{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4372.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4372.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4372.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4372.html"}],"law_id":56969,"edition_id":1,"section_id":56969,"structure_id":12753,"section_number":"2.2-4372","catch_line":"Kickbacks","history":"1982, c. 647, \u00a7 11-78; 2001, c. 844.","full_text":"A\n\nNo contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.B\n\nNo subcontractor or supplier shall make, or offer to make, kickbacks as described in this section.C\n\nNo person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract.D\n\nIf a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the public body and shall be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties.","order_by":null,"text":{"0":{"id":208611,"text":"No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208612,"text":"No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":208613,"text":"No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":208614,"text":"If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the public body and shall be recoverable from both the maker and recipient. Recovery from one offending party shall not preclude recovery from other offending parties.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4372\/","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 1 time. 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. That modification is as follows: in 2001, chapter 844<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":177387,"object_type":"law","relational_id":56969,"identifier":"2.2-4372","token":"2.2\/II\/B\/43\/6\/2.2-4372","url":"\/2.2-4372\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4372\/","token":"2.2\/II\/B\/43\/6\/2.2-4372","dublin_core":{"Title":"Kickbacks","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4372","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order<\/span>, any payment, loan, subscription, advance, deposit of money, services<\/span> or anything, present or promised, unless consideration of substantially equal or greater value is exchanged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services<\/span> or anything of value in return for an agreement not to compete on a public contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order<\/span> and ultimately borne by the public body<\/span> and shall be recoverable from both the maker and recipient. Recovery from one offending party<\/span> shall not preclude recovery from other offending parties. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nKICKBACKS (\u00a7 2.2-4372)\n\nA. No contractor or subcontractor shall demand or receive from any of his\nsuppliers or his subcontractors, as an inducement for the award of a subcontract\nor order, any payment, loan, subscription, advance, deposit of money, services\nor anything, present or promised, unless consideration of substantially equal or\ngreater value is exchanged.\n\nB. No subcontractor or supplier shall make, or offer to make, kickbacks as\ndescribed in this section.\n\nC. No person shall demand or receive any payment, loan, subscription, advance,\ndeposit of money, services or anything of value in return for an agreement not\nto compete on a public contract.\n\nD. If a subcontractor or supplier makes a kickback or other prohibited payment\nas described in this section, the amount thereof shall be conclusively presumed\nto have been included in the price of the subcontract or order and ultimately\nborne by the public body and shall be recoverable from both the maker and\nrecipient. Recovery from one offending party shall not preclude recovery from\nother offending parties.\n\nHISTORY: 1982, c. 647, \u00a7 11-78; 2001, c. 844.","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}}