8VAC85-10-20. General provisions.
A. Chapters 933 and 995 of the 1996 Virginia Acts of Assembly provide that contracts awarded by the University of Virginia on behalf of the University of Virginia Medical Center for the procurement of goods; services, including professional services; and construction shall be exempt from the procurement laws of the Commonwealth, provided that the Board of Visitors of the university adopts guidelines that are generally applicable to such procurements by the Medical Center or by the university on behalf of the Medical Center. The guidelines are to be based upon competitive principles, include certain specific principles and practices enumerated in the enabling legislation and, in each instance, seek competition to the maximum practical degree.
B. The enabling legislation exempts such procurements and contracts from the Virginia Public Procurement Act, § 11-35 et seq. of the Code of Virginia, except that the following provisions of that Act continue to apply: §§ 11-49, 11-51, 11-52 (which section shall not be construed to require compliance with the prequalification application procedures of subsection B of § 11-46), 11-54, 11-56 through 11-61, and 11-72 through 11-80. The enabling legislation also exempts such procurements and contracts from Article 3 (§ 2.1-435 et seq.) of Chapter 32 of Title 2.1 of the Code of Virginia, regarding the duties and responsibilities of the Division of Purchases and Supply of the Virginia Department of General Services and from Article 5 (§ 2.1-480 et seq.) of Chapter 32 of Title 2.1 of the Code of Virginia regarding the review and approval by the Division of Engineering and Buildings of the Virginia Department of General Services of contracts for the construction of Medical Center capital projects.
C. The provisions of this policy statement set forth in this chapter constitute the adopted Board of Visitors procurement guidelines required by the enabling legislation regarding contracts awarded by the university on behalf of the Medical Center.
Statutory Authority
§ 23-77.4 of the Code of the Virginia (Chapters 933 and 995 of 1996 Virginia Acts of Assembly).
Historical Notes
Derived from Virginia Register Volume 12, Issue 21, eff. July 1, 1996.