{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4301.html"}],"law_id":83635,"edition_id":1,"section_id":83635,"structure_id":15863,"section_number":"2.2-4301","catch_line":"Definitions","history":"1982, c. 647, \u00a7 11-37; 1984, cc. 279, 764; 1985, c. 164; 1987, cc. 176, 218, 474; 1989, cc. 309, 323; 1991, c. 559; 1996, cc. 460, 683; 2000, cc. 621, 638, 643, 644, 647, 665, 692, 703; 2001, cc. 395, 675, 844; 2003, cc. 185, 644, 895, 994, 1006; 2004, c. 458; 2006, c. 206; 2008, c. 371; 2009, cc. 495, 562, 564; 2010, c. 440; 2011, cc. 24, 332, 555; 2012, c. 632; 2013, cc. 482, 518, 540, 543, 583; 2015, cc. 760, 776; 2017, cc. 699, 704.","full_text":"As used in this chapter:\n\t\t“Affiliate” means an individual or business that controls, is controlled by, or is under common control with another individual or business. A person controls an entity if the person owns, directly or indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition “voting security” means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general partnership interest shall be deemed to be a voting security.\n\t\t“Best value,” as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body’s needs.\n\t\t“Business” means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit.\n\t\t“Competitive negotiation” is the method of contractor selection set forth in \u00a7 2.2-4302.2.\n\t\t“Competitive sealed bidding” is the method of contractor selection set forth in \u00a7 2.2-4302.1.\n\t\t“Construction” means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property.\n\t\t“Construction management contract” means the same as that term is defined in \u00a7 2.2-4379.\n\t\t“Design-build contract” means the same as that term is defined in \u00a7 2.2-4379.\n\t\t“Employment services organization” means an organization that provides employment services to individuals with disabilities that is an approved Commission on the Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services.\n\t\t“Goods” means all material, equipment, supplies, printing, and automated data processing hardware and software.\n\t\t“Informality” means a minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid, or the Request for Proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.\n\t\t“Job order contracting” means a method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities, and specifications in the book as the basis of its pricing. The contractor may be selected through either competitive sealed bidding or competitive negotiation depending on the needs of the public body procuring the construction services. A minimum amount of work may be specified in the contract. The contract term and the project amount shall not exceed the limitations specified in \u00a7 2.2-4303.2.\n\t\t“Multiphase professional services contract” means a contract for the providing of professional services where the total scope of work of the second or subsequent phase of the contract cannot be specified without the results of the first or prior phase of the contract.\n\t\t“Nonprofessional services” means any services not specifically identified as professional services in the definition of professional services.\n\t\t“Potential bidder or offeror,” for the purposes of \u00a7\u00a7 2.2-4360 and 2.2-4364, means a person who, at the time a public body negotiates and awards or proposes to award a contract, is engaged in the sale or lease of goods, or the sale of services, insurance or construction, of the type to be procured under the contract, and who at such time is eligible and qualified in all respects to perform that contract, and who would have been eligible and qualified to submit a bid or proposal had the contract been procured through competitive sealed bidding or competitive negotiation.\n\t\t“Professional services” means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. “Professional services” shall also include the services of an economist procured by the State Corporation Commission.\n\t\t“Public body” means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. “Public body” shall include (i) any independent agency of the Commonwealth, and (ii) any metropolitan planning organization or planning district commission which operates exclusively within the Commonwealth of Virginia.\n\t\t“Public contract” means an agreement between a public body and a nongovernmental source that is enforceable in a court of law.\n\t\t“Responsible bidder” or “offeror” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.