Code of Virginia - Title 2.2 Administration Of Government - Chapter 43 Virginia Public Procurement Act

2.2-4300 Short title; purpose; declaration of intent
A. This chapter may be cited as the Virginia Public Procurement Act. B. The purpose of this chapter is to enunciate the public policies pertaining ...

2.2-4301 Definitions
As used in this chapter: "Affiliate" means an individual or business that controls, is controlled by, or is under common control with another individual or ...

2.2-4302 Implementation
This chapter may be implemented by ordinances, resolutions or regulations consistent with this chapter and with the provisions of other applicable law promulgated by any ...

2.2-4303 Methods of procurement
A. All public contracts with nongovernmental contractors for the purchase or lease of goods, or for the purchase of services, insurance, or construction, shall be ...

2.2-4304 Cooperative procurement
A. Any public body may participate in, sponsor, conduct, or administer a cooperative procurement agreement on behalf of or in conjunction with one or more ...

2.2-4305 Competitive procurement by localities on state-aid projects
No contract for the construction of any building or for an addition to or improvement of an existing building by any local governing body or ...

2.2-4306 Design-build or construction management contracts for Commonwealth authorized
A. Notwithstanding any other provisions of law, the Commonwealth may enter into contracts on a fixed price design-build basis or construction management basis in accordance ...

2.2-4307 Fixed-price or not-to-exceed-price design-build and construction management contracts for juvenile ...
Notwithstanding the provisions of § 2.2-4306, but subject to the procedures adopted by the Secretary of Administration to implement the provisions of that section, the ...

2.2-4308 Design-build or construction management contracts for public bodies other than the Commonwealth; el...
A. While the competitive sealed bid process remains the preferred method of construction procurement for public bodies in the Commonwealth, any public body other than ...

2.2-4308.1 Purchase of owner-controlled insurance in construction projects.
A. Notwithstanding any other provision of law to the contrary, a public body may purchase at its expense an owner-controlled insurance program in connection with ...

2.2-4309 Modification of the contract
A. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five ...

2.2-4310 Discrimination prohibited; participation of small, women-, minority- and service disabled veteran-o...
A. In the solicitation or awarding of contracts, no public body shall discriminate against a bidder or offeror because of race, religion, color, sex, national ...

2.2-4311 Employment discrimination by contractor prohibited; required contract provisions
All public bodies shall include in every contract of more than $10,000 the following provisions: 1. During the performance of this contract, the contractor agrees ...

2.2-4311.1 Compliance with federal, state, and local laws and federal immigration law; required contract provi...
All public bodies shall provide in every written contract that the contractor does not, and shall not during the performance of the contract for goods ...

2.2-4312 Drug-free workplace to be maintained by contractor; required contract provisions
All public bodies shall include in every contract over $10,000 the following provisions: During the performance of this contract, the contractor agrees to (i) provide ...

2.2-4313 Petition for recycled goods and products; periodic review of procurement standards
A. Any person who believes that particular goods or products with recycled content are functionally equivalent to the same goods or products produced from virgin ...

2.2-4314 Petition for procurement of less toxic goods and products; periodic review of procurement standard...
A. As used in this section: "Goods and products" means goods and products that are used or consumed by an agency of the Commonwealth in ...

2.2-4315 Use of brand names
Unless otherwise provided in the Invitation to Bid, the name of a certain brand, make or manufacturer shall not restrict bidders to the specific brand, ...

2.2-4316 Comments concerning specifications
Every public body awarding public contracts shall establish procedures whereby comments concerning specifications or other provisions in Invitations to Bid or Requests for Proposal can ...

2.2-4317 Prequalification generally; prequalification for construction
A. Prospective contractors may be prequalified for particular types of supplies, services, insurance or construction, and consideration of bids or proposals limited to prequalified contractors. ...

2.2-4318 Negotiation with lowest responsible bidder
Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted, except that if the bid from the lowest ...

2.2-4319 Cancellation, rejection of bids; waiver of informalities
A. An Invitation to Bid, a Request for Proposal, any other solicitation, or any and all bids or proposals, may be canceled or rejected. The ...

2.2-4320 Exclusion of insurance bids prohibited
Notwithstanding any other provision of law, no insurer licensed to transact the business of insurance in the Commonwealth or approved to issue surplus lines insurance ...

2.2-4321 Debarment
Prospective contractors may be debarred from contracting for particular types of supplies, services, insurance or construction, for specified periods of time. Any debarment procedure shall ...

2.2-4321.1 Prohibited contracts; exceptions; determination by Department of Taxation; appeal; remedie...
A. No state agency shall contract for goods or services with a nongovernmental source if the source, or any affiliate of the source, is subject ...

