{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4331.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4331.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4331.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4331.html"}],"law_id":66024,"edition_id":1,"section_id":66024,"structure_id":12805,"section_number":"2.2-4331","catch_line":"Contract pricing arrangements","history":"1982, c. 647, \u00a7 11-43; 2001, c. 844; 2013, c. 496.","full_text":"A\n\nExcept as prohibited in this section, public contracts may be awarded on a fixed price or cost reimbursement basis, or on any other basis that is not prohibited.B\n\nExcept in case of emergency affecting the public health, safety, or welfare, no public contract shall be awarded on the basis of cost plus a percentage of cost.C\n\nThe following contract pricing arrangements shall not be prohibited by this section:1\n\nA policy or contract of insurance or prepaid coverage having a premium computed on the basis of claims paid or incurred, plus the insurance carrier’s administrative costs and retention stated in whole or part as a percentage of such claims; or2\n\nA cost plus a percentage of the private investment made by a private entity as a basis for the procurement of commercial or financial consulting services related to a qualifying transportation facility under the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or a qualifying project under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) where the commercial or financial consulting services are sought to solicit or to solicit and evaluate proposals for the qualifying transportation facility or the qualifying project. As used in this section, “private entity” and “qualifying transportation facility” mean the same as those terms are defined in § 33.2-1800 and “qualifying project” means the same as that term is defined in § 56-575.1.","order_by":null,"text":{"0":{"id":239916,"text":"Except as prohibited in this section, public contracts may be awarded on a fixed price or cost reimbursement basis, or on any other basis that is not prohibited.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239917,"text":"Except in case of emergency affecting the public health, safety, or welfare, no public contract shall be awarded on the basis of cost plus a percentage of cost.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":239918,"text":"The following contract pricing arrangements shall not be prohibited by this section:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":239919,"text":"A policy or contract of insurance or prepaid coverage having a premium computed on the basis of claims paid or incurred, plus the insurance carrier’s administrative costs and retention stated in whole or part as a percentage of such claims; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":239920,"text":"A cost plus a percentage of the private investment made by a private entity as a basis for the procurement of commercial or financial consulting services related to a qualifying transportation facility under the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or a qualifying project under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) where the commercial or financial consulting services are sought to solicit or to solicit and evaluate proposals for the qualifying transportation facility or the qualifying project. As used in this section, “private entity” and “qualifying transportation facility” mean the same as those terms are defined in § 33.2-1800 and “qualifying project” means the same as that term is defined in § 56-575.1.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4331\/","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 2 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 2001, chapter 844<\/a>; in 2013, chapter 496<\/a>.<\/p>","references":false,"refers_to":[{"id":58174,"section_number":"33.2-1800","catch_line":"Definitions","order_by":null,"url":"\/33.2-1800\/"},{"id":54549,"section_number":"56-575.1","catch_line":"Definitions","order_by":null,"url":"\/56-575.1\/"}],"permalink":{"id":177199,"object_type":"law","relational_id":66024,"identifier":"2.2-4331","token":"2.2\/II\/B\/43\/2\/2.2-4331","url":"\/2.2-4331\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4331\/","token":"2.2\/II\/B\/43\/2\/2.2-4331","dublin_core":{"Title":"Contract pricing arrangements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4331","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as prohibited in this section, public contracts<\/span> may be awarded on a fixed price or cost reimbursement basis, or on any other basis that is not prohibited. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except in case of emergency affecting the public health, safety, or welfare, no public contract<\/span> shall be awarded on the basis of cost plus a percentage of cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following contract pricing arrangements shall not be prohibited by this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A policy or contract of insurance or prepaid coverage having a premium computed on the basis of claims paid or incurred, plus the insurance carrier’s administrative costs and retention stated in whole or part as a percentage of such claims; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A cost plus a percentage of the private investment made by a private entity<\/span> as a basis for the procurement of commercial or financial consulting services<\/span> related to a qualifying transportation facility<\/span> under the Public-Private Transportation Act of 1995 (§ 33.2-1800<\/a> et seq.) or a qualifying project<\/span> under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1<\/a> et seq.) where the commercial or financial consulting services<\/span> are sought to solicit or to solicit and evaluate proposals for the qualifying transportation facility<\/span> or the qualifying project<\/span>. As used in this section, “private entity<\/span>” and “qualifying transportation facility<\/span>” mean the same as those terms are defined in § 33.2-1800<\/a> and “qualifying project<\/span>” means the same as that term is defined in § 56-575.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTRACT PRICING ARRANGEMENTS (\u00a7 2.2-4331)\n\nA. Except as prohibited in this section, public contracts may be awarded on a\nfixed price or cost reimbursement basis, or on any other basis that is not\nprohibited.\n\nB. Except in case of emergency affecting the public health, safety, or welfare,\nno public contract shall be awarded on the basis of cost plus a percentage of\ncost.\n\nC. The following contract pricing arrangements shall not be prohibited by this\nsection:\n\n 1. A policy or contract of insurance or prepaid coverage having a premium\n computed on the basis of claims paid or incurred, plus the insurance\n carrier’s administrative costs and retention stated in whole or part as\n a percentage of such claims; or\n\n 2. A cost plus a percentage of the private investment made by a private entity\n as a basis for the procurement of commercial or financial consulting services\n related to a qualifying transportation facility under the Public-Private\n Transportation Act of 1995 (§ 33.2-1800 et seq.) or a qualifying project\n under the Public-Private Education Facilities and Infrastructure Act of 2002\n (§ 56-575.1 et seq.) where the commercial or financial consulting\n services are sought to solicit or to solicit and evaluate proposals for the\n qualifying transportation facility or the qualifying project. As used in this\n section, “private entity” and “qualifying transportation\n facility” mean the same as those terms are defined in § 33.2-1800\n and “qualifying project” means the same as that term is defined in\n § 56-575.1.\n\nHISTORY: 1982, c. 647, \u00a7 11-43; 2001, c. 844; 2013, c. 496.","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}}