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2007 SESSION

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071528808
SENATE BILL NO. 861 Offered January 10, 2007 Prefiled January 8, 2007 A BILL to amend the Code of Virginia by adding a section numbered 2.2-4312.1, relating to the Virginia Public Procurement Act; required disclosure of the location where services are to be performed under the contract. ---------- Patrons-- Reynolds and Puckett ---------- Referred to Committee on General Laws and Technology ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 2.2-4312.1 as follows:

§ 2.2-4312.1. Required disclosure of the location where services to be performed under the contract.

A. State public bodies shall include in all solicitations for the purchase of services from nongovernmental contractors a requirement that the prospective vendors disclose the location where services will be performed under the contract, including any subcontracts, and whether any services under the contract, including any subcontracts, are anticipated to be performed outside of the United States. In awarding the contract or evaluating the bid or offer, the public body may consider the disclosure of the prospective vendor and the economic impact to the Commonwealth and its citizens.

B. If the public body awards the contract based upon a prospective vendor's disclosure that the services under the contract will be performed in the United States, and the vendor subsequently changes the location where the services are performed to a location outside of the United States, the vendor shall be deemed in breach of the contract unless the public body makes a written determination that circumstances required the change in location or termination of the contract would not be in the best interest of the Commonwealth.

C. On or before September 30 of each year, the Department of General Services shall provide to the Governor and General Assembly a report detailing the impact of outsourcing services on the procurement cost of the Commonwealth.  Such report shall include, but not be limited to (i) contracts with a disclosure of services provided outside of the United States and (ii) a description and value of the services included in the contract.