Virginia Law

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Chapter 43.

Virginia Public Procurement Act General Provisions Short title; purpose; declaration of intent Definitions Implementation Process for competitive sealed bidding Process for competitive negotiation Contract Formation and Administration (Effective until January 1, 2025) Methods of procurement (Effective January 1, 2025) Methods of procurement High-risk contracts; definition; review Architectural and professional engineering term contracting; limitations Job order contracting; limitations Joint and cooperative procurement Competitive procurement by localities on state-aid projects Purchase of owner-controlled insurance in construction projects Registration and use of federal employment eligibility verification program required; debarment Modification of the contract

Discrimination prohibited; participation of small, women-owned, minority-owned, and service disabled veteran-owned businesses and employment services organizations

Awards as a result of any authorized enhancement or remedial measure; requirements Executive branch agency's goals for participation by small businesses; requirements Fiscal data pertaining to certain enhancement or remedial measures Employment discrimination by contractor prohibited; required contract provisions

Compliance with federal, state, and local laws and federal immigration law; required contract provisions

Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth

Drug-free workplace to be maintained by contractor; required contract provisions Petition for recycled goods and products; periodic review of procurement standards Petition for procurement of less toxic goods and products; periodic review of procurement standards Use of brand names Comments concerning specifications Prequalification generally; prequalification for construction Negotiation with lowest responsible bidder Cancellation, rejection of bids; waiver of informalities Exclusion of insurance bids prohibited Prohibited contracts; exceptions; determination by Department of Taxation; appeal; remedies Public works contracts; project labor agreements authorized Payment of prevailing wage for work performed on public works contracts; penalty Acceptance of bids submitted to the Department of Transportation Purchase programs for recycled goods; agency responsibilities Purchase of flags of the United States and the Commonwealth by public bodies (Effective until July 1, 2027) Preference for Virginia goods, U.S. goods, and Virginia residents

(Effective July 1, 2027) Preference for Virginia products with recycled content and for Virginia firms

Preference for Virginia coal used in state facilities Preference for recycled paper and paper products used by state agencies Preference for community reinvestment activities in contracts for investment of funds Preference for local products and firms; applicability Preference for energy-efficient and water-efficient goods Purchase of personal protective equipment by state agencies Energy forward pricing mechanisms Withdrawal of bid due to error Contract pricing arrangements Workers' compensation requirements for construction contractors and subcontractors Retainage on construction contracts

Deposit of certain retained funds on certain contracts with local governments; penalty for failure to timely complete

Public construction contract provisions barring damages for unreasonable delays declared void Bid bonds; construction contracts Performance and payment bonds Alternative forms of security Bonds on other than construction contracts Action on performance bond Statute of limitations on construction contracts Statute of limitations on architectural and engineering contracts Actions on payment bonds; waiver of right to sue Public inspection of certain records Exemptions and Limitations

(Effective until date pursuant to Acts 2023, cc. 756 and 778, cl. 5) Exemption from operation of chapter for certain transactions

(Effective pursuant to Acts 2023, cc. 756 and 778, cl. 5) Exemption from operation of chapter for certain transactions

Permitted contracts with certain religious organizations; purpose; limitations Exemptions from competition for certain transactions

(Effective until date pursuant to Acts 2023, cc. 756 and 778, cl. 5) Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations

(Effective pursuant to Acts 2023, cc. 756 and 778, cl. 5) Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations