[Code 1991, § 2-301]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The overall combination of quality, price, and various elements
of required services that in total are optimal relative to the City
Council's needs.
A specification limited to one or more items by manufacturers'
names or catalogue numbers to describe the standard of quality, performance,
and other salient characteristics needed to meet City requirements
and which provides for the submission of equivalent products.
A written order, signed and unilaterally issued by the City
Manager, directing the contractor to make changes which the changes
clause of the contract authorizes the City Manager to order without
the consent of the contractor.
A method of contractor selection which includes the elements in § 2-362.
A method of contractor selection which includes the elements in § 2-363.
Building, altering, repairing, improving, or demolishing
any structure, building or highway, and any draining, dredging, excavation,
grading, or similar work upon real property.
A contract in which a party is retained by the owner to coordinate
and administer contracts for construction services for the benefit
of the owner, and may also include, if provided in the contract, the
furnishing of construction services to the owner.
All types of City agreements, regardless of what they may
be called, for the procurement of goods, services, insurance, or construction.
A contract between the City Council and another party in
which the party contracting with the City Council agrees to both design
and build the structure, roadway or other item specified in the contract.
An individual drawing a salary or wages from the City whether
elected or not; any uncompensated individual performing personal services
for the City or any department, agency, commission, City Council,
board or any other entity established by the executive or legislative
branch of the City; and any uncompensated individual serving as an
elected official of the City.
All material, equipment, supplies, printing and automated
data processing hardware and software.
The City Council and its committees and subcommittees.
A minor defect or variation of a bid or proposal from the
exact requirements of the invitation to bid, or the request for proposal,
which does not affect the price, quality, quantity or delivery schedule
for the goods, services or construction being procured.
A contract for the providing of professional services where
the total scope of work of the second or subsequent phase of the contract
cannot be specified without the results of the first or prior phase
of the contract.
Any services not specifically identified as professional
services in the definition of "professional services" in this section.
For the purposes of § 2-434 and Code of Virginia, § 2.2-4364, means a person who, at the time the City Council negotiates and awards or proposes to award a contract, is engaged in the sale or lease of goods, or the sale of services, insurance or construction, of the type to be procured under the contract, and who at such time is eligible and qualified in all respects to perform that contract, and who would have been eligible and qualified to submit a bid or proposal had the contract been procured through competitive bidding.
Work performed by an independent contractor within the scope
of the practice of accounting, architecture, land surveying, landscape
architecture, law, medicine, optometry, pharmacy or professional engineering.
Any legislative, executive or judicial body, agency, office,
department, authority, post, commission, committee, institution, board
or political subdivision created by law to exercise some sovereign
power or to perform some governmental duty, and empowered by law to
undertake the activities described in this article.
An agreement between the City Council and a nongovernment
source that is enforceable in a court of law.
All documents, whether attached or incorporated by reference,
utilized for soliciting proposals.
A person who has the capability, in all respects, to perform
fully the contract requirements and the moral and business integrity
and reliability which will ensure good faith performance, and who
has been prequalified, if required.
A person who has submitted a bid which conforms in all material
respects to the invitation to bid.
Any work performed by an independent contractor wherein the
service rendered does not consist primarily of acquisition of equipment
or materials, or the rental of equipment, materials and supplies.
A work-oriented rehabilitative facility with a controlled
working environment and individual goals which utilizes work experience
and related services for assisting the handicapped person to progress
toward normal living and a productive vocational status.
[Code 1991, § 2-302]
A.
The purpose of this article is to increase public confidence in purchasing
by the City, to encourage competition in public purchasing among vendors
or contractors, to administer fairly and equitably purchasing policies
among bidders and to obtain high quality goods and services at the
lowest possible price.
B.
This article applies to contracts for the procurement of goods, services,
insurance and construction entered into by the City involving every
expenditure for public purchasing irrespective of its source. When
the procurement involves the expenditure of federal assistance or
contract funds, the procurements shall be conducted in accordance
with any applicable mandatory federal laws and regulations which are
not reflected in this article. Nothing in this article shall prevent
any public agency from complying with the terms and conditions of
any grant, gift, or bequest which are otherwise consistent with the
law.
[Code 1991, § 2-303]
Any public body in the City may participate in, sponsor, conduct
or administer a cooperative procurement agreement with one or more
other public bodies, or agencies of the United States, for the purpose
of combining requirements to increase efficiency or reduce administrative
expenses. Any such public body which enters into a cooperative procurement
agreement with a county, City or town whose governing body has adopted
alternative policies and procedures pursuant to Code of Virginia,
§ 2.2-4343A(9) or 2.2-4343A(10) shall determine by written
agreement with such other public body or agency whether the requirements
of this article or the alternative policies and procedures adopted
by the governing body of such other county, City or town shall apply.
[Code 1991, § 2-304]
The City Manager shall establish programs consistent with all
provisions of this article to facilitate the participation of small
businesses and businesses owned by women and minorities in procurement
transactions. Such programs shall be in writing, and may include cooperation
with the state office of minority business enterprises, the United
States Small Business Administration or other public or private agencies.
[Code 1991, §§ 2-305, 2-331]
In the solicitation or awarding of contracts, the City shall
not discriminate because of the race, religion, color, sex, or national
origin of the bidder or offeror.
