Chap. 168.—An ACT to revise, consolidate, amend and codify into a single chap-
er of the Code of Virginia the laws of Virginia relating to public printing
and centralized purchasing; to that end to repeal chapter 25 and sections
379 to 401, both inclusive, of the Code of Virginia, relating to public printing;
o amend the Code of Virginia by adding thereto and inserting therein in
jeu of the said chapter and sections so repealed, a new chapter numbered
wenty-five and 40 new sections numbered sections 379 to 401, both inclusive,
ind 401-a to 401-q, both inclusive, of the Code of Virginia, relating to public
rinting and centralized purchasing; to repeal chapter 392 of the Acts of the
xeneral Assembly of 1924, relating to centralized purchasing; and to repeal
ll acts and parts of acts inconsistent with this act to the extent of such
nconsistency. [H B 22]

Approved March 17, 1938

Be it enacted by the General Assembly of Virginia, That chap-
wenty-five, and sections three hundred and seventy-nine to four
red and one, both inclusive, of the Code of Virginia, as amended,
nd the same are hereby, repealed.

Be it further enacted by the General Assembly of Virginia,
the Code of Virginia be amended by adding thereto and insert-
herein in lieu of the chapter and sections herein repealed, a new
‘er numbered chapter twenty-five, and forty new sections num-
| three hundred and seventy-nine to four hundred and one, both
sive, and four hundred and one-a to four hundred and one-q,
inclusive, of the Code of Virginia, which new chapter and new
yns shall read as follows:
CHAPIN 200

Public Printing and Centralized Purchasing

Section 379. Division of Purchase and Printing continued; ap-
ointment and qualification of Director; compensation.—The Division
sf Purchase and Printing, in the Department of Finance, is hereby
-ontinued under the supervision and control of a director appointed
by the Governor, subject to coiifirmation by the General Assembly if
t session when such appointment is made, and if not in session, then
at its next succeeding session. The Director shall hold his office at
the pleasure of the Governor for a term coincident ‘with that of each
Governor making the appointment or until his successor shall be ap-
pointed and qualified. Vacancies shall be filled in the same manner
as original appointments are made. Before entering upon the dis-
charge of his duties, such director shall take an oath that he will
faithfully and honestly execute the duties of his office during his con-
tinuance therein, and he shall give bond in such penalty as may be
fixed by the Governor, conditioned upon the faithful discharge of
his duties, the premium on which bond shall be paid out of the State
treasury. Such director shall receive such annual compensation for
his services as may be appropriated by law for the purpose. (1927,
p. 103.)

Section 380. Assistants and other employees.—The Director of
the Division of Purchase and Printing may employ such assistants
and other persons as may be necessary to enable him to discharge his
duties, and may fix their compensation, but the compensation shall
not exceed that authorized in the biennial appropriation act or other
act of assembly. The officer or individual in charge of the public
printing shall be a practical printer and acquainted with the details
of the printing business. (Secs. 398, 400; 1924, p. 564; 1927, p.
111.) ,
Section 381. Interest in purchase of materials, et cetera, for-
bidden; penalty——Neither the Director of the Division of Purchase
and Printing, nor any assistant or employee of his, shall be financially
interested, or have any personal beneficial interest, either directly o1
indirectly, in contracts tor the printing, binding, ruling, advertising
lithographing, engraving, and so forth, let out by him, in any con.
tracts for paper or stationery purchased for the use of the State, ir
any profits arising therefrom, in the purchase of any materials, equip:
ment or supplies under this chapter, nor in any firm, corporation, part
nership or association furnishing any such services, materials, equip
ment and supplies; nor shall such director, assistant or employee
accept or receive, directly or indirectly, from any person, firm 0!
corporation to whom any contract may ‘be awarded, or from whon
any purchase may be made, by rebate, gift, or otherwise, any mone;
or other thing of value whatsoever, or any promise, obligation or con
tract for future reward or compensation. Any violation .of this sec
tion shall be punishable by confinement in the State penitentiary fo
a term of not exceeding. five years, or by confinement in jail not: ex-.
ceeding twelve months, or by fine not exceeding one thousand dollars,
or by both such confinement in jail and fine. (Sec. 380; 1924, p. 264;
1927, p. 111.) — a ae 7 oe. Sire , |
Section 382. Director, Division of Purchase and Printing to super-
vise public printing and binding; his responsibility for mechanical exe-
ctition of State printing——-The public printing and binding for the.
Commonwealth shall be under the supervision and control of the Direc-
tor of the Division of. Purchase and Printing, whose duties shall be
as prescribed by law. He shall be held responsible for the proper
mechanical execution of the State printing. (Code, Sec. 379; 1927,
pp. 111, 112.) : ,

