{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3106.html"}],"law_id":67390,"edition_id":1,"section_id":67390,"structure_id":16221,"section_number":"2.2-3106","catch_line":"Prohibited contracts by officers and employees of state government","history":"1987, Sp. Sess., c. 1, \u00a7 2.1-639.6; 1989, c. 74; 1991, c. 470; 1993, c. 876; 1995, c. 403; 1998, c. 838; 2001, c. 844; 2002, cc. 87, 478; 2003, c. 646; 2006, c. 839; 2013, c. 583; 2015, cc. 763, 777; 2016, cc. 773, 774; 2023, cc. 351, 352, 756, 778.","full_text":"A\n\nNo officer or employee of any governmental agency of state government shall have a personal interest in a contract with the governmental agency of which he is an officer or employee, other than his own contract of employment.B\n\nNo officer or employee of any governmental agency of state government shall have a personal interest in a contract with any other governmental agency of state government unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in § 2.2-4302.1 or 2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative head of the governmental agency that competitive bidding or negotiation is contrary to the best interest of the public.C\n\nThe provisions of this section shall not apply to:1\n\nAn employee’s personal interest in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided that the employee does not exercise any control over the employment or the employment activities of the member of his immediate family and the employee is not in a position to influence those activities;2\n\nThe personal interest of an officer or employee of a public institution of higher education in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided that (i) the officer or employee and the immediate family member are engaged in teaching, research, or administrative support positions at the educational institution; (ii) the governing board of the educational institution finds that it is in the best interests of the institution and the Commonwealth for such dual employment to exist; and (iii) after such finding, the governing board of the educational institution ensures that the officer or employee, or the immediate family member, does not have sole authority to supervise, evaluate, or make personnel decisions regarding the other;3\n\nAn officer’s or employee’s personal interest in a contract of employment with any other governmental agency of state government;4\n\nContracts for the sale by a governmental agency of services or goods at uniform prices available to the general public;5\n\nAn employee’s personal interest in a contract between a public institution of higher education in the Commonwealth and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials;6\n\nAn employee’s personal interest in a contract with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee, including manuscripts, musical scores, poetry, paintings, books or other materials, writings, or papers of an academic, research, or cultural value to the institution, provided that the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution’s public mission of service, research, or education;7\n\nSubject to approval by the board of visitors, an employee’s personal interest in a contract between a public institution of higher education in the Commonwealth that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education and of which such employee is a member or employee;8\n\nSubject to approval by the relevant board of visitors, an employee’s personal interest in a contract for research and development or commercialization of intellectual property between a public institution of higher education in the Commonwealth and a business in which the employee has a personal interest, if (i) the employee’s personal interest has been disclosed to and approved by such public institution of higher education prior to the time at which the contract is entered into; (ii) the employee promptly files a disclosure statement pursuant to § 2.2-3117 and thereafter files such statement annually on or before February 1; (iii) the institution has established a formal policy regarding such contracts, approved by the State Council of Higher Education for Virginia; and (iv) no later than December 31 of each year, the institution files an annual report with the Secretary of the Commonwealth disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution’s employee responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth; or9\n\nSubject to approval by the relevant board of visitors, an employee’s personal interest in a contract between a public institution of higher education in the Commonwealth and a business in which the employee has a personal interest, if (i) the personal interest has been disclosed to the institution prior to the time the contract is entered into; (ii) the employee files a disclosure statement pursuant to § 2.2-3117 and thereafter annually on or before February 1; (iii) the employee does not participate in the institution’s decision to contract; (iv) the president of the institution finds and certifies in writing that the contract is for goods and services needed for quality patient care, including related medical education or research, by the institution’s medical center, its affiliated teaching hospitals and other organizations necessary for the fulfillment of its mission, including the acquisition of drugs, therapies and medical technologies; and (v) no later than December 31 of each year, the institution files an annual report with the Secretary of the Commonwealth disclosing each open contract entered subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution’s employee responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth.D\n\nNotwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee’s personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Health Sciences Center at Old Dominion University pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Health Sciences Center at Old Dominion University to the Secretary of the Commonwealth by January 31 of each year of evidence of their compliance with such federal policies and regulations.E\n\nThe board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution’s employee responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, the details of how revenues are to be disbursed, and any other information requested by the board of visitors.","order_by":null,"text":{"0":{"id":244179,"text":"No officer or employee of any governmental agency of state government shall have a personal interest in a contract with the governmental agency of which he is an officer or employee, other than his own contract of employment.