[Code 1991, § 2-326(a)—(e)]
A. Generally. 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 negotiation as provided in this section, unless
otherwise authorized by law.
B. Procurement of professional services. Professional services shall
be procured by competitive negotiation.
C. Competitive negotiation; procurement of insurance; procurement of
construction.
(1) Upon a determination made in advance by the City Council and set
forth in writing that competitive sealed bidding is either not practicable
or not fiscally advantageous to the public, goods, services, or insurance
may be procured by competitive negotiation. The writing shall document
the basis for this determination. Upon a written determination made
in advance by the City Council that competitive negotiation is either
not practicable or not fiscally advantageous, insurance may be procured
through a licensed agent or broker selected in the manner provided
for the procurement of things other than professional services in
§ 2-262D. The basis for this determination shall be documented
in writing.
(2) Construction may be procured only by competitive sealed bidding or
construction management except that competitive negotiation, design-build
basis or construction management basis may be used in the following
instances upon a determination made in advance by the City Council
and set forth in writing that competitive sealed bidding is either
not practicable or not fiscally advantageous to the public, which
writing shall document the basis for this determination:
(a)
By the City Council for the alteration, repair, renovation or
demolition of buildings when the contract is not expected to cost
more than $500,000; or
(b)
By the City Council for the construction of highways and any
draining, dredging, excavation, grading or similar work upon real
property.
D. Sole source procurement. Upon a determination in writing that there
is only one source practicably available for that which is to be procured,
a contract may be negotiated and awarded to that source without competitive
sealed bidding or competitive negotiation, provided that all requirements
as set forth in this section are complied with. The writing shall
document the basis for this determination. The City Manager shall
issue a written notice stating that only one source was determined
to be practicably available, and identifying that which is being procured,
the contractor selected, and the date on which the contract was or
will be awarded. This notice shall be posted in a designated public
area or published in a newspaper of general circulation on the day
the City Council awards or announces its decision to award the contract,
whichever occurs first.
E. Emergency procurement. In case of emergency, a contract may be awarded
without competitive sealed bidding or competitive negotiation, provided
that all requirements as set forth in this section are complied with;
however, such procurement shall be made with such competition as is
practicable under the circumstances. A written determination of the
basis for the emergency and for the selection of the particular contractor
shall be included in the contract file. The City Manager shall issue
a written notice stating that the contract is being awarded on an
emergency basis, and identifying that which is being procured, the
contractor selected, and the date on which the contract was or will
be awarded. This notice shall be posted in a designated public area
or published in a newspaper of general circulation on the day the
City Council awards or announces its decision to award the contract,
whichever occurs first, or as soon thereafter as is practicable. An
emergency shall be deemed to exist when a breakdown in machinery or
equipment, 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 prevent loss of life or property.
F. Purchase at auction. Upon a determination made in advance by the
City Council and set forth in writing that the purchase of goods,
products or commodities from a public auction sale is in the best
interests of the public, such items may be purchased at the auction.
The writing shall document the basis for this determination.
[Code 1991, § 2-301]
Competitive sealed bidding is a method of contractor selection,
other than for professional services, which includes the following
elements:
A. Issuance of a written invitation to bid containing or incorporating
by reference the specifications and contractual terms and conditions
applicable to the procurement. Unless the City Council has provided
for prequalification of bidders, the invitation to bid shall include
a statement of any requisite qualifications of potential contractors.
When it is impractical to prepare initially a purchase description
to support an award based on prices, an invitation to bid may be issued
requesting the submission of unpriced offers to be followed by an
invitation to bid limited to those bidders whose offers have been
qualified under the criteria set forth in the first solicitation.
B. Public notice of the invitation to bid at least 10 days prior to
the date set for receipt of bids by posting in a designated public
area, or publication in a newspaper of general circulation, or both.
Public notice may also be published on appropriate Web sites. In addition,
bids may be solicited directly from potential contractors. Any additional
solicitations shall include businesses selected from a list made available
by the state department of minority business enterprise.
C. Public opening and announcement of all bids received.
D. Evaluation of bids based upon the requirements set forth in the invitation,
which may include special qualifications of potential contractors,
life-cycle costing, value analysis, and any other criteria such as
inspection, testing, quality, workmanship, delivery, and suitability
for a particular purpose, which are helpful in determining acceptability.
E. Award to the lowest responsive and responsible bidder. When the terms
and conditions of multiple awards are so provided in the invitation
to bid, awards may be made to more than one bidder.
[Code 1991, § 2-328]
No contract for the construction of any building or for an addition to or improvement of an existing building by the City Council for which state funds of $30,000 or more, 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 after competitive negotiation as provided under §
2-361C(2). The procedure for the advertising for bids or for proposals and for letting of the contract shall conform, mutatis mutandis, to this article. A person or firm who has been engaged as an architect or engineer for the same project under a separate contract shall not be eligible to bid on or submit a proposal for any such contract or to have the contract awarded to him.
[Code 1991, § 2-332; Ord. No. 02-07, 3-26-2002]
A. The City Manager may enter into contracts without competition for:
(1) The purchase of goods or services that are produced or performed
by:
(a)
Persons, or in schools or workshops, under the supervision of
the state department for the blind and vision impaired; or
(b)
Nonprofit sheltered workshops or other nonprofit organizations
that offer transitional or supported employment services serving the
handicapped.