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

‘(b) He shall give notice of the time and place of such bidding
either by newspaper publication or otherwise; he shall provide sched-
ules or blanks, stating clearly and distinctly the kind and character
of the work to be done, upon which bids will be required to be sub-
mitted, 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 may 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 may seem reasonable. He may, in his judgment, re-
quire the party undertaking to do the work, or any part of it, to
enter into a written contract, stating distinctly the terms of the same,
embracing the prices to be paid for composition, presswork, folding,
stitching, ruling, binding, and all other items in detail. He shall pro-
vide in such contract that the printing is to be executed in a close and
compact form, without unnecessary title pages, or useless blank pages.
He shall require the person or persons making such contract to enter
into bond with condition for the faithful performance and execution
of such contract; 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 may deem proper. The bond
shall be with security approved by the Director and a penalty equal
to the contract price for the work to be done, if a bonding or surety
company be given as surety, and double the amount of such contract
price in other cases. The form of the bond shall be approved by the
Attorney’ General. No person shall be accepted as such surety who
is directly or indirectly interested in any contract with the Common-
wealth. 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 said appeal; but notice of such appeal must
be given the Director, in writing, within ten days from the date of
the award appealed from. (Sec. 382.)

Section 384. How contracts for paper awarded; appeal from
award.—The Director of the Division of Purchase and Printing shall
purchase from the lowest responsible bidder, quality and price con-
sidered, after like advertisement as that prescribed in 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 may deem proper, and furnish the same to the contractors for
the printing, binding, and ruling as it may be 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 therefor on
the treasury. All contracts in relation to said paper shall be subject
to and regulated by the provisions of the preceding section in relation
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. (Sec. 383.)

Section 385. What printing, et cetera, must be done-—The Director
of the Division of Purchase and Printing shall supply all the depart-
ments, divisions, institutions, officers and agencies of the State with
such printing, lithographing, engraving, ruling, and binding as may be
required by them for the proper conduct of the business of the State.
He shall furnish such printing as may be ordered by either house of
the General Assembly, and shall also cause to be published in such
papers as may be ordered, proclamations and advertisements for the
officers enumerated above. It shall be the duty of the said departments,
divisions, institutions, officers and agencies to order all of their print-
ing, binding, ruling, lithographing, engraving, and advertising upon
requisition upon the Director of the Division of Purchase and Print-
ing, stating clearly and distinctly the description of the work, the
quantity, and the time delivery is desired. The Director of the Division
of Purchase and Printing shall furnish the various departments, divi-
sions, institutions, officers and agencies with the necessary blank
requisitions upon which orders for printing are to be made. (Sec. 384.)

Section 386. How bills, joint resolutions, etc., printed.—The Di-
rector of the Division of Purchase and Printing shall cause to be
printed in octavo form two hundred and fifty copies of every bill, joint
resolution, or other matter ordered to be printed for the use of the
Senate or House of Delegates, and intended for temporary use. In all
fugitive work, such as resolutions, joint resolutions, House or Senate
bills, making more than one page, there shall not be allowed on the
first page thereof, between the folio line and the heading “a bill’, or
“resolution”, or “joint resolution”, a space in excess of one-half inch.
In all book or pamphlet printing, except bills, there shall not be allowed
thicker leads than six-to-pica. In bills and resolutions the space be-
tween the lines shall not be greater than small pica slugs; where the
title to a “bill”, or “resolution” or “joint resolution”, is more than
one line, the spacing between lines in said title shall not be greater
than six-to-pica leads; but the Director shall have authority to increase
the number of copies of bills, and so forth, whenever it shall become
necessary to supply the demand. (Sec. 387.)

Section 387. Copies of bills, calendars, et cetera, to be furnished
on application—The Director of the Division of Purchase and Print-
ing shall furnish to such persons, firms, or corporations as may apply
therefor and pay the fees and costs prescribed in section three-hundred
and eighty-eight of the Code of Virginia copies of each bill printed
for the House of Delegates and the Senate, the calendar of each house,
and all joint resolutions, not exceeding one copy to any one person,
firm, or corporation. (Sec. 389.)

