{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4343.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4343.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4343.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4343.html"}],"law_id":54190,"edition_id":1,"section_id":54190,"structure_id":13174,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","history":"1982, c. 647, \u00a7\u00a7 11-35, 11-39, 11-40; 1983, c. 593; 1984, cc. 159, 330, 764, \u00a7 11-40.2; 1985, c. 74; 1986, cc. 149, 212, 559; 1987, c. 583; 1991, c. 645; 1994, cc. 661, 918; 1995, c. 18; 1996, cc. 261, 280, 683, 1019; 1997, cc. 85, 488, 785, 861, 863; 1998, cc. 121, 132; 1999, cc. 230, 248, 735, 910, \u00a7 11-40.4; 2000, cc. 29, 382, 400, 642, 644, 666, 703; 2001, cc. 392, 409, 736, 753, 774, 844; 2002, cc. 87, 478, 491, 582, 595; 2003, cc. 226, 1008; 2004, cc. 145, 865, 891; 2006, c. 656; 2007, cc. 434, 697; 2008, c. 184; 2009, cc. 737, 767; 2010, c. 694; 2011, c. 23; 2012, cc. 803, 805, 835, 836; 2013, cc. 583, 762, 794; 2015, cc. 760, 776; 2016, cc. 296, 465; 2017, cc. 87, 625, 699, 704; 2018, cc. 31, 463; 2019, c. 427; 2020, cc. 681, 682; 2020, Sp. Sess. I, cc. 17, 38; 2023, cc. 756, 778; 2024, c. 217; 2025, c. 518.","full_text":"A\n\nThe provisions of this chapter shall not apply to:1\n\nThe Virginia Port Authority in the exercise of any of its powers in accordance with Chapter 10 (§ 62.1-128 et seq.) of Title 62.1, provided that the Authority implements, by policy or regulation adopted by the Board of Commissioners, procedures to ensure fairness and competitiveness in the procurement of goods and services and in the administration of its capital outlay program. This exemption shall be applicable only so long as such policies and procedures meeting the requirements remain in effect.2\n\nThe Virginia Retirement System for selection of services related to the management, purchase or sale of authorized investments, actuarial services, and disability determination services. Selection of these services shall be governed by the standard set forth in § 51.1-124.30.3\n\nThe State Treasurer in the selection of investment management services related to the external management of funds shall be governed by the standard set forth in § 2.2-4514, and shall be subject to competitive guidelines and policies that are set by the Commonwealth Treasury Board and approved by the Department of General Services.4\n\nThe Department of Social Services or local departments of social services for the acquisition of motor vehicles for sale or transfer to Temporary Assistance to Needy Families (TANF) recipients.5\n\nThe College of William and Mary in Virginia, Virginia Commonwealth University, the University of Virginia, and Virginia Polytechnic Institute and State University in the selection of services related to the management and investment of their endowment funds, endowment income, gifts, all other nongeneral fund reserves and balances, or local funds of or held by the respective public institution of higher education pursuant to § 23.1-2210, 23.1-2306, 23.1-2604, or 23.1-2803. However, selection of these services shall be governed by the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100 et seq.) as required by §§ 23.1-2210, 23.1-2306, 23.1-2604, and 23.1-2803.6\n\nThe Board of the Commonwealth Savers Plan for the selection of services related to the operation and administration of the Plan, including, but not limited to, contracts or agreements for the management, purchase, or sale of authorized investments or actuarial, record keeping, or consulting services. However, such selection shall be governed by the standard set forth in § 23.1-706.7\n\nPublic institutions of higher education for the purchase of items for resale at retail bookstores and similar retail outlets operated by such institutions. However, such purchase procedures shall provide for competition where practicable.8\n\nThe purchase of goods and services by agencies of the legislative branch that may be specifically exempted therefrom by the Chairman of the Committee on Rules of either the House of Delegates or the Senate. Nor shall the contract review provisions of § 2.2-2012 apply to such procurements. The exemption shall be in writing and kept on file with the agency’s disbursement records.9\n\nAny town with a population of less than 3,500, except as stipulated in the provisions of §§ 2.2-4305, 2.2-4311, 2.2-4315, 2.2-4330, 2.2-4333 through 2.2-4338, 2.2-4343.1, and 2.2-4367 through 2.2-4377 and Chapter 43.1 (§ 2.2-4378 et seq.).10\n\nAny county, city or town whose governing body has adopted, by ordinance or resolution, alternative policies and procedures which are (i) based on competitive principles and (ii) generally applicable to procurement of goods and services by such governing body and its agencies, except as stipulated in subdivision 12.\n\t\t\t\tThis exemption shall be applicable only so long as such policies and procedures, or other policies and procedures meeting the requirements of § 2.2-4300, remain in effect in such county, city or town. Such policies and standards may provide for incentive contracting that offers a contractor whose bid is accepted the opportunity to share in any cost savings realized by the locality when project costs are reduced by such contractor, without affecting project quality, during construction of the project. The fee, if any, charged by the project engineer or architect for determining such cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings.11\n\nAny school division whose school board has adopted, by policy or regulation, alternative policies and procedures that are (i) based on competitive principles and (ii) generally applicable to procurement of goods and services by the school board, except as stipulated in subdivision 12.\n\t\t\t\tThis exemption shall be applicable only so long as such policies and procedures, or other policies or procedures meeting the requirements of § 2.2-4300, remain in effect in such school division. This provision shall not exempt any school division from any centralized purchasing ordinance duly adopted by a local governing body.12\n\nNotwithstanding the exemptions set forth in subdivisions 9 through 11, the provisions of subsections B, C, and D of § 2.2-4303, §§ 2.2-4305, 2.2-4311, 2.2-4315, 2.2-4317, 2.2-4330, 2.2-4333 through 2.2-4338, 2.2-4342, 2.2-4343.1, and 2.2-4367 through 2.2-4377, Chapter 43.1 (§ 2.2-4378 et seq.), and § 58.1-1902 shall apply to all counties, cities, and school divisions and to all towns having a population greater than 3,500 in the Commonwealth.