{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4345.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4345.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4345.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4345.html"}],"law_id":72767,"edition_id":1,"section_id":72767,"structure_id":13174,"section_number":"2.2-4345","catch_line":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations","history":"1982, c. 647, \u00a7 11-45; 1984, c. 764; 1987, cc. 194, 248; 1989, c. 235; 1990, c. 395; 1991, c. 175; 1993, cc. 110, 505, 638, 971; 1996, cc. 145, 897, 902, 950, 1038; 1998, cc. 222, 619, 666, 697, 791; 1999, cc. 160, 194, 1021, 1024; 2000, cc. 242, 696, 927; 2001, c. 844; 2002, cc. 87, 478, 747; 2006, c. 658; 2011, c. 538; 2012, cc. 803, 835; 2015, cc. 38, 366, 730; 2017, cc. 699, 704; 2023, cc. 756, 778.","full_text":"A\n\nThe following public bodies may enter into contracts without competitive sealed bidding or competitive negotiation:1\n\nThe Director of the Department of Medical Assistance Services for special services provided for eligible recipients pursuant to subsection H of § 32.1-325, provided that the Director has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding or competitive negotiation for such services is not fiscally advantageous to the public, or would constitute an imminent threat to the health or welfare of such recipients. The writing shall document the basis for this determination.2\n\nThe State Health Commissioner for the compilation, storage, analysis, evaluation, and publication of certain data submitted by health care providers and for the development of a methodology to measure the efficiency and productivity of health care providers pursuant to Chapter 7.2 (§ 32.1-276.2 et seq.) of Title 32.1, if the Commissioner has made a determination in advance, after reasonable notice to the public and set forth in writing, that competitive sealed bidding or competitive negotiation for such services is not fiscally advantageous to the public. The writing shall document the basis for this determination. Such agreements and contracts shall be based on competitive principles.3\n\nThe Virginia Code Commission when procuring the services of a publisher, pursuant to §§ 30-146 and 30-148, to publish the Code of Virginia or the Virginia Administrative Code.4\n\nThe Virginia Alcoholic Beverage Control Authority for the purchase of alcoholic beverages.5\n\nThe Department for Aging and Rehabilitative Services, for the administration of elder rights programs, with (i) nonprofit Virginia corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code with statewide experience in Virginia in conducting a state long-term care ombudsman program or (ii) designated area agencies on aging.6\n\nThe Department of Health for (a) child restraint devices, pursuant to § 46.2-1097; (b) health care services with Virginia corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as clinics for the indigent and uninsured that are organized for the delivery of primary health care services in a community (i) as federally qualified health centers designated by the Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge; or (c) contracts with laboratories providing cytology and related services if competitive sealed bidding and competitive negotiations are not fiscally advantageous to the public to provide quality control as prescribed in writing by the Commissioner of Health.7\n\nVirginia Correctional Enterprises, when procuring materials, supplies, or services for use in and support of its production facilities, provided that the procurement is accomplished using procedures that ensure as efficient use of funds as practicable and, at a minimum, includes obtaining telephone quotations. Such procedures shall require documentation of the basis for awarding contracts under this section.8\n\nThe Virginia Baseball Stadium Authority for the operation of any facilities developed under the provisions of Chapter 58 (§ 15.2-5800 et seq.) of Title 15.2, including contracts or agreements with respect to the sale of food, beverages and souvenirs at such facilities.9\n\nWith the consent of the Governor, the Jamestown-Yorktown Foundation for the promotion of tourism through marketing with private entities provided a demonstrable cost savings, as reviewed by the Secretary of Education, can be realized by the Foundation and such agreements or contracts are based on competitive principles.10\n\nThe Chesapeake Hospital Authority in the exercise of any power conferred under Chapter 271, as amended, of the Acts of Assembly of 1966, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services.11\n\nRichmond Eye and Ear Hospital Authority, any authorities created under Chapter 53 (§ 15.2-5300 et seq.) of Title 15.2 and any hospital or health center commission created under Chapter 52 (§ 15.2-5200 et seq.) of Title 15.2 in the exercise of any power conferred under their respective authorizing legislation, provided that these entities shall not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services.12\n\nThe Patrick Hospital Authority sealed in the exercise of any power conferred under the Acts of Assembly of 2000, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services.13\n\nPublic bodies for insurance or electric utility services if purchased through an association of which it is a member