{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4303.html"}],"law_id":60713,"edition_id":1,"section_id":60713,"structure_id":12805,"section_number":"2.2-4303","catch_line":"Methods of procurement","history":"1982, c. 647, \u00a7 11-41; 1985, c. 164; 1986, cc. 332, 559; 1987, c. 456; 1988, cc. 40, 640; 1989, c. 296; 1991, c. 73; 1993, c. 242; 1996, cc. 827, 965, 1019; 1999, c. 178; 2000, cc. 637, 647, 664, 692; 2001, cc. 395, 844; 2003, cc. 644, 895; 2004, cc. 706, 874, 906; 2005, c. 394; 2006, cc. 464, 510; 2008, c. 78; 2009, c. 123; 2010, c. 567; 2011, cc. 332, 594, 612, 681; 2012, cc. 805, 836; 2013, cc. 502, 583; 2015, cc. 760, 776; 2016, cc. 228, 604; 2017, cc. 699, 704; 2018, c. 461; 2020, cc. 44, 104; 2022, c. 360; 2024, cc. 438, 544.","full_text":"A\n\nAll public contracts with nongovernmental contractors for the purchase or lease of goods, or for the purchase of services, insurance, or construction, shall be awarded after competitive sealed bidding, or competitive negotiation as provided in this section, unless otherwise authorized by law. All state public bodies accepting bids or proposals for contracts pursuant to this chapter shall provide an option to submit bids or proposals through the Commonwealth’s statewide electronic procurement system, known as eVA. The Director of the Department of General Services, or his designee, may grant an exemption from such requirement at the request of a state public body and upon a showing of good cause. All local public bodies shall provide an option to submit bids or proposals through eVA or other electronic means. In cases where bids or proposals are submitted electronically, the local public body may also require a certain number of paper submissions for review purposes.B\n\nProfessional services shall be procured by competitive negotiation.C\n\nGoods, services other than professional services, and insurance may be procured by competitive sealed bidding or competitive negotiation.\n\t\t\tUpon a written determination made in advance by (i) the Governor or his designee in the case of a procurement by the Commonwealth or by a department, agency or institution thereof or (ii) the local governing body in the case of a procurement by a political subdivision of the Commonwealth, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services set forth in § 2.2-4302.2. The basis for this determination shall be documented in writing.D\n\nConstruction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances:1\n\nBy any public body on a fixed price design-build basis or construction management basis as provided in Chapter 43.1 (§ 2.2-4378 et seq.); or2\n\nBy any public body for the construction of highways and any draining, dredging, excavation, grading or similar work upon real property upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination.E\n\nUpon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The public body shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first. Posting on the Department of General Services’ central electronic procurement website shall be required of any state public body. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities.F\n\nIn case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The public body shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable. Posting on the Department of General Services’ central electronic procurement website shall be required of any state public body. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities.G\n\nA public body may establish purchase procedures, if adopted in writing, not requiring competitive sealed bids or competitive negotiation for single or term contracts for:1\n\nGoods and services other than professional services, if the aggregate or the sum of all phases is not expected to exceed $200,000, and non-transportation-related construction, if the aggregate or the sum of all phases is not expected to exceed $300,000; and2\n\nTransportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000.\n\t\t\t\tHowever, such small purchase procedures shall provide for competition wherever practicable.\n\t\t\t\tSuch purchase procedures may allow for single or term contracts for professional services without requiring competitive negotiation, provided the aggregate or the sum of all phases is not expected to exceed $80,000.\n\t\t\t\tWhere small purchase procedures are adopted for construction, the procedures shall not waive compliance with the Uniform State Building Code.\n\t\t\t\tFor state public bodies, informal solicitations conducted under this subsection shall require the posting of a public notice on the Department of General Services’ central electronic procurement website. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities.H\n\nUpon a determination made in advance by a public body and set forth in writing that the purchase of goods, products or commodities from a public auction sale is in the best interests of the public, such items may be purchased at the auction, including online public auctions. Purchase of information technology and telecommunications goods and nonprofessional services from a public auction sale shall be permitted by any authority, department, agency, or institution of the Commonwealth if approved by the Chief Information Officer of the Commonwealth. The writing shall document the basis for this determination. