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HomeMy WebLinkAbout067-25 (FrederickCountyPurchasingPolicyUpdates) C40- RESOLUTION UPDATNG THE FREDERICK COUNTY PURCHASING POLICY WHEREAS, the Board of Supervisors of the County of Frederick, Virginia is dedicated to securing high quality goods and services at reasonable cost and that the maximum feasible degree of competition is achieved in accordance with the Virginia Public Procurement Act (VPPA, Chapter 43 of Title 2.2 of the Code of Virginia as amended); and, WHEREAS, the VPPA enunciated the public policies pertaining to governmental procurement from non-governmental sources by public bodies which may or may not result in monetary consideration for either party; and, WHEREAS, the purpose of this Resolution is to ensure that the County, through its employees, exercises sound business judgment in its purchases and contractual transactions, hereby adopts this Resolution,to incorporate the newly enacted provision of the VPPA, §2.2-4311.3. Compliance with state law; contract terms inconsistent with state law,and, WHEREAS, in accordance with VPPA, §2.2-4311.3, any contract for information technology goods and/or services that has a term or provision that conflicts with Virginia law,that has a choice of law provision or requires or permits litigation/dispute resolution in another state or country shall be void and the contract shall be deemed to provide for the application of Virginia law and to provide for jurisdiction in the courts of Virginia; NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors for Frederick County, Virginia, hereby approves of this Resolution, and the incorporation of VPPA §2.2-4311.3 into its Purchasing Policies, effective July 1, 2025. ADOPTED by the Board of Supervisors of Frederick County on this 11th day of June 2025 on the following recorded vote: Josh E. Ludwig, Chairman Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Michael Bollhoef Frederick Counl� Administrator Resolution No. 067-25 -� � COUNTY of FREDERICK Finance Department Cheryl B. Shiffler res Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us MEMORANDUM TO: Cheryl Shiffler, Finance Director Frederick County Finance Committee FROM: Missi Neal, Purchasing Manager DATE: May 16, 2025 SUBJECT: Purchasing Policy Updates—Virginia Code updates To maintain consistency with the Virginia Public Procurement Act (VPPA), I am recommending changes to the current Frederick County Purchasing Policy, which was last updated November 10, 2021. All prior County Purchasing Policy thresholds to remain in effect. In accordance with a new Virginia Code provision related to contract terms inconsistent with state law, the Purchasing Manager and the Acting County Attorney respectfully requests the Board to adopt a resolution adopting, effective July 1, 2025, the newly enacted provisions of Virginia Code §2.2-4311.3. Compliance with state law; contract terms inconsistent with state law. Under §2.2-4311.3, any contract that has a choice of law provision or requires or permits litigation/dispute resolution in another state or country shall be void and the contract shall be deemed to provide for the application of Virginia law and to provide for jurisdiction in the courts of Virginia. EFFECTIVE July 1, 2025; § 2.2-4311.3. Compliance with state law; contract terms inconsistent with state law. A. As used in this section, "information technology goods and services" means communications, telecommunications, automated data processing, applications, databases, data networks, management information systems, and other related goods and services. B. No term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable. C. Any term or provision in such a public contract that (i) makes the public contract subject to, governed by, or interpreted under the laws of 107 North Kent Street 9 Winchester, Virginia 22601 Page 2 another state or country or (ii) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth. D. The provisions of this section shall only apply to a county, city, town, political subdivision, or public institution of higher education, or to a public body listed as an independent agency in the appropriation act, if its governing body has adopted the provisions of this section as part of its procurement policies and procedures. 2. That the provisions of this act shall apply to any public contract that becomes effective on or after July 1, 2025. Should you have any questions regarding this recommendation, please do not hesitate to contact me for further discussion. /attachment: draft resolution VIRGINIA ACTS OF ASSEMBLY - 2025 SESSION CHAPTER 27 An Act to amend the Code of Virginia by adding a section numbered 2.2-4311.3, relating to Virginia Public Procurement Act; contract terms inconsistent with Virginia law. [H 2150] Approved March 18,2025 Be it enacted by the General Assembly of Virginia: 1.That the Code of Virginia is amended by adding a section numbered 2.2-4311.3 as follows: §2.2-4311.3. Compliance with state law;contract terms inconsistent with state law. A. As used in this section, "information technology goods and services" means communications, telecommunications, automated data processing, applications, databases, data networks, management information systems, and other related goods and services. B. No term or provision in any public contract for the acquisition of information technology goods or services shall be valid or enforceable to the extent that it is in conflict with Virginia law. A public contract containing such a term or provision shall otherwise remain enforceable. C. Any term or provision in such a public contract that(i) makes the public contract subject to, governed by, or interpreted under the laws of another state or country or(ii) requires or permits any litigation or other dispute resolution proceeding arising from the public contract to be conducted in another state or country shall be void. Such public contract shall instead be deemed to provide for the application of the law of the Commonwealth of Virginia, without regard to such contract's choice of law provisions, and to provide for jurisdiction in the courts of the Commonwealth. D. The provisions of this section shall only apply to a county, city, town,political subdivision, or public institution of higher education, or to a public body listed as an independent agency in the appropriation act, if its governing body has adopted the provisions of this section as part of its procurement policies and procedures. 2. That the provisions of this act shall apply to any public contract that becomes effective on or after July 1,2025.