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2012 SESSION

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12100757D
HOUSE BILL NO. 90 Offered January 11, 2012 Prefiled December 27, 2011  A BILL to amend and reenact § 53.1-48 of the Code of Virginia, relating to correctional enterprises; exemption from mandatory purchase provisions. ---------- Patron-- Bell, Richard P. ---------- Referred to Committee on Militia, Police and Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 53.1-48 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-48. Exceptions as to purchases.

The A. Except as provided in subsection B, the Director of the Division of Purchases and Supply may exempt a department, institution or agency of the Commonwealth from the provisions of § 53.1-47 in any case where, in the opinion of the Director, the article so produced or manufactured does not meet the reasonable requirements of such department, institution or agency, or the requisition made cannot be complied with on account of an insufficient supply of the articles or supplies required, or otherwise. In any case where the Director of Purchases and Supply grants an exemption from the provisions of § 53.1-47, he shall submit a written justification for the exemption to the Director of the Department of Corrections.

B. Any department, institution or agency of the Commonwealth may use competitive sealed bidding in accordance with the Virginia Public Procurement Act (§ 2.2-4300 et seq.) for the procurement of furniture without first seeking an exemption from the provisions of § 53.1-47 from the Director of the Division of Purchases and Supply.