                                 CODE OF VIRGINIA

METHODS OF PROCUREMENT (§ 2.2-4303)

A. All public contracts with nongovernmental contractors for the purchase or
lease of goods, or for the purchase of services, insurance, or construction,
shall be awarded after competitive sealed bidding, or competitive negotiation as
provided in this section, unless otherwise authorized by law. All state public
bodies accepting bids or proposals for contracts pursuant to this chapter shall
provide an option to submit bids or proposals through the Commonwealth&#8217;s
statewide electronic procurement system, known as eVA. The Director of the
Department of General Services, or his designee, may grant an exemption from
such requirement at the request of a state public body and upon a showing of
good cause. All local public bodies shall provide an option to submit bids or
proposals through eVA or other electronic means. In cases where bids or
proposals are submitted electronically, the local public body may also require a
certain number of paper submissions for review purposes.

B. Professional services shall be procured by competitive negotiation.

C. Goods, services other than professional services, and insurance may be
procured by competitive sealed bidding or competitive negotiation.
			Upon a written determination made in advance by (i) the Governor or his
designee in the case of a procurement by the Commonwealth or by a department,
agency or institution thereof or (ii) the local governing body in the case of a
procurement by a political subdivision of the Commonwealth, that competitive
negotiation is either not practicable or not fiscally advantageous, insurance
may be procured through a licensed agent or broker selected in the manner
provided for the procurement of things other than professional services set
forth in &#xA7; 2.2-4302.2. The basis for this determination shall be documented
in writing.

D. Construction may be procured only by competitive sealed bidding, except that
competitive negotiation may be used in the following instances:

   1. By any public body on a fixed price design-build basis or construction
   management basis as provided in Chapter 43.1 (&#xA7; 2.2-4378 et seq.); or

   2. By any public body for the construction of highways and any draining,
   dredging, excavation, grading or similar work upon real property upon a
   determination made in advance by the public body and set forth in writing that
   competitive sealed bidding is either not practicable or not fiscally
   advantageous to the public, which writing shall document the basis for this
   determination.

E. Upon a determination in writing that there is only one source practicably
available for that which is to be procured, a contract may be negotiated and
awarded to that source without competitive sealed bidding or competitive
negotiation. The writing shall document the basis for this determination. The
public body shall issue a written notice stating that only one source was
determined to be practicably available, and identifying that which is being
procured, the contractor selected, and the date on which the contract was or
will be awarded. This notice shall be posted on the Department of General
Services&#8217; central electronic procurement website or other appropriate
websites, and in addition, public bodies may publish in a newspaper of general
circulation on the day the public body awards or announces its decision to award
the contract, whichever occurs first. Posting on the Department of General
Services&#8217; central electronic procurement website shall be required of any
state public body. Local public bodies are encouraged to utilize the Department
of General Services&#8217; central electronic procurement website to provide the
public with centralized visibility and access to the Commonwealth&#8217;s
procurement opportunities.

F. In case of emergency, a contract may be awarded without competitive sealed
bidding or competitive negotiation; however, such procurement shall be made with
such competition as is practicable under the circumstances. A written
determination of the basis for the emergency and for the selection of the
particular contractor shall be included in the contract file. The public body
shall issue a written notice stating that the contract is being awarded on an
emergency basis, and identifying that which is being procured, the contractor
selected, and the date on which the contract was or will be awarded. This notice
shall be posted on the Department of General Services&#8217; central electronic
procurement website or other appropriate websites, and in addition, public
bodies may publish in a newspaper of general circulation on the day the public
body awards or announces its decision to award the contract, whichever occurs
first, or as soon thereafter as is practicable. Posting on the Department of
General Services&#8217; central electronic procurement website shall be required
of any state public body. Local public bodies are encouraged to utilize the
Department of General Services&#8217; central electronic procurement website to
provide the public with centralized visibility and access to the
Commonwealth&#8217;s procurement opportunities.

G. A public body may establish purchase procedures, if adopted in writing, not
requiring competitive sealed bids or competitive negotiation for single or term
contracts for:

   1. Goods and services other than professional services, if the aggregate or
   the sum of all phases is not expected to exceed $200,000, and
   non-transportation-related construction, if the aggregate or the sum of all
   phases is not expected to exceed $300,000; and

   2. Transportation-related construction, if the aggregate or sum of all phases
   is not expected to exceed $25,000.
   				However, such small purchase procedures shall provide for competition
   wherever practicable.
   				Such purchase procedures may allow for single or term contracts for
   professional services without requiring competitive negotiation, provided the
   aggregate or the sum of all phases is not expected to exceed $80,000.
   				Where small purchase procedures are adopted for construction, the
   procedures shall not waive compliance with the Uniform State Building Code.
   				For state public bodies, informal solicitations conducted under this
   subsection shall require the posting of a public notice on the Department of
   General Services&#8217; central electronic procurement website. Local public
   bodies are encouraged to utilize the Department of General Services&#8217;
   central electronic procurement website to provide the public with centralized
   visibility and access to the Commonwealth&#8217;s procurement opportunities.

H. Upon a determination made in advance by a public body and set forth in
writing that the purchase of goods, products or commodities from a public
auction sale is in the best interests of the public, such items may be purchased
at the auction, including online public auctions. Purchase of information
technology and telecommunications goods and nonprofessional services from a
public auction sale shall be permitted by any authority, department, agency, or
institution of the Commonwealth if approved by the Chief Information Officer of
the Commonwealth. The writing shall document the basis for this determination.
However, bulk purchases of commodities used in road and highway construction and
maintenance, and aggregates shall not be made by online public auctions.

I. The purchase of goods or nonprofessional services, but not construction or
professional services, may be made by reverse auctioning. However, bulk
purchases of commodities used in road and highway construction and maintenance,
and aggregates shall not be made by reverse auctioning.

HISTORY: 1982, c. 647, § 11-41; 1985, c. 164; 1986, cc. 332, 559; 1987, c. 456;
1988, cc. 40, 640; 1989, c. 296; 1991, c. 73; 1993, c. 242; 1996, cc. 827, 965,
1019; 1999, c. 178; 2000, cc. 637, 647, 664, 692; 2001, cc. 395, 844; 2003, cc.
644, 895; 2004, cc. 706, 874, 906; 2005, c. 394; 2006, cc. 464, 510; 2008, c.
78; 2009, c. 123; 2010, c. 567; 2011, cc. 332, 594, 612, 681; 2012, cc. 805,
836; 2013, cc. 502, 583; 2015, cc. 760, 776; 2016, cc. 228, 604; 2017, cc. 699,
704; 2018, c. 461; 2020, cc. 44, 104; 2022, c. 360; 2024, cc. 438, 544.