Section 120. Adoption and effective dates of implementing procedures and interim implementing procedures

A. The president, acting through the executive vice president in consultation with the Vice President and Provost for Health Sciences, shall adopt a comprehensive set of specific procurement procedures (the "procedures"), which implement applicable provisions of law and these guidelines. The procedures (i) shall include the delegation of procurement authority to appropriate university officials who will oversee university purchases on behalf of the Medical Center of goods; services, including professional services; and construction, including a grant of authority to such officials to engage in further delegation of authority as the president deems appropriate, and (ii) shall be consistent with and implement the requirements of these guidelines and the provisions of § 23-77.4 of the Code of Virginia.

B. These guidelines shall be effective July 1, 1996, and, as of their effective date, shall be applicable to all procurements undertaken by the university on behalf of the Medical Center for goods; services, including professional services; and construction. Existing contracts may continue to be used after that date. Since, however, the procedures are not anticipated to be developed and adopted prior to July 1, 1996, interim procedures to implement these guidelines are needed. Therefore, by July 1, 1996, and until 30 days following the submission of the procedures to the Board of Visitors, the president or his designee shall implement these guidelines by adopting, on an interim basis, procurement procedures that (i) incorporate with any necessary modification the Commonwealth of Virginia Purchasing Manual for Institutions of Higher Education and Their Vendors (the "Purchasing Manual") for all procurements of goods and services other than construction and construction-related professional services and (ii) incorporate the provisions of the Virginia Public Procurement Act, § 11-35 et seq. of the Code of Virginia (but not the policies or procedures of any other state agency administering the Virginia Public Procurement Act) for all procurements of construction and construction-related professional services. Thus, on an interim basis, the university will continue to act on behalf of the Medical Center pursuant to the Purchasing Manual for purchases other than capital outlay. The provisions of the Virginia Public Procurement Act incorporated by reference into the interim implementing procedures will apply to procurements related to capital outlay (i.e., construction and capital outlay-related professional services).

C. The interim implementing procurement procedures shall remain in effect until the expiration of 30 days following submission of the procedures to the Board of Visitors. After that date (i) the Purchasing Manual and the Virginia Public Procurement Act provisions incorporated herein by reference shall no longer apply other than as set forth in these guidelines and (ii) these guidelines shall apply as implemented by the procedures to all procurements by the university on behalf of the Medical Center for goods; services, including professional services; and construction.

Historical Notes

Derived from Volume 12, Issue 21, eff. July 1, 1996.

Statutory Authority

§ 23-77.4 of the Code of the Virginia (Chapters 933 and 995 of 1996 Virginia Acts of Assembly).