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244180,"text":"No officer or employee of any governmental agency of state government shall have a personal interest in a contract with any other governmental agency of state government unless such contract is (i) awarded as a result of competitive sealed bidding or competitive negotiation as set forth in § 2.2-4302.1 or 2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative head of the governmental agency that competitive bidding or negotiation is contrary to the best interest of the public.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244181,"text":"The provisions of this section shall not apply to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":244182,"text":"An employee’s personal interest in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided that the employee does not exercise any control over the employment or the employment activities of the member of his immediate family and the employee is not in a position to influence those activities;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":244183,"text":"The personal interest of an officer or employee of a public institution of higher education in additional contracts of employment with his own governmental agency that accrue to him because of a member of his immediate family, provided that (i) the officer or employee and the immediate family member are engaged in teaching, research, or administrative support positions at the educational institution; (ii) the governing board of the educational institution finds that it is in the best interests of the institution and the Commonwealth for such dual employment to exist; and (iii) after such finding, the governing board of the educational institution ensures that the officer or employee, or the immediate family member, does not have sole authority to supervise, evaluate, or make personnel decisions regarding the other;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":244184,"text":"An officer’s or employee’s personal interest in a contract of employment with any other governmental agency of state government;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":244185,"text":"Contracts for the sale by a governmental agency of services or goods at uniform prices available to the general public;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":244186,"text":"An employee’s personal interest in a contract between a public institution of higher education in the Commonwealth and a publisher or wholesaler of textbooks or other educational materials for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":244187,"text":"An employee’s personal interest in a contract with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee, including manuscripts, musical scores, poetry, paintings, books or other materials, writings, or papers of an academic, research, or cultural value to the institution, provided that the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution’s public mission of service, research, or education;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":244188,"text":"Subject to approval by the board of visitors, an employee’s personal interest in a contract between a public institution of higher education in the Commonwealth that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education and of which such employee is a member or employee;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":244189,"text":"Subject to approval by the relevant board of visitors, an employee’s personal interest in a contract for research and development or commercialization of intellectual property between a public institution of higher education in the Commonwealth and a business in which the employee has a personal interest, if (i) the employee’s personal interest has been disclosed to and approved by such public institution of higher education prior to the time at which the contract is entered into; (ii) the employee promptly files a disclosure statement pursuant to § 2.2-3117 and thereafter files such statement annually on or before February 1; (iii) the institution has established a formal policy regarding such contracts, approved by the State Council of Higher Education for Virginia; and (iv) no later than December 31 of each year, the institution files an annual report with the Secretary of the Commonwealth disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution’s employee responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth; or","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"11":{"id":244190,"text":"Subject to approval by the relevant board of visitors, an employee’s personal interest in a contract between a public institution of higher education in the Commonwealth and a business in which the employee has a personal interest, if (i) the personal interest has been disclosed to the institution prior to the time the contract is entered into; (ii) the employee files a disclosure statement pursuant to § 2.2-3117 and thereafter annually on or before February 1; (iii) the employee does not participate in the institution’s decision to contract; (iv) the president of the institution finds and certifies in writing that