A.
Except in cases of emergency, all bids or proposals for (1) non-transportation-related construction contracts in excess of $500,000; or (2) transportation-related construction contracts authorized under Code of Virginia, § 33.2-208 et seq., in excess of $250,000 and partially or fully funded by the Commonwealth of Virginia shall be accompanied by a bid bond from a surety company selected by the bidder that is authorized to do business in Virginia, as a guarantee that if the contract is awarded to the bidder, the bidder will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed 5% of the bid amount.
B.
For non-transportation-related construction contracts in excess of $100,000 but less than $500,000, prospective contractors shall be prequalified for each individual project in accordance with § 38A-4.2 if bid bond requirements are waived.
D.
Nothing in this section shall preclude the Purchasing Agent from requiring bid bonds to accompany bids or proposals for construction contracts anticipated to be less than $500,000 for non-transportation-related projects of $250,000 authorized under Code of Virginia, § 33.2-208 et seq., in excess of $250,000 and partially or fully funded by the Commonwealth of Virginia.