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D. Virginia Code Provisions Applicable to Procurements

The following Virginia Code sections continue to apply to Medical Center procurements:

• 1. § 11-49 (use of brand names in a solicitation does not restrict offerors to that brand unless specified in the bid solicitation);
• 2. § 11-51 (employment discrimination by contractors and subcontractors is prohibited, and certain requirements apply);
• 3. § 11-52 (public inspection of procurement records, cost estimates, etc. subject to confidentiality provisions);
• 4. § 11-54 (withdrawal of bids due to error is allowed under certain circumstances);
• 5. § 11-56 (five percent retainage permitted in contracts and subcontracts);
• 6. § 11-56.2 (contract provisions barring damages for unreasonable delay are void);
• 7. § 11-57 (bid bonds required for contracts over $100,000);
• 8. § 11-58 (performance and payment bonds required on contracts over $100,000);
• 9. § 11-59 (time limitations for actions on performance bonds);
• 10. § 11-60 (actions on payment bonds and time limitations);
• 11. § 11-61 (alternative forms of security); and
• 12. §§ 11-72 through 11-80 (Ethics in Public Procurement).

Where a procurement is undertaken for a brand name good, and substitution of an equal product is not authorized, the brand name designation shall be supported by a written determination that the named brand is necessary, or that sufficient intra-brand competition exists to make competition likely in the procurement.

Discrimination in procurements based upon race, religion, color, sex or national origin is prohibited. The Medical Center shall (a) ensure a non-discriminatory procurement process, and (b) prohibit employment discrimination by all vendors, firms, and contractors who provide goods and services to the Medical Center. These provisions shall be outlined in all formal procurement documents, including RFP's, IFB's, contracts and purchase orders. The Medical Center shall actively seek to involve minority business enterprises ("MBE") in its procurement processes. The Director, Materiel Support Services, shall coordinate these activities with the Director of Minority Procurement Programs for the University.