Chap. 392.—An ACT to provide for the centralized purchasing of{all materials,
equipment, and supplies of every description, the whole or a part of the costs
eheceol is to be paid out of the State treasury, with certain exceptions; to
continue the State purchasing commission, heretofore created, and the State
purchasing agent, heretofore designated, and to prescribe the powers and
duties of the said commission and agent; to prescribe penalties; to establish
an advisory standardization board; and to repeal an act entitled an act to
create a State purchasing commission, to provide for and designate a State
purchasing agent, and to prescribe the powers and duties of the said purchasin
commission and purchasing agent, approved March 15, 1920. SB of

Approved March 20, 1924.

1. Be it enacted by the general assembly of Virginia as follows:

Section 1. The State purchasing commission heretofore created,
composed of the governor, treasurer, and auditor of public accounts, is
continued. The governor shall be chairman of the commission, and the
commissioner of State hospitals, who has been heretofore, and who is
hereby, designated State purchasing agent, shall be and act as secretary
of the commission, but shall not be a member thereof. The members
of the commission shall receive no additional compensation for serving
thereon, but the State purchasing agent shall receive such compensation,
for performing the duties imposed on him by this act, as may be appro-
priated by law for the purpose. The State purchasing agent shall be
under the supervision and control of the State purchasing commission,
and the commission is hereby authorized and directed to prescribe such
rules and regulations, not in conflict with this act, as may be necessary
to insure the proper and efficient performance by the State purchasing
agent of the duties required of him, either by this act, or by the com-
mission acting under the authority hereby conferred. He shall enter
into bond, as State purchasing agent, in the penalty of fifteen thousand
dollars, with security to be approved, and the bond to be conditioned
payable, filed and recorded as bonds of other State officers are approved,
conditioned, payable, filed and recorded. The premiums on the bond
shall be paid out of the sums appropriated for carrying out this act.

Section 2. The State purchasing agent, with the approval of the
State purchasing commission, may employ such assistants as may be
necessary to enable him to discharge his duties, and may fix their com-
pensation, but the compensation shall not exceed that authorized in
the biennial appropriation act or other act of assembly.

Section 3. Neither the State purchasing agent, nor any assistant of

his, shall be financially interested, or have any personal beneficial in-
terest, either directly or indirectly, in the purchase of any materials,
equipment or supplies under this act, nor in any firm, corporation,
partnership or association furnishing any such materials, equipment
and supplies; nor shall such agent or assistant accept or receive, directly
or indirectly, from any person, firm or corporation to whom any contract
may be awarded, by rebate, gift, or otherwise, any money or other thing
of value whatsoever, or any promise, obligation or contract for future
reward or compensation. Any violation of this section shall be punish-
able by confinement in the State penitentiary for a term of not exceed-
ing five years, or confinement in jail not exceeding twelve months or
by fine not exceeding one thousand dollars, either or both in the dis-
cretion of the court trying the case.

Section 4. Except as hereinafter provided, every State officer, board,
commission and institution, hereinafter called the using agency, shall,
from and after July first, nineteen hundred and twenty-four, purchase
through the State purchasing agent all materials, equipment and sup-
plies of every description, the whole or a part of the costs whereof is
to be paid out of the State treasury; and, under the supervision and con-
trol of the State purchasing commission, and in conformity with this
act, it shall be the duty of the State purchasing agent to make such
purchases.

. The State purchasing commission 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 prescribed by the commission.

The State purchasing agent shall, when the amount of materials,
equipment and supplies needed exceeds one thousand dollars, and in all
other cases may advertise for bids on State purchases in such manner
and for such lengths of time as may be approved by the State purchasing
commission. When purchases are made through competitive bidding,
the contract shall be let to the lowest responsible bidder, taking into
consideration the 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 State
purchasing commission. 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 bids shall have been accepted, the
State purchasing agent may, in his discretion, require of the successful
bidder a bond payable to the Commonwealth, with good and sufficient
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 secretary of the Commonwealth. All contracts entered
into by the State purchasing agent shall be executed in the name of the
Commonwealth of Virginia by him as State purchasing agent.

Section 5. So far as practicable, all materials, equipment and supplies,
the purchase of which through the State purchasing agent is made
mandatory, shall be standardized by the State purchasing commission,
and no variation shall be allowed from an established standard without
the written approval of the commission. Such standards shall be de-
termined upon the needs of all using agencies, so far as their needs are
in common, and for groups of using agencies or single using agencies
so far as their needs differ. Where changes or alteration in equipment
are necessary in order to permit the application of any standard, such
changes and alterations shall be made as rapidly as possible.