\n\t\t“Responsive bidder” means a person who has submitted a bid that conforms in all material respects to the Invitation to Bid.\n\t\t“Reverse auctioning” means a procurement method wherein bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. During the bidding process, bidders’ prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for bid opening.\n\t\t“Services” means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies.","order_by":null,"text":{"0":{"id":299766,"text":"As used in this chapter:\n\t\t“Affiliate” means an individual or business that controls, is controlled by, or is under common control with another individual or business. A person controls an entity if the person owns, directly or indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition “voting security” means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general partnership interest shall be deemed to be a voting security.\n\t\t“Best value,” as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body’s needs.\n\t\t“Business” means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit.\n\t\t“Competitive negotiation” is the method of contractor selection set forth in \u00a7 2.2-4302.2.\n\t\t“Competitive sealed bidding” is the method of contractor selection set forth in \u00a7 2.2-4302.1.\n\t\t“Construction” means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property.\n\t\t“Construction management contract” means the same as that term is defined in \u00a7 2.2-4379.\n\t\t“Design-build contract” means the same as that term is defined in \u00a7 2.2-4379.\n\t\t“Employment services organization” means an organization that provides employment services to individuals with disabilities that is an approved Commission on the Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services.\n\t\t“Goods” means all material, equipment, supplies, printing, and automated data processing hardware and software.\n\t\t“Informality” means a minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid, or the Request for Proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.\n\t\t“Job order contracting” means a method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities, and specifications in the book as the basis of its pricing. The contractor may be selected through either competitive sealed bidding or competitive negotiation depending on the needs of the public body procuring the construction services. A minimum amount of work may be specified in the contract. The contract term and the project amount shall not exceed the limitations specified in \u00a7 2.2-4303.2.\n\t\t“Multiphase professional services contract” means a contract for the providing of professional services where the total scope of work of the second or subsequent phase of the contract cannot be specified without the results of the first or prior phase of the contract.\n\t\t“Nonprofessional services” means any services not specifically identified as professional services in the definition of professional services.\n\t\t“Potential bidder or offeror,” for the purposes of \u00a7\u00a7 2.2-4360 and 2.2-4364, means a person who, at the time a public body negotiates and awards or proposes to award a contract, is engaged in the sale or lease of goods, or the sale of services, insurance or construction, of the type to be procured under the contract, and who at such time is eligible and qualified in all respects to perform that contract, and who would have been eligible and qualified to submit a bid or proposal had the contract been procured through competitive sealed bidding or competitive negotiation.\n\t\t“Professional services” means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. “Professional services” shall also include the services of an economist procured by the State Corporation Commission.\n\t\t“Public body” means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. “Public body” shall include (i) any independent agency of the Commonwealth, and (ii) any metropolitan planning organization or planning district commission which operates exclusively within the Commonwealth of Virginia.\n\t\t“Public contract” means an agreement between a public body and a nongovernmental source that is enforceable in a court of law.\n\t\t“Responsible bidder” or “offeror” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.\n\t\t“Responsive bidder” means a person who has submitted a bid that conforms in all material respects to the Invitation to Bid.\n\t\t“Reverse auctioning” means a procurement method wherein bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. During the bidding process, bidders’ prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for bid opening.