if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided that such association has procured the insurance or electric utility services by use of competitive principles and that the public body has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The writing shall document the basis for this determination.14\n\nPublic bodies administering public assistance and social services programs as defined in § 63.2-100, community services boards as defined in § 37.2-100, or any public body purchasing services under the Children’s Services Act (§ 2.2-5200 et seq.) or the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq.) for goods or personal services for direct use by the recipients of such programs if the procurement is made for an individual recipient. Contracts for the bulk procurement of goods or services for the use of recipients shall not be exempted from the requirements of § 2.2-4303.B\n\nNo contract for the construction of any building or for an addition to or improvement of an existing building by any local government or subdivision of local government for which state funds of not more than $50,000 in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive sealed bidding or after competitive negotiation as provided under subsection D of § 2.2-4303 or Chapter 43.1 (§ 2.2-4378 et seq.). The procedure for the advertising for bids or for proposals and for letting of the contract shall conform, mutatis mutandis, to this chapter.","order_by":null,"text":{"0":{"id":262078,"text":"The following public bodies may enter into contracts without competitive sealed bidding or competitive negotiation:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":262079,"text":"The Director of the Department of Medical Assistance Services for special services provided for eligible recipients pursuant to subsection H of § 32.1-325, provided that the Director has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding or competitive negotiation for such services is not fiscally advantageous to the public, or would constitute an imminent threat to the health or welfare of such recipients. The writing shall document the basis for this determination.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":262080,"text":"The State Health Commissioner for the compilation, storage, analysis, evaluation, and publication of certain data submitted by health care providers and for the development of a methodology to measure the efficiency and productivity of health care providers pursuant to Chapter 7.2 (§ 32.1-276.2 et seq.) of Title 32.1, if the Commissioner has made a determination in advance, after reasonable notice to the public and set forth in writing, that competitive sealed bidding or competitive negotiation for such services is not fiscally advantageous to the public. The writing shall document the basis for this determination. Such agreements and contracts shall be based on competitive principles.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":262081,"text":"The Virginia Code Commission when procuring the services of a publisher, pursuant to §§ 30-146 and 30-148, to publish the Code of Virginia or the Virginia Administrative Code.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":262082,"text":"The Virginia Alcoholic Beverage Control Authority for the purchase of alcoholic beverages.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":262083,"text":"The Department for Aging and Rehabilitative Services, for the administration of elder rights programs, with (i) nonprofit Virginia corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code with statewide experience in Virginia in conducting a state long-term care ombudsman program or (ii) designated area agencies on aging.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":262084,"text":"The Department of Health for (a) child restraint devices, pursuant to § 46.2-1097; (b) health care services with Virginia corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as clinics for the indigent and uninsured that are organized for the delivery of primary health care services in a community (i) as federally qualified health centers designated by the Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge; or (c) contracts with laboratories providing cytology and related services if competitive sealed bidding and competitive negotiations are not fiscally advantageous to the public to provide quality control as prescribed in writing by the Commissioner of Health.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":262085,"text":"Virginia Correctional Enterprises, when procuring materials, supplies, or services for use in and support of its production facilities, provided that the procurement is accomplished using procedures that ensure as efficient use of funds as practicable and, at a minimum, includes obtaining telephone quotations. Such procedures shall require documentation of the basis for awarding contracts under this section.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":262086,"text":"The Virginia Baseball Stadium Authority for the operation of any facilities developed under the provisions of Chapter 58 (§ 15.2-5800 et seq.) of Title 15.2, including contracts or agreements with respect to the sale of food, beverages and souvenirs at such facilities.