How to sell to Virginia counties

Virginia has 95 counties. Its 38 independent cities are separate from counties. Counties buy under the Virginia Public Procurement Act (VPPA, Code of Virginia 2.2-4300 et seq.), which covers political subdivisions (2.2-4301). One twist: a county board may adopt its own procurement policies "based on competitive principles" and step out of most of the VPPA. Those counties still follow key sections on bonds, retainage, cooperative buying and professional services over $80,000 (2.2-4343). The statute does not list which counties have done this, so read the county's procurement rules.

At a glance

Who buys

Most counties are governed by an elected board of supervisors. Most have a procurement or purchasing office that runs bids and requests for proposals. A board may adopt alternative procurement policies by ordinance or resolution, and those counties remain bound by the VPPA sections listed in 2.2-4343(A)(12), including bonds, retainage, cooperative procurement and professional services over $80,000 (2.2-4343).

Goods and services

Goods, nonprofessional services and insurance are bought by competitive sealed bidding or competitive negotiation (2.2-4303(C)). A county may adopt written small purchase procedures for contracts not expected to exceed:

The procedures must provide for competition wherever practicable. The statute sets no number of quotes; each county's procedures do (2.2-4303(G)). Localities are encouraged, not required, to post informal solicitations on eVA, the state's procurement website.

Construction and public works

Construction is generally bought by competitive sealed bidding, with exceptions for design-build, construction management and some highway work (2.2-4303(D)).

• Bid bond: on non-transportation construction over $500,000, or state-funded transportation work over $350,000, a bid bond of no more than 5% of the bid. If the low bidder withdraws, forfeiture is limited to the lesser of the gap to the next low bid or the bond amount (2.2-4336).
• Performance and payment bonds: on the same contracts, each equal to 100% of the contract amount (2.2-4337).

Counties may require bonds on smaller projects. For indefinite delivery contracts, a county may by ordinance base bonds on each task order. See bid bond, performance bond and payment bond.

Notice and award

Sealed bids (2.2-4302.1):

• The Invitation to Bid is publicly posted at least 10 days before bids are due. State agencies post on eVA; localities are encouraged to, and may also publish in a newspaper.
• Bids are opened and announced in public.
• The contract goes to the lowest responsive and responsible bidder, and the bid may allow multiple awards. Localities may set responsibility criteria such as safety training, apprenticeship and legal compliance.

Competitive negotiation (RFPs) (2.2-4302.2):

• Notice runs at least 10 days before proposals are due. A locality that does not publish in a newspaper must post on the state's website.
• The county negotiates with two or more qualified offerors. Price must be considered but need not be the main factor, and award is on best value.

Counties must offer a way to submit bids and proposals electronically (2.2-4303(A)).

Prevailing wage

Prevailing wage is a local option. A county may adopt an ordinance requiring prevailing wages on public works contracts paid in whole or part with county funds. The state requirement is mandatory only for state agencies. A local ordinance does not apply to contracts of $250,000 or less. Violators owe back wages plus 8% interest and are barred until they pay (2.2-4321.3). Ask whether the county has an ordinance.

Getting paid

• Prompt payment: unless the contract says otherwise, a county pays within 45 days after receiving the goods or services or the invoice, whichever is later. It must tell you of any defect within 20 days. Late payment finance charges are limited to 1% a month (2.2-4352). This section is not on the list that binds counties with alternative policies, so check those counties' terms.
• Retainage: on construction, no more than 5% may be withheld from progress payments, and the same cap flows to subcontracts (2.2-4333). On contracts of $200,000 or more for roads, bridges, utility lines and site work, counties must offer an escrow option for retainage (2.2-4334). A release deadline after substantial completion was not confirmed; check the contract.

Cooperative purchasing and state contracts

A county may buy from another public body's contract, including state contracts, if the original solicitation said it was cooperative. This does not cover architecture and engineering services or construction, with exceptions such as artificial turf and tracks, stream restoration, stormwater, playground installation and certain roofing. Counties may also buy goods and nonprofessional services from federal GSA contracts when the contract allows (2.2-4304). See cooperative purchasing.

Preferences and required certifications

• Tie bids: go to Virginia-produced goods, then U.S.-produced goods, then lot, with a recycled-content tiebreaker. A version effective July 1, 2028 changes the tie preference to Virginia goods and Virginia firms (2.2-4324).
• E-Verify: required on state agency contracts over $50,000 with employers averaging more than 50 employees. Localities are not mentioned (2.2-4308.2).
• Local, reciprocal or veteran preferences and divestment forms: not confirmed for counties; check the solicitation.

Architects and engineers

Professional services, including architecture and engineering, use competitive negotiation. The RFP may not ask for cost or man-hour estimates. The county ranks offerors on qualifications and negotiates with the top-ranked firm first (2.2-4302.2(A)(4)). This applies even in counties with alternative policies when the cost exceeds $80,000 (2.2-4343(A)(12)). Small purchase procedures may cover professional services up to $80,000 (2.2-4303(G)). See qualifications-based selection.

Recent changes

• 2026: Amendments to the prevailing wage section, 2.2-4321.3; details were not separated in our notes.
• July 1, 2027: Section 2.2-4302.3 is added to the VPPA sections that bind counties with alternative policies (2.2-4343).
• July 1, 2028: Tie-bid preference changes to Virginia goods and Virginia firms (2.2-4324).

Practical tips for Virginia

• Ask about the county's small purchase procedures. Many purchases under $200,000 use quotes, not formal bids.
• Check whether the county has alternative procurement policies under 2.2-4343; its own rules then apply.
• Ask if the county has a prevailing wage ordinance before pricing public works over $250,000.
• Watch eVA and the county's own site for postings, and board of supervisors agendas for awards.
• Check Virginia counties for each county's bid platform, contacts and agendas.