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2002 SESSION

022984564
SENATE BILL NO. 379
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on General Laws
on January 30, 2002)
(Patron Prior to Substitute--Senator Whipple)
A BILL to amend and reenact § 2.2-1111 of the Code of Virginia, relating to Department of General Services; purchase of light fixtures.

Be it enacted by the General Assembly of Virginia:

1. That § 2.2-1111 of the Code of Virginia is amended and reenacted as follows:

§ 2.2-1111. Purchases to be made in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.) and regulations of Division; exempt purchases.

A. All purchases made by any department, division, officer or agency of the Commonwealth shall be made in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.) and such regulations as the Division may prescribe.

B. The regulations adopted by the Division shall:

1. Include a purchasing plan that shall be on file at the Division and shall be available to the public upon request;

2. Require that before any public body procures any computer system, equipment or software, it shall consider whether the proposed system, equipment or software is capable of producing products that facilitate the rights of the public to access official records under the Freedom of Information Act (§2.2-3700 et seq.) or other applicable law;

3. Require state public bodies to procure only fully shielded outdoor light fixtures and provide for waivers of this requirement when the Director of Engineering and Buildings determines that a bona fide operational need is indicated;

3. 4. Establish the conditions under which a public body may use, as a basis for the procurement of goods and nonprofessional services, a particular vendor's contract-pricing that has been negotiated and accepted by the U.S. General Services Administration; and

4. 5. Establish procurement preferences for products containing recycled oil (including reprocessed and rerefined oil products) and recycled antifreeze no later than December 31, 2002.

For the purposes of subdivision 4, "fully shielded outdoor light fixture" means an outdoor light fixture that is shielded or constructed so that no light rays are emitted by the installed fixture above the horizontal plane as certified by a photometry test report.

C. The Division may make, alter, amend or repeal regulations relating to the purchase of materials, supplies, equipment, nonprofessional services, and printing, and may specifically exempt purchases below a stated amount or particular agencies or specified materials, equipment, nonprofessional services, supplies and printing.

2. That the provisions of this act shall not be applicable to the procurement of outdoor light fixtures by the Virginia Department of Transportation until July 1, 2004.