16.4 Sole source procurements resulting in "high risk contracts"

Section 2.2-4303.01 of the Code of Virginia defines "high risk contracts" and outlines review and evaluation criteria for all public procurements which may result in a high risk contract.

Any IT procurement that is anticipated to result in a high risk contract must be reviewed by VITA and the Office of the Attorney General (OAG) prior to contract award. Reviews of the high risk contracts will be conducted within 30 business days and evaluate the following:

  • The contract's compliance with state law and policy.
  • The inclusion of distinct and measurable supplier performance metrics
    • With clear enforcement provisions, including clearly outlines penalties and incentives, to be sued in the event that contract performance measures are not met.
  • The legality and appropriateness of the contract terms and conditions.

Agencies are required to contact VITA's Supply Chain Management Division (SCM) at: scminfo@vita.virginia.gov during the contract preparation stage for assistance with preparing and evaluating the proposed contract's terms and conditions.

VITA's High Risk Contracts Policy can be found on our website, accessible through the following link: https://www.vita.virginia.gov/supply-chain/scm-policies-forms/scm-policies/. Also see Chapter 25 of this manual, "IT Contract Formation".



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