RD104 - Report of the Public Body Procurement Workgroup on the Virginia Public Procurement Act Process for Competitive Negotiation; Exceptions to Contractual Terms and Conditions (SB 912) – November 1, 2023

  • Published: 2024
  • Author: Department of General Services
  • Enabling Authority: Rules of the Senate of Virginia 20 (o) (2024)

Executive Summary:

During the 2023 General Assembly session the Senate Finance and Appropriations Committee voted to pass-by indefinitely SB 912 patroned by Senator Frank Ruff and refer it to the Department of General Services' (DGS') Public Body Procurement Workgroup (Workgroup) for study. The Workgroup was directed to study SB 912, which would prohibit public bodies when conducting information technology procurements from requiring offerors to state in their proposal any exceptions to any contractual terms and conditions, including any liability provisions contained in the request for proposals. The letter directing the study of SB 912 set a deadline of November 1, 2023, for the Workgroup to submit a report with its findings and recommendations to the co-chairs of the Senate Committee on Finance and Appropriations and Senator Ruff.

In response to this directive, stakeholders were identified, and three Workgroup meetings were held at which SB 912 was discussed. This report summarizes the information presented to the Workgroup by stakeholders and subject matter experts and the Workgroup’s findings and recommendations.