\n\t\t\t\tThe method for procurement of professional services through competitive negotiation set forth in §§ 2.2-4302.2, 2.2-4303.1, and 2.2-4303.2 shall also apply to all counties, cities, and school divisions, and to all towns having a population greater than 3,500, where the cost of the professional service is expected to exceed $80,000 in the aggregate or for the sum of all phases of a contract or project. A school board that makes purchases through its public school foundation or purchases educational technology through its educational technology foundation, either as may be established pursuant to § 22.1-212.2:2 shall be exempt from the provisions of this chapter, except, relative to such purchases, the school board shall comply with the provisions of §§ 2.2-4311 and 2.2-4367 through 2.2-4377.13\n\nA public body that is also a utility operator may purchase services through or participate in contracts awarded by one or more utility operators that are not public bodies for utility marking services as required by the Underground Utility Damage Prevention Act (§ 56-265.14 et seq.). A purchase of services under this subdivision may deviate from the procurement procedures set forth in this chapter 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, and the contract is awarded based on competitive principles.14\n\nProcurement of any construction or planning and design services for construction by a Virginia nonprofit corporation or organization not otherwise specifically exempted when (i) the planning, design or construction is funded by state appropriations of $10,000 or less or (ii) the Virginia nonprofit corporation or organization is obligated to conform to procurement procedures that are established by federal statutes or regulations, whether those federal procedures are in conformance with the provisions of this chapter.15\n\nPurchases, exchanges, gifts or sales by the Citizens’ Advisory Council on Furnishing and Interpreting the Executive Mansion.16\n\nThe Department of Corrections in the selection of pre-release and post-incarceration services and the Department of Juvenile Justice in the selection of pre-release and post-commitment services.17\n\nThe University of Virginia Medical Center to the extent provided by subdivision A 3 of § 23.1-2213.18\n\nThe purchase of goods and services by a local governing body or any authority, board, department, instrumentality, institution, agency or other unit of state government when such purchases are made under a remedial plan established by the Governor pursuant to subsection C of § 2.2-4310 or by a chief administrative officer of a county, city or town pursuant to § 15.2-965.1.19\n\nThe contract by community services boards or behavioral health authorities with an administrator or management body pursuant to a joint agreement authorized by § 37.2-512 or 37.2-615.20\n\nThe purchase of Virginia-grown food products for use by a public body where the annual cost of the product is not expected to exceed $100,000, provided that the procurement is accomplished by (i) obtaining written informal solicitation of a minimum of three bidders or offerors if practicable and (ii) including a written statement regarding the basis for awarding the contract.21\n\nThe Virginia Industries for the Blind when procuring components, materials, supplies, or services for use in commodities and services furnished to the federal government in connection with its operation as an AbilityOne Program-qualified nonprofit agency for the blind under the Javits-Wagner-O’Day Act, 41 U.S.C. §§ 8501-8506, provided that the procurement is accomplished using procedures that ensure that funds are used as efficiently as practicable. Such procedures shall require documentation of the basis for awarding contracts. Notwithstanding the provisions of § 2.2-1117, no public body shall be required to purchase such components, materials, supplies, services, or commodities.22\n\nThe purchase of personal protective equipment for private, nongovernmental entities by the Governor pursuant to subdivision (11) of § 44-146.17 during a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared. However, such purchase shall provide for competition where practicable and include a written statement regarding the basis for awarding any contract. As used in this subdivision, “personal protective equipment” means equipment or supplies worn or employed to minimize exposure to hazards that cause serious workplace injuries and illnesses and may include items such as gloves, safety glasses and shoes, earplugs or earmuffs, hard hats, respirators, coveralls, vests, full body suits, hand sanitizer, plastic shields, or testing kits for the communicable disease of public health threat.B\n\nWhere a procurement transaction involves the expenditure of federal assistance or contract funds, the receipt of which is conditioned upon compliance with mandatory requirements in federal laws or regulations not in conformance with the provisions of this chapter, a public body may comply with such federal requirements, notwithstanding the provisions of this chapter, only upon the written determination of the Governor, in the case of state agencies, or the governing body, in the case of political subdivisions, that acceptance of the grant or contract funds under the applicable conditions is in the public interest. Such determination shall state the specific provision of this chapter in conflict with the conditions of the grant or contract.","order_by":null,"text":{"0":{"id":198908,"text":"The provisions of this chapter shall not apply to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":198909,"text":"The Virginia Port Authority in the exercise of any of its powers in accordance with Chapter 10 (§ 62.1-128 et seq.) of Title 62.1, provided that the Authority implements, by policy or regulation adopted by the Board of Commissioners, procedures to ensure fairness and competitiveness in the procurement of goods and services and in the administration of its capital outlay program. This exemption shall be applicable only so long as such policies and procedures meeting the requirements remain in effect.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":198910,"text":"The Virginia Retirement System for selection of services related to the management, purchase or sale of authorized investments, actuarial services, and disability determination services. Selection of these services shall be governed by the standard set forth in § 51.1-124.30.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":198911,"text":"The State Treasurer in the selection of investment management services related to the external management of funds shall be governed by the standard set forth in § 2.2-4514, and shall be subject to competitive guidelines and policies that are set by the Commonwealth Treasury Board and approved by the Department of General Services.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":198912,"text":"The Department of Social Services or local departments of social services for the acquisition of motor vehicles for sale or transfer to Temporary Assistance to Needy Families (TANF) recipients.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":198913,"text":"The College of William and Mary in Virginia, Virginia Commonwealth University, the University of Virginia, and Virginia Polytechnic Institute and State University in the selection of services related to the management and investment of their endowment funds, endowment income, gifts, all other nongeneral fund reserves and balances, or local funds of or held by the respective public institution of higher education pursuant to § 23.1-2210, 23.1-2306, 23.1-2604, or 23.1-2803. However, selection of these services shall be governed by the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100 et seq.) as required by §§ 23.1-2210, 23.1-2306, 23.1-2604, and 23.1-2803.