HB 2113 — Procurement policies; various Authorities to adopt.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E662 An Act to amend and reenact §§ 2.2-2244, 2.2-2325, and 2.2-2364 of the Code of Virginia, relating to of Virginia InnovationEconomic Development Partnership Authority;

Virginia Tourism Authority;

Commonwealth of Virginia Innovation Partnership Authority;

exemptions.tRexemptions. O [H 2113] L Approved L Be it enacted by the General Assembly of Virginia:

E[H 1.2113] Approved March 26, 2023 Be it enacted by the General Assembly of Virginia:

That1. §§ 2.2-2244, 2.2-2325, and 2.2-2364 of the Code of Virginia are amended and reenacted aD fol§ 2.2-2244.

That §§ 2.2-2244, 2.2-2325, and 2.2-2364 of the Code of Virginia are amended and reenacted as follows:

§ 2.2-2244.

The provisions of the Virginia Personnel Act (§ 2.2-2900 et seq.) of and the Virginia Public Procurementpower Actconferred (§under 2.2-4300this etarticle.) seq.) of this title shall not apply to the Authority in the exercise of any powerB. conferred under this article.

B.

H 1.

22. §§ 2.2-4302.2 and 2.2-4303.1, unless there is only one source practically available and the Authority has complied with the requirements of subsection C;

ERequire 3.competitive negotiation for professional services, which includes the requirements of §§ 2.2-4302.2 and 2.2-4303.1, unless there is only one source practically available and the Authority has complied with the requirements of subsection C;

3.

For purchases of (i) goods or nonprofessional services under $200,000 or (ii) professional services or non-transportation-related construction under $80,000, the Authority shall not be required to comply with subdivisions B 1 and 2.

For purchases of (a) goods or nonprofessional services forrequiredfor to $200,000 or more or (b) professional services or non-transportation-related construction of $80,000 or more, the Authority shall not be required to comply with subdivisions B 1 and 2 if the Authority determines in writing that such purchase contributes to the public purpose and mission of the Authority as described in § 2.2-2234.

Such notice shall be posted on the Department of General Services' central electronic procurement website or the Authority's website on the day the Authority awards or announces its decision to award such contract, whichever occurs first.

The Authority shall incorporate theouncesthe procedures effectuating the provisions of this subsection in the policies required by subsection B.

Such notice shall be posted on the Department of General Services' central electronic procurement website or the Authority's website on the day the Authority awards or announces its decision to award such contract, whichever occurs first.

The Authority 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 procurementawarded. website or the Authority's website and may be published in a newspaper of generalc circulation on the day the public body awards or announces its decision to award the contract, of 3 whichever occurs first.

This notice shall be posted on the Department of General Services' central electronic procurement website or the Authority's website and may be published in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first.

The Authority shall submit the policies established in accordance with subsection B to the of 3 Governor, the Department of General Services, and the Chairs of the Senate Committee on General Laws and Technology and the House Committee on General Laws every five years by November 1, beginning November 1, 2024.

of 3 B.

E 1.

N2. §§ 2.2-4302.2 and 2.2-4303.1, unless there is only one source practically available and the Authority has complied with the requirements of subsection C;

RRequire 3.competitive negotiation for professional services, which includes the requirements of §§ 2.2-4302.2 and 2.2-4303.1, unless there is only one source practically available and the Authority of 3 has complied with the requirements of subsection C;

Prohibit3. discrimination against a bidder or offeror based on race, religion, color, sex, Oexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by federal or state law relating to discrimination in employment;

andProhibit Ldiscrimination 4.against a bidder or offeror based on race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by federal or state law relating to discrimination in employment;

Incorporate the prompt payment principles of § 2.2-4350 and the4. payment clauses of § 2.2-L354.

Incorporate the prompt payment principles of § 2.2-4350 and the payment clauses of § 2.2-4354.

servicesC. or non-transportation-related construction under $80,000, the Authority shall not be required to comply with subdivisions B 1 and 2.

For purchases of (a)(i) goods or nonprofessional services forunder D $200,000 or more(ii) or (b) professional services or non-transportation-related construction ofunder $80,000$80,000, or more, the Authority shall not be required to comply with subdivisions B 1 and 22. if the Authority determines in writing that such purchase contributes to the public purpose and mission of the Authority as described in § 2.2-2351.

TheFor Authoritypurchases shallof state(a) ingoods suchor writingnonprofessional (1)services anfor explanation$200,000 or more or (b) professional services or non-transportation-related construction of such$80,000 determination,or (2)more, thatthe whichAuthority isshall beingnot purchased,be (3)required to comply with subdivisions B 1 and 2 if the contractorAuthority selecteddetermines forin writing that such purchase,purchase (4)contributes to the public purpose and mission of the Authority.Authority as described in § 2.2-2351.

SuchThe noticeAuthority shall bestate postedin onsuch thewriting Department(1) an explanation of Generalsuch Services'determination, ceHtraland(2) electronicthat procurementwhich websiteis orbeing purchased, (3) the Authority'scontractor websiteselected onfor such purchase, (4) the daydate of the Authorityaward awardsof orsuch announcescontract, itsand decision(5) tothe awardrelationship of such contract,purchase whicheverto occursthe first.public purpose and mission of the Authority.

TheSuch Authoritynotice shall incorporatebe th1posted procedureson effectuating the provisionsDepartment of thisGeneral subsectionServices' incentral electronic procurement website or the policiesAuthority's requiredwebsite byon subsectio3the B.day the Authority awards or announces its decision to award such contract, whichever occurs first.

The Authority shall incorporate the procedures effectuating the provisions of this subsection in the policies required by subsection B.

In case of emergency, the Authority shall not be required to comply with subdivisions B 1Rand1 and 2 if the Authority determines in writing that an emergency exists and makes the purchase needed with such competition as is practicable under the circumstances.

The Authority shall state in such writing (i) that the contract is being awarded on an emergency basis, (ii) that which is being purchased, (iii) the contractor selected, (iv) the date of the award of such contract, and (v) the relationship between theethe selection of such contract to the circumstances constituting an emergency.

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 negotiation.

Governor,F. the Department of General Services, and the Chairs of the Senate Committee on Generale Laws and Technology and the House Committee on General Laws every five years by November 1, beginning November 1, 2024.