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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83635</law_id><section_number>2.2-4301</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>11-4.1</reference><reference>11-4.4</reference><reference>11-4.6</reference><reference>2.2-1111</reference><reference>2.2-1115.1</reference><reference>2.2-1118</reference><reference>2.2-2012</reference><reference>2.2-4302.1</reference><reference>2.2-4321.2</reference><reference>2.2-4354</reference><reference>2.2-4364</reference><reference>2.2-4379</reference><reference>33.2-226</reference><reference>45.2-1702</reference><reference>54.1-205</reference></referred_to_by><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="II">Administration of State Government</unit><unit label="part" level="3" order_by="1" identifier="B">Transaction of Public Business</unit><unit label="chapter" level="4" order_by="1" identifier="43">Virginia Public Procurement Act</unit><unit label="article" level="5" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter:
		&#x201C;<span class="dictionary">Affiliate</span>&#x201D; means an individual or <span class="dictionary">business</span> that controls, is controlled by, or is under common control with another individual or <span class="dictionary">business</span>. A person controls an entity if the person owns, directly or indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition &#x201C;<span class="dictionary">voting security</span>&#x201D; means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the <span class="dictionary">business</span> or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general partnership interest shall be deemed to be a <span class="dictionary">voting security</span>.
		&#x201C;Best value,&#x201D; as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a <span class="dictionary">public body</span>&#x2019;s needs.
		&#x201C;<span class="dictionary">Business</span>&#x201D; means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit.
		&#x201C;Competitive negotiation&#x201D; is the method of contractor selection set forth in &#xA7;&#xA0;<a class="law" title="Process for competitive negotiation" href="/2.2-4302.2/">2.2-4302.2</a>.
		&#x201C;Competitive <span class="dictionary">sealed</span> bidding&#x201D; is the method of contractor selection set forth in &#xA7;&#xA0;<a class="law" title="Process for competitive sealed bidding" href="/2.2-4302.1/">2.2-4302.1</a>.
		&#x201C;Construction&#x201D; means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property.
		&#x201C;<span class="dictionary">Construction management contract</span>&#x201D; means the same as that term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/2.2-4379/">2.2-4379</a>.
		&#x201C;<span class="dictionary">Design-build contract</span>&#x201D; means the same as that term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/2.2-4379/">2.2-4379</a>.
		&#x201C;<span class="dictionary">Employment services organization</span>&#x201D; means an organization that provides employment services to individuals with disabilities that is an approved Commission on the Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department for Aging and Rehabilitative Services.
		&#x201C;<span class="dictionary">Goods</span>&#x201D; means all <span class="dictionary">material</span>, equipment, supplies, printing, and automated data processing hardware and software.
		&#x201C;<span class="dictionary">Informality</span>&#x201D; means a <span class="dictionary">minor</span> defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid, or the Request for Proposal, which does not affect the price, quality, quantity or delivery schedule for the <span class="dictionary">goods</span>, services or construction being procured.
		&#x201C;<span class="dictionary">Job order contracting</span>&#x201D; means a method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities, and specifications in the book as the basis of its pricing. The contractor may be selected through either competitive <span class="dictionary">sealed</span> bidding or competitive negotiation depending on the needs of the <span class="dictionary">public body</span> procuring the construction services. A minimum amount of work may be specified in the contract. The contract term and the project amount shall not exceed the limitations specified in &#xA7;&#xA0;<a class="law" title="Job order contracting; limitations" href="/2.2-4303.2/">2.2-4303.2</a>.
		&#x201C;<span class="dictionary">Multiphase professional services contract</span>&#x201D; means a contract for the providing of professional services where the total scope of work of the second or subsequent phase of the contract cannot be specified without the results of the first or prior phase of the contract.
		&#x201C;<span class="dictionary">Nonprofessional services</span>&#x201D; means any services not specifically identified as professional services in the definition of professional services.
		&#x201C;Potential bidder or <span class="dictionary">offeror</span>,&#x201D; for the purposes of &#xA7;&#xA7;&#xA0;<a class="law" title="Protest of award or decision to award" href="/2.2-4360/">2.2-4360</a> and <a class="law" title="Legal actions" href="/2.2-4364/">2.2-4364</a>, means a person who, at the time a <span class="dictionary">public body</span> negotiates and awards or proposes to award a contract, is engaged in the sale or lease of <span class="dictionary">goods</span>, or the sale of services, insurance or construction, of the type to be procured under the contract, and who at such time is eligible and qualified in all respects to perform that contract, and who would have been eligible and qualified to submit a bid or proposal had the contract been procured through competitive <span class="dictionary">sealed</span> bidding or competitive negotiation.
		&#x201C;Professional services&#x201D; means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, <span class="dictionary">law</span>, dentistry, medicine, optometry, pharmacy or professional engineering. &#x201C;Professional services&#x201D; shall also include the services of an economist procured by the State Corporation Commission.
		&#x201C;<span class="dictionary">Public body</span>&#x201D; means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by <span class="dictionary">law</span> to exercise some sovereign power or to perform some governmental duty, and empowered by <span class="dictionary">law</span> to undertake the activities described in this chapter. &#x201C;<span class="dictionary">Public body</span>&#x201D; shall include (i) any independent agency of the Commonwealth, and (ii) any metropolitan planning organization or planning district commission which operates exclusively within the Commonwealth of Virginia.
		&#x201C;<span class="dictionary">Public contract</span>&#x201D; means an agreement between a <span class="dictionary">public body</span> and a nongovernmental source that is enforceable in a <span class="dictionary">court</span> of <span class="dictionary">law</span>.
		&#x201C;<span class="dictionary">Responsible bidder</span>&#x201D; or &#x201C;<span class="dictionary">offeror</span>&#x201D; means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and <span class="dictionary">business</span> integrity and reliability that will assure good faith performance, and who has been prequalified, if required.
		&#x201C;<span class="dictionary">Responsive bidder</span>&#x201D; means a person who has submitted a bid that conforms in all <span class="dictionary">material</span> respects to the Invitation to Bid.
		&#x201C;<span class="dictionary">Reverse auctioning</span>&#x201D; means a procurement method wherein bidders are invited to bid on specified <span class="dictionary">goods</span> or <span class="dictionary">nonprofessional services</span> through real-time electronic bidding, with the award being made to the lowest responsive and <span class="dictionary">responsible bidder</span>. During the bidding process, bidders&#x2019; prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for bid opening.
		&#x201C;Services&#x201D; means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or <span class="dictionary">materials</span>, or the rental of equipment, <span class="dictionary">materials</span> and supplies.</p></section></text><history>1982, c. 647, &#xA7; 11-37; 1984, cc. 279, 764; 1985, c. 164; 1987, cc. 176, 218, 474; 1989, cc. 309, 323; 1991, c. 559; 1996, cc. 460, 683; 2000, cc. 621, 638, 643, 644, 647, 665, 692, 703; 2001, cc. 395, 675, 844; 2003, cc. 185, 644, 895, 994, 1006; 2004, c. 458; 2006, c. 206; 2008, c. 371; 2009, cc. 495, 562, 564; 2010, c. 440; 2011, cc. 24, 332, 555; 2012, c. 632; 2013, cc. 482, 518, 540, 543, 583; 2015, cc. 760, 776; 2017, cc. 699, 704.</history><metadata></metadata></law>