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":198914,"text":"The Board of the Commonwealth Savers Plan for the selection of services related to the operation and administration of the Plan, including, but not limited to, contracts or agreements for the management, purchase, or sale of authorized investments or actuarial, record keeping, or consulting services. However, such selection shall be governed by the standard set forth in § 23.1-706.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":198915,"text":"Public institutions of higher education for the purchase of items for resale at retail bookstores and similar retail outlets operated by such institutions. However, such purchase procedures shall provide for competition where practicable.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":198916,"text":"The purchase of goods and services by agencies of the legislative branch that may be specifically exempted therefrom by the Chairman of the Committee on Rules of either the House of Delegates or the Senate. Nor shall the contract review provisions of § 2.2-2012 apply to such procurements. The exemption shall be in writing and kept on file with the agency’s disbursement records.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":198917,"text":"Any town with a population of less than 3,500, except as stipulated in the provisions of §§ 2.2-4305, 2.2-4311, 2.2-4315, 2.2-4330, 2.2-4333 through 2.2-4338, 2.2-4343.1, and 2.2-4367 through 2.2-4377 and Chapter 43.1 (§ 2.2-4378 et seq.).","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":198918,"text":"Any county, city or town whose governing body has adopted, by ordinance or resolution, alternative policies and procedures which are (i) based on competitive principles and (ii) generally applicable to procurement of goods and services by such governing body and its agencies, except as stipulated in subdivision 12.\n\t\t\t\tThis exemption shall be applicable only so long as such policies and procedures, or other policies and procedures meeting the requirements of § 2.2-4300, remain in effect in such county, city or town. Such policies and standards may provide for incentive contracting that offers a contractor whose bid is accepted the opportunity to share in any cost savings realized by the locality when project costs are reduced by such contractor, without affecting project quality, during construction of the project. The fee, if any, charged by the project engineer or architect for determining such cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":198919,"text":"Any school division whose school board has adopted, by policy or regulation, alternative policies and procedures that are (i) based on competitive principles and (ii) generally applicable to procurement of goods and services by the school board, except as stipulated in subdivision 12.\n\t\t\t\tThis exemption shall be applicable only so long as such policies and procedures, or other policies or procedures meeting the requirements of § 2.2-4300, remain in effect in such school division. This provision shall not exempt any school division from any centralized purchasing ordinance duly adopted by a local governing body.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":198920,"text":"Notwithstanding the exemptions set forth in subdivisions 9 through 11, the provisions of subsections B, C, and D of § 2.2-4303, §§ 2.2-4305, 2.2-4311, 2.2-4315, 2.2-4317, 2.2-4330, 2.2-4333 through 2.2-4338, 2.2-4342, 2.2-4343.1, and 2.2-4367 through 2.2-4377, Chapter 43.1 (§ 2.2-4378 et seq.), and § 58.1-1902 shall apply to all counties, cities, and school divisions and to all towns having a population greater than 3,500 in the Commonwealth.\n\t\t\t\tThe method for procurement of professional services through competitive negotiation set forth in §§ 2.2-4302.2, 2.2-4303.1, and 2.2-4303.2 shall also apply to all counties, cities, and school divisions, and to all towns having a population greater than 3,500, where the cost of the professional service is expected to exceed $80,000 in the aggregate or for the sum of all phases of a contract or project. A school board that makes purchases through its public school foundation or purchases educational technology through its educational technology foundation, either as may be established pursuant to § 22.1-212.2:2 shall be exempt from the provisions of this chapter, except, relative to such purchases, the school board shall comply with the provisions of §§ 2.2-4311 and 2.2-4367 through 2.2-4377.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":198921,"text":"A public body that is also a utility operator may purchase services through or participate in contracts awarded by one or more utility operators that are not public bodies for utility marking services as required by the Underground Utility Damage Prevention Act (§ 56-265.14 et seq.). A purchase of services under this subdivision may deviate from the procurement procedures set forth in this chapter 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, and the contract is awarded based on competitive principles.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":198922,"text":"Procurement of any construction or planning and design services for construction by a Virginia nonprofit corporation or organization not otherwise specifically exempted when (i) the planning, design or construction is funded by state appropriations of $10,000 or less or (ii) the Virginia nonprofit corporation or organization is obligated to conform to procurement procedures that are established by federal statutes or regulations, whether those federal procedures are in conformance with the provisions of this chapter.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":198923,"text":"Purchases, exchanges, gifts or sales by the Citizens’ Advisory Council on Furnishing and Interpreting the Executive Mansion.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":198924,"text":"The Department of Corrections in the selection of pre-release and post-incarceration services and the Department of Juvenile Justice in the selection of pre-release and post-commitment services.","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":198925,"text":"The University of Virginia Medical Center to the extent provided by subdivision A 3 of § 23.1-2213.","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":198926,"text":"The purchase of goods and services by a local governing body or any authority, board, department, instrumentality, institution, agency or other unit of state government when such purchases are made under a remedial plan established by the Governor pursuant to subsection C of § 2.2-4310 or by a chief administrative officer of a county, city or town pursuant to § 15.2-965.1.","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":198927,"text":"The contract by community services boards or behavioral health authorities with an administrator or management body pursuant to a joint agreement authorized by § 37.2-512 or 37.2-615.","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":198928,"text":"The purchase of Virginia-grown food products for use by a public body where the annual cost of the product is not expected to exceed $100,000, provided that the procurement is accomplished by (i) obtaining written informal solicitation of a