(2) The purchase of legal services or expert witnesses or other services
associated with litigation or regulatory proceedings.
(3) Insurance or electric utility services 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 or electric utility services by use of
competitive principles and provided that the City Council 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.
(4) Any public body may enter into contracts without competitive sealed
bidding or competitive negotiation if purchased through the Virginia
Municipal League or other association of which it is a member if such
association was formed and is maintained for the purpose of promoting
the interest and welfare of and developing close relationships with
the City Council, provided such association has procured the insurance
by use of competitive principles.
B. No contract for the construction of any building or for an addition
to or improvement of an existing building by any local government
or subdivision of local government 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 after competitive
negotiation as provided under Code of Virginia, § 2.2-4303D.
The procedure for the advertising for bids or for proposals and for
letting of the contract shall conform, mutatis mutandis, to this article.
C. Contracts for certain essential election materials and services are
exempted from the requirements of Code of Virginia, § 2.2-4300
et seq., Code of Virginia, § 2.2-4303 et seq., and Code
of Virginia, § 2.2-4357 et seq., pursuant to Code of Virginia,
§ 24.2-602.
D. The industrial development authority may enter into contracts without
competition with respect to any item of cost of "authority facilities"
or "facilities" as defined in Code of Virginia, § 15.2-4902.
E. The City Manager may enter into contracts without competition for
the procurement of services to be provided for the benefit of special
service districts established by the City pursuant to Code of Virginia,
Title 15.2, ch. 24 (Code of Virginia, § 15.2-2400, et seq.).
This exemption, however, shall not apply in cases where any public
funds other than special assessments levied under Code of Virginia,
§ 15.2-2403(6) are used as payment or reimbursement for
such contracts.
[Code 1991, § 2-332(c)]
Unless otherwise provided, the City Manager 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.
[Code 1991, § 2-335]
Unless otherwise provided in the invitation to bid, the name
of a certain brand, make or manufacturer does not restrict bidders
to the specific brand, make or manufacturer named. It conveys the
general style, type, character, and quality of the article desired,
and any article which the City Council in its sole discretion determines
to be the equal of that specified, considering quality, workmanship,
economy of operation, and suitability for the purpose intended, shall
be accepted.
[Code 1991, § 2-336]
The City Manager shall establish procedures whereby comments
concerning specifications or other provisions in invitations to bid
or requests for proposals can be received and considered prior to
the time set for receipt of bids or proposals or award of the contract.
[Code 1991, § 2-337]
The City Council shall include in every contract of more than
$10,000 the following provisions:
A. During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or applicant
for employment because of race, religion, color, sex, national origin,
age, disability, or other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operation of the
contractor. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
(2) The contractor, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, will state that such contractor
is an equal opportunity employer.
(3) Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
B. The contractor will include the provisions of Subsection
A(1),
(2) and
(3) of this section in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
[Code 1991, § 2-339]
Unless canceled or rejected, a responsive bid from the lowest
responsible bidder shall be accepted as submitted, except that, if
the bid from the lowest responsible bidder exceeds available funds,
the City may negotiate with the apparent low bidder to obtain a contract
price within available funds; however, such negotiation may be undertaken
only under conditions and procedures described in writing and approved
by the City Council prior to issuance of the invitation to bid and
summarized therein.
[Code 1991, § 2-346]
No action against the surety on a performance bond required
by this article shall be brought unless within one year after:
A. Completion of the contract, including the expiration of all warranties
and guarantees; or
B. Discovery of the defect or breach of warranty that gives rise to
the action.
[Code 1991, § 2-349]
The City Manager may require bid, payment, or performance bonds
for contracts for goods or services if provided in the invitation
to bid or request for proposal.
[Code 1991, §§ 2-326(f), 2-350; amended 4-12-2016
by Ord. No. 16-12]
A. The City Manager may enter into single or term contracts without
following the requirements of this article for competitive sealed
bids or competitive negotiation for the purchase of:
[Amended 6-27-2023 by Ord. No. 23-13]
(1) Goods
and nonprofessional services and non-transportation-related construction,
if the aggregate or the sum of all phases is not expected to exceed
$200,000;
(2) Transportation-related
construction, if the aggregate or sum of all phases is not expected
to exceed $25,000; and
(3) Professional
services, if the aggregate or the sum of all phases is not expected
to exceed $80,000.
B. The City Manager shall, wherever practicable, seek competitive prices
on small purchases pursuant to this section. For the purchase of goods
in excess of $5,000, the City Manager shall secure at least three
estimates or proposals from different vendors. Written quotations
from vendors shall be obtained, where practicable, although verbal
quotations will be permitted, provided the City Manager causes a written
record of all such verbal quotations to be made and filed with the
records of the transaction.
[Code 1991, § 2-351]
The following transactions are hereby exempt from the provisions
of this article:
A. Purchases from the state penitentiary or state contracts from the
state purchasing department warehouse.
B. Legal and other services associated with actual or potential litigation.
C. Purchases for special police work when the Chief of Police certifies
to the City Manager that items are needed for undercover police operations.