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Guidelines for OAG Assistance in Procurement and Contracting

The Office of the Attorney General is available to assist client agencies through every step of the process of procuring and administering contracts. This includes but is not limited to contracts for goods, services (both professional and non-professional), information technology, and construction.

 

Advice can be provided during the initial procurement process, to include:

  • Assistance with preparation of the solicitation, compliance with policies and regulations, and questions arising during evaluations and negotiations
  • Help in drafting key provisions of the contract to mitigate or allocate risk or obtain other objectives
  • Review of the final proposed contract
  • Direction on handling procurement protests
  • Guidance on responding to requests for documents
 

Advice is also available during the life of the contract, to include:

  • Assistance with contract administration, modifications and renewals
  • Help with claims and disputes
  • Contract close-out issues
In the unlikely event that a procurement protest or contract dispute goes to court, the Office will provide representation to the purchasing agency.
 

We particularly suggest that agencies seek legal assistance when developing high-risk contracts and when developing or using non-standard provisions. High-risk contracts can be reviewed for legality and substance, as well as an indication of whether the contract is sufficient to achieve the agency’s objectives. Such a review may help in maximizing the Commonwealth’s contract value, while obtaining assistance with non-standard provisions will minimize risk of a conflict with another provision or the risk of inadequately protecting the Commonwealth.

 

Some contracts (such as certain transfers of real estate) are statutorily required to be approved by the Office as to form. “Approval as to form” means that the contract includes all mandated provisions, and that the contract does not include any terms which would be illegal or beyond the approval authority of state contract officers. Broader services are also available as indicated above, even though the statutory requirement for approval relates only to the form of contract.

 

To obtain legal assistance, clients should contact their assigned agency counsel within the Office. If an issue is outside agency counsel’s area of expertise, counsel can coordinate with other sections within the Office to gain further expertise, or to obtain outside counsel if that becomes necessary. In most cases, especially in high-risk or complex procurements, it is most effective to include counsel early. The time required for legal review of a proposed contract will vary depending on the complexity and length of the contract, as well as on how involved the attorney has been at earlier stages of developing the contract. Agency counsel can advise on the appropriate time needed to provide review or feedback in specific instances. 

 

 

 

 

 

 

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Sweet Briar College Information

 

The Office of Attorney General Mark Herring has made available for inspection documents in its possession related to Sweet Briar College and not subject to an exemption under the Virginia Freedom of Information Act.  These are documents from January 1, 2015 to April 30, 2015 from senior staff, those who were involved in the successful mediation organized by Attorney General Herring to keep Sweet Briar College open, and those who may have a role in examining requests to modify conditions on certain restricted gifts pursuant to Virginia Code 64.2, the Uniform Prudent Management of Institutional Funds Act.

 

Cynthia Hudson:
Chief Deputy Attorney General

Kevin O'Holleran:
Chief of Staff

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Michael Kelly:
Director of Communications

John Daniel, Deputy Attorney General:
Commerce, Environment, & Technology

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Heather Lockerman, Senior Assistant Attorney General &
Financial Law and Government Support Section Chief

Anna Birkenheier, Assistant Attorney General:
Financial Law and Government Support

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Meghan Wallmeyer Rose: Paralegal Senior
Commerce, Environment, and Technology Section

OAG Constituent
Email Account
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Attorney General of Virginia: Internet Privacy Policy Statement

This statement explains the Internet Privacy Policy applicable to the Attorney General’s website (web pages at addresses beginning with "http://www.oag.state.va.us/"). Our website may contain links to other agencies or entities, whose privacy practices we do not control.

Our website does not place any "cookies" on your computer. Certain information, listed below, is automatically collected when you access our website. No other information is collected through our website except when you deliberately decide to send it to us (for example, by clicking on a link to send us an email).

There is no legal requirement for you to provide any information at our website. However, your browser software automatically provides this information, and our website will not work without it. The following information is automatically collected when you visit our website:

  1. Address of the web page you want to view and the Internet domain and Internet address of the computer you are using. This information and the web page will be sent to our Internet service provider and possibly to other entities or agencies involved in sending the requested web page to you. We do not control their privacy practices and do not even know who many of them are. Ordinarily, we do not try to obtain any information (e.g., from your Internet service provider) to try to link the Internet address to a specific person. However, on rare occasions when a "hacker" attempts to breach computer security, the above data are reviewed to permit a security investigation and in such cases may be forwarded to law enforcement agencies.

  2. Type of browser and operating system being used; the Internet address of the website from which you linked directly to our website; the date and time of visit; and the web pages viewed during this visit. This information helps us respond to your request in an appropriate format and helps us plan website improvements.

Under the Virginia Freedom of Information Act, any records in our possession in certain circumstances may be subject to being inspected by or disclosed to members of the public for any purpose they may desire. Such records include, but are not limited to, any written or e-mail correspondence you send to this office and any automatically collected information before it is deleted. You have a right to make a request to inspect any non-deleted information by contacting the Director of Administration, Office of the Attorney General, 900 E. Main Street, Richmond, VA 23219. You may be charged for the staff time and other actual cost incurred in accessing, duplicating, supplying or searching for any records you want to inspect.

