{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4376.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4376.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4376.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4376.2.html"}],"law_id":77327,"edition_id":1,"section_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","history":"2022, cc. 96, 97.","full_text":"A\n\nAs used in this section:\n\t\t\t“Contribution” means the donation of money or in-kind contributions.\n\t\t\t“In-kind contribution” means the donation of goods, services, property, or other thing of value, other than money. The basis for arriving at the dollar value of an in-kind contribution is as follows: new items are valued at retail value, used items are valued at fair market value, and services rendered are valued at the actual cost of service per hour.\n\t\t\t“Offeror” includes the offeror’s owner and any agent, managing member, officer, director, or spouse of the offeror.\n\t\t\t“Public institution of higher education” means the same as that term is defined in § 23.1-100.B\n\nEvery offeror awarded a contract by a public institution of higher education for any construction project that has a total cost of $5 million or more shall disclose any contributions the offeror has made within the previous five-year period totaling $25,000 or more to the public institution of higher education or any private foundation that exists solely to support the public institution of higher education. Any offeror who desires to protest the award or decision to award a contract pursuant to this section shall do so in accordance with the provisions of § 2.2-4360; however, no protest shall lie for a claim that the selected offeror was awarded a contract solely based on such offeror’s contribution to the public institution of higher education.C\n\nAny offeror that knowingly fails to submit the disclosure required by this section shall be subject to a civil penalty of $500. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalties. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund.","order_by":null,"text":{"0":{"id":277338,"text":"As used in this section:\n\t\t\t“Contribution” means the donation of money or in-kind contributions.\n\t\t\t“In-kind contribution” means the donation of goods, services, property, or other thing of value, other than money. The basis for arriving at the dollar value of an in-kind contribution is as follows: new items are valued at retail value, used items are valued at fair market value, and services rendered are valued at the actual cost of service per hour.\n\t\t\t“Offeror” includes the offeror’s owner and any agent, managing member, officer, director, or spouse of the offeror.\n\t\t\t“Public institution of higher education” means the same as that term is defined in § 23.1-100.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277339,"text":"Every offeror awarded a contract by a public institution of higher education for any construction project that has a total cost of $5 million or more shall disclose any contributions the offeror has made within the previous five-year period totaling $25,000 or more to the public institution of higher education or any private foundation that exists solely to support the public institution of higher education. Any offeror who desires to protest the award or decision to award a contract pursuant to this section shall do so in accordance with the provisions of § 2.2-4360; however, no protest shall lie for a claim that the selected offeror was awarded a contract solely based on such offeror’s contribution to the public institution of higher education.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277340,"text":"Any offeror that knowingly fails to submit the disclosure required by this section shall be subject to a civil penalty of $500. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalties. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4376.2\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapters 96<\/a> and 97<\/a> 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.<\/p>","references":[{"id":74516,"section_number":"23.1-1017","catch_line":"Covered institutions; operational authority; procurement","order_by":null,"url":"\/23.1-1017\/"}],"refers_to":[{"id":65336,"section_number":"2.2-4360","catch_line":"Protest of award or decision to award","order_by":null,"url":"\/2.2-4360\/"}],"permalink":{"id":177411,"object_type":"law","relational_id":77327,"identifier":"2.2-4376.2","token":"2.2\/II\/B\/43\/6\/2.2-4376.2","url":"\/2.2-4376.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4376.2\/","token":"2.2\/II\/B\/43\/6\/2.2-4376.2","dublin_core":{"Title":"(Effective until July 1, 2027) Disclosure of contributions and gifts during procurement process; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4376.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Contribution” means the donation of money or in-kind contributions<\/span>.\n\t\t\t“In-kind contribution<\/span>” means the donation of goods<\/span>, services<\/span>, property, or other thing of value, other than money. The basis for arriving at the dollar value of an in-kind contribution<\/span> is as follows: new items are valued at retail value, used items are valued at fair market value, and services<\/span> rendered are valued at the actual cost of service per hour.\n\t\t\t“Offeror<\/span>” includes the offeror<\/span>’s owner and any agent, managing member, officer, director, or spouse of the offeror<\/span>.\n\t\t\t“Public institution of higher education<\/span>” means the same as that term is defined in § 23.1-100<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every offeror<\/span> awarded a contract<\/span> by a public institution of higher education<\/span> for any construction<\/span> project that has a total cost of $5 million or more shall disclose any contributions the offeror<\/span> has made within the previous five-year period totaling $25,000 or more to the public institution of higher education<\/span> or any private foundation that exists solely to support the public institution of higher education<\/span>. Any offeror<\/span> who desires to protest the award or decision to award a contract<\/span> pursuant to this section shall do so in accordance with the provisions of § 2.2-4360<\/a>; however, no protest shall lie for a claim that the selected offeror<\/span> was awarded a contract<\/span> solely based on such offeror<\/span>’s contribution to the public institution of higher education<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any offeror<\/span> that knowingly fails to submit the disclosure required by this section shall be subject to a civil penalty<\/span> of $500. The attorney for the Commonwealth shall initiate civil proceedings to enforce the civil penalties. Any civil penalties collected shall be payable to the State Treasurer for deposit to the general fund. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE UNTIL JULY 1, 2027) DISCLOSURE OF CONTRIBUTIONS AND GIFTS DURING\nPROCUREMENT PROCESS; CIVIL PENALTY (\u00a7 2.2-4376.2)\n\nA. As used in this section:\n\t\t\t“Contribution” means the donation of money or in-kind\ncontributions.\n\t\t\t“In-kind contribution” means the donation of goods, services,\nproperty, or other thing of value, other than money. The basis for arriving at\nthe dollar value of an in-kind contribution is as follows: new items are valued\nat retail value, used items are valued at fair market value, and services\nrendered are valued at the actual cost of service per hour.\n\t\t\t“Offeror” includes the offeror’s owner and any agent,\nmanaging member, officer, director, or spouse of the offeror.\n\t\t\t“Public institution of higher education” means the same as that\nterm is defined in § 23.1-100.\n\nB. Every offeror awarded a contract by a public institution of higher education\nfor any construction project that has a total cost of $5 million or more shall\ndisclose any contributions the offeror has made within the previous five-year\nperiod totaling $25,000 or more to the public institution of higher education or\nany private foundation that exists solely to support the public institution of\nhigher education. Any offeror who desires to protest the award or decision to\naward a contract pursuant to this section shall do so in accordance with the\nprovisions of § 2.2-4360; however, no protest shall lie for a claim that\nthe selected offeror was awarded a contract solely based on such offeror’s\ncontribution to the public institution of higher education.\n\nC. Any offeror that knowingly fails to submit the disclosure required by this\nsection shall be subject to a civil penalty of $500. The attorney for the\nCommonwealth shall initiate civil proceedings to enforce the civil penalties.\nAny civil penalties collected shall be payable to the State Treasurer for\ndeposit to the general fund.\n\nHISTORY: 2022, cc. 96, 97.","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}}