All public contracts with nongovernmental contractors
for the purchase or lease of goods or for the purchase of services,
insurance or construction shall be awarded after competitive sealed
bidding or competitive negotiations as provided in this article, unless
otherwise authorized by law.
[1]
Editor's Note: See Virginia Code § 2.2-4303.
No contract for the construction of any building
or for an addition to or improvement of an existing building, for
which state funds of not more than $30,000 in the aggregate or for
the sum of all phases of a contract or project either by appropriation,
grant-in-aid or loan, are used or are to be used for all or part of
the cost of construction, shall be let except after competitive sealed
bidding or competitive negotiation. The procedure for advertising
for bids or proposals and for letting the contract shall conform,
mutatis mutandis, to this policy. No person shall be eligible to bid
on, or submit a proposal for, any such contract, nor to have the same
awarded to him, if he has been engaged as an architect or engineer
for the same project under a separate contract.
[1]
Editor's Note: See Virginia Code § 2.2-4305.
An invitation for bids, a request for proposal,
any other solicitation, or any and all bids or proposals may be canceled
or rejected, in whole or in part, when the County determines that
it is in its best interest to do so. The reasons for such action shall
be made a part of the record in the matter. The County shall not cancel
or reject an invitation to bid, a request for proposal, any other
solicitation, bid or proposal pursuant to this section solely to avoid
awarding a contract to a particular bidder or offeror.
[1]
Editor's Note: See Virginia Code § 2.2-4319.
The following transactions are hereby exempt
from the competitive procurement requirements of this article:
A.
The County may enter into contracts without competition
for the purchase of goods or services:
(1)
Which are performed or produced by persons, or in
schools or workshops, under the supervision of the Virginia Department
for the Blind and Vision Impaired; or
(2)
Which are performed or produced by nonprofit sheltered
workshops or other nonprofit organizations which offer transitional
or supported employment services serving the handicapped.
C.
The County may extend the term of an existing contract
for services to allow completion of any work undertaken but not completed
during the original term of the contract.
D.
The County may, if administering public assistance
programs as defined in Virginia Code § 63.1-87, the fuel
assistance program and community services under the Comprehensive
Services Act for At-Risk Youth and Families (§ 2.2-5200
et seq. of the Code of Virginia), procure goods or personal services
for direct use by the recipients of such programs without competitive
sealed bidding or competitive negotiations if the procurement is made
for an individual recipient.
E.
The County may enter into contracts without competitive
sealed bidding or competitive negotiation for insurance if purchased
through an association of which it is a member if the association
was formed and is maintained for the purpose of promoting the interest
and welfare of and developing close relationships with similar public
bodies, provided such association has procured the insurance by use
of competitive principles and provided that the County has made a
determination in advance after reasonable notice to the public and
set forth in writing that competitive sealed bidding and competitive
negotiation are not fiscally advantageous to the public. The writing
shall document the basis for this determination.
[1]
Editor's Note: See Virginia Code §§ 2.2-4344
and 2.2-4345.
A.
A contract may be awarded without competition when
the County determines, in writing, after conducting a good faith review
of available sources, that there is only one source for the required
goods, services, insurance or construction items. The purchasing agent
shall conduct negotiations, as appropriate, as to price, delivery
and terms. A record of sole source procurements shall be maintained
that lists each contractor's name, the amount and type of each contract,
a listing of the items procured under each contract and the identification
number of each contract file.
B.
Where proprietary or patent rights exist and only
one source is available for a required item or service, the requirement
for competitive procurement may be waived. Documentation of the sole
procurement shall be maintained in accordance with this section.
[1]
Editor's Note: See Virginia Code § 2.2-4303E.
A.
For the purposes of this section, an emergency shall
be deemed to exist when a break-down in machinery or equipment or
a threatened termination of essential services or a dangerous condition
develops, or when any unforeseen circumstances arise causing curtailment
or diminution of an essential service, or where materials or services
are needed to protect the health of citizens, to prevent the loss
of life or the loss of property.
[Amended 2-9-2015]
B.
In case of emergency, purchases may be made in accord
with this section, without competitive sealed bidding or competitive
negotiation.
C.
If an emergency occurs during regular business hours,
the using department or member of the Board of Supervisors shall immediately
notify the purchasing agent who, after consultation with the County
Attorney, shall either purchase the required supplies or contractual
services or authorize the department or member of the Board of Supervisors
to do so.
[Amended 2-9-2015]
D.
If an emergency occurs at times other than regular
business hours, the using department or member of the Board of Supervisors
may purchase directly the required goods or contractual services.
The department or member of the Board of Supervisors shall, however,
whenever practicable, secure competitive telephone bids and order
delivery to be made by the lowest responsible bidder. The department
or member of the Board of Supervisors shall also, not later than the
next regular business day thereafter, submit to the purchasing agent
a requisition, a tabulation of bids received, if any, a copy of the
delivery record and a brief written explanation of the circumstances
of the emergency and follow other procedures as may be set forth by
the purchasing agent.
[Amended 2-9-2015]
[1]
Editor's Note: See Virginia Code § 2.2-4303F.
