University of Virginia Library

Article 5
Requirements for Implementing Procedures

8 VAC-85-10-130. Protests, Appeals and Debarment.

The Procedures for procurements other than capital outlay shall include a process or processes for an administrative appeal by vendors, firms or contractors, consisting of a protest to a person designated by the President, and thereafter an appeal to a procurement appeals board appointed by the President. Procurements for capital outlay projects shall

include a dispute resolution process which may include an appearance before a person appointed by the President. Protests and appeals may challenge determinations of vendor, firm or contractor non-responsibility or ineligibility, or award of contracts, provided that such protests and appeals are filed within the times specified by the Procedures. Remedies available shall be limited to reversal of the action challenged. The Procedures also may establish the basis and process for debarment of any vendor, firm or contractor.

8 VAC-85-10-140. Prompt Payment of Contractors and Subcontractors

The Procedures shall include provisions related to prompt payment of outstanding invoices which shall include payment of interest on properly-presented invoices outstanding more than fourteen (14) days beyond the payment date, at a rate no higher than the lowest prime rate charged by any commercial bank as published in the Wall Street Journal. The payment date shall be the later of thirty (30) days from the date of the receipt of goods or invoice, or the date established by the contract. The Procedures shall include compliance with the set off procedures of the Virginia Debt Collection Act. §2.1-726 et seq. of the Code of Virginia, and shall require an annual report to the Board of Visitors of interest paid during each fiscal year. All contracts also shall require prompt

payment of subcontractors by the general contractor, upon receipt of payment by the University.

8 VAC-85-10-150. Types of Procurements.

The Procedures shall implement a system of competitive negotiation for professional services, as defined in the Procedures, and shall implement purchasing procedures developed to maximize competition, given the size and duration of the contract, and the needs of the Medical Center. Such procedures may include special provisions for procurements such as emergency procurements, sole source procurements, brand name procurements, small purchases, procurements in which only one qualified vendor responds, and others.

8 VAC-85-10-160. Approval and Public Notice of Procurements.

The Procedures shall provide for approval of solicitation documents by an authorized individual and for reasonable public notice of procurements, given the size and nature of the need and the applicability of any Virginia Freedom of Information Act exemption.

8 VAC-85-10-170. Administration of Contracts.

The Procedures shall contain provisions related to the administration of contracts, including contract claims, modifications, extensions and assignments.

8 VAC-85-10-180. Non-Discrimination.

The Procedures shall prohibit employment discrimination by vendors, firms and contractors, shall provide for a non-discriminatory procurement process and shall include appropriate provisions for involvement of minority and disadvantaged business enterprises.