                                 CODE OF VIRGINIA

PURPOSE; APPLICABILITY (§ 2.2-4378)

A. The purpose of this chapter is to enunciate the public policies pertaining to
governmental procurement of construction utilizing the construction management
and design-build procurement methods. A design-bid-build project delivery method
that utilizes competitive sealed bidding is the default method of procurement
for construction. Notwithstanding any other provision of law, the Commonwealth
may enter into contracts on a fixed price design-build basis or construction
management basis in accordance with the provisions of this chapter and &#xA7;
2.2-1502.

B. Except as provided in subsection C, this chapter shall apply regardless of
the source of financing, whether it is general fund, nongeneral fund, federal
trust fund, state debt, or institutional debt.

C. The following shall be exempt from the provisions of this chapter:

   1. Projects of a covered institution that are to be funded exclusively by a
   foundation that (i) exists for the primary purpose of supporting the covered
   institution and (ii) is exempt from taxation under &#xA7; 501(c)(3) of the
   Internal Revenue Code; and

   2. Transportation construction projects procured and awarded by the
   Commonwealth Transportation Board pursuant to subsection B of &#xA7; 33.2-209.

D. The provisions of this chapter shall supplement the provisions of the
Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.), which provisions
shall remain applicable. In the event of any conflict between this chapter and
the Virginia Public Procurement Act (&#xA7; 2.2-4300 et seq.), the Restructured
Higher Education Financial and Administrative Operations Act of 2005 (&#xA7;
23.1-1000 et seq.), or any other provision of law, this chapter shall control.

HISTORY: 2017, cc. 699, 704; 2024, cc. 469, 490.