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":262087,"text":"With the consent of the Governor, the Jamestown-Yorktown Foundation for the promotion of tourism through marketing with private entities provided a demonstrable cost savings, as reviewed by the Secretary of Education, can be realized by the Foundation and such agreements or contracts are based on competitive principles.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":262088,"text":"The Chesapeake Hospital Authority in the exercise of any power conferred under Chapter 271, as amended, of the Acts of Assembly of 1966, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":262089,"text":"Richmond Eye and Ear Hospital Authority, any authorities created under Chapter 53 (§ 15.2-5300 et seq.) of Title 15.2 and any hospital or health center commission created under Chapter 52 (§ 15.2-5200 et seq.) of Title 15.2 in the exercise of any power conferred under their respective authorizing legislation, provided that these entities shall not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":262090,"text":"The Patrick Hospital Authority sealed in the exercise of any power conferred under the Acts of Assembly of 2000, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods and services.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":262091,"text":"Public bodies for insurance or electric utility services if purchased through an association of which it is a member if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided that such association has procured the insurance or electric utility services by use of competitive principles and that the public body has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The writing shall document the basis for this determination.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":262092,"text":"Public bodies administering public assistance and social services programs as defined in § 63.2-100, community services boards as defined in § 37.2-100, or any public body purchasing services under the Children’s Services Act (§ 2.2-5200 et seq.) or the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq.) for goods or personal services for direct use by the recipients of such programs if the procurement is made for an individual recipient. Contracts for the bulk procurement of goods or services for the use of recipients shall not be exempted from the requirements of § 2.2-4303.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"B"},"15":{"id":262093,"text":"No contract for the construction of any building or for an addition to or improvement of an existing building by any local government or subdivision of local government for which state funds of not more than $50,000 in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive sealed bidding or after competitive negotiation as provided under subsection D of § 2.2-4303 or Chapter 43.1 (§ 2.2-4378 et seq.). The procedure for the advertising for bids or for proposals and for letting of the contract shall conform, mutatis mutandis, to this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A14"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4345\/","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 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 764; in 1987, chapters 194 and 248; in 1989, chapter 235; in 1990, chapter 395; in 1991, chapter 175; in 1993, chapters 110, 505, 638, and 971; in 1996, chapters 145<\/a>, 897<\/a>, 902<\/a>, 950<\/a>, and 1038<\/a>; in 1998, chapters 222<\/a>, 619<\/a>, 666<\/a>, 697<\/a>, and 791<\/a>; in 1999, chapters 160<\/a>, 194<\/a>, 1021<\/a>, and 1024<\/a>; in 2000, chapters 242<\/a>, 696<\/a>, and 927<\/a>; in 2001, chapter 844<\/a>; in 2002, chapters 87<\/a>, 478<\/a>, and 747<\/a>; in 2006, chapter 658<\/a>; in 2011, chapter 538<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2015, chapters 38<\/a>, 366<\/a>, and 730<\/a>; in 2017, chapters 699<\/a> and 704<\/a>; in 2023, chapters 756<\/a> and 778<\/a>.<\/p>","references":[{"id":56739,"section_number":"32.1-276.4","catch_line":"Agreements for certain data services","order_by":null,"url":"\/32.1-276.4\/"},{"id":77747,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","order_by":null,"url":"\/32.1-325\/"}],"refers_to":[{"id":56015,"section_number":"15.2-5200","catch_line":"Creation of commission","order_by":null,"url":"\/15.2-5200\/"},{"id":61702,"section_number":"15.2-5300","catch_line":"Finding and declaration of necessity","order_by":null,"url":"\/15.2-5300\/"},{"id":73670,"section_number":"15.2-5800","catch_line":"Definitions; professional baseball games; consent for construction","order_by":null,"url":"\/15.2-5800\/"},{"id":74791,"section_number":"16.1-309.2","catch_line":"Purpose and intent","order_by":null,"url":"\/16.1-309.2\/"},{"id":60713,"section_number":"2.2-4303","catch_line":"Methods of procurement","order_by":null,"url":"\/2.2-4303\/"},{"id":63977,"section_number":"2.2-4378","catch_line":"Purpose; applicability","order_by":null,"url":"\/2.2-4378\/"},{"id":57520,"section_number":"2.2-5200","catch_line":"Intent and purpose; definitions","order_by":null,"url":"\/2.2-5200\/"},{"id":56708,"section_number":"30-146","catch_line":"Publication of Code of Virginia, Administrative Code, and Register of Regulations; authority regarding type and form","order_by":null,"url":"\/30-146\/"},{"id":74441,"section_number":"30-148","catch_line":"Codification of session laws","order_by":null,"url":"\/30-148\/"},{"id":71744,"section_number":"32.1-276.2","catch_line":"Health care data