And in order best to carry out the provisions of this section, there
shall be established an adviscry standardization board, consisting of
the State purchasing agent as its head and such representatives (not
exceeding nine) of the several institutions, offices and commissions af-
fected by this act as shall be designated by the governor. The repre-
sentatives so designated may be removed by the governor at his pleasure
and others appointed in their stead. Said board skall consider and ad-
vise as to the needs of the various State activities and how far they can
be reasonably harmonized and covered by standard specifications.

Section 6. The State purchasing commission shall have power, by
general rule or special order, to permit purchases of any material, equip-
ment or supplies whatsoever, to be made by any using agency directly,
and not through the State purchasing agent, whenever it shall appear to
the satisfaction of the commission that by reason of the excess trans-
portation costs, a lower price with equal quality can be obtained by the
using agency, or for any other reason, which, in the judgment of the
commission, warrants such exception. The commission shall give pref-
erence to State and local communities when materials, equipment and
suppiles can be purchased at the same price for the same quality as else-
where.

But it is expressly provided that the purchasing of materials, equip-
ment and supplies through the State purchasing agent is not mandatory
in the following cases:

First. Telephone and telegraph service, and electric light and
power service, and such materials, equipment and supplies as are inci-
dent to the performances of a contract for labor or for labor and material.

Second. Technical instruments and supplies, and technical books
and other printed matter on technical subjects: also manuscripts, maps,
books, pamphlets and periodicals purchased 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.

Third. Perishable articles, such as fresh vegetables, fresh fish, eggs,
and milk; provided, that no other article shall be considered perishable
within the meaning of this clause unless so classified by the State pur-
chasing commission.

Fourth. Emergency purchases for immediate delivery to meet ex-
igencies arising from unforeseen causes, including delays by contractors,
delays in transportation and an unforeseen volume of work in the de-
partment affected.

Fifth. Automobile license number plates.

Sixth. Materials, equipment and supplies needed by the State
highway commission.

The several State institutions in the purchase of all materials and
supplies in excess of one hundred dollars shall be subject to the provi-
sions of this act as follows:

Provided, however, that the institution may submit bids together
with samples from local concerns under the same rules and regulations
as promulgated by the State purchasing commission for the submission
of other competitive bids, and should the same be of equal value, grade,
quality and price, then the State purchasing agent shall accept said
local bids.

Nothing in this act contained shall be construed as intending to
alter or repeal existing laws concerning the public printing and binding.

Section 7. In case any controversy should arise between the State
purchasing commission, or the State purchasing agent, and any using
agency, involving the proper interpretation of this act, the State pur-
chasing commission or the State purchasing agent, as the case may be,
or the using agency, may require the written opinion of the attorney
general thereon, which opinion shall be binding upon the parties to the
‘controversy.

No voucher, certificate, or warrant issued on the auditor of public
accounts by any using agency shall be questioned by him or the State
treasurer on the ground that this act has not been complied with by such
using agency; but intentional violations of this act by any using agency,
continued after notice from the governor to desist, shall constitute mal-
feasance in office, and shall subject the officer or officers responsible
for such violations, to suspension or removal from office, as may be pro-
vided by law in other cases of malfeasance.

Section 8. All purchases made by or through the State purchasing
agent shall be paid for in the same manner and out of the same funds
ag if the purchase had not been made by or through him, but in every
ease in which he makes a purchase, a duplicate invoice for the goods
shall be sent to him for his examination and files.

Section 9. It shall be the duty of the State purchasing commission to
make a biennial report to the general assembly at each regular session,
which report shall outline the work done by it and the State purchasing
agent during the years for which the report is made, and shall also con-
tain such information relating to the operation of this act, or recom-
mendations as to amendments, as may seem conducive to the public
interests. All proceedings, records, contracts and orders of the State
purchasing commission and the State purchasing agent shall be
public records, open to the inspection of any citizen, or any interested
person, firm or corporation, at all reasonable hours.

Section 10. An act entitled an act to create a State purchasing com-
mission, to provide for and designate a State purchasing agent, and to
prescribe the powers and duties of the said purchasing commission and
purchasing agent, approved March fifteenth, nineteen hundred .and
twenty, is hereby repealed.