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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.