{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4303.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4303.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4303.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4303.01.html"}],"law_id":61675,"edition_id":1,"section_id":61675,"structure_id":12805,"section_number":"2.2-4303.01","catch_line":"High-risk contracts; definition; review","history":"2019, c. 601; 2020, c. 431.","full_text":"A\n\nFor the purposes of this section, “high-risk contract” means any public contract with a state public body for the procurement of goods, services, insurance, or construction that is anticipated to either (i) cost in excess of $10 million over the initial term of the contract or (ii) cost in excess of $5 million over the initial term of the contract and meet at least one of the following criteria: (a) the goods, services, insurance, or construction that is the subject of the contract is being procured by two or more state public bodies; (b) the anticipated term of the initial contract, excluding renewals, is greater than five years; or (c) the state public body procuring the goods, services, insurance, or construction has not procured similar goods, services, insurance, or construction within the last five years.B\n\nPrior to issuing a solicitation for a high-risk contract, a state public body shall submit such solicitation for review by (i) the Office of the Attorney General, (ii) the Department of General Services for solicitations for goods and nonprofessional and professional services that are not for (a) information technology or (b) road or rail construction or design, and (iii) the Virginia Information Technologies Agency for solicitations for goods and services related to information technology. Such reviews shall be completed within 30 business days and include an evaluation of the extent to which the solicitation complies with applicable state law and policy, as well as an evaluation of the appropriateness of the solicitation’s terms and conditions. In addition, the review shall ensure that such solicitations for high-risk contracts contain distinct and measurable performance metrics and clear enforcement provisions, including penalties or incentives, to be used in the event that contract performance metrics or other provisions are not met.C\n\nPrior to awarding a high-risk contract, a state public body shall submit such contract for review by (i) the Office of the Attorney General, (ii) the Department of General Services for contracts for goods and nonprofessional and professional services that are not for (a) information technology or (b) road or rail construction or design, and (iii) the Virginia Information Technologies Agency for contracts for goods and services related to information technology. Such reviews shall be completed within 30 business days and include an evaluation of the extent to which the contract complies with applicable state law and policy, as well as an evaluation of the legality and appropriateness of the contract’s terms and conditions. In addition, the review shall ensure that such high-risk contracts contain distinct and measurable performance metrics and clear enforcement provisions, including penalties or incentives, to be used in the event that contract performance metrics or other provisions are not met.D\n\nThe Department of General Services’ central electronic procurement system shall serve as a centralized resource for all state public bodies on information related to the performance of high-risk contracts. All state public bodies shall submit information on high-risk contracts for inclusion in the system. Such information shall include, but not be limited to, the following information on each high-risk contract:1\n\nScheduled contract performance dates and actual contract completion dates;2\n\nContract award value and actual contract expenditures; and3\n\nInformation on vendor performance, including any cure letters, formal complaints, and end-of-contract evaluations.","order_by":null,"text":{"0":{"id":225168,"text":"For the purposes of this section, “high-risk contract” means any public contract with a state public body for the procurement of goods, services, insurance, or construction that is anticipated to either (i) cost in excess of $10 million over the initial term of the contract or (ii) cost in excess of $5 million over the initial term of the contract and meet at least one of the following criteria: (a) the goods, services, insurance, or construction that is the subject of the contract is being procured by two or more state public bodies; (b) the anticipated term of the initial contract, excluding renewals, is greater than five years; or (c) the state public body procuring the goods, services, insurance, or construction has not procured similar goods, services, insurance, or construction within the last five years.