These provisions shall collectively be the procurement policy for Warren County (the "County").
This policy is intended to provide County officials and employees with information and guidelines for the procurement of goods and services on behalf of the County. The purpose of this policy is to increase public confidence in purchasing by the County, to encourage competition among vendors and contractors, to administer fair and impartial purchasing procedures, and to obtain high-quality goods and services at a reasonable price.
A.
This policy applies to the procurement of goods, services, insurance and construction by the County from nongovernmental sources.
B.
When a procurement transaction involves the expenditure of federal assistance or contract funds, the receipt of which is conditioned on compliance with mandatory requirements in federal laws or regulations not in conformance with the provisions of the Virginia Public Procurement Act (Code of Virginia, § 2.2-4300 et seq.) and this policy, the County may comply with such federal requirements, notwithstanding contrary provisions of state law or this policy, only upon the written determination by the County Administrator that acceptance of the grant or contract funds under the applicable conditions is in the public interest. Such determination shall state the specific provisions of state law and this policy that conflict with the conditions of the grant or contract.
This policy shall become effective July 1, 2022, and shall replace all purchasing and contracting policies previously adopted. Any contract entered into prior to July 1, 2022, shall be governed by the procurement policies and regulations of the County in effect at the time the contract was executed.
If any provision of this policy is declared invalid under any circumstances, all other provisions of this policy shall remain in full effect to the greatest extent possible without the invalid provision.
As used in this policy, the terms listed below have the following meanings. Any term not defined has the meaning assigned in the Virginia Public Procurement Act (Code of Virginia, § 2.2-4300 et seq.).
The overall combination of quality, price and various elements of required services that in total is optimal relative to the County's needs.
Any type of corporation, partnership, limited-liability company, association or sole proprietorship operated for profit.
A written order signed and unilaterally issued by the Purchasing Agent directing the contractor to make changes that is issued pursuant to a contract provision that authorizes the Purchasing Agent to order such changes without the consent of the contractor.
Any information available to an employee only because of the employee's status as an employee of the County and that is not a matter of public knowledge or available to the public on request.
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 County agreements, regardless of what they may be called, for the procurement of goods, services, insurance or construction.
Any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties to the contract.
Any person having a direct contract with the County.
A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this policy, and a fee or profit, if any.
Warren County, Virginia.
A contract under which a contractor agrees to both design and build the structure or other item specified in the contract.
Involvement in any procurement transaction through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or acting in any other advisory capacity.
Any person receiving a salary or wages, performing personal services or serving as an elected official for the County or any department, agency, commission, council, board or other entity established by the County.
All material, equipment, supplies, printing and automated data processing hardware and software.
The County's Board of Supervisors.
A spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee.
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 whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils.
All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids.
A method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities and specifications in the book as the basis of its pricing. The contractor may be selected through either competitive sealed bidding or competitive negotiation depending on the needs of the County. A minimum amount of work may be specified in the contract.
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.
Administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction or any claim resulting therefrom.
Any business, individual, union, committee, club, other organization or group of individuals.
A financial benefit or liability that exists by reason of:
Ownership in a business if the ownership interest exceeds 3% of the total equity of the business;
Annual income that exceeds, or may reasonably be anticipated to exceed, $5,000 from ownership in real or personal property or a business;
Salary, other compensation, fringe benefits or benefits from the use of property, or any combination thereof, paid or provided by a business or governmental agency that exceeds, or may reasonably be anticipated to exceed, $5,000 annually;
Ownership of real or personal property if the interest exceeds $5,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property;
Personal liability incurred or assumed on behalf of a business if the liability exceeds 3% of the asset value of the business; or
An option for ownership of a business or real or personal property if the ownership interest will consist of A or D above.
A person who, at the time the County 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 sealed bidding or competitive negotiation.
Factual information concerning prices for items substantially similar to those being procured. "Prices" in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.
The Virginia Public Procurement Act, § 2.2-4300 et seq., Chapter 43, Title 2.2, Code of Virginia 1950, as amended.
All functions that pertain to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
Work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, 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 policy.
The County Administrator or an authorized designee.
A written public notification soliciting proposals for professional, nonprofessional or contractor services. A request for proposal generally describes the services sought, the unique capabilities or qualifications needed to perform the work, factors to be used to evaluate the proposals and the conditions for negotiating the prices and terms with the offerors. A request for proposal includes all documents attached or incorporated by reference that are utilized for soliciting proposals.
A written public notification inviting interested qualified persons to apply for prequalification.
A person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure 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.
A procurement method wherein bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. During the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for bid opening.
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 description of the performance, design or combination of performance and design of a required good and/or service. It may include a description of any requirement for inspecting, testing or preparing a good, service or construction item for delivery.
In general terms, a clear and flexible statement that conveys the County's need for the successful delivery of goods and/or performance of services.