Chap. 178.—An ACT to amend and re-enact Sections 383, 384, 401-b, 401-e and
401-j of the Code of Virginia, relating to awarding contracts for printing and
for paper, centralized purchasing, competitive bidding, disposition of moneys
collected and other matters pertaining to the functions of the Division of Pur-
chase and Printing. [H 195]

Approved March 10, 1944

Be it enacted by the General Assembly of Virginia :

1. That sections three hundred eighty-three, three hundred eighty-
four, four hundred one-b, four hundred one-e and four hundred one-j of
the Code of Virginia, be amended and re-enacted, as follows:

Section 383. How contracts for printing awarded; appeal from
award.—(a) The Director of the Division of Purchase and Printing
shall have done all the printing, binding, ruling, lithographing, and en-
graving required by any department, division, institution, officer or agency
of the State, and authorized by law to be done, or required in the execu-
tion of any law, and the work is to be executed upon competitive bids
if practicable. Awards shall be made to the lowest responsible bidder,
having due regard to the facilities and experience possessed by each

idder.

(b) He shall give notice of the time and place of such bidding either
by newspaper publication or otherwise; he shall provide schedules or
blanks, stating clearly and distinctly the kind and character of the work
to be done, upon which bids will be required to be submitted, which bids
shall be opened at the time specified in the presence of such bidders as
see fit to attend. He may let out the work either upon annual contracts
or for separate items as the best interests of the Commonwealth require,
in all cases reserving the right to reject any and all bids. He shall also
fix such time for the delivery of the work as to him seems reasonable.
He may, in his judgment, require the party undertaking to do the work,
or any part of it, to enter into a written contract, stating distinctly the
terms thereof, embracing the prices to be paid for composition, press-
work, folding, stitching, ruling, binding, and all other items in detail.
He shall provide in such contract that the printing is to be executed ina
close and compact form, without unnecessary title pages, or useless blank
pages. He may in his discretion require the person or persons making
the contract to enter into bond with condition for the faithful perform-
ance and execution thereof: and in event the work so contracted for be
not completed within the time specified therein, he shall deduct and retain
from such contract price such per centum thereof for each day or week
that such work is delayed, as he deems proper. The bond required to
be given shall be with security approved by the Director and a penalty
equal to not less than one third of the contract price for the work to be
done. The form of the bond shall he approved by the Attorney General.
No person shall be accepted as stich surety who is directly or indirectly
interested in anv contract with the Commonwealth. All such contracts
and bonds shall be made in duplicate ; the original bond shall be filed in
the office of the Director of the Division of Purchase and Printing, and
the duplicate furnished the contractor.
(c) Any bidder feeling himself aggrieved by an award made by
the Director may appeal to a board composed of the Attorney General.
the Comptroller, and the Director of the Budget, which shall hear and
determine the matters in the appeal; but notice of such appeal must be
given the Director, in writing, within ten days from the date of the
award appealed from.

Section 384. How contracts for paper awarded ; appeal from award.
—The Director of the Division of Purchase and Printing shall purchase.
upon competitive bids if practicable, and in such cases, from the lowest
responsible bidder, quality and price considered, after like advertise-
ment as that prescribed 1n the preceding section, the paper required for
the printing and binding let out by him, and may purchase the same at
such times and in such quantities as he deems proper, and furnish the
same to the contractors for the printing, binding, and ruling as is needed.
The accounts for the purchase of paper, certified by him to be correct,
shall be presented to the Comptroller, who shall grant a warrant there-
for on the treasury. All contracts in relation to the paper shall be sub-
ject to and regulated by the provisions of the preceding section in rela-
tion to the contracts for public printing, and all appeals from decisions
of the Director shall be heard and determined as are appeals in relation
to the public printing and binding.

Section 401-b. Centralized purchasing ; competitive bidding; execu-
tion of contracts—(a) Except as hereinafter provided, every depart-
ment, division, institution, officer and agency of the State, hereinafter
called the using agency, shall purchase through the Director of the Divi-
sion of Purchase and Printing all materials, equipment and supplies of
every description, the whole or a part of the costs whereof is to be paid
out of the State treasury ; it shall be the duty of the said Director to make
such purchases in conformity with this chapter.

