A. 
Contracts for the purchase or lease of goods, services other than professional services and insurance may be procured with either competitive sealed bidding or competitive negotiation.
B. 
Professional services shall be procured by competitive negotiation.
C. 
Construction must be procured by competitive sealed bidding, except that competitive negotiation may be used in the following instances:
(1) 
For a fixed-price design-build contract or a construction management contract.
(2) 
For the construction of highways and any draining, dredging, excavation, grading or similar work upon real property upon a determination, made in advance by the Purchasing Agent and set forth in writing, that competitive sealed bidding is either not practicable or not fiscally advantageous to the public. The writing shall document the basis for this determination.
A. 
The Purchasing Agent may prequalify prospective contractors for particular types of supplies, services, insurance or construction, and limit consideration of bids or proposals to prequalified contractors. The opportunity to prequalify shall be given to any prospective contractor who has not been suspended or debarred under this policy.
B. 
The application form to prequalify contractors for construction shall set forth the criteria upon which the qualifications of prospective contractors will be evaluated. The application form shall request of prospective construction contractors only such information as is appropriate for an objective evaluation of all prospective contractors pursuant to such criteria. The form shall allow the prospective contractor seeking prequalification to request, by checking the appropriate box, that all information voluntarily submitted by the contractor pursuant to this subsection shall be considered a trade secret or proprietary information subject to the provisions of § 38A-13.2F of this policy. Advance notice shall be given of the deadline for the submission of prequalification applications. The deadline for submission shall be sufficiently in advance of the date set for the submission of bids for such construction so as to allow the procedures set forth in this subsection to be accomplished.
C. 
Any contractor that applies for prequalification shall be notified in writing whether they have been prequalified at least 30 days prior to the deadline for submitting bids or proposals under the procurement of the contract for which the prequalification applies. If a prospective contractor is denied prequalification, the written notification shall include the reasons for denial and the factual basis for such reasons. Notices of refusal of prequalification shall be kept and made a part of the contract file.
D. 
In considering any request for prequalification, the Purchasing Agent shall determine whether the contractor possesses management, financial soundness and a history of performance that demonstrates the apparent ability to successfully complete all requirements of the contract being procured. The Purchasing Agent may require prospective contractors to submit information that the Purchasing Agent deems pertinent, including samples, financial reports and references. The Purchasing Agent may employ standard forms designed to elicit necessary information, or may design other forms for that purpose.
E. 
Prequalification of a contractor shall not constitute a conclusive determination that the contractor is responsible, and such bidder may be rejected as nonresponsible on the basis of subsequently discovered information.
F. 
Failure of a contractor to prequalify with respect to one procurement transaction shall not bar the contractor from seeking prequalification as to other procurement transactions or bidding on procurement transactions that do not require prequalification.
G. 
Prequalification may be denied to any contractor only if the Purchasing Agent finds one of the following:
(1) 
The contractor does not have sufficient financial ability to perform the contract that would result from such procurement. If a bond is required to ensure performance of a contract, evidence that the contractor can acquire a surety bond from a corporation included on the United States Treasury's list of acceptable surety corporations in the amount and type required by the County shall be sufficient to establish the financial ability of the contractor to perform the contract resulting from such procurement;
(2) 
The contractor does not have appropriate experience to perform the construction project in question;
(3) 
The contractor or any officer, director or owner thereof has had judgments entered against him or her within the past 10 years for the breach of contracts for governmental or nongovernmental construction, including, but not limited to, design-build or construction management;
(4) 
The contractor has been in substantial noncompliance with the terms and conditions of prior construction contracts with a public body without good cause. If the County has not contracted with a contractor in any prior construction contracts, the Purchasing Agent may deny prequalification if the contractor has been in substantial noncompliance with the terms and conditions of comparable construction contracts with another public body without good cause. This provision shall not be used to deny prequalification unless the facts underlying such substantial noncompliance were documented in writing in the prior construction project file and such information relating thereto was given to the contractor at that time, with the opportunity to respond;
(5) 
The contractor or any officer, director, owner, project manager, procurement manager or chief financial official thereof has been convicted within the past 10 years of a crime related to governmental or nongovernmental construction or contracting, including, but not limited to, a violation of:
(a) 
Article XIV of this policy;
(b) 
Article 6 (Code of Virginia, 2.2-4367 et seq.) of the Procurement Act;
(c) 
The Virginia Governmental Frauds Act (Code of Virginia, § 18.2-498.1 et seq.);
(d) 
Chapter 4.2 of Title 59.1 of the Code of Virginia; or
(e) 
Any substantially similar law of the United States or another state;
(6) 
The contractor or any officer, director or owner thereof is currently debarred pursuant to an established debarment procedure from bidding or contracting by any public body, agency of another state or agency of the federal government; or
(7) 
The contractor fails to provide information in a timely manner that is requested by the Purchasing Agent and is relevant to Subsection G(1) through (6) of this subsection.