Section 388.—Fees and costs to be paid—For the services ren-
dered under section three hundred and eighty-seven of the Code of
Virginia the Director of the Division of Purchase and Printing shall
charge and collect in advance a fee of fifteen dollars for each session
of the General Assembly from each person, firm or corporation apply-
ing therefor; in addition to each such fee he shall also charge and
collect an amount necessary to cover the cost of mailing, if such bills,
calendars and resolutions are to be sent by mail. (Sec. 390.)

Section 389. To whom sections three hundred and eighty-seven
and three hundred and eighty-eight not applicable-—The provisions of
section three hundred and eighty-seven and three hundred and eighty-
eight shall not apply to any person or persons who may, from time
to time, at irregular intervals, apply for one or more copies of any
special or particular bill, nor to the officers of the State government,
heads of State institutions, members of the General Assembly, and
representatives of the press reporting the proceedings of the General
Assembly, desiring copies of the bills, journals, documents, etc., for
their own use. If such bills, calendars and resolutions are to be sent
by mail or express, the parties desiring the same shall pay an amount
necessary to cover the cost of mailing or expressing the same. (Sec.

392.)

Section 390. Acts of Assembly; printing and distribution—The
Director of the Division of Purchase and Printing shall cause to be
printed in octavo form, as soon as approved by the Governor, five
thousand five hundred copies of the acts and joint resolutions of the
General Assembly, and shall distribute them as follows: Two copies
to each member of the General Assembly, five copies to the clerk of
each house, one copy to each head of a department, six copies to the
Division of Statutory Research and Drafting, five copies to the Attorney
General, one copy to each judge, attorney ‘for. the Commonwealth, and
-to each clerk of a court of record:of this State, to the clerk of the
council of each city in this State, and five copies to the State Corporation
Commission, from time to time, as they are printed; the remainder
he shall have bound in ordinary half binding, with the index and tables
required by law to be printed with the acts and joint resolutions ‘of
the General Assembly, and as soon as practicable after the close of
each session of the General Assembly, shall deliver one copy to the
Governor, one copy to each head of department, ten copies for the
use of the Division of Statutory Research and Drafting plus the num-
ber required for exchange with other states; and forward by mail,
express, or otherwise, five copies to each member of the General
Assembly, two copies to every judge, five copies to the Corporation
Commission, five copies to the Attorney General, one copy to each
mayor, clerk of any court, attorney for the Commonwealth, sheriff,
sergeant, treasurer, commissioner of the revenue, justices having trial
jurisdiction, board of supervisors and school board; one copy to the
reporter of the Supreme Court of Appeals, one copy to the library of
each educational institution in this State that maintains a library, and
to each public library; one copy to every judge and clerk of any court
held in this State under the laws of the United States and to each
attorney and marshal in this State holding office under the United
States ; five copies to the State Library ; five copies to the Law Library ;
one copy to each university and college in this State; one copy to
each member of the State Hospital Board; one copy to the School
for the Deaf and Blind; ten copies to the clerk of the Senate for the
use of the Senate; and fifteen copies to the clerk of the House of Dele-
gates for the use of the House. (Sec. 388.)

Section 391. Director to furnish session acts——Whenever the
Director of the Division of Purchase and Printing shall be satisfied
that any justice or other county or city officer entitled by law to receive
the session acts does not possess the same or any of them, and cannot
otherwise procure them, he shall, on application of the circuit or
corporation court, furnish the same; provided, he does not thereby
diminish the supply of the work so issued, in his custody, below, twenty-
five copies (Sec. 347-7.)