the contract is for goods and services needed for quality patient care, including related medical education or research, by the institution’s medical center, its affiliated teaching hospitals and other organizations necessary for the fulfillment of its mission, including the acquisition of drugs, therapies and medical technologies; and (v) no later than December 31 of each year, the institution files an annual report with the Secretary of the Commonwealth disclosing each open contract entered subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution’s employee responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth.","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"D"},"12":{"id":244191,"text":"Notwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee’s personal interest in a contract with a business is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Health Sciences Center at Old Dominion University pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Health Sciences Center at Old Dominion University to the Secretary of the Commonwealth by January 31 of each year of evidence of their compliance with such federal policies and regulations.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C9","next_prefix":"E"},"13":{"id":244192,"text":"The board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest, the institution’s employee responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, the details of how revenues are to be disbursed, and any other information requested by the board of visitors.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16221,"edition_id":1,"name":"Prohibited Conduct Relating to Contracts","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":14113,"metadata":{},"date_created":"2026-06-26 04:09:39","date_modified":"2026-06-26 04:09:39","permalink":{"id":176077,"object_type":"structure","relational_id":16221,"identifier":"3","token":"2.2\/I\/E\/31\/3","url":"\/2.2\/I\/E\/31\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14113,"edition_id":1,"name":"State and Local Government Conflict of Interests Act","identifier":"31","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:46:54","date_modified":"2026-06-26 03:46:54","permalink":{"id":176023,"object_type":"structure","relational_id":14113,"identifier":"31","token":"2.2\/I\/E\/31","url":"\/2.2\/I\/E\/31\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65048,"structure_id":16221,"section_number":"2.2-3105","catch_line":"Application","url":"\/2.2-3105\/","token":"2.2\/I\/E\/31\/3\/2.2-3105","metadata":false},{"id":67390,"structure_id":16221,"section_number":"2.2-3106","catch_line":"Prohibited contracts by officers and employees of state government","url":"\/2.2-3106\/","token":"2.2\/I\/E\/31\/3\/2.2-3106","metadata":false},{"id":82438,"structure_id":16221,"section_number":"2.2-3107","catch_line":"Prohibited contracts by members of county boards of supervisors, city councils and town councils","url":"\/2.2-3107\/","token":"2.2\/I\/E\/31\/3\/2.2-3107","metadata":false},{"id":73340,"structure_id":16221,"section_number":"2.2-3108","catch_line":"Prohibited contracts by members of school boards","url":"\/2.2-3108\/","token":"2.2\/I\/E\/31\/3\/2.2-3108","metadata":false},{"id":85558,"structure_id":16221,"section_number":"2.2-3109","catch_line":"Prohibited contracts by other officers and employees of local governmental agencies","url":"\/2.2-3109\/","token":"2.2\/I\/E\/31\/3\/2.2-3109","metadata":false},{"id":81799,"structure_id":16221,"section_number":"2.2-3109.1","catch_line":"Prohibited contracts; additional exclusions for contracts by officers and employees of hospital authorities","url":"\/2.2-3109.1\/","token":"2.2\/I\/E\/31\/3\/2.2-3109.1","metadata":false},{"id":74013,"structure_id":16221,"section_number":"2.2-3110","catch_line":"Further exceptions","url":"\/2.2-3110\/","token":"2.2\/I\/E\/31\/3\/2.2-3110","metadata":false}],"previous_section":{"id":65048,"structure_id":16221,"section_number":"2.2-3105","catch_line":"Application","url":"\/2.2-3105\/","token":"2.2\/I\/E\/31\/3\/2.2-3105","metadata":false},"next_section":{"id":82438,"structure_id":16221,"section_number":"2.2-3107","catch_line":"Prohibited contracts by members of county boards of supervisors, city councils and town councils","url":"\/2.2-3107\/","token":"2.2\/I\/E\/31\/3\/2.2-3107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3106\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 74; in 1991, chapter 470; in 1993, chapter 876; in 1995, chapter 403<\/a>; in 1998, chapter 838<\/a>; in 2001, chapter 844<\/a>; in 2002, chapters 87<\/a> and 478<\/a>; in 2003, chapter 646<\/a>; in 2006, chapter 839<\/a>; in 2013, chapter 583<\/a>; in 2015, chapters 763<\/a> and 777<\/a>; in 2016, chapters 773<\/a> and 774<\/a>; in 2023, chapters 351<\/a>, 352<\/a>, 756<\/a>, and 778<\/a>.<\/p>","references":[{"id":74013,"section_number":"2.2-3110","catch_line":"Further exceptions","order_by":null,"url":"\/2.2-3110\/"},{"id":86218,"section_number":"2.2-3123","catch_line":"Invalidation of contract; recision of sales","order_by":null,"url":"\/2.2-3123\/"}],"refers_to":[{"id":59503,"section_number":"2.2-3117","catch_line":"Disclosure form","order_by":null,"url":"\/2.2-3117\/"},{"id":61316,"section_number":"2.2-4302.1","catch_line":"Process for competitive sealed bidding","order_by":null,"url":"\/2.2-4302.1\/"},{"id":80758,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","order_by":null,"url":"\/2.2-4302.2\/"}],"permalink":{"id":176083,"object_type":"law","relational_id":67390,"identifier":"2.2-3106","token":"2.2\/I\/E\/31\/3\/2.2-3106","url":"\/2.2-3106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3106\/","token":"2.2\/I\/E\/31\/3\/2.2-3106","dublin_core":{"Title":"Prohibited contracts by officers and employees of state government","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No officer<\/span> or employee<\/span> of any governmental agency<\/span> of state