\n\t\t“Services” means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15863,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 04:00:48","date_modified":"2026-06-26 04:00:48","permalink":{"id":176991,"object_type":"structure","relational_id":15863,"identifier":"1","token":"2.2\/II\/B\/43\/1","url":"\/2.2\/II\/B\/43\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12752,"edition_id":1,"name":"Virginia Public Procurement Act","identifier":"43","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176989,"object_type":"structure","relational_id":12752,"identifier":"43","token":"2.2\/II\/B\/43","url":"\/2.2\/II\/B\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","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":70034,"structure_id":15863,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","url":"\/2.2-4300\/","token":"2.2\/II\/B\/43\/1\/2.2-4300","metadata":false},{"id":83635,"structure_id":15863,"section_number":"2.2-4301","catch_line":"Definitions","url":"\/2.2-4301\/","token":"2.2\/II\/B\/43\/1\/2.2-4301","metadata":false},{"id":71269,"structure_id":15863,"section_number":"2.2-4302","catch_line":"Implementation","url":"\/2.2-4302\/","token":"2.2\/II\/B\/43\/1\/2.2-4302","metadata":false},{"id":61316,"structure_id":15863,"section_number":"2.2-4302.1","catch_line":"Process for competitive sealed bidding","url":"\/2.2-4302.1\/","token":"2.2\/II\/B\/43\/1\/2.2-4302.1","metadata":false},{"id":80758,"structure_id":15863,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","url":"\/2.2-4302.2\/","token":"2.2\/II\/B\/43\/1\/2.2-4302.2","metadata":false}],"previous_section":{"id":70034,"structure_id":15863,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","url":"\/2.2-4300\/","token":"2.2\/II\/B\/43\/1\/2.2-4300","metadata":false},"next_section":{"id":71269,"structure_id":15863,"section_number":"2.2-4302","catch_line":"Implementation","url":"\/2.2-4302\/","token":"2.2\/II\/B\/43\/1\/2.2-4302","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4301\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 647 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 19 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 1984, chapters 279 and 764; in 1985, chapter 164; in 1987, chapters 176, 218, and 474; in 1989, chapters 309 and 323; in 1991, chapter 559; in 1996, chapters 460<\/a> and 683<\/a>; in 2000, chapters 621<\/a>, 638<\/a>, 643<\/a>, 644<\/a>, 647<\/a>, 665<\/a>, 692<\/a>, and 703<\/a>; in 2001, chapters 395<\/a>, 675<\/a>, and 844<\/a>; in 2003, chapters 185<\/a>, 644<\/a>, 895<\/a>, 994<\/a>, and 1006<\/a>; in 2004, chapter 458<\/a>; in 2006, chapter 206<\/a>; in 2008, chapter 371<\/a>; in 2009, chapters 495<\/a>, 562<\/a>, and 564<\/a>; in 2010, chapter 440<\/a>; in 2011, chapters 24<\/a>, 332<\/a>, and 555<\/a>; in 2012, chapter 632<\/a>; in 2013, chapters 482<\/a>, 518<\/a>, 540<\/a>, 543<\/a>, and 583<\/a>; in 2015, chapters 760<\/a> and 776<\/a>; in 2017, chapters 699<\/a> and 704<\/a>.<\/p>","references":[{"id":66161,"section_number":"11-4.1","catch_line":"Certain indemnification provisions in construction contracts declared void","order_by":null,"url":"\/11-4.1\/"},{"id":77848,"section_number":"11-4.4","catch_line":"Certain indemnification and duty to defend provisions in contracts with design professionals declared void","order_by":null,"url":"\/11-4.4\/"},{"id":87261,"section_number":"11-4.6","catch_line":"Required contract provisions in construction contracts","order_by":null,"url":"\/11-4.6\/"},{"id":63333,"section_number":"2.2-1111","catch_line":"Purchases to be made in accordance with the Virginia Public Procurement Act (\u00a7 2.2-4300 et seq.) and regulations of Division; exempt purchases","order_by":null,"url":"\/2.2-1111\/"},{"id":84139,"section_number":"2.2-1115.1","catch_line":"Standard vendor accounting information","order_by":null,"url":"\/2.2-1115.1\/"},{"id":66935,"section_number":"2.2-1118","catch_line":"Purchases from employment services organizations of Virginia serving individuals with disabilities","order_by":null,"url":"\/2.2-1118\/"},{"id":74110,"section_number":"2.2-2012","catch_line":"Additional powers and duties related to the procurement of information technology","order_by":null,"url":"\/2.2-2012\/"},{"id":61316,"section_number":"2.2-4302.1","catch_line":"Process for competitive sealed bidding","order_by":null,"url":"\/2.2-4302.1\/"},{"id":74446,"section_number":"2.2-4321.2","catch_line":"Public works contracts; project labor