54.1-832 - Director authorized to contract for certain services; award of contract; authority when no contract is in effect. - Virginia Statutes

§ 54.1-832. Director authorized to contract for certain services; award ofcontract; authority when no contract is in effect.

A. The Director may contract with a private person, firm, corporation orassociation to provide any or all of the following services on behalf of theDepartment: examining and recommending licensure, investigating and ensuringthat events are conducted in compliance with statutes and regulations,performing clerical duties, collecting fees, maintaining records, developingproposed regulations in accordance with Article 2 (§ 2.2-4006 et seq.) of theAdministrative Process Act, and recommending enforcement actions inaccordance with Article 3 (§ 2.2-4018 et seq.) of the Administrative ProcessAct.

B. The Director shall procure any or all of such services in accordance withthe provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.).Prior to the award of such contract, a proposer shall demonstrate, to thesatisfaction of the Director:

1. Personnel and financial resources necessary to carry out the provisions ofthe contract;

2. Adequate indemnification to protect the Commonwealth and its agencies andinstrumentalities from all claims and losses incurred as a result of thecontract;

3. Compliance with all applicable federal, state, and local laws;

4. Ability to develop, implement, and maintain the internal operationsnecessary to carry out the provisions of the contract; and

5. Ability to meet any other qualifications the Director deems appropriate inthe procurement process.

C. Any contract awarded in accordance with this section shall not exceed athree-year term, but may be renewed annually upon the approval of theDirector. The Director shall be the signatory to the contract on behalf ofthe Commonwealth.

D. Nothing herein is intended to deprive the contractor or the Commonwealthof the benefits of any law limiting exposure to liability or setting a limiton damages.

E. Nothing herein is intended to deprive the Director of his authority tocarry out the requirements of this chapter when no contract is in effect.

(1998, c. 895.)