Virginia Public Procurement Act

This is Chapter 43 of the Code of Virginia, titled “Virginia Public Procurement Act.” It is part of Title 2.2, titled “Administration of Government.” It’s comprised of the following 87 sections.

§ 2.2-4300
Short title; purpose; declaration of intent.
§ 2.2-4301
Definitions.
§ 2.2-4302
Implementation.
§ 2.2-4303
Methods of procurement.
§ 2.2-4304
Cooperative procurement.
§ 2.2-4305
Competitive procurement by localities on state-aid projects.
§ 2.2-4306
Design-build or construction management contracts for Commonwealth authorized.
§ 2.2-4307
Fixed-price or not-to-exceed-price design-build and construction management contracts for juvenile correctional facilities authorized.
§ 2.2-4308
Design-build or construction management contracts for public bodies other than the Commonwealth; eligibility requirements; award of contract; records to be kept.
§ 2.2-4308.1
Purchase of owner-controlled insurance in construction projects.
§ 2.2-4308.2
(Effective December 1, 2013) Registration and use of federal employment eligibility verification program required; debarment.
§ 2.2-4309
Modification of the contract.
§ 2.2-4310
Discrimination prohibited; participation of small, women-, minority- and service disabled veteran-owned business.
§ 2.2-4311
Employment discrimination by contractor prohibited; required contract provisions.
§ 2.2-4311.1
Compliance with federal, state, and local laws and federal immigration law; required contract provisions.
§ 2.2-4311.2
Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth.
§ 2.2-4312
Drug-free workplace to be maintained by contractor; required contract provisions.
§ 2.2-4313
Petition for recycled goods and products; periodic review of procurement standards.
§ 2.2-4314
Petition for procurement of less toxic goods and products; periodic review of procurement standards.
§ 2.2-4315
Use of brand names.
§ 2.2-4316
Comments concerning specifications.
§ 2.2-4317
(Effective until December 1, 2013) Prequalification generally; prequalification for construction.
§ 2.2-4318
Negotiation with lowest responsible bidder.
§ 2.2-4319
Cancellation, rejection of bids; waiver of informalities.
§ 2.2-4320
Exclusion of insurance bids prohibited.
§ 2.2-4321
Debarment.
§ 2.2-4321.1
Prohibited contracts; exceptions; determination by Department of Taxation; appeal; remedies.
§ 2.2-4321.2
Public works contract requirements.
§ 2.2-4322
Acceptance of bids submitted to the Department of Transportation.
§ 2.2-4323
Purchase programs for recycled goods; agency responsibilities.
§ 2.2-4324
Preference for Virginia products with recycled content and for Virginia firms.
§ 2.2-4325
Preference for Virginia coal used in state facilities.
§ 2.2-4326
Preference for recycled paper and paper products used by state agencies.
§ 2.2-4327
Preference for community reinvestment activities in contracts for investment of funds.
§ 2.2-4328
Preference for local products and firms; applicability.
§ 2.2-4329
[Untitled]
§ 2.2-4329.1
Energy forward pricing mechanisms.
§ 2.2-4330
Withdrawal of bid due to error.
§ 2.2-4331
Contract pricing arrangements.
§ 2.2-4332
Workers' compensation requirements for construction contractors and subcontractors.
§ 2.2-4333
Retainage on construction contracts.
§ 2.2-4334
Deposit of certain retained funds on certain contracts with local governments; penalty for failure to timely complete.
§ 2.2-4335
Public construction contract provisions barring damages for unreasonable delays declared void.
§ 2.2-4336
Bid bonds.
§ 2.2-4337
Performance and payment bonds.
§ 2.2-4338
Alternative forms of security.
§ 2.2-4339
Bonds on other than construction contracts.
§ 2.2-4340
Action on performance bond.
§ 2.2-4341
Actions on payment bonds; waiver of right to sue.
§ 2.2-4342
Public inspection of certain records.
§ 2.2-4343
Exemption from operation of chapter for certain transactions.
§ 2.2-4343.1
Permitted contracts with certain religious organizations; purpose; limitations.
§ 2.2-4344
Exemptions from competition for certain transactions.
§ 2.2-4345
Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations.
§ 2.2-4346
Other exemptions for certain transactions.
§ 2.2-4347
Definitions.
§ 2.2-4348
Exemptions.
§ 2.2-4349
Retainage to remain valid.
§ 2.2-4350
Prompt payment of bills by state agencies.
§ 2.2-4351
Defect or impropriety in the invoice or goods and/or services received.
§ 2.2-4352
Prompt payment of bills by localities.
§ 2.2-4353
Date of postmark deemed to be date payment is made.
§ 2.2-4354
Payment clauses to be included in contracts.
§ 2.2-4355
Interest penalty; exceptions.
§ 2.2-4356
Comptroller to file annual report.
§ 2.2-4357
Ineligibility.
§ 2.2-4358
Appeal of denial of withdrawal of bid.
§ 2.2-4359
Determination of nonresponsibility.
§ 2.2-4360
Protest of award or decision to award.
§ 2.2-4361
Effect of appeal upon contract.
§ 2.2-4362
Stay of award during protest.
§ 2.2-4363
Contractual disputes.
§ 2.2-4364
Legal actions.
§ 2.2-4365
Administrative appeals procedure.
§ 2.2-4366
Alternative dispute resolution.
§ 2.2-4367
Purpose.
§ 2.2-4368
Definitions.
§ 2.2-4369
Proscribed participation by public employees in procurement transactions.
§ 2.2-4370
Disclosure of subsequent employment.
§ 2.2-4371
Prohibition on solicitation or acceptance of gifts; gifts by bidders, offerors, contractor or subcontractors prohibited.
§ 2.2-4372
Kickbacks.
§ 2.2-4373
Participation in bid preparation; limitation on submitting bid for same procurement.
§ 2.2-4374
Purchase of building materials, etc., from architect or engineer prohibited.
§ 2.2-4375
Certification of compliance required; penalty for false statements.
§ 2.2-4376
Misrepresentations prohibited.
§ 2.2-4376.1
Contributions and gifts; prohibition during procurement process.
§ 2.2-4377
Penalty for violation.