{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4369.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4369.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4369.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4369.html"}],"law_id":65996,"edition_id":1,"section_id":65996,"structure_id":12753,"section_number":"2.2-4369","catch_line":"Proscribed participation by public employees in procurement transactions","history":"1982, c. 647, \u00a7 11-74; 1985, c. 565; 1987, Sp. Sess., c. 1; 1997, c. 83; 2001, c. 844; 2003, c. 694; 2017, cc. 829, 832.","full_text":"Except as may be specifically allowed by subdivisions B 1, 2, and 3 of \u00a7 2.2-3112, no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that:\n\n1\n\nThe employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction;2\n\nThe employee, the employee’s partner, or any member of the employee’s immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent;3\n\nThe employee, the employee’s partner, or any member of the employee’s immediate family has a pecuniary interest arising from the procurement transaction; or4\n\nThe employee, the employee’s partner, or any member of the employee’s immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor.","order_by":null,"text":{"0":{"id":239799,"text":"Except as may be specifically allowed by subdivisions B 1, 2, and 3 of \u00a7 2.2-3112, no public employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the public body when the employee knows that:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":239800,"text":"The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":239801,"text":"The employee, the employee’s partner, or any member of the employee’s immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":239802,"text":"The employee, the employee’s partner, or any member of the employee’s immediate family has a pecuniary interest arising from the procurement transaction; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":239803,"text":"The employee, the employee’s partner, or any member of the employee’s immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":12753,"edition_id":1,"name":"Ethics in Public Contracting","identifier":"6","label":"article","depth":5,"order_by":1,"parent_id":12752,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":177365,"object_type":"structure","relational_id":12753,"identifier":"6","token":"2.2\/II\/B\/43\/6","url":"\/2.2\/II\/B\/43\/6\/","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":77165,"structure_id":12753,"section_number":"2.2-4367","catch_line":"Purpose","url":"\/2.2-4367\/","token":"2.2\/II\/B\/43\/6\/2.2-4367","metadata":false},{"id":55266,"structure_id":12753,"section_number":"2.2-4368","catch_line":"Definitions","url":"\/2.2-4368\/","token":"2.2\/II\/B\/43\/6\/2.2-4368","metadata":false},{"id":65996,"structure_id":12753,"section_number":"2.2-4369","catch_line":"Proscribed participation by public employees in procurement transactions","url":"\/2.2-4369\/","token":"2.2\/II\/B\/43\/6\/2.2-4369","metadata":false},{"id":53951,"structure_id":12753,"section_number":"2.2-4370","catch_line":"Disclosure of subsequent employment","url":"\/2.2-4370\/","token":"2.2\/II\/B\/43\/6\/2.2-4370","metadata":false},{"id":58200,"structure_id":12753,"section_number":"2.2-4371","catch_line":"Prohibition on solicitation or acceptance of gifts; gifts by bidders, offerors, contractor or subcontractors prohibited","url":"\/2.2-4371\/","token":"2.2\/II\/B\/43\/6\/2.2-4371","metadata":false},{"id":56969,"structure_id":12753,"section_number":"2.2-4372","catch_line":"Kickbacks","url":"\/2.2-4372\/","token":"2.2\/II\/B\/43\/6\/2.2-4372","metadata":false},{"id":76630,"structure_id":12753,"section_number":"2.2-4373","catch_line":"Participation in bid preparation; limitation on submitting bid for same procurement","url":"\/2.2-4373\/","token":"2.2\/II\/B\/43\/6\/2.2-4373","metadata":false},{"id":63138,"structure_id":12753,"section_number":"2.2-4374","catch_line":"Purchase of building materials, etc., from architect or engineer prohibited","url":"\/2.2-4374\/","token":"2.2\/II\/B\/43\/6\/2.2-4374","metadata":false},{"id":78175,"structure_id":12753,"section_number":"2.2-4375","catch_line":"Certification of compliance required; penalty for false statements","url":"\/2.2-4375\/","token":"2.2\/II\/B\/43\/6\/2.2-4375","metadata":false},{"id":69464,"structure_id":12753,"section_number":"2.2-4376","catch_line":"Misrepresentations prohibited","url":"\/2.2-4376\/","token":"2.2\/II\/B\/43\/6\/2.2-4376","metadata":false},{"id":81013,"structure_id":12753,"section_number":"2.2-4376.1","catch_line":"Contributions and