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Chapter 30 - High Risk IT Solicitations and Contracts

30.1 High Risk Contracts, Defined

§ 2.2-4303.01 of the Code of Virginia defines a "high risk" solicitation or contract as any public contract with a state public body for the procurement of goods and services which:

  • Costs over $10 million dollars over the course of the initial term, OR,

  • Costs over $5 million dollars over the initial term and meets at least one of the following criteria;

    • The goods, services, insurance, or construction that is the subject of the contract is being procured by two or more state public bodies;

    • The anticipated term of the initial contract, excluding renewals, is greater than five years; or,

    • The state public body procuring the goods, services, insurance, or construction has not procured similar goods, services, insurance, or construction within the last five years

According to the statute, all "high risk" solicitations and contracts must be evaluated to ensure that they comply with applicable state law and policy and contain the following:

  • Appropriate terms and conditions,

  • Distinct and measurable performance metrics, including clear enforcement provisions,

  • Remedies in the case that performance measures are not met

VITA, along with the Office of the Attorney General (OAG), is required to review all "high risk" solicitations and contracts to ensure that the requirements outlined in § 2.2-4303.01(B) are met prior to the release of a "high risk" solicitation, or the award of a "high risk" contract.