reporting; purpose","order_by":null,"url":"\/32.1-276.2\/"},{"id":77747,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","order_by":null,"url":"\/32.1-325\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":71250,"section_number":"46.2-1097","catch_line":"Child restraint devices; special fund created","order_by":null,"url":"\/46.2-1097\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"}],"permalink":{"id":177269,"object_type":"law","relational_id":72767,"identifier":"2.2-4345","token":"2.2\/II\/B\/43\/3\/2.2-4345","url":"\/2.2-4345\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4345\/","token":"2.2\/II\/B\/43\/3\/2.2-4345","dublin_core":{"Title":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4345","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The following public bodies may enter into contracts<\/span> without competitive sealed<\/span> bidding or competitive negotiation: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Director of the Department of Medical Assistance Services<\/span> for special services<\/span> provided for eligible recipients pursuant to subsection H of § 32.1-325<\/a>, provided that the Director has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed<\/span> bidding or competitive negotiation for such services<\/span> is not fiscally advantageous to the public, or would constitute an imminent threat to the health or welfare of such recipients. The writing shall document the basis for this determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The State Health Commissioner for the compilation, storage, analysis, evaluation, and publication of certain data submitted by health care providers and for the development of a methodology to measure the efficiency and productivity of health care providers pursuant to Chapter 7.2 (§ 32.1-276.2<\/a> et seq.) of Title 32.1, if the Commissioner has made a determination in advance, after reasonable notice to the public and set forth in writing, that competitive sealed<\/span> bidding or competitive negotiation for such services<\/span> is not fiscally advantageous to the public. The writing shall document the basis for this determination. Such agreements and contracts<\/span> shall be based on competitive principles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Virginia Code Commission when procuring the services<\/span> of a publisher, pursuant to §§ 30-146<\/a> and 30-148<\/a>, to publish the Code of Virginia or the Virginia Administrative Code. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The Virginia Alcoholic Beverage Control Authority for the purchase of alcoholic beverages. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Department for Aging and Rehabilitative Services<\/span>, for the administration of elder rights programs, with (i) nonprofit Virginia corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code with statewide experience in Virginia in conducting a state long-term care ombudsman program or (ii) designated area agencies on aging. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Department of Health for (a) child restraint devices, pursuant to § 46.2-1097<\/a>; (b) health care services<\/span> with Virginia corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code and operating as clinics for the indigent<\/span> and uninsured that are organized for the delivery of primary health care services<\/span> in a community (i) as federally qualified health centers designated by the Health Care Financing Administration or (ii) at a reduced or sliding fee scale or without charge; or (c) contracts<\/span> with laboratories providing cytology and related services<\/span> if competitive sealed<\/span> bidding and competitive negotiations are not fiscally advantageous to the public to provide quality control as prescribed in writing by the Commissioner of Health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Virginia Correctional Enterprises, when procuring materials<\/span>, supplies, or services<\/span> for use in and support of its production facilities, provided that the procurement is accomplished using procedures that ensure as efficient use of funds as practicable and, at a minimum, includes obtaining telephone quotations. Such procedures shall require documentation of the basis for awarding contracts<\/span> under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The Virginia Baseball Stadium Authority for the operation of any facilities developed under the provisions of Chapter 58 (§ 15.2-5800<\/a> et seq.) of Title 15.2, including contracts<\/span> or agreements with respect to the sale of food, beverages and souvenirs at such facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> With the consent of the Governor, the Jamestown-Yorktown Foundation for the promotion of tourism through marketing with private entities provided a demonstrable cost savings, as reviewed by the Secretary of Education, can be realized by the Foundation and such agreements or contracts<\/span> are based on competitive principles. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The Chesapeake Hospital Authority in the exercise of any power conferred under Chapter 271, as amended, of the Acts of Assembly of 1966, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods<\/span> and services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Richmond Eye and Ear Hospital Authority, any authorities created under Chapter 53 (§ 15.2-5300<\/a> et seq.) of Title 15.2 and any hospital or health center commission created under Chapter 52 (§ 15.2-5200<\/a> et seq.) of Title 15.2 in the exercise of any power conferred under their respective authorizing legislation, provided that these entities shall not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods<\/span> and services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> The Patrick Hospital Authority sealed<\/span> in the exercise of any power conferred under the Acts of Assembly of 2000, provided that it does not discriminate against any person on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in the procurement of goods<\/span> and services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Public bodies for insurance or electric utility services<\/span> if purchased through an association of which it is a member if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided that such association has procured the insurance or electric utility services<\/span> by use of competitive principles and that the public body<\/span> has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed<\/span> bidding and competitive negotiation are not fiscally advantageous to the public. The writing shall document the basis for this determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Public bodies administering public assistance and social services programs as defined in § 63.2-100<\/a>, community services<\/span> boards as defined in § 37.2-100<\/a>, or any public body<\/span> purchasing services under the Children’s Services Act (§ 2.2-5200<\/a> et seq.) or the Virginia Juvenile Community Crime<\/span> Control Act (§ 16.1-309.2<\/a> et seq.) for goods<\/span> or personal services for direct use by the recipients of such programs if the procurement is made for an individual recipient. Contracts<\/span> for the bulk procurement of goods<\/span> or services for the use of recipients shall not be exempted from the requirements of § 2.2-4303<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No contract<\/span> for the construction<\/span> of any building or for an addition to or improvement of an existing building by any local government or subdivision of local government for which state funds of not more than $50,000 in the aggregate or for the sum of all phases of a contract<\/span> or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction<\/span> shall be let except after competitive sealed<\/span> bidding or after competitive negotiation as provided under subsection D of § 2.2-4303<\/a> or Chapter 43.1 (§ 2.2-4378<\/a> et seq.). The procedure for the advertising for bids or for proposals and for letting of the contract<\/span> shall conform, mutatis mutandis<\/span>, to this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS FROM COMPETITIVE SEALED BIDDING AND COMPETITIVE NEGOTIATION FOR\nCERTAIN TRANSACTIONS; LIMITATIONS (\u00a7 2.2-4345)\n\nA. The following public bodies may enter into contracts without competitive\nsealed bidding or competitive negotiation:\n\n 1. The Director of the Department of Medical Assistance Services for special\n services provided for eligible recipients pursuant to subsection H of §\n 32.1-325, provided that the Director has made a determination in advance after\n reasonable notice to the public and set forth in writing that competitive\n sealed bidding or competitive negotiation for such services is not fiscally\n advantageous to the public, or would constitute an imminent threat to the\n health or welfare of such recipients. The writing shall document the basis for\n this determination.\n\n 2. The State Health Commissioner for the compilation, storage, analysis,\n evaluation, and publication of certain data submitted by health care providers\n and for the development of a methodology to measure the efficiency and\n productivity of health care providers pursuant to Chapter 7.2 (§\n 32.1-276.2 et seq.) of Title 32.1, if the Commissioner has made a\n determination in advance, after reasonable notice to the public and set forth\n in writing, that competitive sealed bidding or competitive negotiation for\n such services is not fiscally advantageous to the public. The writing shall\n document the basis for this determination. Such agreements and contracts shall\n be based on competitive principles.\n\n 3. The Virginia Code Commission when procuring the services of a publisher,\n pursuant to §§ 30-146 and 30-148, to publish the Code of Virginia or\n the Virginia Administrative Code.\n\n 4. The Virginia Alcoholic Beverage Control Authority for the purchase of\n alcoholic beverages.\n\n 5. The Department for Aging and Rehabilitative Services, for the\n administration of elder rights programs, with (i) nonprofit Virginia\n corporations granted tax-exempt status under § 501(c)(3) of the Internal\n Revenue Code with statewide experience in Virginia in conducting a state\n long-term care ombudsman program or (ii) designated area agencies on aging.