Section 392. Printing of journals for Senate and House; their
distribution——The Director of the Division of Purchase and Printing
shall superintend the execution of all printing done by order of the
Senate or the House of Delegates, or their respective clerks, and
within ninety days after the close of each session of the General As-
sembly he shall, upon requisition furnished him by the Director of the
Division of the Budget, cause to be printed and bound the journals
for the Senate and the House of Delegates, with an index thereto, in
sufficient quantity to make the following distribution: One copy to
the Governor; five copies to each of the clerks of the Senate and the
House, ten copies to the State Library, one copy to each educational
institution in this State which maintains a library, one copy to each
public: library; one’ copy to’ the President of the’ Senaté and“one copy
to the Speaker of the House, one copy to the Division of Statutory
Research and Drafting, and one copy to each membet of the Senate
and the House of Delegates.. The number of copies to be printed ‘and
‘the quality of binding shall be designated by # the Director of the Divi-
ston of the Budget. (Sec. 386.) :
Section 393. Donations to Universities and College Having Lanse
Schools.—The Director of the Division of Purchase and Printing
shall furnish the universities and any incorporated college of the State
in which a law school is established, and which has not heretofore
been furnished, out of any surplus copies on hand, with one copy of
the Journal of the Senate, the Journal of the House of Delegates, the
Journal of the Constitutional Conventions, the Acts of Assembly, and
the Codes; and every incorporated college and academy in the nial
with a copy of the maps. (Sec. 347-1.)

Section 394. Printing of annual reports; their distribution —(a)
It shall be the duty of the heads of departments, divisions, institutions
and agencies of the Comnionwealth to furnish their annual reports to
the officer to whom they are required to be made on or before the
twentieth day of October of each year. Such reports, after being
approved by the Director of the Division of the Budget as hereinafter
set forth, shall be printed in accordance with section three hundred
ancl eighty- three of this Code and ready for distribution on the first
Wednesday in January following.

(b) The Director of the Division of Purchase and Printing shall
have printed in octavo form in one volume such number of copies of
each report as shall be required for distribution hereunder, and the said
volume shall be distributed as follows: One copy to the Governor,
one copy to the President of the Senate, one copy to each member of
the General Assembly, one copy to each institution and head of de-
partment, two copies together with such additional copies as may be
necessary for exchange purposes to the State Library, five copies to the
Clerk of the Senate for the use of the Senate and five copies to the
Clerk of the House of Delegates for the use of the House. In addition
thereto two hundred copies of each such report shall be printed and
bound separately, in ordinary pamphlet binding with paper covers,
and delivered to the respective department, division, institution or
agency making the said report. A sufficient number of the reports of
the Corporation Commission, including the reports of railroad com-
panies made to them, and the report of the Superintendent of Public
Instruction, shall be printed in the same manner, but bound in separate
volumes, and distributed as the other reports, and in addition thereto
two hundred copies shall be printed and delivered to the department
making the report. The report of the Secretary of the Commonwealth
shall be printed and bound in a separate volume and delivered to the
said Secretary. In the printing of the reports provided for in this
section, as. in all clagate 1 of the State, work, the mineer preparing the

eben (ft
report or other documents shall in all cases be responsible for the
matter contained therein.

(c) It shall be the duty of the Director of the Division of Purchase
and Printing in making his contract for the printing of the reports
referred to in this section, to provide that the contractor shall print
such additional copies of the said reports as may be desired by the
institutions or officers making the reports, at such price as may be
agreed between the Director and contractor; the accounts for the
same, when approved by the Director, shall be paid by the department
or institution ordering said extra printing. (Sec. 393.)

Section 395. Reports of the Court of Appeals; printing and bind-
ing—When notified by the reporter for the Supreme Court of Appeals
that he has sufficient copy to issue a volume of the Virginia Reports,
or a substantial part thereof, the Director of the Division of Purchase
and Printing shall advertise for bids for doing the work of the entire
volume in such installments as he may require, as provided in section
three hundred and eighty-three, and when he contracts for the printing
and binding of current and future volumes of Virginia Reports of
the Supreme Court of Appeals, he shall contract for the printing
and binding of so many copies of said volume or volumes as the
Director of the Division of the Budget shall designate, not exceeding
two thousand of each volume.

In contracting for the printing and binding of said reports he shall
conform to the provisions of this chapter in relation to other printing

and binding. (Sec. 394.)

