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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73905</law_id><section_number>2.2-2275</section_number><catch_line>Competition in award of contracts; contractors to give surety; terms of contracts</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Organization of State Government</unit><unit label="part" level="3" order_by="1" identifier="D">State Authorities, Boards, Commissions, Councils, Foundations and Other Collegial Bodies</unit><unit label="chapter" level="4" order_by="1" identifier="22">Authorities</unit><unit label="article" level="5" order_by="1" identifier="6">Virginia Public Building Authority</unit></structure><text>
						<section><p>If any project or any portion thereof or any improvement thereof shall be constructed, or furnished pursuant to a <span class="dictionary">contract</span> and the estimated cost thereof exceeds $10,000, such <span class="dictionary">contract</span> with the <span class="dictionary">Authority</span> shall be awarded to the lowest responsible bidder after advertisement for bids. The <span class="dictionary">Authority</span> may make rules and regulations for the submission of bids and the construction, furnishing, or improvement of any project or portion thereof to be owned by the <span class="dictionary">Authority</span>, the <span class="dictionary">Commonwealth</span> or any agency, institution, or department thereof. No <span class="dictionary">contract</span> shall be entered into by the <span class="dictionary">Authority</span> for construction, furnishing, or improvement of any project, or portion thereof, or for the purchase of <span class="dictionary">materials</span>, unless the contractor gives an undertaking with a sufficient <span class="dictionary">surety</span> approved by the <span class="dictionary">Authority</span>, and in an amount fixed by the <span class="dictionary">Authority</span> in accordance with &#xA7;&#xA0;<a class="law" title="Performance and payment bonds" href="/2.2-4337/">2.2-4337</a>, for the faithful performance of the <span class="dictionary">contract</span>. Such <span class="dictionary">contract</span> shall be accompanied by an additional <span class="dictionary">bond</span> for the protection of those who furnish labor and <span class="dictionary">material</span> or rental equipment for such amount and subject to the same terms and conditions as established by the <span class="dictionary">Authority</span> in accordance with &#xA7;&#xA0;<a class="law" title="Performance and payment bonds" href="/2.2-4337/">2.2-4337</a>. All construction <span class="dictionary">contracts</span> shall provide, among other things, that the person or corporation entering into such <span class="dictionary">contract</span> with the <span class="dictionary">Authority</span> will pay for all <span class="dictionary">materials</span> furnished, rental equipment used and services rendered for the performance of the <span class="dictionary">contract</span>, and that any person or corporation furnishing such <span class="dictionary">materials</span>, rental equipment or rendering such services may maintain an action to recover for the same against the obligor in the undertaking as though such person or corporation was named therein, provided the action is brought within one year after the time the <span class="dictionary">cause of action</span> accrued. The additional <span class="dictionary">bond</span> shall be conditioned upon the prompt payment of actual equipment rentals and shall not be conditioned upon or guarantee payment of equipment rentals, all or any part of which, directly or indirectly, apply on the purchase price of such equipment under the terms of a bailment lease or conditional sales <span class="dictionary">contract</span> or by any other arrangement by which title to the equipment will be transferred to the contractor and the rentals form any part of the consideration.
		Subject to the foregoing, the <span class="dictionary">Authority</span> may, but without intending by this provision to limit any powers of the <span class="dictionary">Authority</span>, enter into and carry out such <span class="dictionary">contracts</span>, or establish or comply with such rules and regulations concerning labor and <span class="dictionary">materials</span> to rental equipment and other related matters in connection with any project, or portion thereof, as the <span class="dictionary">Authority</span> deems desirable.</p></section></text><history>1981, c. 569, &#xA7; 2.1-234.27; 1998, cc. 498, 504; 2001, c. 844.</history><metadata></metadata></law>
