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2019 SESSION
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.
A department, institution, or agency of the
Commonwealth may be granted an exemption from the provisions of § 53.1-47 with
the written consent of both the Director of the Division of Purchases
and Supply and the Chief Executive Officer of the Virginia Correctional
Enterprises Program in any case where (i) the article so produced or manufactured
does not meet the reasonable requirements of the department, institution,
or agency, (ii) an identical article can be obtained at a verified lesser cost
from the private sector, which is evidenced by a verified request for pricing,
or (iii) 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 an exemption from the provisions of § 53.1-47 is not granted
as provided in this section, the Director of Purchases and Supply and
the Chief Executive Officer of the Virginia Correctional Enterprises Program
shall submit provide a written justification for the exemption
denial to the Director of the Department of Corrections and the Director
of the Department of General Services department, institution, or agency
that requested the exemption.