Section 396. Director to have charge of Supreme Court reports
and furnish copies to judges and others——He shall be charged with the
custody, disposal and sale of the published reports of the decisions
of the Supreme Court of Appeals. One copy of each volume oi said
reports hereafter published shall be furnished to each of the following
for the use of those to whom furnished and their successors in office;
the clerk of the Supreme Court of Appeals and the reporter of the
Supreme Court of Appeals, the judges of each court of record of this
State and each civil justice, the Division of Statutory Research and
Drafting, the Attorney General, the Industrial Commission, the State
Corporation Commission, the clerk of each of the district courts of
the United States held in this State for the use of said courts and the
members of the bar practicing therein, two copies of each volume ot
said reports hereafter published shall be furnished to each of the
justices of the Supreme Court of Appeals, for the use of those to
whom furnished and their successors in office. Eight copies of each
volume of said reports hereafter published shall be furnished to each
university and college in the State in which a law school is established ;
seven copies shall be placed in the law library at Richmond and two
copies each shall be placed in each of the other law libraries of the
Supreme Court of Appeals. (Sec. 347.)

Section 397. Powers and duties of Director of Division of the
Budget.—The Director of the Division of the Budget shall have power
and it shall be his duty to requisition the number of and designate the
quality and manner of binding of every annual, biennial, or other re-
port or publication of any kind proposed by any State department,
division, institution, officer or agency, to be printed out of public
funds; and it shall be unlawful for any such report or publication to
be printed unless and until it shall have been submitted to such director
and a certificate thereof, signed by such director, attached to the report
or other publication. The Director of the Division of the Budget
shall not, however, edit or change in any respect any such report or
publication. (Sec. 393-a.) , ;

Section 398. Payment of all bills for printing, binding, et cetera.
—(a) All accounts accruing under the provisions of this chapter and
relating to public printing shall be approved by the Director of the
Division of Purchase and Printing as correct and according to contract,
if that be a fact, and the said director shall then certify the account
to the Comptroller to be paid out of the general fund appropriated
for the public printing. ,

(b) Each department, division, institution, officer or agency shall,
upon statements rendered by the Director of the Division of Purchase
and Printing, cause to be paid out of the funds appropriated for the
maintenance of such department, division, institution, officer or agency
into the treasury to the credit of the printing fund covering the cost
of the printing, binding, ruling, lithographing, engraving, advertising,
wrapping, mailing, freight, postage, expressage, stationery and other
material furnished such department, division, institution, officer or
agency. All printing, binding, ruling, lithographig, engraving, wrap-
ping, mailing, freight, postage and expressage, required by or for
the General Assembly and required in the printing, binding and distribu-
tion of the Virginia Reports, annual reports and forms which the said
director is required to furnish, for the payment of which no provision
is otherwise made, shall be paid for out of funds appropriated to the
Division of Purchase and Printing.

(cy) But the foregoing subsection (b) is subject to the following
qualification that prior to July first, nineteen hundred and forty, the
printing, binding, ruling, lithographing, engraving, advertising and
stationery required by the ,

Attorney General,

Auditor of Public Accounts,

Comptroller,

Commission of Fisheries and the Commissioner of Fisheries,

Department of Taxation and the State Tax Commissioner,

Division of the Budget and the Director thereof,

Division of Grounds and Buildings and the Director thereof,

Division of Purchase and Printing and the Director thereof,

Division of Statutory Research and Drafting and the Director
thereof, ,

Governor,

Secretary of the Commonwealth,
.. State Board of Public Welfare and Commissioner of: Public Welfare
-» State Corporation Commission (except as to matters relating tc
insurance and banking and the Bureau of Insurance and Banking), anc
... State Treasurer | :
shall be furnished and paid for out of funds appropriated to the
Division of Purchase and Printing for public printing, without refunc
or transfer of funds by any of the said departments, divisions, institu:
tions, officers or agencies. ,

(d) In determining the amount to be paid for composition undet
the provisions of this chapter, nothing shall be allowed or paid for
any unnecessary blank page. (Sec. 385.)

Section 399. If printing not done satisfactorily, Director to employ
another—If any department, division, institution, officer or agency
of the State report to the Director of the Division of Purchase and
Printing any failure in the prompt and satisfactory execution of the
printing, binding, ruling, engraving, or lithographing, required by said
department, division, institution, officer or agency, and in any case
in which the Director is satisfied that the contractor has failed to comply
with the stipulatiens of his contract, it shall. be ‘the duty of the Director
to employ some other person to do the work, and he shall bring an action
upon the bond of the defaulting contractor for any loss which may be
sustained by the State in consequence of such default as soon as the
same can be ascertained. (Sec. 395.)