minimum of three bidders or offerors if practicable and (ii) including a written statement regarding the basis for awarding the contract.","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"A21"},"21":{"id":198929,"text":"The Virginia Industries for the Blind when procuring components, materials, supplies, or services for use in commodities and services furnished to the federal government in connection with its operation as an AbilityOne Program-qualified nonprofit agency for the blind under the Javits-Wagner-O’Day Act, 41 U.S.C. §§ 8501-8506, provided that the procurement is accomplished using procedures that ensure that funds are used as efficiently as practicable. Such procedures shall require documentation of the basis for awarding contracts. Notwithstanding the provisions of § 2.2-1117, no public body shall be required to purchase such components, materials, supplies, services, or commodities.","type":"section","prefixes":["A","21"],"prefix":"21","entire_prefix":"A21","prefix_anchor":"A21","level":2,"prior_prefix":"A20","next_prefix":"A22"},"22":{"id":198930,"text":"The purchase of personal protective equipment for private, nongovernmental entities by the Governor pursuant to subdivision (11) of § 44-146.17 during a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared. However, such purchase shall provide for competition where practicable and include a written statement regarding the basis for awarding any contract. As used in this subdivision, “personal protective equipment” means equipment or supplies worn or employed to minimize exposure to hazards that cause serious workplace injuries and illnesses and may include items such as gloves, safety glasses and shoes, earplugs or earmuffs, hard hats, respirators, coveralls, vests, full body suits, hand sanitizer, plastic shields, or testing kits for the communicable disease of public health threat.","type":"section","prefixes":["A","22"],"prefix":"22","entire_prefix":"A22","prefix_anchor":"A22","level":2,"prior_prefix":"A21","next_prefix":"B"},"23":{"id":198931,"text":"Where a procurement transaction involves the expenditure of federal assistance or contract funds, the receipt of which is conditioned upon compliance with mandatory requirements in federal laws or regulations not in conformance with the provisions of this chapter, a public body may comply with such federal requirements, notwithstanding the provisions of this chapter, only upon the written determination of the Governor, in the case of state agencies, or the governing body, in the case of political subdivisions, that acceptance of the grant or contract funds under the applicable conditions is in the public interest. Such determination shall state the specific provision of this chapter in conflict with the conditions of the grant or contract.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A22"}},"ancestry":[{"id":13174,"edition_id":1,"name":"Exemptions and Limitations","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":177255,"object_type":"structure","relational_id":13174,"identifier":"3","token":"2.2\/II\/B\/43\/3","url":"\/2.2\/II\/B\/43\/3\/","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":54190,"structure_id":13174,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","url":"\/2.2-4343\/","token":"2.2\/II\/B\/43\/3\/2.2-4343","metadata":false},{"id":86160,"structure_id":13174,"section_number":"2.2-4343.1","catch_line":"Permitted contracts with certain religious organizations; purpose; limitations","url":"\/2.2-4343.1\/","token":"2.2\/II\/B\/43\/3\/2.2-4343.1","metadata":false},{"id":77371,"structure_id":13174,"section_number":"2.2-4344","catch_line":"Exemptions from competition for certain transactions","url":"\/2.2-4344\/","token":"2.2\/II\/B\/43\/3\/2.2-4344","metadata":false},{"id":72767,"structure_id":13174,"section_number":"2.2-4345","catch_line":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations","url":"\/2.2-4345\/","token":"2.2\/II\/B\/43\/3\/2.2-4345","metadata":false},{"id":62780,"structure_id":13174,"section_number":"2.2-4346","catch_line":"Other exemptions for certain transactions","url":"\/2.2-4346\/","token":"2.2\/II\/B\/43\/3\/2.2-4346","metadata":false}],"next_section":{"id":86160,"structure_id":13174,"section_number":"2.2-4343.1","catch_line":"Permitted contracts with certain religious organizations; purpose; limitations","url":"\/2.2-4343.1\/","token":"2.2\/II\/B\/43\/3\/2.2-4343.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4343\/","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 34 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 1983, chapter 593; in 1984, chapters 159, 330, and 764; in 1985, chapter 74; in 1986, chapters 149, 212, and 559; in 1987, chapter 583; in 1991, chapter 645; in 1994, chapters 661<\/a> and 918<\/a>; in 1995, chapter 18<\/a>; in 1996, chapters 261<\/a>, 280<\/a>, 683<\/a>, and 1019<\/a>; in 1997, chapters 85<\/a>, 488<\/a>, 785<\/a>, 861<\/a>, and 863<\/a>; in 1998, chapters 121<\/a> and 132<\/a>; in 1999, chapters 230<\/a>, 248<\/a>, 735<\/a>, and 910<\/a>; in 2000, chapters 29<\/a>, 382<\/a>, 400<\/a>, 642<\/a>, 644<\/a>, 666<\/a>, and 703<\/a>; in 2001, chapters 392<\/a>, 409<\/a>, 736<\/a>, 753<\/a>, 774<\/a>, and 844<\/a>; in 2002, chapters 87<\/a>, 478<\/a>, 491<\/a>, 582<\/a>, and 595<\/a>; in 2003, chapters 226<\/a> and 1008<\/a>; in 2004, chapters 145<\/a>, 865<\/a>, and 891<\/a>; in 2006, chapter 656<\/a>; in 2007, chapters 434<\/a> and 697<\/a>; in 2008, chapter 184<\/a>; in 2009, chapters 737<\/a> and 767<\/a>; in 2010, chapter 694<\/a>; in 2011, chapter 23<\/a>; in 2012, chapters 803<\/a>, 805<\/a>, 835<\/a>, and 836<\/a>; in 2013, chapters 583<\/a>, 762<\/a>, and 794<\/a>; in 2015, chapters 760<\/a> and 776<\/a>; in 2016, chapters 296<\/a> and 465<\/a>; in 2017, chapters 87<\/a>, 625<\/a>, 699<\/a>, and 704<\/a>; in 2018, chapters 31<\/a> and 463<\/a>; in 2019, chapter 427<\/a>; in 2020, chapters 681<\/a> and 682<\/a>; in 2023, chapters 756<\/a> and 778<\/a>; in 2024, chapter 217<\/a>; in 2025, chapter 518<\/a>.<\/p>","references":[{"id":85558,"section_number":"2.2-3109","catch_line":"Prohibited contracts by other officers and employees of local governmental agencies","order_by":null,"url":"\/2.2-3109\/"},{"id":60269,"section_number":"2.2-4304","catch_line":"Joint and cooperative procurement","order_by":null,"url":"\/2.2-4304\/"},{"id":74580,"section_number":"2.2-614.4","catch_line":"Commercial activities list; publication of notice; opportunity to comment","order_by":null,"url":"\/2.2-614.4\/"},{"id":62730,"section_number":"22.1-212.2:2","catch_line":"Educational technology foundations and public school foundations","order_by":null,"url":"\/22.1-212.2_2\/"},{"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":54992,"section_number":"30-105","catch_line":"Prohibited contracts by legislators","order_by":null,"url":"\/30-105\/"}],"refers_to":[{"id":55575,"section_number":"2.2-1117","catch_line":"Purchases from Department for the Blind and Vision Impaired; violation","order_by":null,"url":"\/2.2-1117\/"},{"id":74110,"section_number":"2.2-2012","catch_line":"Additional powers and duties related to the procurement of information technology","order_by":null,"url":"\/2.2-2012\/"},{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":80758,"section_number":"2.2-4302.2","catch_line":"Process