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

1. seeking competition to the maximum practical degree, taking into account the size of the anticipated procurement the term of the resulting contract and the likely extent of competition;

2. conducting all procurements in a fair and impartial manner and avoiding any impropriety or the appearance of any impropriety;

3. making procurement rules clear in advance of any competition;

4. giving access to the Medical Center's business to all qualified vendors, firms and contractors, with no potential bidder or offeror excluded arbitrarily or capriciously, while allowing the flexibility to engage in cooperative procurements and to meet special needs of the Medical Center;

5. ensuring that specifications for purchases are fairly drawn so as not to favor unduly a particular vendor; and

6. providing for the free exchange of information between the Medical Center, the remainder of the University, and vendors, firms or contractors concerning the goods, services or construction sought and offered, while preserving the confidentiality of proprietary information.

8 VAC-85-10-60. Access to Records.

Purchasing and procurement records shall be available to citizens or to interested persons, firms or corporations in accordance with the provisions of the Virginia Freedom of Information Act, §2.1-340 et seq., and §11-52 of the Code of Virginia, except those records exempt from disclosure pursuant to §2.1-342(B)(62) or other sections of the Virginia Freedom of Information Act.

8 VAC-85-10-70. Training; Ethics in Contracting.

The President or his designee shall take all necessary and reasonable steps to assure (i) that all Medical Center and other University officials responsible for and engaged in procurements authorized by the enabling legislation and these guidelines are

knowledgeable regarding the requirements of the enabling legislation, these guidelines and §§11-72 through 11-80 of the Code of Virginia (Ethics in Public Contracting), (ii) that only officials authorized by these guidelines and any procedures adopted by the President or his designee to implement these guidelines are responsible for and engaged in such procurements, and (iii) that compliance with the enabling legislation and these guidelines is achieved.

8 VAC-85-10-80. Procurements May Serve Medical Center and Other University Needs.

To the extent it is economically beneficial and lawful to do so, and in conformity with these guidelines, the Medical Center is encouraged to participate with other units of the University in the joint procurement of goods and services.

8 VAC-85-10-90. Cooperative Procurements and Alliances.

The University on behalf of the Medical Center may participate in cooperative procurements with other educational institutions, charitable organizations, health care provider alliances and purchasing organizations where the purposes of these guidelines will be furthered.

8 VAC-85-10-100. Exemption for Contracts Entered into Pursuant to §23-77.3 of the Code of Virginia.

Upon a finding in writing by the Vice President and Provost for Health Sciences or his designee that a proposed contract falls within the provisions of §23-77.3 of the Code of Virginia the Medical Center may enter into the contracts and ventures authorized by that section without competition. Such contracts and ventures, however, still shall be subject to approval of the President and the Board of Visitors.

8 VAC-85-10-110. Code of Virginia Provisions Still Applicable to Medical Center Procurements.

In implementing the authority conferred by these guidelines, the personnel administering any procurement shall adhere to the following provisions of the Virginia Public Procurement Act. including any amendments thereto; §11-49 (use of brand names); §11-51 (prohibiting employment discrimination by contractors); §11-52 (public inspection of certain records) (this section shall not be construed to require compliance with the prequalification application procedures of subsection B of §11-46); §11-54 (withdrawal of bids due to error); §11-56 through §11-61 (provisions dealing with construction contracts and payment and performance bonds on such contracts); and §§11-72 through 11-80 (Ethics in Public Contracting). University personnel also are advised

that other provisions of law, including the State and Local Government Conflict of Interests Act. §2.1-639.1 et seq. of the Code of Virginia, and the Virginia Governmental Frauds Act, §18.2-498.1 et seq. of the Code of Virginia, continue to apply to all procurements.