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by online public auctions.I\n\nThe purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by reverse auctioning.","order_by":null,"text":{"0":{"id":221926,"text":"All public contracts with nongovernmental contractors for the purchase or lease of goods, or for the purchase of services, insurance, or construction, shall be awarded after competitive sealed bidding, or competitive negotiation as provided in this section, unless otherwise authorized by law. All state public bodies accepting bids or proposals for contracts pursuant to this chapter shall provide an option to submit bids or proposals through the Commonwealth’s statewide electronic procurement system, known as eVA. The Director of the Department of General Services, or his designee, may grant an exemption from such requirement at the request of a state public body and upon a showing of good cause. All local public bodies shall provide an option to submit bids or proposals through eVA or other electronic means. In cases where bids or proposals are submitted electronically, the local public body may also require a certain number of paper submissions for review purposes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221927,"text":"Professional services shall be procured by competitive negotiation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221928,"text":"Goods, services other than professional services, and insurance may be procured by competitive sealed bidding or competitive negotiation.\n\t\t\tUpon a written determination made in advance by (i) the Governor or his designee in the case of a procurement by the Commonwealth or by a department, agency or institution thereof or (ii) the local governing body in the case of a procurement by a political subdivision of the Commonwealth, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services set forth in § 2.2-4302.2. The basis for this determination shall be documented in writing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221929,"text":"Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":221930,"text":"By any public body on a fixed price design-build basis or construction management basis as provided in Chapter 43.1 (§ 2.2-4378 et seq.); or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":221931,"text":"By any public body for the construction of highways and any draining, dredging, excavation, grading or similar work upon real property upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":221932,"text":"Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. The public body shall issue a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first. Posting on the Department of General Services’ central electronic procurement website shall be required of any state public body. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"7":{"id":221933,"text":"In case of emergency, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The public body shall issue a written notice stating that the contract is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body awards or announces its decision to award the contract, whichever occurs first, or as soon thereafter as is practicable. Posting on the Department of General Services’ central electronic procurement website shall be required of any state public body. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":221934,"text":"A public body may establish purchase procedures, if adopted in writing, not requiring competitive sealed bids or competitive negotiation for single or term contracts for:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"9":{"id":221935,"text":"Goods and services other than professional services, if the aggregate or the sum of all phases is not expected to exceed $200,000, and non-transportation-related construction, if the aggregate or the sum of all phases is not expected to exceed $300,000; and","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"10":{"id":221936,"text":"Transportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000.\n\t\t\t\tHowever, such small purchase procedures shall provide for competition wherever practicable.\n\t\t\t\tSuch purchase procedures may allow for single or term contracts for professional services without requiring competitive negotiation, provided the aggregate or the sum of all phases is not expected to exceed $80,000.\n\t\t\t\tWhere small purchase procedures are adopted for construction, the procedures shall not waive compliance with the Uniform State Building Code.\n\t\t\t\tFor state public bodies, informal solicitations conducted under this subsection shall require the posting of a public notice on the Department of General Services’ central electronic procurement website. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"11":{"id":221937,"text":"Upon a determination made in advance by a public body and set forth in writing that the purchase of goods, products or commodities from a public auction sale is in the best interests of the public, such items may be purchased at the auction, including online public auctions. Purchase of information technology and telecommunications goods and nonprofessional services from a public auction sale shall be permitted by any authority, department, agency, or institution of the Commonwealth if approved by the Chief Information Officer of the Commonwealth. The writing shall document the basis for this determination. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by online public auctions.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2","next_prefix":"I"},"12":{"id":221938,"text":"The purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by reverse auctioning.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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}],"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4303\/","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 28 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 1985, chapter 164; in 1986, chapters 332 and 559; in 1987, chapter 456; in 1988, chapters 40 and 640; in 1989, chapter 296; in 1991, chapter 73; in 1993, chapter 242; in 1996, chapters 827<\/a>, 965<\/a>, and 1019<\/a>; in 1999, chapter 178<\/a>; in 2000, chapters 637<\/a>, 647<\/a>, 664<\/a>, and 692<\/a>; in 2001, chapters 395<\/a> and 844<\/a>; in 2003, chapters 644<\/a> and 895<\/a>; in 2004, chapters 706<\/a>, 874<\/a>, and 906<\/a>; in 2005, chapter 394<\/a>; in 2006, chapters 464<\/a> and 510<\/a>; in 2008, chapter 78<\/a>; in 2009, chapter 123<\/a>; in 2010, chapter 567<\/a>; in 2011, chapters 332<\/a>, 594<\/a>, 612<\/a>, and 681<\/a>; in 2012, chapters 805<\/a> and 836<\/a>; in 2013, chapters 502<\/a> and 583<\/a>; in 2015, chapters 760<\/a> and 776<\/a>; in 2016, chapters 228<\/a> and 604<\/a>; in 2017, chapters 699<\/a> and 704<\/a>; in 2018, chapter 461<\/a>; in 2020, chapters 44<\/a> and 104<\/a>; in 2022, chapter 360<\/a>; in 2024, chapters 438<\/a> and 544<\/a>.<\/p>","references":[{"id":80330,"section_number":"15.2-5102.1","catch_line":"(For contingent expiration date, see Acts 2009, c. 742, cl. 3) Hampton Roads area refuse collection and disposal system authority","order_by":null,"url":"\/15.2-5102.1\/"},{"id":82904,"section_number":"15.2-6314.1","catch_line":"Applicability of the Virginia Personnel Act and the Virginia Public Procurement Act","order_by":null,"url":"\/15.2-6314.1\/"},{"id":60269,"section_number":"2.2-4304","catch_line":"Joint and cooperative procurement","order_by":null,"url":"\/2.2-4304\/"},{"id":67205,"section_number":"2.2-4305","catch_line":"Competitive procurement by localities on state-aid projects","order_by":null,"url":"\/2.2-4305\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":72767,"section_number":"2.2-4345","catch_line":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations","order_by":null,"url":"\/2.2-4345\/"},{"id":62780,"section_number":"2.2-4346","catch_line":"Other exemptions for certain transactions","order_by":null,"url":"\/2.2-4346\/"},{"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":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":55607,"section_number":"24.2-602","catch_line":"Exemption for ballots and election materials from certain purchasing and procurement requirements","order_by":null,"url":"\/24.2-602\/"},{"id":69813,"section_number":"3.2-3006","catch_line":"Revenue-producing activities of the Wine Board","order_by":null,"url":"\/3.2-3006\/"},{"id":81075,"section_number":"3.2-3013","catch_line":"Revenue-producing activities of the Board","order_by":null,"url":"\/3.2-3013\/"},{"id":60169,"section_number":"33.2-209","catch_line":"Construction and maintenance contracts and activities related to passenger and freight rail and public transportation","order_by":null,"url":"\/33.2-209\/"},{"id":61222,"section_number":"33.2-223","catch_line":"General powers of Commissioner of Highways","order_by":null,"url":"\/33.2-223\/"}],"refers_to":[{"id":80758,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","order_by":null,"url":"\/2.2-4302.2\/"},{"id":63977,"section_number":"2.2-4378","catch_line":"Purpose; applicability","order_by":null,"url":"\/2.2-4378\/"}],"permalink":{"id":177015,"object_type":"law","relational_id":60713,"identifier":"2.2-4303","token":"2.2\/II\/B\/43\/2\/2.2-4303","url":"\/2.2-4303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4303\/","token":"2.2\/II\/B\/43\/2\/2.2-4303","dublin_core":{"Title":"Methods of procurement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All public contracts<\/span> with nongovernmental contractors for the purchase or lease of goods<\/span>, or for the purchase of services<\/span>, insurance, or construction<\/span>, shall be awarded after competitive sealed<\/span> bidding, or competitive negotiation as provided in this section, unless otherwise authorized by law<\/span>. All state public bodies accepting bids or proposals for contracts pursuant to this chapter shall provide an option to submit bids or proposals through the Commonwealth’s statewide electronic procurement system, known as eVA. The Director of the Department of General Services<\/span>, or his designee, may grant an exemption from such requirement at the request of a state public body<\/span> and upon a showing of good cause. All local public bodies shall provide an option to submit bids or proposals through eVA or other electronic means. In cases where bids or proposals are submitted electronically, the local public body<\/span> may also require a certain number of paper submissions for review purposes. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Professional services<\/span> shall be procured by competitive negotiation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Goods<\/span>, services other than professional services<\/span>, and insurance may be procured by competitive sealed<\/span> bidding or competitive negotiation.\n\t\t\tUpon a written determination made in advance by (i) the Governor or his designee in the case of a procurement by the Commonwealth or by a department, agency or institution thereof or (ii) the local governing body in the case of a procurement by a political subdivision of the Commonwealth, that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services<\/span> set forth in § 2.2-4302.2<\/a>. The basis for this determination shall be documented in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Construction<\/span> may be procured only by competitive sealed<\/span> bidding, except that competitive negotiation may be used in the following instances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> By any public body<\/span> on a fixed price design-build basis or construction<\/span> management basis as provided in Chapter 43.1 (§ 2.2-4378<\/a> et seq.); or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By any public body<\/span> for the construction<\/span> of highways and any draining, dredging, excavation, grading or similar work upon real property upon a determination made in advance by the public body<\/span> and set forth in writing that competitive sealed<\/span> bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon a determination in writing that there is only one source practicably available for that which is to be procured, a contract<\/span> may be negotiated and awarded to that source without competitive sealed<\/span> bidding or competitive negotiation. The writing shall document the basis for this determination. The public body<\/span> shall issue<\/span> a written notice stating that only one source was determined to be practicably available, and identifying that which is being procured, the contractor selected, and the date on which the contract<\/span> was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body<\/span> awards or announces its decision to award the contract<\/span>, whichever occurs first. Posting on the Department of General Services’ central electronic procurement website shall be required of any state public body<\/span>. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In case of emergency, a contract<\/span> may be awarded without competitive sealed<\/span> bidding or competitive negotiation; however, such procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract<\/span> file. The public body<\/span> shall issue<\/span> a written notice stating that the contract<\/span> is being awarded on an emergency basis, and identifying that which is being procured, the contractor selected, and the date on which the contract<\/span> was or will be awarded. This notice shall be posted on the Department of General Services’ central electronic procurement website or other appropriate websites, and in addition, public bodies may publish in a newspaper of general circulation on the day the public body<\/span> awards or announces its decision to award the contract<\/span>, whichever occurs first, or as soon thereafter as is practicable. Posting on the Department of General Services’ central electronic procurement website shall be required of any state public body<\/span>. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A public body<\/span> may establish purchase procedures, if adopted in writing, not requiring competitive sealed<\/span> bids or competitive negotiation for single or term contracts for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Goods<\/span> and services other than professional services<\/span>, if the aggregate or the sum of all phases is not expected to exceed $200,000, and non-transportation-related construction<\/span>, if the aggregate or the sum of all phases is not expected to exceed $300,000; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Transportation-related construction<\/span>, if the aggregate or sum of all phases is not expected to exceed $25,000.\n\t\t\t\tHowever, such small purchase procedures shall provide for competition wherever practicable.\n\t\t\t\tSuch purchase procedures may allow for single or term contracts for professional services<\/span> without requiring competitive negotiation, provided the aggregate or the sum of all phases is not expected to exceed $80,000.