Code of Virginia
Chapter 43 - Virginia Public Procurement Act
§ 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 the requirements of Articles 1 (§ 2.2-4300 et seq.), 2 (§ 2.2-4303 et seq.), and 5 (§ 2.2-4357 et seq.) of this chapter pursuant to § 24.2-602.
B. Any local school board may authorize any of its public schools or its school division to enter into contracts providing that caps and gowns, photographs, class rings, yearbooks and graduation announcements will be available for purchase or rental by students, parents, faculty or other persons using nonpublic money through the use of competitive negotiation as provided in this chapter; competitive sealed bidding is not necessarily required for such contracts. The Superintendent of Public Instruction may provide assistance to public school systems regarding this chapter and other related laws.
C. The Virginia Racing Commission may designate an entity to administer and promote the Virginia Breeders Fund created pursuant to § 59.1-372 without competitive procurement.
1982, c. 647, §§ 11-41, 11-45; 1984, c. 764; 1985, c. 164; 1986, cc. 332, 559; 1987, cc. 194, 248, 456; 1988, cc. 40, 640; 1989, cc. 235, 296; 1990, c. 395; 1991, cc. 73, 175; 1992, c. 105, § 11-40.3; 1993, cc. 110, 242, 505, 638, 971; 1996, cc. 145, 827, 897, 902, 950, 965, 1019, 1038; 1998, c. 222, 619, 666, 697, 791; 1999, cc. 160, 178, 194, 1021, 1024; 2000, cc. 242, 637, 647, 664, 692, 696, 927; 2001, c. 844.

Structure Code of Virginia

Code of Virginia

Title 2.2 - Administration of Government

Chapter 43 - Virginia Public Procurement Act

§ 2.2-4300. Short title; purpose; declaration of intent

§ 2.2-4301. Definitions

§ 2.2-4302. Implementation

§ 2.2-4302.1. Process for competitive sealed bidding

§ 2.2-4302.2. Process for competitive negotiation

§ 2.2-4303. (Effective until July 1, 2023) Methods of procurement

§ 2.2-4303. (Effective July 1, 2023) Methods of procurement

§ 2.2-4303.01. High-risk contracts; definition; review

§ 2.2-4303.1. Architectural and professional engineering term contracting; limitations

§ 2.2-4303.2. Job order contracting; limitations

§ 2.2-4304. Joint and cooperative procurement

§ 2.2-4305. Competitive procurement by localities on state-aid projects

§ 2.2-4306. Repealed

§ 2.2-4308.1. Purchase of owner-controlled insurance in construction projects

§ 2.2-4308.2. 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-owned, minority-owned, and service disabled veteran-owned businesses and employment services organizations

§ 2.2-4310.1. Awards as a result of any authorized enhancement or remedial measure; requirements

§ 2.2-4310.2. Executive branch agency's goals for participation by small businesses; requirements

§ 2.2-4310.3. Fiscal data pertaining to certain enhancement or remedial measures

§ 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. 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 contracts; project labor agreements authorized

§ 2.2-4321.3. Payment of prevailing wage for work performed on public works contracts; penalty

§ 2.2-4322. Acceptance of bids submitted to the Department of Transportation

§ 2.2-4323. Purchase programs for recycled goods; agency responsibilities

§ 2.2-4323.1. Purchase of flags of the United States and the Commonwealth by public bodies

§ 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

§ 2.2-4328.1. Preference for energy-efficient and water-efficient goods

§ 2.2-4328.2. Purchase of personal protective equipment by state agencies

§ 2.2-4329. Expired

§ 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; construction contracts

§ 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

§ 2.2-4340.1. Statute of limitations on construction contracts

§ 2.2-4340.2. Statute of limitations on architectural and engineering contracts

§ 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

§ 2.2-4350.1. Prohibition on payment without an appropriation; prohibition on IOUs

§ 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. (Effective until January 1, 2023) Payment clauses to be included in contracts

§ 2.2-4354. (Effective January 1, 2023) 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

§ 2.2-4376.2. (Effective until July 1, 2027) Disclosure of contributions and gifts during procurement process; civil penalty

§ 2.2-4377. Penalty for violation