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225169,"text":"Prior to issuing a solicitation for a high-risk contract, a state public body shall submit such solicitation for review by (i) the Office of the Attorney General, (ii) the Department of General Services for solicitations for goods and nonprofessional and professional services that are not for (a) information technology or (b) road or rail construction or design, and (iii) the Virginia Information Technologies Agency for solicitations for goods and services related to information technology. Such reviews shall be completed within 30 business days and include an evaluation of the extent to which the solicitation complies with applicable state law and policy, as well as an evaluation of the appropriateness of the solicitation’s terms and conditions. In addition, the review shall ensure that such solicitations for high-risk contracts contain distinct and measurable performance metrics and clear enforcement provisions, including penalties or incentives, to be used in the event that contract performance metrics or other provisions are not met.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225170,"text":"Prior to awarding a high-risk contract, a state public body shall submit such contract for review by (i) the Office of the Attorney General, (ii) the Department of General Services for contracts for goods and nonprofessional and professional services that are not for (a) information technology or (b) road or rail construction or design, and (iii) the Virginia Information Technologies Agency for contracts for goods and services related to information technology. Such reviews shall be completed within 30 business days and include an evaluation of the extent to which the contract complies with applicable state law and policy, as well as an evaluation of the legality and appropriateness of the contract’s terms and conditions. In addition, the review shall ensure that such high-risk contracts contain distinct and measurable performance metrics and clear enforcement provisions, including penalties or incentives, to be used in the event that contract performance metrics or other provisions are not met.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225171,"text":"The Department of General Services’ central electronic procurement system shall serve as a centralized resource for all state public bodies on information related to the performance of high-risk contracts. All state public bodies shall submit information on high-risk contracts for inclusion in the system. Such information shall include, but not be limited to, the following information on each high-risk contract:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":225172,"text":"Scheduled contract performance dates and actual contract completion dates;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":225173,"text":"Contract award value and actual contract expenditures; and","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":225174,"text":"Information on vendor performance, including any cure letters, formal complaints, and end-of-contract evaluations.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":12805,"edition_id":1,"name":"Contract Formation and Administration","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":177013,"object_type":"structure","relational_id":12805,"identifier":"2","token":"2.2\/II\/B\/43\/2","url":"\/2.2\/II\/B\/43\/2\/","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":60713,"structure_id":12805,"section_number":"2.2-4303","catch_line":"Methods of procurement","url":"\/2.2-4303\/","token":"2.2\/II\/B\/43\/2\/2.2-4303","metadata":false},{"id":61675,"structure_id":12805,"section_number":"2.2-4303.01","catch_line":"High-risk contracts; definition; review","url":"\/2.2-4303.01\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.01","metadata":false},{"id":63722,"structure_id":12805,"section_number":"2.2-4303.1","catch_line":"Architectural and professional engineering term contracting; limitations","url":"\/2.2-4303.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.1","metadata":false},{"id":54690,"structure_id":12805,"section_number":"2.2-4303.2","catch_line":"Job order contracting; limitations","url":"\/2.2-4303.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.2","metadata":false},{"id":60269,"structure_id":12805,"section_number":"2.2-4304","catch_line":"Joint and cooperative procurement","url":"\/2.2-4304\/","token":"2.2\/II\/B\/43\/2\/2.2-4304","metadata":false},{"id":67205,"structure_id":12805,"section_number":"2.2-4305","catch_line":"Competitive procurement by localities on state-aid projects","url":"\/2.2-4305\/","token":"2.2\/II\/B\/43\/2\/2.2-4305","metadata":false},{"id":85651,"structure_id":12805,"section_number":"2.2-4306","catch_line":"Repealed","url":"\/2.2-4306\/","token":"2.2\/II\/B\/43\/2\/2.2-4306","metadata":false},{"id":80442,"structure_id":12805,"section_number":"2.2-4308.1","catch_line":"Purchase of owner-controlled insurance in construction projects","url":"\/2.2-4308.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4308.1","metadata":false},{"id":77240,"structure_id":12805,"section_number":"2.2-4308.2","catch_line":"Registration and use of federal employment eligibility verification program required; debarment","url":"\/2.2-4308.