gifts; prohibition during procurement process","url":"\/2.2-4376.1\/","token":"2.2\/II\/B\/43\/6\/2.2-4376.1","metadata":false},{"id":77327,"structure_id":12753,"section_number":"2.2-4376.2","catch_line":"(Effective until July 1, 2027) Disclosure of contributions and gifts during procurement process; civil penalty","url":"\/2.2-4376.2\/","token":"2.2\/II\/B\/43\/6\/2.2-4376.2","metadata":false},{"id":72180,"structure_id":12753,"section_number":"2.2-4377","catch_line":"Penalty for violation","url":"\/2.2-4377\/","token":"2.2\/II\/B\/43\/6\/2.2-4377","metadata":false}],"previous_section":{"id":55266,"structure_id":12753,"section_number":"2.2-4368","catch_line":"Definitions","url":"\/2.2-4368\/","token":"2.2\/II\/B\/43\/6\/2.2-4368","metadata":false},"next_section":{"id":53951,"structure_id":12753,"section_number":"2.2-4370","catch_line":"Disclosure of subsequent employment","url":"\/2.2-4370\/","token":"2.2\/II\/B\/43\/6\/2.2-4370","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4369\/","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 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 565; in 1997, chapter 83<\/a>; in 2001, chapter 844<\/a>; in 2003, chapter 694<\/a>; in 2017, chapters 829<\/a> and 832<\/a>.<\/p>","references":false,"refers_to":[{"id":55243,"section_number":"2.2-3112","catch_line":"Prohibited conduct concerning personal interest in a transaction; exceptions","order_by":null,"url":"\/2.2-3112\/"}],"permalink":{"id":177375,"object_type":"law","relational_id":65996,"identifier":"2.2-4369","token":"2.2\/II\/B\/43\/6\/2.2-4369","url":"\/2.2-4369\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4369\/","token":"2.2\/II\/B\/43\/6\/2.2-4369","dublin_core":{"Title":"Proscribed participation by public employees in procurement transactions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4369","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except as may be specifically allowed by subdivisions B 1, 2, and 3 of \u00a7 2.2-3112<\/a>, no public employee<\/span> having official responsibility<\/span> for a procurement transaction<\/span> shall participate in that transaction on behalf of the public body<\/span> when the employee knows that:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The employee is contemporaneously employed by a bidder, offeror<\/span> or contractor involved in the procurement transaction<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The employee, the employee’s partner, or any member of the employee’s immediate family<\/span> holds a position with a bidder, offeror<\/span> or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction<\/span>, or owns or controls an interest of more than five percent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The employee, the employee’s partner, or any member of the employee’s immediate family<\/span> has a pecuniary interest arising from the procurement<\/span> transaction; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The employee, the employee’s partner, or any member of the employee’s immediate family<\/span> is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror<\/span> or contractor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROSCRIBED PARTICIPATION BY PUBLIC EMPLOYEES IN PROCUREMENT TRANSACTIONS (\u00a7\n2.2-4369)\n\nExcept as may be specifically allowed by subdivisions B 1, 2, and 3 of \u00a7\n2.2-3112, no public employee having official responsibility for a procurement\ntransaction shall participate in that transaction on behalf of the public body\nwhen the employee knows that:\n\n1. The employee is contemporaneously employed by a bidder, offeror or contractor\ninvolved in the procurement transaction;\n\n2. The employee, the employee’s partner, or any member of the\nemployee’s immediate family holds a position with a bidder, offeror or\ncontractor such as an officer, director, trustee, partner or the like, or is\nemployed in a capacity involving personal and substantial participation in the\nprocurement transaction, or owns or controls an interest of more than five\npercent;\n\n3. The employee, the employee’s partner, or any member of the\nemployee’s immediate family has a pecuniary interest arising from the\nprocurement transaction; or\n\n4. The employee, the employee’s partner, or any member of the\nemployee’s immediate family is negotiating, or has an arrangement\nconcerning, prospective employment with a bidder, offeror or contractor.\n\nHISTORY: 1982, c. 647, \u00a7 11-74; 1985, c. 565; 1987, Sp. Sess., c. 1; 1997, c.\n83; 2001, c. 844; 2003, c. 694; 2017, cc. 829, 832.","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}}