Section 400. Books for the law libraries——The Director of the
Division of Purchase and Printing shall have placed in the State law
library at Richmond, and in the State law library at each other place
where sessions of the Supreme Court of Appeals are held, a copy of

every law book which may be hereafter published for the Common-
wealth. (Sec. 347-4.)

Section 401. Sale and distribution of State publications.—All books,
documents, and maps published by the State shall be delivered to
the Director of the Division of Purchase and Printing, who shall
distribute the number of copies as required by law and preserve at
least twenty-five copies of each. The Director is authorized to sell,
or distribute, or to sell.and distribute, the books, documents and maps
not required to be distributed or. preserved, fixing such price per copy
as may be reasonable and sufficient to cover the cost of printing, mail-
ing and handling. The receipts from such sale shall be paid into the
State treasury and credited to the general fund.

Such sales may be made through book dealers, and a reasonable
commission allowed them on such sales. When such books, documents
and maps are placed in the hands of such dealers, the Director shall
require of each such dealer a bond, with good security, payable to the
Commonwealth and. conditioned to secure the payment of the price
jt said: publications or the return thereof to the Director of the Division
ot Purchase and Printing on demand. (1927, p. 103; Sec. 347-2.)

Section 401-a. Committee on printing——The Joint Standing Com-
nittee on Printing, of the two houses of the General Assembly shall
have authority to supervise and give directions in all that relates to
the public printing and binding, and all other subjects embraced: in
this chapter, and it shall be the duty of the said committee to examine
the books of the office, and investigate the transactions of the Director
of the Division of Purchase and Printing, and make a report to the
General Assembly at each regular session, and at such other times as
the committee deems proper. (Sec. 397.)

Section 401-b. Centralized purchasing; competitive bidding; ex-
ecution of contracts——(a) Except as hereinafter provided, every de-
partment, division, institution, officer and agency of the State, here-
inafter cajled the using agency, shall purchase through the Director
of the Division 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. Esti-
mates 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 Director.

The said Director 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 he may determine. 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 speci-
fications, 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 bids shall
have been accepted, the Director 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 Director. All contracts entered into
by the Director shall be executed in the name of the Commonwealth
of Virginia by him as Director of the Division of Purchase and Print-
ting. (1924, p. 564; 1927, p. 111.)

Section 401-c. Standardization of materials, equipment and sup-
plies; Advisory Standardization Board—(a) So far as practicable,
all materials, equipment and supplies, the purchase of which through
the Director of the Division of Purchase and Printing is made manda-
tory, shall be standardized by the Director, and no variation shall be
allowed from any established standard without the written approval
of the Director. Such standards shall be determined 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 alterations in equipment are necessary
in order to permit the application of any standard, such changes and
alterations shall be made as rapidly as possible.

(b) In order best to carry out the provisions of this section, there
shall be established an advisory standardization board, consisting of
the Director of the Division of Purchase and Printing as its head and
such representatives, not exceeding nine, of the several departments,
divisions, institutions, officers and agencies affected by this chapter as
shall be designated by the Governor. The representatives so designated
may be removed by the Governor at his pleasure and others appointed
in their stead. The said board shall consider and advise as to the needs
of the various State activities and how far they can be reasonably
harmonized and covered by standard specifications. (1924, p. 566;
1927, p. 111.) ,

Section 401-d. Direct purchases by using agencies; Virginia prod-
ucts—The Director of the Division of Purchase and Printing shall
have power, by general rule or special order, to permit purchases of
any material, equipment or supplies whatsoever to be made by any
using agency directly, and not through the said Director, whenever it
shall appear to the satisfaction of the Director that by reason of the
excess transportation 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 Director, warrants such exemption. ‘The Director
shall, in the purchase of materials, equipment and supplies, give pret-
erence, so far as may be practicable, to materials, equipment and
supplies produced in Virginia or sold by Virginia persons, firms and
corporations. Only soft winter wheat flour shall be purchased for,
or used at State supported institutions, except that the three sanatoriums
for tuberculosis, the University hospital at Charlottesville, and the
Medical College of Virginia, Hospital Division at Richmond may use
fifty per centum of spring wheat flour. (1928, p. 547.)

Section 40l-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 materials, equipment and supplies as are incident tc
the performance of a contract for labor or for labor and material.

