2.2-3104.01 - Prohibited conduct; bids or proposals under the Virginia Public Procurement Act, Public-Private Transportation Act, and Public-Private Education Facilities and Infrastructure Act.
§ 2.2-3104.01. Prohibited conduct; bids or proposals under the VirginiaPublic Procurement Act, Public-Private Transportation Act, and Public-PrivateEducation Facilities and Infrastructure Act.
A. Neither the Governor, his political action committee, or the Governor'sSecretaries, if the Secretary is responsible to the Governor for an agencywith jurisdiction over the matters at issue, shall knowingly solicit oraccept a contribution, gift, or other item with a value greater than $50 fromany bidder, offeror, or private entity, or from an officer or director ofsuch bidder, offeror, or private entity, who has submitted a bid or proposalpursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.), thePublic-Private Transportation Act of 1995 (§ 56-556 et seq.), or thePublic-Private Education Facilities and Infrastructure Act of 2002 (§56-575.1 et seq.) (i) during the period between the submission of the bid andthe award of the public contract under the Virginia Public Procurement Act or(ii) following the submission of a proposal under the Public-PrivateTransportation Act of 1995 or the Public-Private Education Facilities andInfrastructure Act of 2002 until the execution of a comprehensive agreementthereunder.
B. The provisions of this section shall apply only for public contracts,proposals, or comprehensive agreements where the stated or expected value ofthe contract is $5 million or more. The provisions of this section shall notapply to contracts awarded as the result of competitive sealed bidding asdefined in § 2.2-4301.
C. Any person who violates this section shall be subject to a civil penaltyof $500 or up to two times the amount of the contribution or gift, whicheveris greater. The attorney for the Commonwealth shall initiate civilproceedings to enforce the civil penalties. Any civil penalties collectedshall be payable to the State Treasurer for deposit to the general fund.
(2010, c. 732.)