CHAPTER 360
An Act to amend and reenact §53.1-48 of the Code of Virginia,
relating to correctional enterprises; exemption from mandatory purchase
provisions.
[H 263]
Approved March 23, 2012
Be it enacted by the General Assembly of Virginia:
1. That §53.1-48 of the Code of Virginia is amended
and reenacted as follows:
§53.1-48. Exceptions as to purchases.
The Director of the Division of Purchases and Supply may
exempt a A department, institution or agency of the Commonwealth may
be granted an exemption from the provisions of §53.1-47 with the
consent of both the Director of the Division of Purchases and Supply and the
Chief Executive Officer of the Virginia Correctional Enterprises Program in
any case where, in the opinion of the Director, (i) the article
so produced or manufactured does not meet the reasonable requirements of
such the department, institution or agency, (ii) an identical
article can be obtained at a verified lesser cost from the private sector,
which is evidenced by a verified request for pricing, or (iii) the
requisition made cannot be complied with on account of an insufficient supply
of the articles or supplies required, or otherwise. In any case where an
exemption from the provisions of §53.1-47 is granted as provided in this
section, the Director of Purchases and Supply grants an exemption from
the provisions of § 53.1-47, he and the Chief Executive Officer
of the Virginia Correctional Enterprises Program shall submit a written
justification for the exemption to the Director of the Department of
Corrections and the Director of the Department of General Services.
2. That on or before November 30, 2012, the Director of
the Department of General Services and the Director of the Department of
Corrections shall report to the Governor and the General Assembly on the impact
of the implementation of the provisions of this act, including any cost savings
to the Commonwealth, any efficiencies realized, and the impact on prisoner
re-entry and safety in correctional institutions. The Departments may include
in the report recommendations for improvement of the process that is the
subject of this act.
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