University of Virginia Library

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Richmond 23219
James S. Gilmore, III
Attorney General
900 East Main Street
Richmond, Virginia 23219
804 - 786 - 2071
804 - 371 - 8946 TDD
May 7, 1996

Ms. Jane Chaffin

Assistant Registrar

Virginia Code Commission

Registrar of Regulations

910 Capitol Street, 2nd Floor

Richmond, Virginia 23219

Re: Proposed Medical Center Procurement Guidelines

Dear Ms. Chaffin:

The University of Virginia is filing with the Registrar of Regulations, for publication in the Virginia Register under Va. Code § 9-6.14:22, procurement guidelines for the University of Virginia Medical Center; this letter forms a part of the submission packet for these proposed regulations. The University has statutory authority to promulgate these regulations under Chapters 995 and 933 of the 1996 Acts of the Virginia General Assembly, which exempts contracts awarded by the University of Virginia on behalf of its Medical Center from the State's procurement laws, provided that the University's Board of Directors adopts procurement guidelines that are based on competitive principles, seek competition to the highest degree, and address certain other specific concerns set out in the statute. The proposed guidelines to be filed by the University comply with these requirements, and thus the University's Board of Visitors has statutory authority to promulgate them.

The guidelines promulgated by the University's Board of Visitors are exempt from the Administrative Process Act under Va. Code § 9-6.14:4.1(A)(6), which exempts regulations of educational institutions operated by the Commonwealth, provided that they publish any regulations that do not concern academic, faculty or student affairs in the Virginia Register as required by § 9-6.14:22. Since these procurement guidelines do not concern academic, faculty or student affairs, we have advised the University to seek publication.

Please call me if you have any questions.