\n\t\t\t\tWhere small purchase procedures are adopted for construction<\/span>, the procedures shall not waive<\/span> compliance with the Uniform State Building Code.\n\t\t\t\tFor state public bodies, informal solicitations conducted under this subsection shall require the posting of a public notice on the Department of General Services’ central electronic procurement website. Local public bodies are encouraged to utilize the Department of General Services’ central electronic procurement website to provide the public with centralized visibility and access to the Commonwealth’s procurement opportunities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Upon a determination made in advance by a public body<\/span> and set forth in writing that the purchase of goods<\/span>, products or commodities from a public auction sale is in the best interests of the public, such items may be purchased at the auction, including online public auctions. Purchase of information technology and telecommunications goods<\/span> and nonprofessional services<\/span> from a public auction sale shall be permitted by any authority, department, agency, or institution of the Commonwealth if approved by the Chief Information Officer of the Commonwealth. The writing shall document the basis for this determination. However, bulk purchases of commodities used in road and highway construction<\/span> and maintenance, and aggregates shall not be made by online public auctions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The purchase of goods<\/span> or nonprofessional services<\/span>, but not construction<\/span> or professional services<\/span>, may be made by reverse auctioning<\/span>. However, bulk purchases of commodities used in road and highway construction<\/span> and maintenance, and aggregates shall not be made by reverse auctioning<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMETHODS OF PROCUREMENT (\u00a7 2.2-4303)\n\nA. All public contracts with nongovernmental contractors for the purchase or\nlease of goods, or for the purchase of services, insurance, or construction,\nshall be awarded after competitive sealed bidding, or competitive negotiation as\nprovided in this section, unless otherwise authorized by law. All state public\nbodies accepting bids or proposals for contracts pursuant to this chapter shall\nprovide an option to submit bids or proposals through the Commonwealth’s\nstatewide electronic procurement system, known as eVA. The Director of the\nDepartment of General Services, or his designee, may grant an exemption from\nsuch requirement at the request of a state public body and upon a showing of\ngood cause. All local public bodies shall provide an option to submit bids or\nproposals through eVA or other electronic means. In cases where bids or\nproposals are submitted electronically, the local public body may also require a\ncertain number of paper submissions for review purposes.\n\nB. Professional services shall be procured by competitive negotiation.\n\nC. Goods, services other than professional services, and insurance may be\nprocured by competitive sealed bidding or competitive negotiation.\n\t\t\tUpon a written determination made in advance by (i) the Governor or his\ndesignee in the case of a procurement by the Commonwealth or by a department,\nagency or institution thereof or (ii) the local governing body in the case of a\nprocurement by a political subdivision of the Commonwealth, that competitive\nnegotiation is either not practicable or not fiscally advantageous, insurance\nmay be procured through a licensed agent or broker selected in the manner\nprovided for the procurement of things other than professional services set\nforth in § 2.2-4302.2. The basis for this determination shall be documented\nin writing.\n\nD. Construction may be procured only by competitive sealed bidding, except that\ncompetitive negotiation may be used in the following instances:\n\n 1. By any public body on a fixed price design-build basis or construction\n management basis as provided in Chapter 43.1 (§ 2.2-4378 et seq.); or\n\n 2. By any public body for the construction of highways and any draining,\n dredging, excavation, grading or similar work upon real property upon a\n determination made in advance by the public body and set forth in writing that\n competitive sealed bidding is either not practicable or not fiscally\n advantageous to the public, which writing shall document the basis for this\n determination.\n\nE. Upon a determination in writing that there is only one source practicably\navailable for that which is to be procured, a contract may be negotiated and\nawarded to that source without competitive sealed bidding or competitive\nnegotiation. The writing shall document the basis for this determination. The\npublic body shall issue a written notice stating that only one source was\ndetermined to be practicably available, and identifying that which is being\nprocured, the contractor selected, and the date on which the contract was or\nwill be awarded. This notice shall be posted on the Department of General\nServices’ central electronic procurement website or other appropriate\nwebsites, and in addition, public bodies may publish in a newspaper of general\ncirculation on the day the public body awards or announces its decision to award\nthe contract, whichever occurs first. Posting on the Department of General\nServices’ central electronic procurement website shall be required of any\nstate public body. Local public bodies are encouraged to utilize the Department\nof General Services’ central electronic procurement website to provide the\npublic with centralized visibility and access to the Commonwealth’s\nprocurement opportunities.