CODE OF VIRGINIA

COMMERCIAL ACTIVITIES LIST; PUBLICATION OF NOTICE; OPPORTUNITY TO COMMENT (§
2.2-614.4)

A. As used in this section, unless the context requires a different
meaning:”Commercial activities list” means the list developed by the
Department of Planning and Budget in accordance with §
2.2-1501.1.”Governmental agency” means any authority, board,
department, instrumentality, institution, agency, or other unit of state
government and any county, city, or town or local or regional governmental
authority.

B. Any state governmental agency that intends to purchase services for an amount
over $ 25,000 from another governmental agency, which service is found on the
commercial activities list, shall post notice on the Department of General
Services’ central electronic procurement system under the “Future
Procurement” listing.

C. Any local governmental agency that intends to purchase services for an amount
over $ 25,000 from another governmental agency, which service is found on the
commercial activities list, shall post notice on its public government website
where all public notices for procurement opportunities are located or on the
Department of General Services’ central electronic procurement system
under the “Future Procurement” listing.

D. In addition to the notice requirement in subsection C, any such governmental
agency shall provide the opportunity for comment by or the submission of
information from the private sector on each such intended purchase.

E. Any state governmental agency that purchases goods or services from another
governmental agency, including those found on the commercial activities list,
shall place the purchase orders for such goods and services on the Department of
General Services’ central electronic procurement system. Institutions of
higher education authorized in accordance with the Restructured Higher Education
Financial and Administrative Operations Act (§ 23.38.88 et seq.) shall provide
government-to-government purchase order data through interface or integration
with the Department of General Services’ central electronic procurement
system. The Department of General Services shall publish on its central
electronic procurement system website a government-to-government transaction
transparency report.

E. Any state governmental agency that purchases goods or services from another
governmental agency, including those found on the commercial activities list,
shall place the purchase orders for such goods and services on the Department of
General Services’ central electronic procurement system. Institutions of
higher education authorized in accordance with the Restructured Higher Education
Financial and Administrative Operations Act (§ 23.1-1000 et seq.) shall provide
government-to-government purchase order data through interface or integration
with the Department of General Services’ central electronic procurement
system. The Department of General Services shall publish on its central
electronic procurement system website a government- to-government transaction
transparency report.

F. The provisions of this section shall not apply to mandatory purchases
pursuant to § 53.1-47 or contracts specifically exempted pursuant to Article 3
(§ 2.2-4343 et seq.) of the Virginia Public Procurement Act.

G. The provisions of subsections B and C shall not apply to services provided by
central service state agencies, activities operated as an internal service fund
of the Commonwealth, or purchases from public institutions of higher education.

HISTORY: 2015, c. 736; 2016, c. 680.