Virginia Code 54.1-832: Director authorized to contract for certain services; award of contract; authority when no contract is in effect
A. The Director may contract with a private person, firm, corporation or association to provide any or all of the following services on behalf of the Department: examining and recommending licensure, investigating and ensuring that events are conducted in compliance with statutes and regulations, performing clerical duties, collecting fees, maintaining records, developing proposed regulations in accordance with Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act, and recommending enforcement actions in accordance with Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act.
Terms Used In Virginia Code 54.1-832
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: means any person who has been recognized by the Director, through a contract pursuant to § Virginia Code 54.1-828
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Professional and Occupational Regulation or its successor. See Virginia Code 54.1-828
- Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-828
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Person: means a natural person, corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other entity. See Virginia Code 54.1-828
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
B. The Director shall procure any or all of such services in accordance with the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.). Prior to the award of such contract, a proposer shall demonstrate, to the satisfaction of the Director:
1. Personnel and financial resources necessary to carry out the provisions of the contract;
2. Adequate indemnification to protect the Commonwealth and its agencies and instrumentalities from all claims and losses incurred as a result of the contract;
3. Compliance with all applicable federal, state, and local laws;
4. Ability to develop, implement, and maintain the internal operations necessary to carry out the provisions of the contract; and
5. Ability to meet any other qualifications the Director deems appropriate in the procurement process.
C. Any contract awarded in accordance with this section shall not exceed a three-year term, but may be renewed annually upon the approval of the Director. The Director shall be the signatory to the contract on behalf of the Commonwealth.
D. Nothing herein is intended to deprive the contractor or the Commonwealth of the benefits of any law limiting exposure to liability or setting a limit on damages.
E. Nothing herein is intended to deprive the Director of his authority to carry out the requirements of this chapter when no contract is in effect.
1998, c. 895.