Board of Visitors minutes :: June 14, 1996 :: University of Virginia Library

A. Chapters 995 and 933 of the 1996 Virginia Acts of Assembly (House Bill No. 884 and Senate Bill No. 389, respectively) provide that contracts awarded by the University of Virginia on behalf of the University of Virginia Medical Center for the procurement of goods, services, including professional services, and construction shall be exempt from the procurement laws of the Commonwealth, provided that the Board of Visitors of the University adopts guidelines that are generally applicable to such procurements by the Medical Center or by the University on behalf of the Medical Center. The guidelines are to be based upon competitive principles, include certain specific principles and practices enumerated in the enabling legislation and, in each instance, seek competition to the maximum practical degree.

B. The enabling legislation exempts such procurements and contracts from the Virginia Public Procurement Act. §11-35 et seq, of the Code of Virginia, except that the following provisions of that Act continue to apply; §§11-49, 11-51, 11-52 (which section shall not be construed to require compliance with the prequalification application procedures of subsection B of §11-46), 11-54, 11-56 through 11-61, and 11-72 through 11-80. The enabling legislation also exempts such procurements and contracts from Article 3 (§2.1-435 et seq.) of Chapter 32 of Title 2.1 of the Code of Virginia, regarding the duties and responsibilities of the Division of Purchases and Supply of the Virginia Department of General Services and from Article 5 (§2.1-480 et seq.) of Chapter 32 of Title 2.1 of the Code of Virginia regarding the review and approval by the Division of Engineering and Buildings of the Virginia Department of General Services of contracts for the construction of Medical Center capital projects.

C. The provisions of this policy statement set forth below constitute the adopted Board of Visitors procurement guidelines required by the enabling legislation regarding contracts awarded by the University on behalf of the Medical Center.

8 VAC 85-10-30. Continued Applicability of Other Board of Visitors' Policies Affecting Procurements and Capital Projects.

These guidelines and any procedures adopted by the President or his designee to implement these guidelines shall continue to be subject to (i) any other policies adopted by the Board of Visitors affecting procurements at the University, including policies regarding the nature and amounts of procurements which may be undertaken without the approval of the Board of Visitors, or of the President or his designee, and (ii) with regard to the procurement of construction and construction-related professional services, any other policies adopted by the Board of Visitors affecting capital projects. Should the new Procedures conflict with existing policies of the Board, the existing policies shall control. 8 VAC-85-10-40. Scope and Purpose of Medical Center Procurement Guidelines.

The guidelines contained in this policy statement apply to contracts awarded by the University on behalf of the Medical Center for the procurement of goods, services, including professional services, and construction. It shall be the policy of the University that Medical Center procurements conducted by the University result in the purchase of high quality goods, services and construction at reasonable prices, and that the Medical Center be free, to the maximum extent permitted by law and these guidelines, from

constraining regulations which hinder the ability of the Medical Center to do business in a competitive environment. These guidelines shall apply to all procurements undertaken by the University on behalf of the Medical Center, regardless of the source of funds.