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4308.2","metadata":false},{"id":76051,"structure_id":12805,"section_number":"2.2-4309","catch_line":"Modification of the contract","url":"\/2.2-4309\/","token":"2.2\/II\/B\/43\/2\/2.2-4309","metadata":false},{"id":59798,"structure_id":12805,"section_number":"2.2-4310","catch_line":"Discrimination prohibited; participation of small, women-owned, minority-owned, military family-owned, and service disabled veteran-owned businesses and employment services organizations","url":"\/2.2-4310\/","token":"2.2\/II\/B\/43\/2\/2.2-4310","metadata":false},{"id":83482,"structure_id":12805,"section_number":"2.2-4310.1","catch_line":"Awards as a result of any authorized enhancement or remedial measure; requirements","url":"\/2.2-4310.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.1","metadata":false},{"id":70958,"structure_id":12805,"section_number":"2.2-4310.2","catch_line":"Executive branch agency's goals for participation by small businesses; requirements","url":"\/2.2-4310.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.2","metadata":false},{"id":77101,"structure_id":12805,"section_number":"2.2-4310.3","catch_line":"Fiscal data pertaining to certain enhancement or remedial measures","url":"\/2.2-4310.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4310.3","metadata":false},{"id":62578,"structure_id":12805,"section_number":"2.2-4311","catch_line":"Employment discrimination by contractor prohibited; required contract provisions","url":"\/2.2-4311\/","token":"2.2\/II\/B\/43\/2\/2.2-4311","metadata":false},{"id":67743,"structure_id":12805,"section_number":"2.2-4311.1","catch_line":"Compliance with federal, state, and local laws and federal immigration law; required contract provisions","url":"\/2.2-4311.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.1","metadata":false},{"id":82121,"structure_id":12805,"section_number":"2.2-4311.2","catch_line":"Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth","url":"\/2.2-4311.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.2","metadata":false},{"id":70336,"structure_id":12805,"section_number":"2.2-4311.3","catch_line":"Compliance with state law; contract terms inconsistent with state law","url":"\/2.2-4311.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.3","metadata":false},{"id":62129,"structure_id":12805,"section_number":"2.2-4311.4","catch_line":"Procurement of imported goods; forced and indentured child labor prohibition","url":"\/2.2-4311.4\/","token":"2.2\/II\/B\/43\/2\/2.2-4311.4","metadata":false},{"id":79415,"structure_id":12805,"section_number":"2.2-4312","catch_line":"Drug-free workplace to be maintained by contractor; required contract provisions","url":"\/2.2-4312\/","token":"2.2\/II\/B\/43\/2\/2.2-4312","metadata":false},{"id":75321,"structure_id":12805,"section_number":"2.2-4313","catch_line":"Petition for recycled goods and products; periodic review of procurement standards","url":"\/2.2-4313\/","token":"2.2\/II\/B\/43\/2\/2.2-4313","metadata":false},{"id":87067,"structure_id":12805,"section_number":"2.2-4314","catch_line":"Petition for procurement of less toxic goods and products; periodic review of procurement standards","url":"\/2.2-4314\/","token":"2.2\/II\/B\/43\/2\/2.2-4314","metadata":false},{"id":58266,"structure_id":12805,"section_number":"2.2-4315","catch_line":"Use of brand names","url":"\/2.2-4315\/","token":"2.2\/II\/B\/43\/2\/2.2-4315","metadata":false},{"id":59468,"structure_id":12805,"section_number":"2.2-4316","catch_line":"Comments concerning specifications","url":"\/2.2-4316\/","token":"2.2\/II\/B\/43\/2\/2.2-4316","metadata":false},{"id":84046,"structure_id":12805,"section_number":"2.2-4317","catch_line":"Prequalification generally; prequalification for construction","url":"\/2.2-4317\/","token":"2.2\/II\/B\/43\/2\/2.2-4317","metadata":false},{"id":64926,"structure_id":12805,"section_number":"2.2-4318","catch_line":"Negotiation with lowest responsible bidder","url":"\/2.2-4318\/","token":"2.2\/II\/B\/43\/2\/2.2-4318","metadata":false},{"id":64505,"structure_id":12805,"section_number":"2.2-4319","catch_line":"Cancellation, rejection of bids; waiver of informalities","url":"\/2.2-4319\/","token":"2.2\/II\/B\/43\/2\/2.2-4319","metadata":false},{"id":76824,"structure_id":12805,"section_number":"2.2-4320","catch_line":"Exclusion of insurance bids prohibited","url":"\/2.2-4320\/","token":"2.2\/II\/B\/43\/2\/2.2-4320","metadata":false},{"id":59483,"structure_id":12805,"section_number":"2.2-4321","catch_line":"Debarment","url":"\/2.2-4321\/","token":"2.2\/II\/B\/43\/2\/2.2-4321","metadata":false},{"id":62909,"structure_id":12805,"section_number":"2.2-4321.1","catch_line":"Prohibited contracts; exceptions; determination by Department of Taxation; appeal; remedies","url":"\/2.2-4321.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.1","metadata":false},{"id":74446,"structure_id":12805,"section_number":"2.2-4321.2","catch_line":"Public works contracts; project labor agreements authorized","url":"\/2.2-4321.