\n\n 6. The Department of Health for (a) child restraint devices, pursuant to\n § 46.2-1097; (b) health care services with Virginia corporations granted\n tax-exempt status under § 501(c)(3) of the Internal Revenue Code and\n operating as clinics for the indigent and uninsured that are organized for the\n delivery of primary health care services in a community (i) as federally\n qualified health centers designated by the Health Care Financing\n Administration or (ii) at a reduced or sliding fee scale or without charge; or\n (c) contracts with laboratories providing cytology and related services if\n competitive sealed bidding and competitive negotiations are not fiscally\n advantageous to the public to provide quality control as prescribed in writing\n by the Commissioner of Health.\n\n 7. Virginia Correctional Enterprises, when procuring materials, supplies, or\n services for use in and support of its production facilities, provided that\n the procurement is accomplished using procedures that ensure as efficient use\n of funds as practicable and, at a minimum, includes obtaining telephone\n quotations. Such procedures shall require documentation of the basis for\n awarding contracts under this section.\n\n 8. The Virginia Baseball Stadium Authority for the operation of any facilities\n developed under the provisions of Chapter 58 (§ 15.2-5800 et seq.) of\n Title 15.2, including contracts or agreements with respect to the sale of\n food, beverages and souvenirs at such facilities.\n\n 9. With the consent of the Governor, the Jamestown-Yorktown Foundation for the\n promotion of tourism through marketing with private entities provided a\n demonstrable cost savings, as reviewed by the Secretary of Education, can be\n realized by the Foundation and such agreements or contracts are based on\n competitive principles.\n\n 10. The Chesapeake Hospital Authority in the exercise of any power conferred\n under Chapter 271, as amended, of the Acts of Assembly of 1966, provided that\n it does not discriminate against any person on the basis of race, color,\n religion, national origin, sex, pregnancy, childbirth or related medical\n conditions, age, marital status, or disability in the procurement of goods and\n services.\n\n 11. Richmond Eye and Ear Hospital Authority, any authorities created under\n Chapter 53 (§ 15.2-5300 et seq.) of Title 15.2 and any hospital or health\n center commission created under Chapter 52 (§ 15.2-5200 et seq.) of Title\n 15.2 in the exercise of any power conferred under their respective authorizing\n legislation, provided that these entities shall not discriminate against any\n person on the basis of race, color, religion, national origin, sex, pregnancy,\n childbirth or related medical conditions, age, marital status, or disability\n in the procurement of goods and services.\n\n 12. The Patrick Hospital Authority sealed in the exercise of any power\n conferred under the Acts of Assembly of 2000, provided that it does not\n discriminate against any person on the basis of race, color, religion,\n national origin, sex, pregnancy, childbirth or related medical conditions,\n age, marital status, or disability in the procurement of goods and services.\n\n 13. Public bodies for insurance or electric utility services if purchased\n through an association of which it is a member if the association was formed\n and is maintained for the purpose of promoting the interest and welfare of and\n developing close relationships with similar public bodies, provided that such\n association has procured the insurance or electric utility services by use of\n competitive principles and that the public body has made a determination in\n advance after reasonable notice to the public and set forth in writing that\n competitive sealed bidding and competitive negotiation are not fiscally\n advantageous to the public. The writing shall document the basis for this\n determination.\n\n 14. Public bodies administering public assistance and social services programs\n as defined in § 63.2-100, community services boards as defined in §\n 37.2-100, or any public body purchasing services under the Children’s\n Services Act (§ 2.2-5200 et seq.) or the Virginia Juvenile Community\n Crime Control Act (§ 16.1-309.2 et seq.) for goods or personal services\n for direct use by the recipients of such programs if the procurement is made\n for an individual recipient. Contracts for the bulk procurement of goods or\n services for the use of recipients shall not be exempted from the requirements\n of § 2.2-4303.\n\nB. No contract for the construction of any building or for an addition to or\nimprovement of an existing building by any local government or subdivision of\nlocal government for which state funds of not more than $50,000 in the aggregate\nor for the sum of all phases of a contract or project either by appropriation,\ngrant-in-aid or loan, are used or are to be used for all or part of the cost of\nconstruction shall be let except after competitive sealed bidding or after\ncompetitive negotiation as provided under subsection D of § 2.2-4303 or\nChapter 43.1 (§ 2.2-4378 et seq.). The procedure for the advertising for\nbids or for proposals and for letting of the contract shall conform, mutatis\nmutandis, to this chapter.\n\nHISTORY: 1982, c. 647, \u00a7 11-45; 1984, c. 764; 1987, cc. 194, 248; 1989, c. 235;\n1990, c. 395; 1991, c. 175; 1993, cc. 110, 505, 638, 971; 1996, cc. 145, 897,\n902, 950, 1038; 1998, cc. 222, 619, 666, 697, 791; 1999, cc. 160, 194, 1021,\n1024; 2000, cc. 242, 696, 927; 2001, c. 844; 2002, cc. 87, 478, 747; 2006, c.\n658; 2011, c. 538; 2012, cc. 803, 835; 2015, cc. 38, 366, 730; 2017, cc. 699,\n704; 2023, cc. 756, 778.","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}}