(b) The Director of the Division of Purchase and Printing shall
prescribe and enforce rules and regulations under which estimates of
the needs of the using agencies shall be submitted and requisitions made,
and under which contracts for purchases may be made. Estimates of
the amount and quality of materials, equipment and supplies needed
by the using agencies shall be submitted at such periods as may be pre-
scribed by the Director.

(c) The Director shall, when the amount of materials, equipment
and supplies needed exceeds one thousand dollars, and in all other cases
may, if practicable to secure competitive bids, advertise for bids on State
purchases in such manner and for such lengths of time as he may deter-
mine. When purchases are made through competitive bidding, the con-
tract shall be let to the lowest responsible bidder, taking into considera-
tion to qualities of the articles proposed to be supplied, their conformity
with specifications, the purposes for which required, and the times of
delivery. Bids shall be received only in accordance with standards and
standard specifications, if any, adopted by the Director. All bids may
be rejected. Each bid with the name of the bidder shall be entered of
record, and each record, with the successful bid indicated, shall, after
the letting of the contract, be open to public inspection. When any bid
has been accepted, the Director may, in his discretion, require of the
successful bidder a bond payable to the Commonwealth with good and
sufhcient surety, in the sum of not less than one-third of the amount
of the bid, conditioned that he will fully, faithfully and accurately execute
the terms of the contract into which he has entered. The bond shall be
filed in the office of the Director. All contracts entered into by the Direc-
tor shall be executed in the name of the Commonwealth of Virginia by
him as Director of the Division of Purchase and Printing.

(d) The Director may purchase from the United States Govern-
ment or any of its agencies any surplus or other materials, supplies or
equipment which may be offered for sale and needed by any of the
agencies of the State when, in his judgment, such purchases may be
made to the advantage of the State. Such materials, supplies, and equip-
ment may be purchased for storage and subsequent distribution, or, for
immediate distribution to the agencies of the State, to the extent of the
amount of funds available for such purpose.

He may also accept by gift or transfer any materials, supplies or
equipment which may be made available to the State by the United States
Government or any of its agencies for use by agencies of the State.

Section 401-e. Exceptions to centralized purchasing.—(a) Unless
otherwise ordered by the Governor, the purchasing of materials, equip-
ment and supplies through the Director of the Division of Purchase and
Printing is not mandatory in the following cases: (1) Telephone and
telegraph service, and electric light and power service, and such ma-
terials, equipment and supplies as are incident to the performance of a
contract for labor or for labor and material; (2) Technical instruments
and supplies, and technical books and other printed matter on technical
subjects; also manuscripts, maps, books, pamphlets and periodicals pur-
chased for the use of the Virginia State Library or any other library
in the State supported in whole or in part by the State appropriation,
but no instrument, supply, equipment or other commodity shall be con-
sidered technical unless so classified by the Division of Purchase and
Printing; (3) Perishable articles, such as fresh vegetables, fresh fish.
eggs, and milk, provided that no other article shall be considered perish-
able within the meaning of this clause, unless so classified by the Divi-
sion of Purchase and Printing; (4) Emergency purchases for immediate
delivery to meet exigencies arising from unforeseen causes, including de-
lays by contractors, delays in transportation and an unforeseen volume
of work in the department affected, providing the consent of the Director
of the Division of Purchase and Printing is secured; (5) Automobile
license number plates; (6) Materials, equipment and supplies needed
hv the State Highway Commission; (7) Materials, equipment and sup-
plies needed by the Virginia Alcoholic Beverage Control Board; ( 8)
Any purchases by a State institution of materials, equipment and supplies,
not in excess of one hundred dollars, provided such purchase is not part
of a larger purchase which has been divided for the express purpose of
coming within the provisions of this exception. —

(b) The provisions of this chapter relating to purchases and to
purchasing shall not apply either to the purchasing by the Virginia Alco-
1olic Beverage Control Board of alcoholic beverages, as defined in the
Alcoholic Beverage Control Act, or to the making of leases and tht
ourchasing of real estate by the Virginia Alcoholic Beverage Contro
Board ; such alcoholic beverages and such real estate shall be purchased
ind such leases shall be made, in accordance with the provisions of the
Alcoholic Beverage Control Act. ]

Section 401-j. Payment of moneys into State treasury.—Except a:
otherwise provided in section three hundred ninety-eight, all moneys col.
lected by the Director of the Division of Purchase-and Printing shall be
paid promptly into the State treasury and reported to the State Comp
troller for appropriate credit in the accounts of his office.