(2) Technical instruments and supplies, and technical books anc
other printed matter on technical subjects; also manuscripts, maps
books, pamphlets and periodicals purchased for the use of the Virginie
State library or any other library in the State supported in whole o:
in part by the State appropriation.
(3) 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 Division
of Purchase and Printing.

(4) Emergency purchases for immediate delivery to meet exigen-
cies arising from unforeseen causes, including delays by contractors,
delays in transportation and an unforeseen volume of work in the
department affected, provided 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 by the State High-
way Commission.

(7) Materials, equipment and supplies 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
Alcoholic Beverage Control Board of alcoholic beverages, as defined in
the Alcoholic Beverage Control Act, or to the making of leases and
the purchasing of real estate by the Virginia Alcoholic Beverage Con-
trol Board; such alcoholic beverages and such real estate shall be
purchased, and such leases shall be made, in accordance with the pro-
visions of the said Alcoholic Beverage Control Act.

Section 401-f. Purchases by counties, cities and towns and local
officers.—The boards of supervisors, or other governing body, of the
several counties and the councils of the several cities and towns, and
the officers of counties, cities and towns who are empowered to pur-
chase material, equipment and supplies of any and all kinds for local
public use, are hereby severally authorized, in their discretion, to seek
the aid and cooperation of the Director of the Division of Purchase
and Printing in purchasing such material, equipment and supplies, to
the end that, by central purchasing, cheaper prices may be obtained.

It shall be the duty of the said Director to encourage the seeking
of such aid and cooperation by the tender of his services by letter,
and otherwise, and especially by the dissemination of facts by letter,
or otherwise, concerning the savings of public funds which may be
effected by central purchasing of material, equipment and _ supplies.
(1924, p. 8.)

Section 401-g. Duplicate invoices for Director—All purchases
made by or through the Director of the Division of Purchase and
Printing shall be paid for in the same manner and out of the same
funds as if the purchase had not been made by or through him.
(1924, pp. 8 and 567.)

Section 401-h. When warrants for purchases not to be issued:
suspension, or..removal from . office——(a). The. Comptroller ‘shall: not
issue aly warrant. upon arly voucher issued by any using agency: cover-
ing the. purchase of any: material, equipment or supplies, .where. such
purchase is made in violation of the provisions of this chapter. Any.
using agency or person. agerieved by any failure or refusal of the
Comptroller to issue any warrant hereunder, may appeal to the. board
provided for in subsection (c) of section three hundred and eighty-.
three, and the said board shall in such event afford the said using agency.
or person a fair hearing, and review all the facts and circumstances
involved; if the said board shall determine that the purchase was not
made in violation of the provision of this chapter it shall, or if it
shall determine that the purchase was made inadvertently in violation
of the provisions of this chapter it may, direct the Comptroller to
issue the warrant or warrants involved and the Comptroller shall
thereupon, in the absence of any other provisions of law to the
contrary, issue the said warrant or warrants.

. Intentional violations of the centralized purchasing provisions of.
this. chapter by any using. agency, continued after notice from the
Governor. to desist, shall constitute malfeasance in office, and shall
subject the officer or officers responsible for such violations, to sus-
pension or removal from office, as may be provided by law in other
cases of. malfeasance. (1924, p. 567.)

Section 401-i. Sale or transfer of: surplus. —The director of the
Division. of Purchase and Printing shall transfer surplus supplies or
equipment from one State department, division, institution or agency ‘to
another, and sell surplus supplies or equipment which may accumulate
in the possession of any State department, division, institution or agency
and pay the proceeds derived therefrom into the State treasury ; no such
surplus supplies or equipment shall be transferred or sold, however,
without the consent’ of the head of the department, division, institu-
tion or agency having them in possession, or unless ordered. by the
Governor. No such supplies or equipment shall be sold or exchanged
except as provided herein. — (1928, p. 347.) ~

Section 401-j. Payment of moneys into State treasury.—Except
as otherwise provided in section three hundred and ninety-eight, all
moneys collected by the Director of the Division of Purchase and Print-
ing shall be paid promptly into the State treasury to the credit of the
general fund. (Sec. 391.) ,

~ Section 401-k. Records.—The Director of the Division of Pur-
chase and Printing shall maintain such system of accounting as shall
be devised and installed by the Auditor of. Public Accounts.

