Virginia OAG High-Risk Contract Review: Mandatory for State Contracts

• As of July 1, 2019, Virginia requires OAG review for "high-risk" solicitations and contracts under the Virginia Public Procurement Act.
• Reviews are mandatory before issuing a solicitation, prior to contract award, and for certain pre-2019 high-risk contracts with remaining renewals.
• Agencies must submit a completed OAG form and all relevant documents via email to their assigned counsel and a general OAG inbox.
• The OAG has 30 business days to complete the review, starting only after a fully complete submission is received.
• Agencies must factor this 30-day period into their procurement timelines, and separate reviews by DGS or VITA require distinct submissions.

Lawyers and compliance officers advising on Virginia government contracts must factor the mandatory OAG review for 'high-risk' solicitations and contracts into their procurement timelines, ensuring timely submission of all required documentation to avoid delays.

A significant legislative amendment to the Virginia Public Procurement Act, effective July 1, 2019, introduced a mandatory review process for specific government contracts and solicitations. This provision, enacted by the General Assembly, requires the Office of the Attorney General (OAG) to scrutinize agreements designated as "high-risk." This initiative aims to bolster oversight within Virginia state procurement changes, ensuring greater accountability and risk mitigation.

The updated statute establishes two critical points in the procurement lifecycle where this specialized review is compulsory. First, before any Virginia high-risk solicitations are issued to potential vendors, the solicitation documents must be submitted to the OAG for examination. Second, prior to the final award of any contract identified as high-risk, the proposed agreement itself must undergo OAG review. The statutory framework provides a precise definition for what constitutes a "high-risk" contract, guiding agencies on which agreements fall under this enhanced scrutiny.

The scope of the Virginia OAG high-risk contract review extends beyond new procurements to encompass certain existing agreements. Specifically, high-risk contracts initially awarded before the July 1, 2019, effective date are subject to this mandate if they retain two or more remaining renewal provisions. In these instances, the contract must be submitted for OAG review before any subsequent renewal option can be exercised, ensuring continuous oversight of long-term state commitments.

To initiate this essential review, agencies are required to complete a specific Virginia OAG contract review form. This completed form, along with all comprehensive documentation comprising either the solicitation or the proposed contract, must be transmitted electronically. The submission should be directed via email to the agency's designated counsel within the Office of the Attorney General, with an indispensable copy simultaneously sent to the dedicated `HelpContracts@oag.state.va.us` inbox. Adhering to this structured submission protocol is vital for the efficient processing of all Virginia government contract review requests.

Agencies, along with their legal and compliance teams advising on Virginia government contracts, must meticulously factor in the statutory timeframe allocated for the Virginia OAG high-risk contract review. The legislation grants the OAG a period of 30 business days to conduct its thorough assessment. This 30-day review period officially commences only upon the OAG's receipt of a fully complete submission, which includes both the requisite review form and all necessary supporting documents pertaining to the solicitation or contract. Incomplete submissions will not trigger the review clock, potentially leading to significant delays in procurement timelines.

While the OAG is committed to completing reviews as quickly as practicable, agencies are strongly advised to proactively integrate this 30-business-day window into their overall project planning and procurement schedules. This forward-thinking approach is crucial for avoiding unforeseen disruptions to contract awards or project commencement. Lawyers and compliance officers advising on Virginia government contracts must factor the mandatory OAG review for 'high-risk' solicitations and contracts into their procurement timelines, ensuring timely submission of all required documentation to avoid delays. This applies to both new agreements and renewals of existing high-risk contracts. Furthermore, it is imperative to recognize that if a solicitation or contract also necessitates review by other state entities, such as the Department of General Services (DGS) or the Virginia Information Technologies Agency (VITA), these requests must be submitted independently to the applicable reviewing agencies, as the OAG process operates distinctly.

Lawyers and compliance officers advising on Virginia government contracts must factor the mandatory OAG review for 'high-risk' solicitations and contracts into their procurement timelines, ensuring timely submission of all required documentation to avoid delays. This applies to both new agreements and renewals of existing high-risk contracts.

Source: Original reporting via Virginia Office of the Attorney General