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HB 2150

Virginia Public Procurement Act; contract terms inconsistent with Virginia law.

2025 Regular Session Introduced by Betsy Carr

Virginia voids all state contract terms conflicting with state law, effective July 1, 2025, strengthening procurement alignment with legal requirements.

Acts of Assembly Chapter text (CHAP0027)
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Bill Summary · HB 2150

Legislative bill overview

HB 2150 amends Virginia's Public Procurement Act to prohibit state contracts from including terms that conflict with or undermine Virginia law. The bill establishes that any contractual provisions inconsistent with state law are void and unenforceable, ensuring procurement agreements align with the Commonwealth's legal framework.

Why is this important

This legislation addresses a practical problem where vendors or contractors sometimes impose terms in state contracts that contradict Virginia law, potentially exposing the state to legal vulnerability or forcing agencies into compliance conflicts. By clarifying that such provisions are automatically void, the bill strengthens the state's negotiating position and prevents contractors from using contract language to circumvent statutory requirements.

Potential points of contention

  • Contractor concerns: Vendors may worry this limits their ability to include standard protective clauses, particularly regarding indemnification, liability limitations, or dispute resolution mechanisms that might technically conflict with broad state law interpretations
  • Implementation ambiguity: The bill doesn't specify which Virginia laws take precedence (constitutional, statutory, regulatory) or how agencies should determine "inconsistency," potentially creating dispute resolution burdens
  • Retroactive application uncertainty: Questions remain about whether the law applies to existing contracts or only new procurements executed after July 1, 2025

Compiled from official sources — confirm details with the bill’s official record.

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