for competitive negotiation","order_by":null,"url":"\/2.2-4302.2\/"},{"id":60713,"section_number":"2.2-4303","catch_line":"Methods of procurement","order_by":null,"url":"\/2.2-4303\/"},{"id":63722,"section_number":"2.2-4303.1","catch_line":"Architectural and professional engineering term contracting; limitations","order_by":null,"url":"\/2.2-4303.1\/"},{"id":54690,"section_number":"2.2-4303.2","catch_line":"Job order contracting; limitations","order_by":null,"url":"\/2.2-4303.2\/"},{"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":59798,"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","order_by":null,"url":"\/2.2-4310\/"},{"id":62578,"section_number":"2.2-4311","catch_line":"Employment discrimination by contractor prohibited; required contract provisions","order_by":null,"url":"\/2.2-4311\/"},{"id":58266,"section_number":"2.2-4315","catch_line":"Use of brand names","order_by":null,"url":"\/2.2-4315\/"},{"id":84046,"section_number":"2.2-4317","catch_line":"Prequalification generally; prequalification for construction","order_by":null,"url":"\/2.2-4317\/"},{"id":73315,"section_number":"2.2-4330","catch_line":"Withdrawal of bid due to error","order_by":null,"url":"\/2.2-4330\/"},{"id":53971,"section_number":"2.2-4333","catch_line":"Retainage on construction contracts","order_by":null,"url":"\/2.2-4333\/"},{"id":86516,"section_number":"2.2-4338","catch_line":"Alternative forms of security","order_by":null,"url":"\/2.2-4338\/"},{"id":71233,"section_number":"2.2-4342","catch_line":"Public inspection of certain records","order_by":null,"url":"\/2.2-4342\/"},{"id":86160,"section_number":"2.2-4343.1","catch_line":"Permitted contracts with certain religious organizations; purpose; limitations","order_by":null,"url":"\/2.2-4343.1\/"},{"id":77165,"section_number":"2.2-4367","catch_line":"Purpose","order_by":null,"url":"\/2.2-4367\/"},{"id":72180,"section_number":"2.2-4377","catch_line":"Penalty for violation","order_by":null,"url":"\/2.2-4377\/"},{"id":63977,"section_number":"2.2-4378","catch_line":"Purpose; applicability","order_by":null,"url":"\/2.2-4378\/"},{"id":87084,"section_number":"2.2-4514","catch_line":"Commonwealth and its political subdivisions as trustee of public funds; standard of care in investing such funds","order_by":null,"url":"\/2.2-4514\/"},{"id":62730,"section_number":"22.1-212.2:2","catch_line":"Educational technology foundations and public school foundations","order_by":null,"url":"\/22.1-212.2_2\/"},{"id":56380,"section_number":"23.1-2210","catch_line":"Investment of endowment funds, endowment income, etc","order_by":null,"url":"\/23.1-2210\/"},{"id":62823,"section_number":"23.1-2306","catch_line":"Investment of endowment funds, endowment income, etc","order_by":null,"url":"\/23.1-2306\/"},{"id":76565,"section_number":"23.1-2604","catch_line":"Investment of endowment funds, endowment income, etc","order_by":null,"url":"\/23.1-2604\/"},{"id":86366,"section_number":"23.1-2803","catch_line":"Investment of endowment funds, endowment income, etc","order_by":null,"url":"\/23.1-2803\/"},{"id":86688,"section_number":"37.2-512","catch_line":"Authority to enter into joint agreements","order_by":null,"url":"\/37.2-512\/"},{"id":78828,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","order_by":null,"url":"\/44-146.17\/"},{"id":67078,"section_number":"56-265.14","catch_line":"Short title","order_by":null,"url":"\/56-265.14\/"},{"id":58268,"section_number":"58.1-1902","catch_line":"Debarment; civil penalty","order_by":null,"url":"\/58.1-1902\/"},{"id":63656,"section_number":"62.1-128","catch_line":"Authority created","order_by":null,"url":"\/62.1-128\/"},{"id":84375,"section_number":"64.2-1100","catch_line":"Definitions","order_by":null,"url":"\/64.2-1100\/"}],"permalink":{"id":177257,"object_type":"law","relational_id":54190,"identifier":"2.2-4343","token":"2.2\/II\/B\/43\/3\/2.2-4343","url":"\/2.2-4343\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4343\/","token":"2.2\/II\/B\/43\/3\/2.2-4343","dublin_core":{"Title":"Exemption from operation of chapter for certain transactions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4343","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

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

1.<\/span> The Virginia Port Authority in the exercise of any of its powers in accordance with Chapter 10 (§ 62.1-128<\/a> et seq.) of Title 62.1, provided that the Authority implements, by policy or regulation adopted by the Board of Commissioners, procedures to ensure fairness and competitiveness in the procurement of goods<\/span> and services<\/span> and in the administration of its capital outlay program. This exemption shall be applicable only so long as such policies and procedures meeting the requirements remain in effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Virginia Retirement System for selection of services<\/span> related to the management, purchase or sale of authorized investments, actuarial services<\/span>, and disability determination services<\/span>. Selection of these services<\/span> shall be governed by the standard set forth in § 51.1-124.30<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The State Treasurer in the selection of investment management services<\/span> related to the external management of funds shall be governed by the standard set forth in § 2.2-4514<\/a>, and shall be subject to competitive guidelines and policies that are set by the Commonwealth Treasury Board and approved by the Department of General Services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Department of Social Services<\/span> or local departments of social services<\/span> for the acquisition of motor vehicles for sale or transfer to Temporary Assistance to Needy Families (TANF) recipients. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The College of William and Mary in Virginia, Virginia Commonwealth University, the University of Virginia, and Virginia Polytechnic Institute and State University in the selection of services<\/span> related to the management and investment of their endowment funds, endowment income, gifts, all other nongeneral fund reserves and balances, or local funds of or held by the respective public institution of higher education pursuant to § 23.1-2210<\/a>, 23.1-2306<\/a>, 23.1-2604<\/a>, or 23.1-2803<\/a>. However, selection of these services<\/span> shall be governed by the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100<\/a> et seq.) as required by §§ 23.1-2210<\/a>, 23.1-2306<\/a>, 23.1-2604<\/a>, and 23.1-2803<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Board of the Commonwealth Savers Plan for the selection of services<\/span> related to the operation and administration of the Plan, including, but not limited to, contracts<\/span> or agreements for the management, purchase, or sale of authorized investments or actuarial, record keeping, or consulting services<\/span>. However, such selection shall be governed by the standard set forth in § 23.1-706<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Public institutions of higher education for the purchase of items for resale at retail bookstores and similar retail outlets operated by such institutions. However, such