This Internet Privacy Policy Statement is a description of our current practices and shall not be construed as a contractual undertaking. The Office of the Attorney General reserves the right to amend its Internet Privacy Policy and this Statement at any time without notice. The privacy and public records obligations of the Office of the Attorney General are governed solely by applicable Virginia statutes, including, but not limited to, the Virginia Privacy Protection Act of 1976, the Virginia Freedom Of Information Act, and any applicable U.S. federal laws.

 

 

 

 

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About the Attorney General

Attorney General Mark Herring portrait

Mark Herring became the 48th Attorney General of Virginia on January 11, 2014. He is working to keep Virginia families safe in their communities and neighborhoods, promote justice, equality, and opportunity for all Virginians, and provide legal services to the people of Virginia and their government.

As Attorney General, Mark has built a record of:

  • Combating the heroin and opioid epidemic with a comprehensive strategy that includes: 
    • Enforcement—Attorney General Herring has assembled a team of prosecutors to take down dealers, traffickers, and those who profit off addiction. His team has worked more than 85 cases against dealers and traffickers involving more than 434 pounds of heroin, which is approximately 1.97 million doses worth about $29.5 million on the street.
    • Education, Prevention, and Treatment—Attorney General Herring launched an innovative education and prevention campaign to prevent heroin and prescription drug abuse, because he knows we can’t arrest our way out of this problem. He has created an award winning documentary, “Heroin: The Hardest Hit,” and a companion website, www.HardestHitVA.com, to serve as a one-stop-shop for education, prevention, and treatment resources in Virginia.
    • Legislation—Attorney General Herring has led bipartisan efforts in the General Assembly to expand the availability of naloxone, a life-saving overdose reversal drug, to law enforcement agencies, families confronting addiction, and community prevention organizations. He helped pass Virginia’s first “Good Samaritan” safe reporting law to encourage people to call 911 during an overdose.
  • Fighting for Virginia taxpayers, seniors, and veterans and military families. Attorney General Herring’s Consumer Protection section has won more than $100 million in debt relief for veterans and military families who were targeted by shady businesses. He has recovered millions from banks and mortgage companies who he believes took advantage of Virginians. His Medicaid Fraud Control Unit has recovered more than $69 million for Virginia taxpayers and was named best in the nation. He has secured the largest multistate consumer settlement ever lead by Virginia and the largest ever non-healthcare settlement for claims under the Virginia Fraud Against Taxpayers Act.
  • Transforming the way Virginia works to prevent and respond to sexual and domestic violence by leading a $3.4 million project to completely eliminate the Commonwealth’s backlog of more than 3,000 untested rape kits. He chaired Governor Terry McAuliffe’s Task Force on Combating Campus Sexual Violence, and has helped dozens of communities implement Lethality Assessment Protocols to protect survivors of domestic violence and prevent domestic homicides.
  • Preparing the Commonwealth for emerging safety threats by providing new resources and technology to fight child exploitation, human trafficking, and gang violence, and a range cyber-crimes that target Virginia children, consumers, and businesses.
  • Fighting for the fundamental rights of all Virginians, including the economic and reproductive rights of Virginia women, and the rights of LGBT Virginians to marry the person they love and be free from discrimination. He won the nation’s first preliminary injunction striking down President Trump’s unconstitutional Muslim ban, and sought new tools and provided new resources to prevent hate crimes and ensure all Virginians can live, learn, work, and worship free from discrimination and intimidation.
  • Promoting a strong business environment by ensuring the laws of the Commonwealth are applied evenly and fairly so Virginia businesses can make the investments needed to succeed in the long term. He helped craft legislation to crack down on ‘patent trolls’ who tie up the courts and Virginia businesses with baseless lawsuits, and legislation to help Virginia and Virginia businesses succeed in the emerging sharing economy.
  • Protecting Virginia's natural resources by fighting in court for clean air, clean water, renewable energy, and the Chesapeake Bay. He secured Virginia’s largest ever environmental damages settlement and has numerous enforcement actions for violations of the Clean Water Act.
  • Modernizing and reforming the Office of Attorney General to give taxpayers the best value for their dollar, promote transparency and accountability, and update the use of technology. On his first day in office, he instituted a strict gift ban on himself, his family, and his employees.

Mark has lived most of his life in Loudoun County. After receiving bachelor’s and master’s degrees from the University of Virginia, he graduated with honors from the University of Richmond School of Law before returning to Loudoun and establishing a successful law practice in Leesburg.

Mark got his start in public service as the town attorney for Lovettsville, and then was elected as a member of the Loudoun County Board of Supervisors. Prior to serving as Attorney General, he served eight years in the Senate of Virginia, representing parts of Loudoun and Fairfax Counties, working to bring technology-based economic development to the Northern Virginia region, secure transportation funding for needed projects, and make both state and local governments more accountable to the citizens of Virginia.

He and his wife, Laura, have been married for more than 25 years. They have raised their two children in college, daughter Peyton and son Tim, in Loudoun County, where they are members of the Leesburg Presbyterian Church.

 

 

 

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