agreements authorized","order_by":null,"url":"\/2.2-4321.2\/"},{"id":67731,"section_number":"2.2-4354","catch_line":"Payment clauses to be included in contracts","order_by":null,"url":"\/2.2-4354\/"},{"id":67358,"section_number":"2.2-4364","catch_line":"Legal actions","order_by":null,"url":"\/2.2-4364\/"},{"id":84570,"section_number":"2.2-4379","catch_line":"Definitions","order_by":null,"url":"\/2.2-4379\/"},{"id":83170,"section_number":"33.2-226","catch_line":"Authority to lease or convey airspace","order_by":null,"url":"\/33.2-226\/"},{"id":82924,"section_number":"45.2-1702","catch_line":" Definitions","order_by":null,"url":"\/45.2-1702\/"},{"id":78294,"section_number":"54.1-205","catch_line":"Universal license recognition","order_by":null,"url":"\/54.1-205\/"}],"refers_to":[{"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\/"},{"id":54690,"section_number":"2.2-4303.2","catch_line":"Job order contracting; limitations","order_by":null,"url":"\/2.2-4303.2\/"},{"id":65336,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","order_by":null,"url":"\/2.2-4360\/"},{"id":67358,"section_number":"2.2-4364","catch_line":"Legal actions","order_by":null,"url":"\/2.2-4364\/"},{"id":84570,"section_number":"2.2-4379","catch_line":"Definitions","order_by":null,"url":"\/2.2-4379\/"}],"permalink":{"id":176997,"object_type":"law","relational_id":83635,"identifier":"2.2-4301","token":"2.2\/II\/B\/43\/1\/2.2-4301","url":"\/2.2-4301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4301\/","token":"2.2\/II\/B\/43\/1\/2.2-4301","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter:\n\t\t“Affiliate<\/span>” means an individual or business<\/span> that controls, is controlled by, or is under common control with another individual or business<\/span>. A person controls an entity if the person owns, directly or indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition “voting security<\/span>” means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business<\/span> or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general partnership interest shall be deemed to be a voting security<\/span>.\n\t\t“Best value,” as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body<\/span>’s needs.\n\t\t“Business<\/span>” means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit.\n\t\t“Competitive negotiation” is the method of contractor selection set forth in \u00a7 2.2-4302.2<\/a>.\n\t\t“Competitive sealed<\/span> bidding” is the method of contractor selection set forth in \u00a7 2.2-4302.1<\/a>.\n\t\t“Construction” means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property.\n\t\t“Construction management contract<\/span>” means the same as that term is defined in \u00a7 2.2-4379<\/a>.\n\t\t“Design-build contract<\/span>” means the same as that term is defined in \u00a7 2.2-4379<\/a>.\n\t\t“Employment services organization<\/span>” means an organization that provides employment services to individuals with disabilities that is an approved Commission on the Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services.\n\t\t“Goods<\/span>” means all material<\/span>, equipment, supplies, printing, and automated data processing hardware and software.\n\t\t“Informality<\/span>” means a minor<\/span> defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid, or the Request for Proposal, which does not affect the price, quality, quantity or delivery schedule for the goods<\/span>, services or construction being procured.\n\t\t“Job order contracting<\/span>” means a method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities, and specifications in the book as the basis of its pricing. The contractor may be selected through either competitive sealed<\/span> bidding or competitive negotiation depending on the needs of the public body<\/span> procuring the construction services. A minimum amount of work may be specified in the contract. The contract term and the project amount shall not exceed the limitations specified in \u00a7 2.2-4303.2<\/a>.\n\t\t“Multiphase professional services contract<\/span>” means a contract for the providing of professional services where the total scope of work of the second or subsequent phase of the contract cannot be specified without the results of the first or prior phase of the contract.\n\t\t“Nonprofessional services<\/span>” means any services not specifically identified as professional services in the definition of professional services.