2.2-4322 Acceptance of bids submitted to the Department of Transportation
In a procurement by the Department of Transportation by competitive sealed bidding for highway construction and maintenance contracts, the Department may accept bids in response ...

2.2-4323 Purchase programs for recycled goods; agency responsibilities
A. All state agencies shall implement a purchase program for recycled goods and shall coordinate their efforts so as to achieve the goals and objectives ...

2.2-4324 Preference for Virginia products with recycled content and for Virginia firms
A. In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services or construction provided by Virginia ...

2.2-4325 Preference for Virginia coal used in state facilities
In determining the award of any contract for coal to be purchased for use in state facilities with state funds, the Department of General Services ...

2.2-4326 Preference for recycled paper and paper products used by state agencies
A. In determining the award of any contract for paper and paper products to be purchased for use by agencies of the Commonwealth, the Department ...

2.2-4327 Preference for community reinvestment activities in contracts for investment of funds
Notwithstanding any other provision of law, any county, town, or city that is authorized to and has established affordable housing programs may provide by resolution ...

2.2-4328 Preference for local products and firms; applicability
A. The governing body of a county, city or town may, in the case of a tie bid, give preference to goods, services and construction ...

2.2-4329 Description unavailable
Expired. ...

2.2-4330 Withdrawal of bid due to error
A. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration ...

2.2-4331 Contract pricing arrangements
A. Except as prohibited in this section, public contracts may be awarded on a fixed price or cost reimbursement basis, or on any other basis ...

2.2-4332 Workers' compensation requirements for construction contractors and subcontractors
A. No contractor shall perform any work on a construction project of a department, agency or institution of the Commonwealth or any of its political ...

2.2-4333 Retainage on construction contracts
A. In any public contract for construction that provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be ...

2.2-4334 Deposit of certain retained funds on certain contracts with local governments; penalty for failure ...
A. Any county, city, town or agency thereof or other political subdivision of the Commonwealth when contracting directly with contractors for public contracts of $200,000 ...

2.2-4335 Public construction contract provisions barring damages for unreasonable delays declared voi...
A. Any provision contained in any public construction contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or ...

2.2-4336 Bid bonds
A. Except in cases of emergency, all bids or proposals for nontransportation-related construction contracts in excess of $100,000 or transportation-related projects authorized under § 33.1-12 ...

2.2-4337 Performance and payment bonds
A. Upon the award of any (i) public construction contract exceeding $100,000 awarded to any prime contractor; (ii) construction contract exceeding $100,000 awarded to any ...

2.2-4338 Alternative forms of security
A. In lieu of a bid, payment, or performance bond, a bidder may furnish a certified check or cash escrow in the face amount required ...

2.2-4339 Bonds on other than construction contracts
A public body may require bid, payment, or performance bonds for contracts for goods or services if provided in the Invitation to Bid or Request ...

2.2-4340 Action on performance bond
No action against the surety on a performance bond shall be brought unless within five years after completion of the work on the project to ...

2.2-4341 Actions on payment bonds; waiver of right to sue
A. Subject to the provisions of subsection B, any claimant who has performed labor or furnished material in accordance with the contract documents in furtherance ...

2.2-4342 Public inspection of certain records
A. Except as provided in this section, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection ...

2.2-4343 Exemption from operation of chapter for certain transactions
A. The provisions of this chapter shall not apply to: 1. The Virginia Port Authority in the exercise of any of its powers in accordance ...

2.2-4343.1 Permitted contracts with certain religious organizations; purpose; limitations
A. It is the intent of the General Assembly, in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, to ...

2.2-4344 Exemptions from competition for certain transactions
A. Any public body may enter into contracts without competition for: 1. The purchase of goods or services that are produced or performed by: a. ...

2.2-4345 Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; li...
A. The following public bodies may enter into contracts without competitive sealed bidding or competitive negotiation: 1. The Director of the Department of Medical Assistance ...

2.2-4346 Other exemptions for certain transactions
The following public bodies may enter into contracts as provided in this section. A. Contracts for certain essential election materials and services are exempted from ...

2.2-4347 Definitions
As used in this article, unless the context requires a different meaning: "Contractor" means the entity that has a direct contract with any "state agency" ...

2.2-4348 Exemptions
The provisions of this article shall not apply to the late payment provisions contained in any public utility tariffs prescribed by the State Corporation Commission. ...