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.2","metadata":false},{"id":56761,"structure_id":12805,"section_number":"2.2-4321.3","catch_line":"Payment of prevailing wage for work performed on public works contracts; penalty","url":"\/2.2-4321.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4321.3","metadata":false},{"id":79921,"structure_id":12805,"section_number":"2.2-4322","catch_line":"Acceptance of bids submitted to the Department of Transportation","url":"\/2.2-4322\/","token":"2.2\/II\/B\/43\/2\/2.2-4322","metadata":false},{"id":86146,"structure_id":12805,"section_number":"2.2-4323","catch_line":"Purchase programs for recycled goods; agency responsibilities","url":"\/2.2-4323\/","token":"2.2\/II\/B\/43\/2\/2.2-4323","metadata":false},{"id":66033,"structure_id":12805,"section_number":"2.2-4323.1","catch_line":"Purchase of flags of the United States and the Commonwealth by public bodies","url":"\/2.2-4323.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4323.1","metadata":false},{"id":60604,"structure_id":12805,"section_number":"2.2-4324","catch_line":"(Effective July 1, 2027) Preference for Virginia products with recycled content and for Virginia firms","url":"\/2.2-4324\/","token":"2.2\/II\/B\/43\/2\/2.2-4324","metadata":false},{"id":76844,"structure_id":12805,"section_number":"2.2-4325","catch_line":"Preference for Virginia coal used in state facilities","url":"\/2.2-4325\/","token":"2.2\/II\/B\/43\/2\/2.2-4325","metadata":false},{"id":75140,"structure_id":12805,"section_number":"2.2-4326","catch_line":"Preference for recycled paper and paper products used by state agencies","url":"\/2.2-4326\/","token":"2.2\/II\/B\/43\/2\/2.2-4326","metadata":false},{"id":82739,"structure_id":12805,"section_number":"2.2-4327","catch_line":"Preference for community reinvestment activities in contracts for investment of funds","url":"\/2.2-4327\/","token":"2.2\/II\/B\/43\/2\/2.2-4327","metadata":false},{"id":62013,"structure_id":12805,"section_number":"2.2-4328","catch_line":"Preference for local products and firms; applicability","url":"\/2.2-4328\/","token":"2.2\/II\/B\/43\/2\/2.2-4328","metadata":false},{"id":73628,"structure_id":12805,"section_number":"2.2-4328.1","catch_line":"Preference for energy-efficient and water-efficient goods","url":"\/2.2-4328.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.1","metadata":false},{"id":63397,"structure_id":12805,"section_number":"2.2-4328.2","catch_line":"Purchase of personal protective equipment by state agencies","url":"\/2.2-4328.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.2","metadata":false},{"id":81072,"structure_id":12805,"section_number":"2.2-4328.3","catch_line":"Solar photovoltaic equipment and facilities","url":"\/2.2-4328.3\/","token":"2.2\/II\/B\/43\/2\/2.2-4328.3","metadata":false},{"id":64067,"structure_id":12805,"section_number":"2.2-4329","catch_line":"Expired","url":"\/2.2-4329\/","token":"2.2\/II\/B\/43\/2\/2.2-4329","metadata":false},{"id":72432,"structure_id":12805,"section_number":"2.2-4329.1","catch_line":"Energy forward pricing mechanisms","url":"\/2.2-4329.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4329.1","metadata":false},{"id":73315,"structure_id":12805,"section_number":"2.2-4330","catch_line":"Withdrawal of bid due to error","url":"\/2.2-4330\/","token":"2.2\/II\/B\/43\/2\/2.2-4330","metadata":false},{"id":66024,"structure_id":12805,"section_number":"2.2-4331","catch_line":"Contract pricing arrangements","url":"\/2.2-4331\/","token":"2.2\/II\/B\/43\/2\/2.2-4331","metadata":false},{"id":86314,"structure_id":12805,"section_number":"2.2-4332","catch_line":"Workers' compensation requirements for construction contractors and subcontractors","url":"\/2.2-4332\/","token":"2.2\/II\/B\/43\/2\/2.2-4332","metadata":false},{"id":53971,"structure_id":12805,"section_number":"2.2-4333","catch_line":"Retainage on construction contracts","url":"\/2.2-4333\/","token":"2.2\/II\/B\/43\/2\/2.2-4333","metadata":false},{"id":68826,"structure_id":12805,"section_number":"2.2-4334","catch_line":"Deposit of certain retained funds on certain contracts with local governments; penalty for failure to timely complete","url":"\/2.2-4334\/","token":"2.2\/II\/B\/43\/2\/2.2-4334","metadata":false},{"id":84415,"structure_id":12805,"section_number":"2.2-4335","catch_line":"Public construction contract provisions barring damages for unreasonable delays declared void","url":"\/2.2-4335\/","token":"2.2\/II\/B\/43\/2\/2.2-4335","metadata":false},{"id":55647,"structure_id":12805,"section_number":"2.2-4336","catch_line":"Bid bonds; construction contracts","url":"\/2.2-4336\/","token":"2.2\/II\/B\/43\/2\/2.2-4336","metadata":false},{"id":79610,"structure_id":12805,"section_number":"2.2-4337","catch_line":"Performance and payment bonds","url":"\/2.2-4337\/","token":"2.2\/II\/B\/43\/2\/2.2-4337","metadata":false},{"id":86516,"structure_id":12805,"section_number":"2.2-4338","catch_line":"Alternative forms of security","url":"\/2.2-4338\/","token":"2.2\/II\/B\/43\/2\/2.2-4338","metadata":false},{"id":66839,"structure_id":12805,"section_number":"2.2-4339","catch_line":"Bonds on other than construction contracts","url":"\/2.2-4339\/","token":"2.2\/II\/B\/43\/2\/2.2-4339","metadata":false},{"id":54251,"structure_id":12805,"section_number":"2.2-4340","catch_line":"Action on performance bond","url":"\/2.2-4340\/","token":"2.2\/II\/B\/43\/2\/2.2-4340","metadata":false},{"id":65780,"structure_id":12805,"section_number":"2.2-4340.1","catch_line":"Statute of limitations on construction contracts","url":"\/2.2-4340.