purchase procedures shall provide for competition where practicable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The purchase of goods<\/span> and services<\/span> by agencies of the legislative branch that may be specifically exempted therefrom by the Chairman of the Committee on Rules of either the House of Delegates or the Senate. Nor shall the contract<\/span> review provisions of § 2.2-2012<\/a> apply to such procurements. The exemption shall be in writing and kept on file with the agency’s disbursement records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any town with a population of less than 3,500, except as stipulated in the provisions of §§ 2.2-4305<\/a>, 2.2-4311<\/a>, 2.2-4315<\/a>, 2.2-4330<\/a>, 2.2-4333<\/a> through 2.2-4338<\/a>, 2.2-4343.1<\/a>, and 2.2-4367<\/a> through 2.2-4377<\/a> and Chapter 43.1 (§ 2.2-4378<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any county, city or town whose governing body has adopted, by ordinance<\/span> or resolution, alternative policies and procedures which are (i) based on competitive principles and (ii) generally applicable to procurement of goods<\/span> and services<\/span> by such governing body and its agencies, except as stipulated in subdivision 12.\n\t\t\t\tThis exemption shall be applicable only so long as such policies and procedures, or other policies and procedures meeting the requirements of § 2.2-4300<\/a>, remain in effect in such county, city or town. Such policies and standards may provide for incentive contracting that offers a contractor whose bid is accepted the opportunity to share in any cost savings realized by the locality when project costs are reduced by such contractor, without affecting project quality, during construction<\/span> of the project. The fee, if any, charged by the project engineer or architect for determining such cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Any school division whose school board has adopted, by policy or regulation, alternative policies and procedures that are (i) based on competitive principles and (ii) generally applicable to procurement of goods<\/span> and services<\/span> by the school board, except as stipulated in subdivision 12.\n\t\t\t\tThis exemption shall be applicable only so long as such policies and procedures, or other policies or procedures meeting the requirements of § 2.2-4300<\/a>, remain in effect in such school division. This provision shall not exempt any school division from any centralized purchasing ordinance<\/span> duly adopted by a local governing body. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Notwithstanding the exemptions set forth in subdivisions 9 through 11, the provisions of subsections B, C, and D of § 2.2-4303<\/a>, §§ 2.2-4305<\/a>, 2.2-4311<\/a>, 2.2-4315<\/a>, 2.2-4317<\/a>, 2.2-4330<\/a>, 2.2-4333<\/a> through 2.2-4338<\/a>, 2.2-4342<\/a>, 2.2-4343.1<\/a>, and 2.2-4367<\/a> through 2.2-4377<\/a>, Chapter 43.1 (§ 2.2-4378<\/a> et seq.), and § 58.1-1902<\/a> shall apply to all counties, cities, and school divisions and to all towns having a population greater than 3,500 in the Commonwealth.\n\t\t\t\tThe method for procurement of professional services<\/span> through competitive negotiation set forth in §§ 2.2-4302.2<\/a>, 2.2-4303.1<\/a>, and 2.2-4303.2<\/a> shall also apply to all counties, cities, and school divisions, and to all towns having a population greater than 3,500, where the cost of the professional service is expected to exceed $80,000 in the aggregate or for the sum of all phases of a contract<\/span> or project. A school board that makes purchases through its public school foundation or purchases educational technology through its educational technology foundation, either as may be established pursuant to § 22.1-212.2:2<\/a> shall be exempt from the provisions of this chapter, except, relative to such purchases, the school board shall comply with the provisions of §§ 2.2-4311<\/a> and 2.2-4367<\/a> through 2.2-4377<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> A public body<\/span> that is also a utility operator may purchase services through or participate in contracts<\/span> awarded by one or more utility operators that are not public bodies for utility marking services as required by the Underground Utility Damage Prevention Act (§ 56-265.14<\/a> et seq.). A purchase of services under this subdivision may deviate from the procurement procedures set forth in this chapter 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, and the contract<\/span> is awarded based on competitive principles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Procurement of any construction<\/span> or planning and design services for construction<\/span> by a Virginia nonprofit corporation or organization not otherwise specifically exempted when (i) the planning, design or construction<\/span> is funded by state appropriations of $10,000 or less or (ii) the Virginia nonprofit corporation or organization is obligated to conform to procurement procedures that are established by federal statutes<\/span> or regulations, whether those federal procedures are in conformance with the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Purchases, exchanges, gifts or sales by the Citizens’ Advisory Council on Furnishing and Interpreting the Executive Mansion. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> The Department of Corrections in the selection of pre-release and post-incarceration services and the Department of Juvenile Justice in the selection of pre-release and post-commitment services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> The University of Virginia Medical Center to the extent provided by subdivision A 3 of § 23.1-2213<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> The purchase of goods<\/span> and services by a local governing body or any authority, board, department, instrumentality, institution, agency or other unit of state government when such purchases are made under a remedial plan established by the Governor pursuant to subsection C of § 2.2-4310<\/a> or by a chief administrative officer of a county, city or town pursuant to § 15.2-965.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> The contract<\/span> by community services<\/span> boards or behavioral health authorities with an administrator or management body pursuant to a joint agreement authorized by § 37.2-512<\/a> or 37.2-615<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> The purchase of Virginia-grown food products for use by a public body<\/span> where the annual cost of the product is not expected to exceed $100,000, provided that the procurement is accomplished by (i) obtaining written informal solicitation of a minimum of three bidders or offerors<\/span> if practicable and (ii) including a written statement regarding the basis for awarding the contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> The Virginia Industries for the Blind when procuring components, materials<\/span>, supplies, or services for use in commodities and services furnished to the federal government in connection with its operation as an AbilityOne Program-qualified nonprofit agency for the blind under the Javits-Wagner-O’Day Act, 41 U.S.C. §§ 8501-8506, provided