government shall have a personal interest in a contract<\/span> with the governmental agency<\/span> of which he is an officer<\/span> or employee<\/span>, other than his own contract of employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No officer<\/span> or employee<\/span> of any governmental agency<\/span> of state government shall have a personal interest in a contract<\/span> with any other governmental agency<\/span> of state government unless such contract is (i) awarded as a result of competitive sealed<\/span> bidding or competitive negotiation as set forth in § 2.2-4302.1<\/a> or 2.2-4302.2<\/a> or (ii) is awarded after a finding<\/span>, in writing, by the administrative head of the governmental agency<\/span> that competitive bidding or negotiation is contrary to the best interest of the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An employee<\/span>’s personal interest in additional contracts<\/span> of employment with his own governmental agency<\/span> that accrue to him because of a member of his immediate family<\/span>, provided that the employee<\/span> does not exercise any control over the employment or the employment activities of the member of his immediate family<\/span> and the employee<\/span> is not in a position to influence those activities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The personal interest of an officer<\/span> or employee<\/span> of a public institution of higher education in additional contracts<\/span> of employment with his own governmental agency<\/span> that accrue to him because of a member of his immediate family<\/span>, provided that (i) the officer<\/span> or employee<\/span> and the immediate family<\/span> member are engaged in teaching, research, or administrative support positions at the educational institution; (ii) the governing board of the educational institution finds that it is in the best interests of the institution and the Commonwealth for such dual employment to exist; and (iii) after such finding<\/span>, the governing board of the educational institution ensures that the officer<\/span> or employee<\/span>, or the immediate family<\/span> member, does not have sole authority to supervise, evaluate, or make personnel decisions regarding the other; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An officer<\/span>’s or employee<\/span>’s personal interest in a contract<\/span> of employment with any other governmental agency<\/span> of state government; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Contracts<\/span> for the sale by a governmental agency<\/span> of services or goods at uniform prices available to the general public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An employee<\/span>’s personal interest in a contract<\/span> between a public institution of higher education in the Commonwealth and a publisher or wholesaler of textbooks or other educational materials<\/span> for students, which accrues to him solely because he has authored or otherwise created such textbooks or materials<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> An employee<\/span>’s personal interest in a contract<\/span> with his or her employing public institution of higher education to acquire the collections or scholarly works owned by the employee<\/span>, including manuscripts, musical scores, poetry, paintings, books or other materials<\/span>, writings, or papers of an academic, research, or cultural value to the institution, provided that the president of the institution approves the acquisition of such collections or scholarly works as being in the best interests of the institution’s public mission of service, research, or education; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Subject to approval by the board of visitors, an employee<\/span>’s personal interest in a contract<\/span> between a public institution of higher education in the Commonwealth that operates a school of medicine or dentistry and a not-for-profit nonstock corporation that operates a clinical practice within such public institution of higher education and of which such employee<\/span> is a member or employee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Subject to approval by the relevant board of visitors, an employee<\/span>’s personal interest in a contract<\/span> for research and development or commercialization of intellectual property between a public institution of higher education in the Commonwealth and a business<\/span> in which the employee<\/span> has a personal interest, if (i) the employee<\/span>’s personal interest has been disclosed to and approved by such public institution of higher education prior to the time at which the contract is entered into; (ii) the employee<\/span> promptly files a disclosure statement<\/span> pursuant to § 2.2-3117<\/a> and thereafter files such statement annually on or before February 1; (iii) the institution has established a formal policy regarding such contracts<\/span>, approved by the State Council<\/span> of Higher Education for Virginia; and (iv) no later than December 31 of each year, the institution files an annual report with the Secretary of the Commonwealth disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest<\/span>, the institution’s employee<\/span> responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Subject to approval by the relevant board of visitors, an employee<\/span>’s personal interest in a contract<\/span> between a public institution of higher education in the Commonwealth and a business<\/span> in which the employee<\/span> has a personal interest, if (i) the personal interest has been disclosed to the institution prior to the time the contract is entered into; (ii) the employee<\/span> files a disclosure statement<\/span> pursuant to § 2.2-3117<\/a> and thereafter annually on or before February 1; (iii) the employee<\/span> does not participate in the institution’s