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.1","metadata":false},{"id":85767,"structure_id":12805,"section_number":"2.2-4340.2","catch_line":"Statute of limitations on architectural and engineering contracts","url":"\/2.2-4340.2\/","token":"2.2\/II\/B\/43\/2\/2.2-4340.2","metadata":false},{"id":56940,"structure_id":12805,"section_number":"2.2-4341","catch_line":"Actions on payment bonds; waiver of right to sue","url":"\/2.2-4341\/","token":"2.2\/II\/B\/43\/2\/2.2-4341","metadata":false},{"id":71233,"structure_id":12805,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","url":"\/2.2-4342\/","token":"2.2\/II\/B\/43\/2\/2.2-4342","metadata":false}],"previous_section":{"id":60713,"structure_id":12805,"section_number":"2.2-4303","catch_line":"Methods of procurement","url":"\/2.2-4303\/","token":"2.2\/II\/B\/43\/2\/2.2-4303","metadata":false},"next_section":{"id":63722,"structure_id":12805,"section_number":"2.2-4303.1","catch_line":"Architectural and professional engineering term contracting; limitations","url":"\/2.2-4303.1\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4303.01\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 601<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2020, chapter 431<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":177019,"object_type":"law","relational_id":61675,"identifier":"2.2-4303.01","token":"2.2\/II\/B\/43\/2\/2.2-4303.01","url":"\/2.2-4303.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4303.01\/","token":"2.2\/II\/B\/43\/2\/2.2-4303.01","dublin_core":{"Title":"High-risk contracts; definition; review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4303.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “high-risk contract<\/span>” means any public contract<\/span> with a state public body<\/span> for the procurement of goods<\/span>, services<\/span>, insurance, or construction<\/span> that is anticipated to either (i) cost in excess of $10 million over the initial term of the contract or (ii) cost in excess of $5 million over the initial term of the contract and meet at least one of the following criteria: (a) the goods<\/span>, services<\/span>, insurance, or construction<\/span> that is the subject of the contract is being procured by two or more state public bodies; (b) the anticipated term of the initial contract, excluding renewals, is greater than five years; or (c) the state public body<\/span> procuring the goods<\/span>, services<\/span>, insurance, or construction<\/span> has not procured similar goods<\/span>, services<\/span>, insurance, or construction<\/span> within the last five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to issuing a solicitation for a high-risk contract<\/span>, a state public body<\/span> shall submit such solicitation for review by (i) the Office of the Attorney General<\/span>, (ii) the Department of General Services for solicitations for goods<\/span> and nonprofessional and professional services<\/span> that are not for (a) information technology or (b) road or rail construction<\/span> or design, and (iii) the Virginia Information Technologies Agency for solicitations for goods<\/span> and services related to information technology. Such reviews shall be completed within 30 business<\/span> days and include an evaluation of the extent to which the solicitation complies with applicable state law<\/span> and policy, as well as an evaluation of the appropriateness of the solicitation’s terms and conditions. In addition, the review shall ensure that such solicitations for high-risk contracts<\/span> contain distinct and measurable performance metrics and clear enforcement provisions, including penalties or incentives, to be used in the event that contract performance metrics or other provisions are not met. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to awarding a high-risk contract<\/span>, a state public body<\/span> shall submit such contract for review by (i) the Office of the Attorney General<\/span>, (ii) the Department of General Services for contracts for goods<\/span> and nonprofessional and professional services<\/span> that are not for (a) information technology or (b) road or rail construction<\/span> or design, and (iii) the Virginia Information Technologies Agency for contracts for goods<\/span> and services related to information technology. Such reviews shall be completed within 30 business<\/span> days and include an evaluation of the extent to which the contract complies with applicable state law<\/span> and policy, as well as an evaluation of the legality and appropriateness of the contract’s terms and conditions. In addition, the review shall ensure that such high-risk contracts<\/span> contain distinct and measurable performance metrics and clear enforcement provisions, including penalties or incentives, to be used in the event that contract performance metrics or other provisions are not met. