Public Procurement and PPEA

Hefty Wiley & Gore advises local governments on Virginia’s Public Procurement Act and how to purchase goods and services to ensure that competition exists in a fair and impartial manner with the avoidance of any impropriety.

Our vast experience representing local governments means that our attorneys have worked on hundreds of contracts on behalf of localities and on projects totaling over hundreds of millions of dollars. We assist our clients with the preparation of bid packages and proposal requests, drafting contractual terms and conditions, and the negotiation and award of contracts. Attorney William Hefty is a recognized as an expert on the Virginia Public Procurement Act and frequently lectures to local and state public officials on legal issues related to the VPPA.

Among the procurement services we provide are:

  • Procurement Policy Drafting and Review
  • Contract Drafting and Negotiation
  • Special Terms and General Conditions
  • Prepare and Review of Requests for Proposals and Invitations to Bid (RFP IFB)
  • Assistance with interviewing and selecting winning bid/proposal
  • Defending against procurement challenges and protests
  • Serving as neutral arbitrator for protest hearings.


The Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) gives local governments the flexibility to procure design-build construction projects and partner with private sector companies. Design-build construction projects integrate the design and construction phases of a project in contrast to traditional design-bid-build projects, which require the public body to contract separately with an and architect and a construction company. Since the enactment of the PPEA, design-build project delivery continues to become a competitive method of procuring public construction projects in Virginia.

Our attorneys have the necessary experience and expertise with PPEA projects to help governments and private companies partner together and achieve cost effective and timely design-build construction projects. Our recent PPEA experience includes representing the Meherrin River Regional Jail on a $50 million design-build construction project and representing the City of Petersburg on two design-build water sewer pump station projects totaling over $5 million.

Our services related to PPEA include:

  • Drafting and Adopting the required local guidelines
  • Preparing Requests for Proposals
  • Assisting with interviewing and awarding contracts
  • Drafting and negotiating contracts
  • Advising on legal liabilities involved in design-build contracts