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Chapter 5 - Ethics in Public Procurement

5.3 Additional statutory prohibitions regarding contributions and gifts

5.3.3 Contributions and gifts prohibited during procurement process

§ 2.2-4376.1. of the Code of Virginia states: "No bidder or offeror who has submitted a bid or proposal to an executive branch agency that is directly responsible to the Governor for the award of a public contract pursuant to this chapter, and no individual who is an officer or director of such a bidder or offeror, shall knowingly provide a contribution, gift, or other item with a value greater than $50 or make an express or implied promise to make such a contribution or gift to the Governor, his political action committee, or the Governor's Secretaries, if the Secretary is responsible to the Governor for an executive branch agency with jurisdiction over the matters at issue, during the period between the submission of the bid and the award of the public contract under this chapter. The provisions of this section shall apply only for public contracts where the stated or expected value of the contract is $5 million or more. The provisions of this section shall not apply to contracts awarded as the result of competitive sealed bidding." Any supplier or person who knowingly violates this requirement is subject to a civil penalty of $500 or up to two times the amount of the contribution or gift, whichever is greater. Civil proceedings for any violation will be initiated by the Commonwealth's attorney. A person who willfully violates this and is convicted will be guilty of a Class 1 misdemeanor. A convicted public employee will have to forfeit his or her employment with the Commonwealth and is subject to other fines or penalties provided by law.

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