{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4378.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4378.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4378.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4378.html"}],"law_id":63977,"edition_id":1,"section_id":63977,"structure_id":16130,"section_number":"2.2-4378","catch_line":"Purpose; applicability","history":"2017, cc. 699, 704; 2024, cc. 469, 490.","full_text":"A\n\nThe purpose of this chapter is to enunciate the public policies pertaining to governmental procurement of construction utilizing the construction management and design-build procurement methods. A design-bid-build project delivery method that utilizes competitive sealed bidding is the default method of procurement for construction. Notwithstanding any other provision of law, the Commonwealth may enter into contracts on a fixed price design-build basis or construction management basis in accordance with the provisions of this chapter and § 2.2-1502.B\n\nExcept as provided in subsection C, this chapter shall apply regardless of the source of financing, whether it is general fund, nongeneral fund, federal trust fund, state debt, or institutional debt.C\n\nThe following shall be exempt from the provisions of this chapter:1\n\nProjects of a covered institution that are to be funded exclusively by a foundation that (i) exists for the primary purpose of supporting the covered institution and (ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; and2\n\nTransportation construction projects procured and awarded by the Commonwealth Transportation Board pursuant to subsection B of § 33.2-209.D\n\nThe provisions of this chapter shall supplement the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), which provisions shall remain applicable. In the event of any conflict between this chapter and the Virginia Public Procurement Act (§ 2.2-4300 et seq.), the Restructured Higher Education Financial and Administrative Operations Act of 2005 (§ 23.1-1000 et seq.), or any other provision of law, this chapter shall control.","order_by":null,"text":{"0":{"id":232967,"text":"The purpose of this chapter is to enunciate the public policies pertaining to governmental procurement of construction utilizing the construction management and design-build procurement methods. A design-bid-build project delivery method that utilizes competitive sealed bidding is the default method of procurement for construction. Notwithstanding any other provision of law, the Commonwealth may enter into contracts on a fixed price design-build basis or construction management basis in accordance with the provisions of this chapter and § 2.2-1502.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232968,"text":"Except as provided in subsection C, this chapter shall apply regardless of the source of financing, whether it is general fund, nongeneral fund, federal trust fund, state debt, or institutional debt.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232969,"text":"The following shall be exempt from the provisions of this chapter:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":232970,"text":"Projects of a covered institution that are to be funded exclusively by a foundation that (i) exists for the primary purpose of supporting the covered institution and (ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":232971,"text":"Transportation construction projects procured and awarded by the Commonwealth Transportation Board pursuant to subsection B of § 33.2-209.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":232972,"text":"The provisions of this chapter shall supplement the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.), which provisions shall remain applicable. In the event of any conflict between this chapter and the Virginia Public Procurement Act (§ 2.2-4300 et seq.), the Restructured Higher Education Financial and Administrative Operations Act of 2005 (§ 23.1-1000 et seq.), or any other provision of law, this chapter shall control.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"ancestry":[{"id":16130,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":15809,"metadata":{},"date_created":"2026-06-26 04:07:03","date_modified":"2026-06-26 04:07:03","permalink":{"id":177421,"object_type":"structure","relational_id":16130,"identifier":"1","token":"2.2\/II\/B\/43.1\/1","url":"\/2.2\/II\/B\/43.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15809,"edition_id":1,"name":"Construction Management and Design-Build Contracting","identifier":"43.1","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:59:53","date_modified":"2026-06-26 03:59:53","permalink":{"id":177419,"object_type":"structure","relational_id":15809,"identifier":"43.1","token":"2.2\/II\/B\/43.1","url":"\/2.2\/II\/B\/43.1\/","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":63977,"structure_id":16130,"section_number":"2.2-4378","catch_line":"Purpose; applicability","url":"\/2.2-4378\/","token":"2.2\/II\/B\/43.1\/1\/2.2-4378","metadata":false},{"id":84570,"structure_id":16130,"section_number":"2.2-4379","catch_line":"Definitions","url":"\/2.2-4379\/","token":"2.2\/II\/B\/43.1\/1\/2.2-4379","metadata":false}],"next_section":{"id":84570,"structure_id":16130,"section_number":"2.2-4379","catch_line":"Definitions","url":"\/2.2-4379\/","token":"2.2\/II\/B\/43.1\/1\/2.2-4379","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4378\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 699<\/a> and 704<\/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. 