\n\nF. In case of emergency, a contract may be awarded without competitive sealed\nbidding or competitive negotiation; however, such procurement shall be made with\nsuch competition as is practicable under the circumstances. A written\ndetermination of the basis for the emergency and for the selection of the\nparticular contractor shall be included in the contract file. The public body\nshall issue a written notice stating that the contract is being awarded on an\nemergency basis, and identifying that which is being procured, the contractor\nselected, and the date on which the contract was or will be awarded. This notice\nshall be posted on the Department of General Services’ central electronic\nprocurement website or other appropriate websites, and in addition, public\nbodies may publish in a newspaper of general circulation on the day the public\nbody awards or announces its decision to award the contract, whichever occurs\nfirst, or as soon thereafter as is practicable. Posting on the Department of\nGeneral Services’ central electronic procurement website shall be required\nof any state public body. Local public bodies are encouraged to utilize the\nDepartment of General Services’ central electronic procurement website to\nprovide the public with centralized visibility and access to the\nCommonwealth’s procurement opportunities.\n\nG. A public body may establish purchase procedures, if adopted in writing, not\nrequiring competitive sealed bids or competitive negotiation for single or term\ncontracts for:\n\n 1. Goods and services other than professional services, if the aggregate or\n the sum of all phases is not expected to exceed $200,000, and\n non-transportation-related construction, if the aggregate or the sum of all\n phases is not expected to exceed $300,000; and\n\n 2. Transportation-related construction, if the aggregate or sum of all phases\n is not expected to exceed $25,000.\n \t\t\t\tHowever, such small purchase procedures shall provide for competition\n wherever practicable.\n \t\t\t\tSuch purchase procedures may allow for single or term contracts for\n professional services without requiring competitive negotiation, provided the\n aggregate or the sum of all phases is not expected to exceed $80,000.\n \t\t\t\tWhere small purchase procedures are adopted for construction, the\n procedures shall not waive compliance with the Uniform State Building Code.\n \t\t\t\tFor state public bodies, informal solicitations conducted under this\n subsection shall require the posting of a public notice on the Department of\n General Services’ central electronic procurement website. Local public\n bodies are encouraged to utilize the Department of General Services’\n central electronic procurement website to provide the public with centralized\n visibility and access to the Commonwealth’s procurement opportunities.\n\nH. Upon a determination made in advance by a public body and set forth in\nwriting that the purchase of goods, products or commodities from a public\nauction sale is in the best interests of the public, such items may be purchased\nat the auction, including online public auctions. Purchase of information\ntechnology and telecommunications goods and nonprofessional services from a\npublic auction sale shall be permitted by any authority, department, agency, or\ninstitution of the Commonwealth if approved by the Chief Information Officer of\nthe Commonwealth. The writing shall document the basis for this determination.\nHowever, bulk purchases of commodities used in road and highway construction and\nmaintenance, and aggregates shall not be made by online public auctions.\n\nI. The purchase of goods or nonprofessional services, but not construction or\nprofessional services, may be made by reverse auctioning. However, bulk\npurchases of commodities used in road and highway construction and maintenance,\nand aggregates shall not be made by reverse auctioning.\n\nHISTORY: 1982, c. 647, \u00a7 11-41; 1985, c. 164; 1986, cc. 332, 559; 1987, c. 456;\n1988, cc. 40, 640; 1989, c. 296; 1991, c. 73; 1993, c. 242; 1996, cc. 827, 965,\n1019; 1999, c. 178; 2000, cc. 637, 647, 664, 692; 2001, cc. 395, 844; 2003, cc.\n644, 895; 2004, cc. 706, 874, 906; 2005, c. 394; 2006, cc. 464, 510; 2008, c.\n78; 2009, c. 123; 2010, c. 567; 2011, cc. 332, 594, 612, 681; 2012, cc. 805,\n836; 2013, cc. 502, 583; 2015, cc. 760, 776; 2016, cc. 228, 604; 2017, cc. 699,\n704; 2018, c. 461; 2020, cc. 44, 104; 2022, c. 360; 2024, cc. 438, 544.","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}}