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department of General Services’ central electronic procurement system shall serve as a centralized resource for all state public bodies on information related to the performance of high-risk contracts<\/span>. All state public bodies shall submit information on high-risk contracts<\/span> for inclusion in the system. Such information shall include, but not be limited to, the following information on each high-risk contract<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Scheduled contract performance dates and actual contract completion dates; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Contract award value and actual contract expenditures; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Information on vendor performance, including any cure letters, formal complaints, and end-of-contract evaluations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHIGH-RISK CONTRACTS; DEFINITION; REVIEW (\u00a7 2.2-4303.01)\n\nA. For the purposes of this section, “high-risk contract” means any\npublic contract with a state public body for the procurement of goods, services,\ninsurance, or construction that is anticipated to either (i) cost in excess of\n$10 million over the initial term of the contract or (ii) cost in excess of $5\nmillion over the initial term of the contract and meet at least one of the\nfollowing criteria: (a) the goods, services, insurance, or construction that is\nthe subject of the contract is being procured by two or more state public\nbodies; (b) the anticipated term of the initial contract, excluding renewals, is\ngreater than five years; or (c) the state public body procuring the goods,\nservices, insurance, or construction has not procured similar goods, services,\ninsurance, or construction within the last five years.\n\nB. Prior to issuing a solicitation for a high-risk contract, a state public body\nshall submit such solicitation for review by (i) the Office of the Attorney\nGeneral, (ii) the Department of General Services for solicitations for goods and\nnonprofessional and professional services that are not for (a) information\ntechnology or (b) road or rail construction or design, and (iii) the Virginia\nInformation Technologies Agency for solicitations for goods and services related\nto information technology. Such reviews shall be completed within 30 business\ndays and include an evaluation of the extent to which the solicitation complies\nwith applicable state law and policy, as well as an evaluation of the\nappropriateness of the solicitation’s terms and conditions. In addition,\nthe review shall ensure that such solicitations for high-risk contracts contain\ndistinct and measurable performance metrics and clear enforcement provisions,\nincluding penalties or incentives, to be used in the event that contract\nperformance metrics or other provisions are not met.\n\nC. Prior to awarding a high-risk contract, a state public body shall submit such\ncontract for review by (i) the Office of the Attorney General, (ii) the\nDepartment of General Services for contracts for goods and nonprofessional and\nprofessional services that are not for (a) information technology or (b) road or\nrail construction or design, and (iii) the Virginia Information Technologies\nAgency for contracts for goods and services related to information technology.\nSuch reviews shall be completed within 30 business days and include an\nevaluation of the extent to which the contract complies with applicable state\nlaw and policy, as well as an evaluation of the legality and appropriateness of\nthe contract’s terms and conditions. In addition, the review shall ensure\nthat such high-risk contracts contain distinct and measurable performance\nmetrics and clear enforcement provisions, including penalties or incentives, to\nbe used in the event that contract performance metrics or other provisions are\nnot met.\n\nD. The Department of General Services’ central electronic procurement\nsystem shall serve as a centralized resource for all state public bodies on\ninformation related to the performance of high-risk contracts. All state public\nbodies shall submit information on high-risk contracts for inclusion in the\nsystem. Such information shall include, but not be limited to, the following\ninformation on each high-risk contract:\n\n 1. Scheduled contract performance dates and actual contract completion dates;\n\n 2. Contract award value and actual contract expenditures; and\n\n 3. Information on vendor performance, including any cure letters, formal\n complaints, and end-of-contract evaluations.\n\nHISTORY: 2019, c. 601; 2020, c. 431.","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}}