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 2024, chapters 469<\/a> and 490<\/a>.<\/p>","references":[{"id":60713,"section_number":"2.2-4303","catch_line":"Methods of procurement","order_by":null,"url":"\/2.2-4303\/"},{"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":65780,"section_number":"2.2-4340.1","catch_line":"Statute of limitations on construction contracts","order_by":null,"url":"\/2.2-4340.1\/"},{"id":85767,"section_number":"2.2-4340.2","catch_line":"Statute of limitations on architectural and engineering contracts","order_by":null,"url":"\/2.2-4340.2\/"},{"id":54190,"section_number":"2.2-4343","catch_line":"Exemption from operation of chapter for certain transactions","order_by":null,"url":"\/2.2-4343\/"},{"id":72767,"section_number":"2.2-4345","catch_line":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations","order_by":null,"url":"\/2.2-4345\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":85263,"section_number":"8.01-232","catch_line":"Effect of promises not to plead statute of limitations","order_by":null,"url":"\/8.01-232\/"}],"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":84746,"section_number":"23.1-1000","catch_line":"Definitions","order_by":null,"url":"\/23.1-1000\/"}],"permalink":{"id":177423,"object_type":"law","relational_id":63977,"identifier":"2.2-4378","token":"2.2\/II\/B\/43.1\/1\/2.2-4378","url":"\/2.2-4378\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4378\/","token":"2.2\/II\/B\/43.1\/1\/2.2-4378","dublin_core":{"Title":"Purpose; applicability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4378","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The purpose of this chapter is to enunciate the public policies pertaining to governmental procurement of construction utilizing the construction management and design-build procurement methods. A design-bid-build<\/span> project delivery method that utilizes competitive sealed<\/span> bidding is the default<\/span> method of procurement for construction. Notwithstanding any other provision of law<\/span>, the Commonwealth may enter into contracts<\/span> on a fixed price design-build basis or construction management basis in accordance with the provisions of this chapter and § 2.2-1502<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection C, this chapter shall apply regardless of the source of financing, whether it is general fund, nongeneral fund, federal trust fund, state debt, or institutional debt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The following shall be exempt from the provisions of this chapter: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Projects of a covered institution<\/span> that are to be funded exclusively by a foundation that (i) exists for the primary purpose of supporting the covered institution<\/span> and (ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Transportation construction projects procured and awarded by the Commonwealth Transportation Board pursuant to subsection B of § 33.2-209<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this chapter shall supplement the provisions of the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.), which provisions shall remain applicable. In the event of any conflict between this chapter and the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.), the Restructured Higher Education Financial and Administrative Operations Act of 2005 (§ 23.1-1000<\/a> et seq.), or any other provision of law<\/span>, this chapter shall control. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURPOSE; APPLICABILITY (\u00a7 2.2-4378)\n\nA. The purpose of this chapter is to enunciate the public policies pertaining to\ngovernmental procurement of construction utilizing the construction management\nand design-build procurement methods. A design-bid-build project delivery method\nthat utilizes competitive sealed bidding is the default method of procurement\nfor construction. Notwithstanding any other provision of law, the Commonwealth\nmay enter into contracts on a fixed price design-build basis or construction\nmanagement basis in accordance with the provisions of this chapter and §\n2.2-1502.\n\nB. Except as provided in subsection C, this chapter shall apply regardless of\nthe source of financing, whether it is general fund, nongeneral fund, federal\ntrust fund, state debt, or institutional debt.\n\nC. The following shall be exempt from the provisions of this chapter:\n\n 1. Projects of a covered institution that are to be funded exclusively by a\n foundation that (i) exists for the primary purpose of supporting the covered\n institution and (ii) is exempt from taxation under § 501(c)(3) of the\n Internal Revenue Code; and\n\n 2. Transportation construction projects procured and awarded by the\n Commonwealth Transportation Board pursuant to subsection B of § 33.2-209.\n\nD. The provisions of this chapter shall supplement the provisions of the\nVirginia Public Procurement Act (§ 2.2-4300 et seq.), which provisions\nshall remain applicable. In the event of any conflict between this chapter and\nthe Virginia Public Procurement Act (§ 2.2-4300 et seq.), the Restructured\nHigher Education Financial and Administrative Operations Act of 2005 (§\n23.1-1000 et seq.), or any other provision of law, this chapter shall control.\n\nHISTORY: 2017, cc. 699, 704; 2024, cc. 469, 490.","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}}