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation.

ThedThe public body shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded.

Local public bodies are encouraged to utilize the Department of General Services' central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth's procurementtprocurement website to opportunities.

The public body shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be procurementawarded. website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award of 2 the contract, whichever occurs first, or as soon thereafter as is practicable.

This notice shall be posted on the Department of General Services' central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable.

of 2 Local public bodies are encouraged to utilize the Department of General Services' central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth's procurement opportunities.