- In connection with sales of Acts of Assembly or any other State
document, a record shall be kept showing date of purchase, name of
purchaser, documents purchased, and amount recetved; and in each
instance a receipt shall be given to the purchaser and the purchase price
shall be received before delivery of any volume or volumes.

The Director of the Division of Purchase and Printing shall be re-
nuiredl to establish and maintain such records as to show at all times
the number of Virginia Reports, Acts of Assembly, and other docu-
ments, 1n.his.custody;.and he.shail -be required to report to the Juirector,
of. the Division. of the. Budget within. thirty days. after. the -close of
each fiscal year the number of volumes of each class.in his custody.
(Sec. 381.) . | = a er oa!

Section 401-1. Records open to-public inspection.—All proceedings,
records, contracts and orders of the Director of the Division.of Pur-
chase and Printing and of the Division shall be public records, open.
to. the inspection of any citizen, or any interested person, firm or cor-
poration, at all reasonable hours. . (1924, p. 567.) : _

Section 401l-m. Opinion of Attorney General may be required.—
In case any controversy shall arise’ between the Director of the Division
of ‘Purchase and Printing and any using agency, involving the proper
interpretation of this chapter, the Director, or the using agency, may
require the written opinion of the Attorney General thereon. (1924,
p. 567.) , = - | ror
'. Section 401-n. Appeals as to centralized purchasing—Any de-
partment, division, institution, officer, agency or other person aggrieved
by any action taken by the Director of the Division of Purchase and
Printing, pursuant to the provisions of this chapter, relating to cen-
tralized purchasing may appeal to the board provided for in sub-sec-
tion (c) of section three hundred and eighty-three of the Code... In
the event of such appeal notice shall be given and the matter heard and
determined as provided in the section referred to. _ =,

Section 401-0. Report of Director—The Director of the Division
of. Purchase-and Printing shall make an annual report as of June thir-
tieth to the Governor as soon as practicable after the close of business
each fiscal year. The said report shall show the amount and cost of
purchases made for each State department, the cost of all printing, bind-
ing, ruling, lithographing, engraving, postage, drayage and expressage
done for each such department, the cost of all paper and stationery
used, the cost of all stationery and paper purchased during the fiscal
year, the cost of stationery-and- paper remaining on hand at the close
of the fiscal year, the aggregate amount expended during such year
on account of the public printing, the kinds and numbers of State pub-
lications on hand, and such other information as the Director shall deem
proper to show the work of the Director and of the Division during
the year. The report shall also contain such recommendations for legis-
lation and other matters as the Director may desire to bring to the
attention of the Governor and the General Assembly. (Seam 396; 1924,
p. 567.) , ,

Section 401-p. Printing of Journals of the House of Burgesses.—
The provisions of this chapter shall not apply to the printing of the
journals of the House of Burgesses the publication of which the library
board shall have the authority to continue and the payment for which
is made out of the manuscript fund, nor shall it apply to the printing
of the records of the Supreme Court of Appeals. (Sec. 401). —

“Section 401-q. Chapter does not affect provisions of sections two
thousand and seventy-three, two thousand and seventy-three-a and two
thousand and seventy-three-b—The provisions of this chapter shall
neither amend nor repeal any of the provisions of sections two thou-
sand and’seventy-three, two thousand and seventy-three-a and two thou-
sand and seventy-three-b, of the Code of Virginia.

3. Be it further enacted by the General Assembly of Virginia, That
chapter three hundred and ninety-two of the Acts of the General As-
sembly of nineteen hundred and twenty-four, entitled “An act to pro-
vide for the centralized purchasing of 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, with certain exceptions; to con-
tinue 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 en-
titled 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 purchasing commission and purchasing agent,
approved March fifteenth, nineteen hundred and twenty,” approved
March twentieth, nineteen hundred and twenty-four, and all amend-
ments thereof, be, and the same is hereby, repealed.

4. Be it further enacted by the General Assembly of Virginia as
follows:

(a) Sections three hundred and forty-seven, three hundred and
forty-seven-one, three hundred and forty-seven-two and three hundred
and forty-seven-seven of the Code of Virginia are hereby repealed.

(b) All acts and parts of acts inconsistent with this act are here-
by repealed to the extent of such inconsistency.

(c) If any provision of this act shall be declared unconstitutional
or for any other reason invalid the provisions of the former law for
which such provision of this act is substituted, shall not be construed
as repealed.