[Code 1991, § 2-416]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A spouse, children, parents, brothers and sisters, and any
other person living in the same household as the employee.
Administrative or operating authority, whether intermediate
or final, to initiate, approve, disapprove or otherwise affect a procurement
transaction, or any claim resulting therefrom.
A personal interest in a contract as defined in the State
and Local Government Conflict of Interests Act, Code of Virginia,
§ 2.2-3100 et seq.
All functions that pertain to the obtaining of any goods,
services or construction, including description of requirements, selection
and solicitation of sources, preparation and award of contract, and
all phases of contract administration.
Any person employed by a public body, including elected officials
or appointed members of governing bodies.
Any person convicted of a willful violation of any provision
of this division shall be guilty of a Class 1 misdemeanor. Upon conviction,
any public employee, in addition to any other fine or penalty provided
by law, shall forfeit his employment.
[Code 1991, § 2-418]
The provisions of this division supplement, but do not supersede,
other provisions of law, including, but not limited to, the State
and Local Government Conflict of Interests Act, Code of Virginia,
§ 2.2-3100 et seq., the Virginia Governmental Frauds Act,
Code of Virginia, § 18.2-498.1 et seq., Code of Virginia,
§ 18.2-438 et seq., and Code of Virginia, § 18.2-446
et seq. The provisions of this division apply notwithstanding the
fact that the conduct described may not constitute a violation of
the State and Local Government Conflict of Interests Act.
[Code 1991, § 2-419]
Except as may be specifically allowed by provisions of the State
and Local Government Conflict of Interests Act, Code of Virginia,
§ 2.2-3112 et seq., no public employee having official responsibility
for a procurement transaction shall participate in that transaction
on behalf of the City Council when the employee knows that:
A.
The employee is contemporaneously employed by a bidder, offeror or
contractor involved in the procurement transaction;
B.
The employee, the employee's partner, or any member of the employee's
immediate family holds a position with a bidder, offeror or contractor
such as an officer, Director, trustee, partner or the like, or is
employed in a capacity involving personal and substantial participation
in the procurement transaction, or owns or controls an interest of
more than 5%;
C.
The employee, the employee's partner, or any member of the employee's
immediate family has a pecuniary interest arising from the procurement
transaction; or
D.
The employee, the employee's partner, or any member of the employee's
immediate family is negotiating, or has an arrangement concerning,
prospective employment with a bidder, offeror, or contractor.
[Code 1991, §§ 2-420, 2-422]
A.
No public employee having official responsibility for a procurement
transaction shall solicit, demand, accept, or agree to accept from
a bidder, offeror, contractor or subcontractor any payment, loan,
subscription, advance, deposit of money, services or anything of more
than nominal or minimal value, present or promised, unless consideration
of substantially equal or greater value is exchanged. The public body
may recover the value of anything conveyed in violation of this section.
B.
No bidder, offeror, contractor or subcontractor shall confer upon
any public employee having official responsibility for a procurement
transaction any payment, loan, subscription, advance, deposit of money,
services or anything of more than nominal value, present or promised,
unless consideration of substantially equal or greater value is exchanged.
[Code 1991, § 2-421]
No public employee or former public employee having official
responsibility for procurement transactions shall accept employment
with any bidder, offeror, or contractor with whom the employee or
former employee dealt in an official capacity concerning procurement
transactions for a period of one year from the cessation of employment
by the public body unless the employee or former employee provides
written notification to the City Council or its designee prior to
the commencement of employment by that bidder, offeror or contractor.
[Code 1991, § 2-422]
No bidder, offeror, contractor, or subcontractor shall confer
upon any public employee having official responsibility for a procurement
transaction, any payment, loan, subscription, advance, deposit of
money, services, or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value
is exchanged.
[Code 1991, § 2-423]
A.
No contractor or subcontractor shall demand or receive from any of
his suppliers or his subcontractors, as an inducement for the award
of a subcontract or order, any payment, loan, subscription, advance,
deposit of money, services or anything, present or promised, unless
consideration of substantially equal or greater value is exchanged.
B.
No subcontractor or supplier shall make, or offer to make, kickbacks
as described in this section.
C.
No person shall demand or receive any payment, loan, subscription,
advance, deposit of money, services or anything of value in return
for an agreement not to compete on a public contract.
D.
If a subcontractor or supplier makes a kickback or other prohibited
payment as described in this section, the amount thereof shall be
conclusively presumed to have been included in the price of the subcontract
or order and ultimately borne by the City Council and will be recoverable
from both the maker and recipient. Recovery from one offending party
shall not preclude recovery from other offending parties.
[Code 1991, § 2-424]
A.
No building materials, supplies or equipment for any building or
structure constructed by or for the City Council shall be sold by
or purchased from any person employed as an independent contractor
by the City Council to furnish architectural or engineering services,
but not construction, for such building or structure or from any partnership,
association or corporation in which such architect or engineer has
a personal interest as defined in Code of Virginia, § 2.2-3101.
B.
No building materials, supplies or equipment for any building or
structure constructed by or for the City Council shall be sold by
or purchased from any person who has provided or is currently providing
design services specifying a sole source for such materials, supplies
or equipment to be used in the building or structure to the independent
contractor employed by the City Council to furnish architectural or
engineering services in which such person has a personal interest
as defined in Code of Virginia, § 2.2-3101.
No person who, for compensation, prepares an invitation to bid
or request for proposal for or on behalf of the City Council shall
submit a bid or proposal for that procurement or any portion thereof,
or disclose to any bidder or offeror information concerning the procurement
that is not available to the public. However, the City Council may
permit such person to submit a bid or proposal for that procurement
or any portion thereof if the City Council determines that the exclusion
of the person would limit the number of potential qualified bidders
or offerors in a manner contrary to the best interests of the City
Council.
A.
The City Council may require public employees having official responsibility
for procurement transactions in which they participated to annually
submit for such transactions a written certification that they complied
with the provisions of this division.
No public employee having official responsibility for a procurement
transaction shall knowingly falsify, conceal, or misrepresent a material
fact; knowingly make any false, fictitious or fraudulent statements
or representations; or make or use any false writing or document knowing
it to contain any false, fictitious or fraudulent statement or entry.
