Virginia
Virginia's Public Procurement Act (§2.2-4304) authorizes joint and cooperative procurement, but distinguishes carefully between joint procurement agreements (which may include construction) and purchases from another public body's contract — the latter of which expressly excludes architectural/engineering services and construction, with narrow exceptions.
Joint and Cooperative Procurement — Virginia Public Procurement Act Va. Code §2.2-4304
"Any public body may participate in, sponsor, conduct, or administer a joint procurement agreement on behalf of or in conjunction with one or more other public bodies, or public agencies or institutions or localities of the several states, of the United States or its territories, the District of Columbia, the U.S. General Services Administration, or the Metropolitan Washington Council of Governments, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods, services, or construction."
— Va. Code §2.2-4304, Joint and Cooperative Procurement — Virginia Public Procurement Act
Plain-language summary
Virginia's cooperative procurement framework operates in two distinct modes under §2.2-4304. Subsection A permits joint procurement agreements — where public bodies participate together in a single solicitation — and explicitly includes goods, services, or construction. Subsection B addresses the more common scenario of one public body purchasing from another public body's contract without having participated in the original solicitation. This pathway is permitted ONLY if the original solicitation specified that it was being conducted on behalf of other public bodies, AND it expressly excludes (1) contracts for architectural or engineering services and (2) construction — except for four narrow exceptions: (i) the installation of artificial turf and track surfaces, (ii) stream restoration, (iii) stormwater management practices, and (iv) playground equipment installation. This is one of the most restrictive frameworks in the country for cooperative construction procurement.
Key requirements
- →Under §2.2-4304(A) joint procurement: a formal joint procurement agreement must exist with one or more other public bodies; this pathway permits goods, services, or construction.
- →Under §2.2-4304(B) cooperative purchasing from another public body's contract: the original request for proposal or invitation to bid must have specified that the procurement was being conducted on behalf of other public bodies.
- →Subsection B explicitly EXCLUDES contracts for architectural or engineering services and construction (with the four narrow exceptions noted below).
- →Exceptions to the construction prohibition apply ONLY to: (i) artificial turf and track surfaces, (ii) stream restoration, (iii) stormwater management practices, and (iv) playground equipment installation.
- →State agencies cooperatively purchasing from another Commonwealth contract may need approval by the Director of the Division of Purchases and Supply (and by the CIO for IT/telecommunications).
- →Local governments may also act under Title 15.2, Chapter 13 (Joint Actions by Localities), particularly §15.2-1300 (Joint exercise of powers).
Construction services
Virginia's framework for cooperative construction procurement is one of the most restrictive in the country and requires careful structure. The key distinction: §2.2-4304(A) joint procurement explicitly permits construction, BUT §2.2-4304(B) — the more common pathway used by national cooperatives like OMNIA Partners and Region 14 ESC — expressly PROHIBITS cooperative purchase of construction from another public body's contract, with only four narrow exceptions (artificial turf/track, stream restoration, stormwater management, and playground equipment). This means a Virginia public body generally CANNOT use a standard out-of-state cooperative purchasing contract to procure traditional construction services. Virginia agencies seeking construction through cooperative purchasing must either (1) qualify under one of the four narrow exceptions, (2) structure the procurement as a joint procurement agreement under subsection A, or (3) use a different procurement method altogether (such as competitive bidding under §2.2-4303). This is a critical state-specific limitation that prospects and procurement officers must understand.
How Virginia agencies access our contracts.
LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in Virginia under Va. Code §2.2-4304.
Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.
Talk to LNC About Your Project →This summary is provided for general informational purposes only and is not legal advice. Virginia's procurement code may have been amended since this content was prepared. Confirm the current text of Va. Code §2.2-4304 and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.