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1996 SESSION


CHAPTER 280
An Act to amend and reenact § 11-40 of the Code of Virginia, relating to the Public Procurement Act; cooperative procurement.
[H 382]
Approved March 20, 1996

Be it enacted by the General Assembly of Virginia:

1. That § 11-40 of the Code of Virginia is amended and reenacted as follows:

§ 11-40. Cooperative procurement.

A. Any public body may participate in, sponsor, conduct, or administer a cooperative procurement agreement with one or more other public bodies, or agencies of the United States, for the purpose of combining requirements to increase efficiency or reduce administrative expenses. Any public body which enters into a cooperative procurement agreement with a county, city, or town whose governing body has adopted alternative policies and procedures pursuant to § 11-35 C or § 11-35 D of this chapter shall comply with the alternative policies and procedures adopted by the governing body of such county, city, or town.

B. Subject to the provisions of §§ 2.1-440, 2.1-442 and 2.1-447, any department, agency, or institution of the Commonwealth may participate in, sponsor, conduct, or administer a cooperative procurement arrangement with private health or educational institutions or with public agencies or institutions of the several states, territories of the United States, or the District of Columbia, for the purpose of combining requirements to effect cost savings or reduce administrative expense in any acquisition of equipment, instrumentation, or medical care supplies. In such instances, deviation from the procurement procedures set forth in the Virginia Public Procurement Act (§ 11-35 et seq.) and the administrative policies and procedures established to implement the Act will be permitted, if approved by the Director of the Division of Purchases and Supply; however, such acquisitions shall be procured competitively. Nothing herein shall prohibit the payment by direct or indirect means of any administrative fee that will allow for participation in any such arrangement.

C. A public body which is also a utility operator may purchase services through or participate in contracts awarded by one or more utility operators which are not public bodies for utility marking services as required by the Underground Utility Damage Prevention Act (§ 56-265.14 et seq.). A purchase of services under this subsection may deviate from the procurement procedures set forth in this chapter upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, and the contract is awarded based on competitive principles.