that the procurement is accomplished using procedures that ensure that funds are used as efficiently as practicable. Such procedures shall require documentation of the basis for awarding contracts<\/span>. Notwithstanding the provisions of § 2.2-1117<\/a>, no public body<\/span> shall be required to purchase such components, materials<\/span>, supplies, services, or commodities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> The purchase of personal protective equipment<\/span> for private, nongovernmental entities by the Governor pursuant to subdivision (11) of § 44-146.17<\/a> during a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared. However, such purchase shall provide for competition where practicable and include a written statement regarding the basis for awarding any contract<\/span>. As used in this subdivision, “personal protective equipment<\/span>” means equipment or supplies worn or employed to minimize exposure to hazards that cause serious workplace injuries and illnesses and may include items such as gloves, safety glasses and shoes, earplugs or earmuffs, hard hats, respirators, coveralls, vests, full body suits, hand sanitizer, plastic shields, or testing kits for the communicable disease of public health threat. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where a procurement transaction involves the expenditure of federal assistance or contract<\/span> funds, the receipt of which is conditioned upon compliance with mandatory requirements in federal laws<\/span> or regulations not in conformance with the provisions of this chapter, a public body<\/span> may comply with such federal requirements, notwithstanding the provisions of this chapter, only upon the written determination of the Governor, in the case of state agencies, or the governing body, in the case of political subdivisions, that acceptance of the grant or contract<\/span> funds under the applicable conditions is in the public interest. Such determination shall state the specific provision of this chapter in conflict with the conditions of the grant or contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTION FROM OPERATION OF CHAPTER FOR CERTAIN TRANSACTIONS (\u00a7 2.2-4343)\n\nA. The provisions of this chapter shall not apply to:\n\n 1. The Virginia Port Authority in the exercise of any of its powers in\n accordance with Chapter 10 (§ 62.1-128 et seq.) of Title 62.1, provided\n that the Authority implements, by policy or regulation adopted by the Board of\n Commissioners, procedures to ensure fairness and competitiveness in the\n procurement of goods and services and in the administration of its capital\n outlay program. This exemption shall be applicable only so long as such\n policies and procedures meeting the requirements remain in effect.\n\n 2. The Virginia Retirement System for selection of services related to the\n management, purchase or sale of authorized investments, actuarial services,\n and disability determination services. Selection of these services shall be\n governed by the standard set forth in § 51.1-124.30.\n\n 3. The State Treasurer in the selection of investment management services\n related to the external management of funds shall be governed by the standard\n set forth in § 2.2-4514, and shall be subject to competitive guidelines\n and policies that are set by the Commonwealth Treasury Board and approved by\n the Department of General Services.\n\n 4. The Department of Social Services or local departments of social services\n for the acquisition of motor vehicles for sale or transfer to Temporary\n Assistance to Needy Families (TANF) recipients.\n\n 5. The College of William and Mary in Virginia, Virginia Commonwealth\n University, the University of Virginia, and Virginia Polytechnic Institute and\n State University in the selection of services related to the management and\n investment of their endowment funds, endowment income, gifts, all other\n nongeneral fund reserves and balances, or local funds of or held by the\n respective public institution of higher education pursuant to §\n 23.1-2210, 23.1-2306, 23.1-2604, or 23.1-2803. However, selection of these\n services shall be governed by the Uniform Prudent Management of Institutional\n Funds Act (§ 64.2-1100 et seq.) as required by §§ 23.1-2210,\n 23.1-2306, 23.1-2604, and 23.1-2803.\n\n 6. The Board of the Commonwealth Savers Plan for the selection of services\n related to the operation and administration of the Plan, including, but not\n limited to, contracts or agreements for the management, purchase, or sale of\n authorized investments or actuarial, record keeping, or consulting services.\n However, such selection shall be governed by the standard set forth in §\n 23.1-706.\n\n 7. Public institutions of higher education for the purchase of items for\n resale at retail bookstores and similar retail outlets operated by such\n institutions. However, such purchase procedures shall provide for competition\n where practicable.\n\n 8. The purchase of goods and services by agencies of the legislative branch\n that may be specifically exempted therefrom by the Chairman of the Committee\n on Rules of either the House of Delegates or the Senate. Nor shall the\n contract review provisions of § 2.2-2012 apply to such procurements. The\n exemption shall be in writing and kept on file with the agency’s\n disbursement records.\n\n 9. Any town with a population of less than 3,500, except as stipulated in the\n provisions of §§ 2.2-4305, 2.2-4311, 2.2-4315, 2.2-4330, 2.2-4333\n through 2.2-4338, 2.2-4343.1, and 2.2-4367 through 2.2-4377 and Chapter 43.1\n (§ 2.2-4378 et seq.).\n\n 10. Any county, city or town whose governing body has adopted, by ordinance or\n resolution, alternative policies and procedures which are (i) based on\n competitive principles and (ii) generally applicable to procurement of goods\n and services by such governing body and its agencies, except as stipulated in\n subdivision 12.\n \t\t\t\tThis exemption shall be applicable only so long as such policies and\n procedures, or other policies and procedures meeting the requirements of\n § 2.2-4300, remain in effect in such county, city or town. Such policies\n and standards may provide for incentive contracting that offers a contractor\n whose bid is accepted the opportunity to share in any cost savings realized by\n the locality when project costs are reduced by such contractor, without\n affecting project quality, during construction of the project. The fee, if\n any, charged by the project engineer or architect for determining such cost\n savings shall be paid as a separate cost and shall not be calculated as part\n of any cost savings.\n\n 11. Any school division whose school board has adopted, by policy or\n regulation, alternative policies and procedures that are (i) based on\n competitive principles and (ii) generally applicable to procurement of goods\n and services by the school board, except as stipulated in subdivision 12.\n \t\t\t\tThis exemption shall be applicable only so long as such policies and\n procedures, or other policies or procedures meeting the requirements of §\n 2.2-4300, remain in effect in such school division. This provision shall not\n exempt any school division from any centralized purchasing ordinance duly\n adopted by a local governing body.