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2016 SESSION

16100609D
HOUSE BILL NO. 823
Offered January 13, 2016
Prefiled January 12, 2016
A BILL to amend and reenact § 2.2-614.4 of the Code of Virginia, relating to governmental agencies contracting for items listed on commercial activities list.
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Patron-- LeMunyon
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1. That § 2.2-614.4 of the Code of Virginia is amended and reenacted as follows:

§ 2.2-614.4. Commercial activities list; publication of notice; opportunity to comment.

A. As used in this section, unless the context requires a different meaning:

"Commercial activities list" means the list developed by the Department of Planning and Budget in accordance with § 2.2-1501.1.

"Governmental agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government and any county, city, or town or local or regional governmental authority.

B. Any state governmental agency that intends to purchase services for an amount over $25,000 from another governmental agency, which service is found on the commercial activities list, shall post notice on the Department of General Services' central electronic procurement system under the "Future Procurement" listing.

C. Any local governmental agency that intends to purchase services for an amount over $25,000 from another governmental agency, which service is found on the commercial activities list, shall post notice on its public government website where all public notices for procurement opportunities are located or on the Department of General Services' central electronic procurement system under the "Future Procurement" listing.

D. In addition to the notice requirement in subsection C, any such governmental agency shall provide the opportunity for comment by or the submission of information from the private sector on each such intended purchase.

E. The provisions of this section shall not apply to mandatory purchases pursuant to § 53.1-47 or contracts specifically exempted pursuant to Article 3 (§ 2.2-4343 et seq.) of the Virginia Public Procurement Act.

F. The Except as provided in subsection G, the provisions of this section shall not apply to services provided by central service state agencies, or activities operated as an internal service fund of the Commonwealth, or purchases from public institutions of higher education.

G. The provisions of this section shall apply to the Department of General Services for the following services:

1. Statewide engineering and architectural services;

2. Statewide building management;

3. Parking facilities management;

4. Statewide vehicle management services;

5. Statewide laboratory services;

6. State mail services;

7. Statewide cooperative procurement and distribution services;

8. Electronic procurement program commonly known as "eVA";

9. Statewide leasing and disposal services;

10. Surplus property management; and

11. Statewide graphic design services.