2.2-4349 Retainage to remain valid
Notwithstanding the provisions of this article, the provisions of § 2.2-4333 relating to retainage shall remain valid. (1984, c. 736, § 11-62.8; 2001, c. 844.) ...

2.2-4350 Prompt payment of bills by state agencies
A. Every state agency that acquires goods or services, or conducts any other type of contractual business with nongovernmental, privately owned enterprises shall promptly pay ...

2.2-4351 Defect or impropriety in the invoice or goods and/or services received
In instances where there is a defect or impropriety in an invoice or in the goods or services received, the state agency shall notify the ...

2.2-4352 Prompt payment of bills by localities
Every agency of local government that acquires goods or services, or conducts any other type of contractual business with a nongovernmental, privately owned enterprise, shall ...

2.2-4353 Date of postmark deemed to be date payment is made
In those cases where payment is made by mail, the date of postmark shall be deemed to be the date payment is made for purposes ...

2.2-4354 Payment clauses to be included in contracts
Any contract awarded by any state agency, or any contract awarded by any agency of local government in accordance with § 2.2-4352, shall include: 1. ...

2.2-4355 Interest penalty; exceptions
A. Interest shall accrue, at the rate determined pursuant to subsection B, on all amounts owed by a state agency to a vendor that remain ...

2.2-4356 Comptroller to file annual report
The Comptroller shall file an annual report with the Governor, the Senate Committee on Finance, the House Committees on Finance and Appropriations on November 1 ...

2.2-4357 Ineligibility
A. Any bidder, offeror or contractor refused permission to participate, or disqualified from participation, in public contracts shall be notified in writing. Prior to the ...

2.2-4358 Appeal of denial of withdrawal of bid
A. A decision denying withdrawal of bid under the provisions of § 2.2-4330 shall be final and conclusive unless the bidder appeals the decision within ...

2.2-4359 Determination of nonresponsibility
A. Following public opening and announcement of bids received on an Invitation to Bid, the public body shall evaluate the bids in accordance with element ...

2.2-4360 Protest of award or decision to award
A. Any bidder or offeror, who desires to protest the award or decision to award a contract shall submit the protest in writing to the ...

2.2-4361 Effect of appeal upon contract
Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this chapter shall ...

2.2-4362 Stay of award during protest
An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a timely protest as ...

2.2-4363 Contractual disputes
A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice ...

2.2-4364 Legal actions
A. A bidder or offeror, actual or prospective, who is refused permission or disqualified from participation in bidding or competitive negotiation, or who is determined ...

2.2-4365 Administrative appeals procedure
A. A public body may establish an administrative procedure for hearing (i) protests of a decision to award or an award, (ii) appeals from refusals ...

2.2-4366 Alternative dispute resolution
Public bodies may enter into agreements to submit disputes arising from contracts entered into pursuant to this chapter to arbitration and utilize mediation and other ...

2.2-4367 Purpose
The provisions of this article supplement, but shall not supersede, other provisions of law including, but not limited to, the State and Local Government Conflict ...

2.2-4368 Definitions
As used in this article: "Immediate family" means a spouse, children, parents, brothers and sisters, and any other person living in the same household as ...

2.2-4369 Proscribed participation by public employees in procurement transactions
Except as may be specifically allowed by subdivisions A 2, 3 and 4 of § 2.2-3112, no public employee having official responsibility for a procurement ...

2.2-4370 Disclosure of subsequent employment
No public employee or former public employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the ...

2.2-4371 Prohibition on solicitation or acceptance of gifts; gifts by bidders, offerors, contractor or subco...
A. No public employee having official responsibility for a procurement transaction shall solicit, demand, accept, or agree to accept from a bidder, offeror, contractor or ...

2.2-4372 Kickbacks
A. No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a ...

2.2-4373 Participation in bid preparation; limitation on submitting bid for same procurement
No person who, for compensation, prepares an invitation to bid or request for proposal for or on behalf of a public body shall (i) submit ...

2.2-4374 Purchase of building materials, etc., from architect or engineer prohibited
A. No building materials, supplies or equipment for any building or structure constructed by or for a public body shall be sold by or purchased ...

2.2-4375 Certification of compliance required; penalty for false statements
A. Public bodies may require public employees having official responsibility for procurement transactions in which they participated to annually submit for such transactions a written ...

2.2-4376 Misrepresentations prohibited
No public employee having official responsibility for a procurement transaction shall knowingly falsify, conceal, or misrepresent a material fact; knowingly make any false, fictitious or ...

2.2-4377 Penalty for violation
Any person convicted of a willful violation of any provision of this article shall be guilty of a Class 1 misdemeanor. Upon conviction, any public ...