\n\n 12. Notwithstanding the exemptions set forth in subdivisions 9 through 11, the\n provisions of subsections B, C, and D of § 2.2-4303, §§\n 2.2-4305, 2.2-4311, 2.2-4315, 2.2-4317, 2.2-4330, 2.2-4333 through 2.2-4338,\n 2.2-4342, 2.2-4343.1, and 2.2-4367 through 2.2-4377, Chapter 43.1 (§\n 2.2-4378 et seq.), and § 58.1-1902 shall apply to all counties, cities,\n and school divisions and to all towns having a population greater than 3,500\n in the Commonwealth.\n \t\t\t\tThe method for procurement of professional services through competitive\n negotiation set forth in §§ 2.2-4302.2, 2.2-4303.1, and 2.2-4303.2\n shall also apply to all counties, cities, and school divisions, and to all\n towns having a population greater than 3,500, where the cost of the\n professional service is expected to exceed $80,000 in the aggregate or for the\n sum of all phases of a contract or project. A school board that makes\n purchases through its public school foundation or purchases educational\n technology through its educational technology foundation, either as may be\n established pursuant to § 22.1-212.2:2 shall be exempt from the\n provisions of this chapter, except, relative to such purchases, the school\n board shall comply with the provisions of §§ 2.2-4311 and 2.2-4367\n through 2.2-4377.\n\n 13. A public body that is also a utility operator may purchase services\n through or participate in contracts awarded by one or more utility operators\n that are not public bodies for utility marking services as required by the\n Underground Utility Damage Prevention Act (§ 56-265.14 et seq.). A\n purchase of services under this subdivision may deviate from the procurement\n procedures set forth in this chapter upon a determination made in advance by\n the public body and set forth in writing that competitive sealed bidding is\n either not practicable or not fiscally advantageous to the public, and the\n contract is awarded based on competitive principles.\n\n 14. Procurement of any construction or planning and design services for\n construction by a Virginia nonprofit corporation or organization not otherwise\n specifically exempted when (i) the planning, design or construction is funded\n by state appropriations of $10,000 or less or (ii) the Virginia nonprofit\n corporation or organization is obligated to conform to procurement procedures\n that are established by federal statutes or regulations, whether those federal\n procedures are in conformance with the provisions of this chapter.\n\n 15. Purchases, exchanges, gifts or sales by the Citizens’ Advisory\n Council on Furnishing and Interpreting the Executive Mansion.\n\n 16. The Department of Corrections in the selection of pre-release and\n post-incarceration services and the Department of Juvenile Justice in the\n selection of pre-release and post-commitment services.\n\n 17. The University of Virginia Medical Center to the extent provided by\n subdivision A 3 of § 23.1-2213.\n\n 18. The purchase of goods and services by a local governing body or any\n authority, board, department, instrumentality, institution, agency or other\n unit of state government when such purchases are made under a remedial plan\n established by the Governor pursuant to subsection C of § 2.2-4310 or by\n a chief administrative officer of a county, city or town pursuant to §\n 15.2-965.1.\n\n 19. The contract by community services boards or behavioral health authorities\n with an administrator or management body pursuant to a joint agreement\n authorized by § 37.2-512 or 37.2-615.\n\n 20. The purchase of Virginia-grown food products for use by a public body\n where the annual cost of the product is not expected to exceed $100,000,\n provided that the procurement is accomplished by (i) obtaining written\n informal solicitation of a minimum of three bidders or offerors if practicable\n and (ii) including a written statement regarding the basis for awarding the\n contract.\n\n 21. The Virginia Industries for the Blind when procuring components,\n materials, supplies, or services for use in commodities and services furnished\n to the federal government in connection with its operation as an AbilityOne\n Program-qualified nonprofit agency for the blind under the\n Javits-Wagner-O’Day Act, 41 U.S.C. §§ 8501-8506, provided that\n the procurement is accomplished using procedures that ensure that funds are\n used as efficiently as practicable. Such procedures shall require\n documentation of the basis for awarding contracts. Notwithstanding the\n provisions of § 2.2-1117, no public body shall be required to purchase\n such components, materials, supplies, services, or commodities.\n\n 22. The purchase of personal protective equipment for private, nongovernmental\n entities by the Governor pursuant to subdivision (11) of § 44-146.17\n during a disaster caused by a communicable disease of public health threat for\n which a state of emergency has been declared. However, such purchase shall\n provide for competition where practicable and include a written statement\n regarding the basis for awarding any contract. As used in this subdivision,\n “personal protective equipment” means equipment or supplies worn\n or employed to minimize exposure to hazards that cause serious workplace\n injuries and illnesses and may include items such as gloves, safety glasses\n and shoes, earplugs or earmuffs, hard hats, respirators, coveralls, vests,\n full body suits, hand sanitizer, plastic shields, or testing kits for the\n communicable disease of public health threat.\n\nB. Where a procurement transaction involves the expenditure of federal\nassistance or contract funds, the receipt of which is conditioned upon\ncompliance with mandatory requirements in federal laws or regulations not in\nconformance with the provisions of this chapter, a public body may comply with\nsuch federal requirements, notwithstanding the provisions of this chapter, only\nupon the written determination of the Governor, in the case of state agencies,\nor the governing body, in the case of political subdivisions, that acceptance of\nthe grant or contract funds under the applicable conditions is in the public\ninterest. Such determination shall state the specific provision of this chapter\nin conflict with the conditions of the grant or contract.\n\nHISTORY: 1982, c. 647, \u00a7\u00a7 11-35, 11-39, 11-40; 1983, c. 593; 1984, cc. 159,\n330, 764, \u00a7 11-40.2; 1985, c. 74; 1986, cc. 149, 212, 559; 1987, c. 583; 1991,\nc. 645; 1994, cc. 661, 918; 1995, c. 18; 1996, cc. 261, 280, 683, 1019; 1997,\ncc. 85, 488, 785, 861, 863; 1998, cc. 121, 132; 1999, cc. 230, 248, 735, 910, \u00a7\n11-40.4; 2000, cc. 29, 382, 400, 642, 644, 666, 703; 2001, cc. 392, 409, 736,\n753, 774, 844; 2002, cc. 87, 478, 491, 582, 595; 2003, cc. 226, 1008; 2004, cc.\n145, 865, 891; 2006, c. 656; 2007, cc. 434, 697; 2008, c. 184; 2009, cc. 737,\n767; 2010, c. 694; 2011, c. 23; 2012, cc. 803, 805, 835, 836; 2013, cc. 583,\n762, 794; 2015, cc. 760, 776; 2016, cc. 296, 465; 2017, cc. 87, 625, 699, 704;\n2018, cc. 31, 463; 2019, c. 427; 2020, cc. 681, 682; 2020, Sp. Sess. I, cc. 17,\n38; 2023, cc. 756, 778; 2024, c. 217; 2025, c. 518.","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}}