\n\t\t“Potential bidder or offeror<\/span>,” for the purposes of \u00a7\u00a7 2.2-4360<\/a> and 2.2-4364<\/a>, means a person who, at the time a public body<\/span> negotiates and awards or proposes to award a contract, is engaged in the sale or lease of goods<\/span>, or the sale of services, insurance or construction, of the type to be procured under the contract, and who at such time is eligible and qualified in all respects to perform that contract, and who would have been eligible and qualified to submit a bid or proposal had the contract been procured through competitive sealed<\/span> bidding or competitive negotiation.\n\t\t“Professional services” means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law<\/span>, dentistry, medicine, optometry, pharmacy or professional engineering. “Professional services” shall also include the services of an economist procured by the State Corporation Commission.\n\t\t“Public body<\/span>” means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law<\/span> to exercise some sovereign power or to perform some governmental duty, and empowered by law<\/span> to undertake the activities described in this chapter. “Public body<\/span>” shall include (i) any independent agency of the Commonwealth, and (ii) any metropolitan planning organization or planning district commission which operates exclusively within the Commonwealth of Virginia.\n\t\t“Public contract<\/span>” means an agreement between a public body<\/span> and a nongovernmental source that is enforceable in a court<\/span> of law<\/span>.\n\t\t“Responsible bidder<\/span>” or “offeror<\/span>” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business<\/span> integrity and reliability that will assure good faith performance, and who has been prequalified, if required.\n\t\t“Responsive bidder<\/span>” means a person who has submitted a bid that conforms in all material<\/span> respects to the Invitation to Bid.\n\t\t“Reverse auctioning<\/span>” means a procurement method wherein bidders are invited to bid on specified goods<\/span> or nonprofessional services<\/span> through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder<\/span>. During the bidding process, bidders’ prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for bid opening.\n\t\t“Services” means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials<\/span>, or the rental of equipment, materials<\/span> and supplies.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 2.2-4301)\n\nAs used in this chapter:\n\t\t“Affiliate” means an individual or business that controls, is\ncontrolled by, or is under common control with another individual or business. A\nperson controls an entity if the person owns, directly or indirectly, more than\n10 percent of the voting securities of the entity. For the purposes of this\ndefinition “voting security” means a security that (i) confers upon\nthe holder the right to vote for the election of members of the board of\ndirectors or similar governing body of the business or (ii) is convertible into,\nor entitles the holder to receive, upon its exercise, a security that confers\nsuch a right to vote. A general partnership interest shall be deemed to be a\nvoting security.\n\t\t“Best value,” as predetermined in the solicitation, means the\noverall combination of quality, price, and various elements of required services\nthat in total are optimal relative to a public body’s needs.\n\t\t“Business” means any type of corporation, partnership, limited\nliability company, association, or sole proprietorship operated for profit.\n\t\t“Competitive negotiation” is the method of contractor selection\nset forth in \u00a7 2.2-4302.2.\n\t\t“Competitive sealed bidding” is the method of contractor selection\nset forth in \u00a7 2.2-4302.1.\n\t\t“Construction” means building, altering, repairing, improving or\ndemolishing any structure, building or highway, and any draining, dredging,\nexcavation, grading or similar work upon real property.\n\t\t“Construction management contract” means the same as that term is\ndefined in \u00a7 2.2-4379.\n\t\t“Design-build contract” means the same as that term is defined in\n\u00a7 2.2-4379.\n\t\t“Employment services organization” means an organization that\nprovides employment services to individuals with disabilities that is an\napproved Commission on the Accreditation of Rehabilitation Facilities (CARF)\naccredited vendor of the Department for Aging and Rehabilitative Services.\n\t\t“Goods” means all material, equipment, supplies, printing, and\nautomated data processing hardware and software.