decision to contract; (iv) the president of the institution finds and certifies in writing that the contract is for goods and services needed for quality patient care, including related medical education or research, by the institution’s medical center, its affiliated teaching hospitals and other organizations necessary for the fulfillment of its mission, including the acquisition of drugs, therapies and medical technologies; and (v) no later than December 31 of each year, the institution files an annual report with the Secretary of the Commonwealth disclosing each open contract entered subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest<\/span>, the institution’s employee<\/span> responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, and any other information requested by the Secretary of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subdivisions C 8 and C 9, if the research and development or commercialization of intellectual property or the employee<\/span>’s personal interest in a contract<\/span> with a business<\/span> is subject to policies and regulations governing conflicts of interest promulgated by any agency of the United States government, including the adoption of policies requiring the disclosure and management of such conflicts of interests, the policies established by the Eastern Virginia Health Sciences Center at Old Dominion University pursuant to such federal requirements shall constitute compliance with subdivisions C 8 and C 9, upon notification by the Eastern Virginia Health Sciences Center at Old Dominion University to the Secretary of the Commonwealth by January 31 of each year of evidence<\/span> of their compliance with such federal policies and regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The board of visitors may delegate the authority granted under subdivision C 8 to the president of the institution. If the board elects to delegate such authority, the board shall include this delegation of authority in the formal policy required by clause (iii) of subdivision C 8. In those instances where the board has delegated such authority, on or before December 1 of each year, the president of the relevant institution shall file a report with the relevant board of visitors disclosing each open contract entered into subject to this provision, the names of the parties to each contract, the date each contract was executed and its term, the subject of each contractual arrangement, the nature of the conflict of interest<\/span>, the institution’s employee<\/span> responsible for administering each contract, the details of the institution’s commitment or investment of resources or finances for each contract, the details of how revenues are to be disbursed, and any other information requested by the board of visitors. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED CONTRACTS BY OFFICERS AND EMPLOYEES OF STATE GOVERNMENT (\u00a7 2.2-3106)\n\nA. No officer or employee of any governmental agency of state government shall\nhave a personal interest in a contract with the governmental agency of which he\nis an officer or employee, other than his own contract of employment.\n\nB. No officer or employee of any governmental agency of state government shall\nhave a personal interest in a contract with any other governmental agency of\nstate government unless such contract is (i) awarded as a result of competitive\nsealed bidding or competitive negotiation as set forth in § 2.2-4302.1 or\n2.2-4302.2 or (ii) is awarded after a finding, in writing, by the administrative\nhead of the governmental agency that competitive bidding or negotiation is\ncontrary to the best interest of the public.\n\nC. The provisions of this section shall not apply to:\n\n 1. An employee’s personal interest in additional contracts of employment\n with his own governmental agency that accrue to him because of a member of his\n immediate family, provided that the employee does not exercise any control\n over the employment or the employment activities of the member of his\n immediate family and the employee is not in a position to influence those\n activities;\n\n 2. The personal interest of an officer or employee of a public institution of\n higher education in additional contracts of employment with his own\n governmental agency that accrue to him because of a member of his immediate\n family, provided that (i) the officer or employee and the immediate family\n member are engaged in teaching, research, or administrative support positions\n at the educational institution; (ii) the governing board of the educational\n institution finds that it is in the best interests of the institution and the\n Commonwealth for such dual employment to exist; and (iii) after such finding,\n the governing board of the educational institution ensures that the officer or\n employee, or the immediate family member, does not have sole authority to\n supervise, evaluate, or make personnel decisions regarding the other;\n\n 3. An officer’s or employee’s personal interest in a contract of\n employment with any other governmental agency of state government;\n\n 4. Contracts for the sale by a governmental agency of services or goods at\n uniform prices available to the general public;\n\n 5. An employee’s personal interest in a contract between a public\n institution of higher education in the Commonwealth and a publisher or\n wholesaler of textbooks or other educational materials for students, which\n accrues to him solely because he has authored or otherwise created such\n textbooks or materials;\n\n 6. An employee’s personal interest in a contract with his or her\n employing public institution of higher education to acquire the collections or\n scholarly works owned by the employee, including manuscripts, musical scores,\n poetry, paintings, books or other materials, writings, or papers of an\n academic, research, or cultural value to the