                                 CODE OF VIRGINIA

DEFINITIONS (§ 2.2-4301)

As used in this chapter:
		&#8220;Affiliate&#8221; means an individual or business that controls, is
controlled by, or is under common control with another individual or business. 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 &#8220;voting security&#8221; 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 business 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
voting security.
		&#8220;Best value,&#8221; 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 public body&#8217;s needs.
		&#8220;Business&#8221; means any type of corporation, partnership, limited
liability company, association, or sole proprietorship operated for profit.
		&#8220;Competitive negotiation&#8221; is the method of contractor selection
set forth in § 2.2-4302.2.
		&#8220;Competitive sealed bidding&#8221; is the method of contractor selection
set forth in § 2.2-4302.1.
		&#8220;Construction&#8221; means building, altering, repairing, improving or
demolishing any structure, building or highway, and any draining, dredging,
excavation, grading or similar work upon real property.
		&#8220;Construction management contract&#8221; means the same as that term is
defined in § 2.2-4379.
		&#8220;Design-build contract&#8221; means the same as that term is defined in
§ 2.2-4379.
		&#8220;Employment services organization&#8221; 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.
		&#8220;Goods&#8221; means all material, equipment, supplies, printing, and
automated data processing hardware and software.
		&#8220;Informality&#8221; means a minor 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 goods, services or construction being procured.
		&#8220;Job order contracting&#8221; 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 sealed bidding or competitive negotiation depending on the needs of
the public body 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 § 2.2-4303.2.
		&#8220;Multiphase professional services contract&#8221; 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.
		&#8220;Nonprofessional services&#8221; means any services not specifically
identified as professional services in the definition of professional services.
		&#8220;Potential bidder or offeror,&#8221; for the purposes of §§ 2.2-4360
and 2.2-4364, means a person who, at the time a public body negotiates and
awards or proposes to award a contract, is engaged in the sale or lease of
goods, 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 sealed bidding or competitive negotiation.
		&#8220;Professional services&#8221; means work performed by an independent
contractor within the scope of the practice of accounting, actuarial services,
architecture, land surveying, landscape architecture, law, dentistry, medicine,
optometry, pharmacy or professional engineering. &#8220;Professional
services&#8221; shall also include the services of an economist procured by the
State Corporation Commission.
		&#8220;Public body&#8221; means any legislative, executive or judicial body,
agency, office, department, authority, post, commission, committee, institution,
board or political subdivision created by law to exercise some sovereign power
or to perform some governmental duty, and empowered by law to undertake the
activities described in this chapter. &#8220;Public body&#8221; 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.
		&#8220;Public contract&#8221; means an agreement between a public body and a
nongovernmental source that is enforceable in a court of law.
		&#8220;Responsible bidder&#8221; or &#8220;offeror&#8221; means a person who
has the capability, in all respects, to perform fully the contract requirements
and the moral and business integrity and reliability that will assure good faith
performance, and who has been prequalified, if required.
		&#8220;Responsive bidder&#8221; means a person who has submitted a bid that
conforms in all material respects to the Invitation to Bid.
		&#8220;Reverse auctioning&#8221; means a procurement method wherein bidders
are invited to bid on specified goods or nonprofessional services through
real-time electronic bidding, with the award being made to the lowest responsive
and responsible bidder. During the bidding process, bidders&#8217; 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.
		&#8220;Services&#8221; means any work performed by an independent contractor
wherein the service rendered does not consist primarily of acquisition of
equipment or materials, or the rental of equipment, materials and supplies.

HISTORY: 1982, c. 647, § 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.