\n\t\t“Informality” means a minor defect or variation of a bid or\nproposal from the exact requirements of the Invitation to Bid, or the Request\nfor Proposal, which does not affect the price, quality, quantity or delivery\nschedule for the goods, services or construction being procured.\n\t\t“Job order contracting” means a method of procuring construction\nby establishing a book of unit prices and then obtaining a contractor to perform\nwork as needed using the prices, quantities, and specifications in the book as\nthe basis of its pricing. The contractor may be selected through either\ncompetitive sealed bidding or competitive negotiation depending on the needs of\nthe public body procuring the construction services. A minimum amount of work\nmay be specified in the contract. The contract term and the project amount shall\nnot exceed the limitations specified in \u00a7 2.2-4303.2.\n\t\t“Multiphase professional services contract” means a contract for\nthe providing of professional services where the total scope of work of the\nsecond or subsequent phase of the contract cannot be specified without the\nresults of the first or prior phase of the contract.\n\t\t“Nonprofessional services” means any services not specifically\nidentified as professional services in the definition of professional services.\n\t\t“Potential bidder or offeror,” for the purposes of \u00a7\u00a7 2.2-4360\nand 2.2-4364, means a person who, at the time a public body negotiates and\nawards or proposes to award a contract, is engaged in the sale or lease of\ngoods, or the sale of services, insurance or construction, of the type to be\nprocured under the contract, and who at such time is eligible and qualified in\nall respects to perform that contract, and who would have been eligible and\nqualified to submit a bid or proposal had the contract been procured through\ncompetitive sealed bidding or competitive negotiation.\n\t\t“Professional services” means work performed by an independent\ncontractor within the scope of the practice of accounting, actuarial services,\narchitecture, land surveying, landscape architecture, law, dentistry, medicine,\noptometry, pharmacy or professional engineering. “Professional\nservices” shall also include the services of an economist procured by the\nState Corporation Commission.\n\t\t“Public body” means any legislative, executive or judicial body,\nagency, office, department, authority, post, commission, committee, institution,\nboard or political subdivision created by law to exercise some sovereign power\nor to perform some governmental duty, and empowered by law to undertake the\nactivities described in this chapter. “Public body” shall include\n(i) any independent agency of the Commonwealth, and (ii) any metropolitan\nplanning organization or planning district commission which operates exclusively\nwithin the Commonwealth of Virginia.\n\t\t“Public contract” means an agreement between a public body and a\nnongovernmental source that is enforceable in a court of law.\n\t\t“Responsible bidder” or “offeror” means a person who\nhas the capability, in all respects, to perform fully the contract requirements\nand the moral and business integrity and reliability that will assure good faith\nperformance, and who has been prequalified, if required.\n\t\t“Responsive bidder” means a person who has submitted a bid that\nconforms in all material respects to the Invitation to Bid.\n\t\t“Reverse auctioning” means a procurement method wherein bidders\nare invited to bid on specified goods or nonprofessional services through\nreal-time electronic bidding, with the award being made to the lowest responsive\nand responsible bidder. During the bidding process, bidders’ prices are\nrevealed and bidders shall have the opportunity to modify their bid prices for\nthe duration of the time period established for bid opening.\n\t\t“Services” means any work performed by an independent contractor\nwherein the service rendered does not consist primarily of acquisition of\nequipment or materials, or the rental of equipment, materials and supplies.\n\nHISTORY: 1982, c. 647, \u00a7 11-37; 1984, cc. 279, 764; 1985, c. 164; 1987, cc.\n176, 218, 474; 1989, cc. 309, 323; 1991, c. 559; 1996, cc. 460, 683; 2000, cc.\n621, 638, 643, 644, 647, 665, 692, 703; 2001, cc. 395, 675, 844; 2003, cc. 185,\n644, 895, 994, 1006; 2004, c. 458; 2006, c. 206; 2008, c. 371; 2009, cc. 495,\n562, 564; 2010, c. 440; 2011, cc. 24, 332, 555; 2012, c. 632; 2013, cc. 482,\n518, 540, 543, 583; 2015, cc. 760, 776; 2017, cc. 699, 704.","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}}