institution, provided that the\n president of the institution approves the acquisition of such collections or\n scholarly works as being in the best interests of the institution’s\n public mission of service, research, or education;\n\n 7. Subject to approval by the board of visitors, an employee’s personal\n interest in a contract between a public institution of higher education in the\n Commonwealth that operates a school of medicine or dentistry and a\n not-for-profit nonstock corporation that operates a clinical practice within\n such public institution of higher education and of which such employee is a\n member or employee;\n\n 8. Subject to approval by the relevant board of visitors, an employee’s\n personal interest in a contract for research and development or\n commercialization of intellectual property between a public institution of\n higher education in the Commonwealth and a business in which the employee has\n a personal interest, if (i) the employee’s personal interest has been\n disclosed to and approved by such public institution of higher education prior\n to the time at which the contract is entered into; (ii) the employee promptly\n files a disclosure statement pursuant to § 2.2-3117 and thereafter files\n such statement annually on or before February 1; (iii) the institution has\n established a formal policy regarding such contracts, approved by the State\n Council of Higher Education for Virginia; and (iv) no later than December 31\n of each year, the institution files an annual report with the Secretary of the\n Commonwealth disclosing each open contract entered into subject to this\n provision, the names of the parties to each contract, the date each contract\n was executed and its term, the subject of each contractual arrangement, the\n nature of the conflict of interest, the institution’s employee\n responsible for administering each contract, the details of the\n institution’s commitment or investment of resources or finances for each\n contract, and any other information requested by the Secretary of the\n Commonwealth; or\n\n 9. Subject to approval by the relevant board of visitors, an employee’s\n personal interest in a contract between a public institution of higher\n education in the Commonwealth and a business in which the employee has a\n personal interest, if (i) the personal interest has been disclosed to the\n institution prior to the time the contract is entered into; (ii) the employee\n files a disclosure statement pursuant to § 2.2-3117 and thereafter\n annually on or before February 1; (iii) the employee does not participate in\n the institution’s decision to contract; (iv) the president of the\n institution finds and certifies in writing that the contract is for goods and\n services needed for quality patient care, including related medical education\n or research, by the institution’s medical center, its affiliated\n teaching hospitals and other organizations necessary for the fulfillment of\n its mission, including the acquisition of drugs, therapies and medical\n technologies; and (v) no later than December 31 of each year, the institution\n files an annual report with the Secretary of the Commonwealth disclosing each\n open contract entered subject to this provision, the names of the parties to\n each contract, the date each contract was executed and its term, the subject\n of each contractual arrangement, the nature of the conflict of interest, the\n institution’s employee responsible for administering each contract, the\n details of the institution’s commitment or investment of resources or\n finances for each contract, and any other information requested by the\n Secretary of the Commonwealth.\n\nD. Notwithstanding the provisions of subdivisions C 8 and C 9, if the research\nand development or commercialization of intellectual property or the\nemployee’s personal interest in a contract with a business is subject to\npolicies and regulations governing conflicts of interest promulgated by any\nagency of the United States government, including the adoption of policies\nrequiring the disclosure and management of such conflicts of interests, the\npolicies established by the Eastern Virginia Health Sciences Center at Old\nDominion University pursuant to such federal requirements shall constitute\ncompliance with subdivisions C 8 and C 9, upon notification by the Eastern\nVirginia Health Sciences Center at Old Dominion University to the Secretary of\nthe Commonwealth by January 31 of each year of evidence of their compliance with\nsuch federal policies and regulations.\n\nE. The board of visitors may delegate the authority granted under subdivision C\n8 to the president of the institution. If the board elects to delegate such\nauthority, the board shall include this delegation of authority in the formal\npolicy required by clause (iii) of subdivision C 8. In those instances where the\nboard has delegated such authority, on or before December 1 of each year, the\npresident of the relevant institution shall file a report with the relevant\nboard of visitors disclosing each open contract entered into subject to this\nprovision, the names of the parties to each contract, the date each contract was\nexecuted and its term, the subject of each contractual arrangement, the nature\nof the conflict of interest, the institution’s employee responsible for\nadministering each contract, the details of the institution’s commitment\nor investment of resources or finances for each contract, the details of how\nrevenues are to be disbursed, and any other information requested by the board\nof visitors.\n\nHISTORY: 1987, Sp. Sess., c. 1, \u00a7 2.1-639.6; 1989, c. 74; 1991, c. 470; 1993,\nc. 876; 1995, c. 403; 1998, c. 838; 2001, c. 844; 2002, cc. 87, 478; 2003, c.\n646; 2006, c. 839; 2013, c. 583; 2015, cc. 763, 777; 2016, cc. 773, 774; 2023,\ncc. 351, 352, 756, 778.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}