                                 CODE OF VIRGINIA

PROHIBITED CONDUCT; BIDS OR PROPOSALS UNDER THE VIRGINIA PUBLIC PROCUREMENT ACT,
PUBLIC-PRIVATE TRANSPORTATION ACT, AND PUBLIC-PRIVATE EDUCATION FACILITIES AND
INFRASTRUCTURE ACT; LOANS OR GRANTS FROM THE COMMONWEALTH&#8217;S DEVELOPMENT
OPPORTUNITY FUND (§ 2.2-3104.01)

A. Neither the Governor, his political action committee, or the Governor&#8217;s
Secretaries, if the Secretary is responsible to the Governor for an executive
branch agency with jurisdiction over the matters at issue, shall knowingly
solicit or accept a contribution, gift, or other item with a value greater than
$50 from any bidder, offeror, or private entity, or from an officer or director
of such bidder, offeror, or private entity, who has submitted a bid or proposal
to an executive branch agency that is directly responsible to the Governor
pursuant to the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.), the
Public-Private Transportation Act of 1995 (&#xA7; 33.2-1800 et seq.), or the
Public-Private Education Facilities and Infrastructure Act of 2002 (&#xA7;
56-575.1 et seq.)(i) during the period between the submission of the bid and the
award of the public contract under the Virginia Public Procurement Act or (ii)
following the submission of a proposal under the Public-Private Transportation
Act of 1995 or the Public-Private Education Facilities and Infrastructure Act of
2002 until the execution of a comprehensive agreement thereunder.

B. The provisions of this section shall apply only for public contracts,
proposals, or comprehensive agreements where the stated or expected value of the
contract is $5 million or more. The provisions of this section shall not apply
to contracts awarded as the result of competitive sealed bidding as set forth in
&#xA7; 2.2-4302.1.

C. Any person who knowingly violates this section shall be subject to a civil
penalty of $500 or up to two times the amount of the contribution or gift,
whichever is greater, and the contribution, gift, or other item shall be
returned to the donor. 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 and shall be
used exclusively to fund the Council.

HISTORY: 2010, c. 732; 2011, c. 624; 2013, c. 583; 2015, cc. 763, 777; 2016, c.
641.