In the solicitation or awarding of contracts, the County shall not discriminate against a bidder or offeror on the basis of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, status as a service disabled veteran or any other basis prohibited by state law relating to discrimination in employment.
Comments concerning specifications, the County's statement of need or other terms and conditions in a solicitation shall be submitted either in writing or during conferences with potential contractors as set forth in the solicitation's instructions. The Purchasing Agent shall be responsible for issuing addenda to the solicitation. Potential contractors are responsible for obtaining any addenda that may be issued.
A. 
An invitation to bid, a request for proposal, any other solicitation, or any and all bids or proposals, may be canceled or rejected. The reasons for cancellation or rejection shall be made part of the contract file. The Purchasing Agent 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 responsive and responsible bidder or offeror.
B. 
The Purchasing Agent may waive informalities in bids.
Except as prohibited herein, contracts may be awarded on a fixed-price or cost-reimbursement basis, or on any other basis that is not prohibited. However, no contract shall be awarded on the basis of cost plus a percentage of cost ("cost-plus") except in cases of emergency affecting public health. If a cost-plus contract is to be used in an emergency situation, a written determination of the basis of the emergency and the selection of the particular contractor shall be included in the contract file. A policy or contract of insurance or prepaid coverage having a premium computed on the basis of claims paid or incurred, plus the insurance carrier's administrative costs and retention stated in whole or part as a percentage of such claims, shall not be prohibited by this section.
A. 
Unless otherwise provided by law, a contract for goods, services or insurance may be entered into for any period of time deemed to be in the best interests of the County, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation or request and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor.
B. 
When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled.
A. 
Any contract award, change order or contract modification that requires the submission and certification of cost or pricing data shall contain a provision stating that the price, including any profit or fee, excludes any significant increase that the Purchasing Agent finds to be the result of cost or pricing data furnished by the contractor that was inaccurate, incomplete or not current at the time provided.
B. 
Provisions for modification of the contract during performance may be included in the contract, but no fixed-price contract may be increased by more than 25% of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the governing body. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer.
C. 
The Purchasing Agent 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. 
Modifications that fail to comply with this section are voidable at the discretion of the governing body, and the unauthorized approval of a modification may not be the basis of a contractual claim brought pursuant to § 38A-12.3 of this policy.
A. 
Retainage limit. In any construction contract which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least 95% of the earned sum when payment is due, with no more than 5% being retained to assure faithful performance of the contract. All amounts withheld may be included in the final payment.
B. 
Escrow option for retainage. When procuring construction of $200,000 or more of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures and the installation of water, gas, sewer lines and pumping stations, the invitation to bid shall include an option for the contractor to use an escrow account procedure for utilization of retainage funds. In the event the contractor elects to use the escrow account procedure, the escrow agreement form included in the invitation to bid and contract shall be executed and submitted to the Purchasing Agent within 15 calendar days after notification. Otherwise, the contractor shall forfeit his rights to the use of the escrow account procedure. The contractor, the escrow agent and the surety shall execute an escrow agreement form. The contractor's escrow agent shall be a trust company, bank or savings institution with its principal office located in the commonwealth. The escrow agreement shall be substantially the same as that used by the Virginia Department of Transportation.
C. 
Any subcontract for a public project that provides for similar progress payments shall be subject to the provisions of this section.
A. 
Every contract shall contain the "Compliance with Immigration Law" and "Authorization to Transact Business in the Commonwealth" clauses.
B. 
Every contract that allows subcontracting shall include the "Prompt Payment and Interest" clause.
C. 
Every contract of $10,000 or more shall contain the "Employment Discrimination" and "Drug-free Workplace" clauses.
D. 
Additional provisions are required in contracts procured either in part or in whole with federal funds. Please consult Article XIV and Appendices 1 and 2 of this policy[1] prior to issuing a solicitation for any such procurement.
[1]
Editor's Note: The Appendixes are on file in the County offices.