Certain provisions of the Act apply to all local government purchases. The County is not free to amend those provisions, which are summarized here for reference:
A. 
State-aid projects. Competitive sealed bidding or competitive negotiation is required for projects in which over $50,000 in state funds are expended. [Code of Virginia, § 2.2-4305]
B. 
Brand names. Unless an invitation to bid expressly allows only a certain brand, a bidder may specify alternatives to the brand names mentioned in the invitation. The County can accept any brand that it deems to be equivalent to the specified brand. The County may also limit bidders to a single brand, if it expressly states such a limitation in the invitation to bid. [Code of Virginia, § 2.2-4315]
C. 
Prequalification. Prequalification involves bidding in which only selected, or "prequalified," bidders are allowed to bid on a project. The statute governs the method of prequalification. Please consult the County Attorney prior to undertaking prequalification. [Code of Virginia, § 2.2-4317]
D. 
Withdrawal of erroneous bids. This section allows bidders for a construction contract to withdraw bids that reflect clerical errors. The statute sets forth two different withdrawal procedures. The County follows the simpler method under Code of Virginia, § 2.2-4330(B)(1), which requires that bidders give notice of withdrawal within two business days of the bid opening. The County has five business days to issue a decision on a request to withdraw a bid. [Code of Virginia, § 2.2-4330]
E. 
Retainage. Retainage on construction contracts cannot exceed 5%. Additionally, the County's bid documents must include an option by which the successful bidder can elect to have the retainage placed into an escrow account for contracts which 1) are greater than $200,000, and 2) relate to the construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, or the installation of water, gas, sewer lines or pumping stations. [Code of Virginia, §§ 2.2-4333 and 2.2-4334]
F. 
Damages for delay by governing body. The County cannot require contractors to waive any right to damages caused by the County's delay in performance. [Code of Virginia, § 2.2-4335]
G. 
Professional services. Professional services (except for legal services) must be procured through competitive negotiation where the cost of the professional service is expected to exceed $80,000 in the aggregate. [Code of Virginia, § 2.2-4343(A)(12)]
H. 
Contracts with religious organizations. This section applies only to projects funded by grants provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.[1] [Code of Virginia, § 2.2-4343.1]
[1]
Editor's Note: See 42 U.S.C.A. § 601 et seq.
I. 
Ethics in public contracting. These sections prohibit kickbacks, conflicts of interest, gifts from bidders, and the purchase of building materials from architects or engineers rendering design services. [Code of Virginia, §§ 2.2-4367 through 2.2-4377]
J. 
Public inspection of certain records. With a few exceptions, most documents, contracts, and other records related to procurement transactions are open for public inspection in accordance with the Virginia Freedom of Information Act.[2] [Code of Virginia, § 2.2-4342]
[2]
Editor's Note: See Code of Virginia, § 2.2-3700 et seq.
A. 
Every contract must include the following provisions:
(1) 
Compliance with immigration law. The contractor does not, and shall not during the performance of the contract for goods and services in the commonwealth, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986.[1]
[1]
Editor's Note: See VA Code Ann. § 40.1-11.1 et seq.
(2) 
Compliance with state law; foreign and domestic businesses authorized to transact business in the commonwealth.
(a) 
Any contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the commonwealth as a domestic or foreign business entity if so required by Code of Virginia, Title 13.1, or Code of Virginia, Title 50, or as otherwise required by law.
(b) 
Any contractor described in Subsection A(2)(a) shall not allow its existence to lapse or its certificate of authority or registration to transact business in the commonwealth, if so required under Code of Virginia, Title 13.1 or Code of Virginia, Title 50, to be revoked or cancelled at any time during the term of the contract.
(c) 
The County may void any contract with a contractor that fails to remain in compliance with Subsections A(2)(a) or (b).
B. 
Every contract of $10,000 or more must include the following provisions:
(1) 
Employment discrimination prohibited.
(a) 
During the performance of this contract, the contractor shall 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. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that the contractor is an equal opportunity employer.
(b) 
The contractor will include the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
(c) 
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.
(2) 
Drug-free workplace.
(a) 
During the performance of this contract, the contractor shall:
[1] 
Provide a drug-free workplace for the contractor's employees;
[2] 
Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition;
[3] 
State in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and
[4] 
Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
(3) 
For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this policy, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
C. 
Additional contract provisions may be required by federal law in contracts funded either in part or in whole with federal funds. Consultation with the County Attorney is recommended prior to issuing a solicitation for any such procurement.
Pre-bid conferences with prospective bidders and offerors are desirable after draft specifications are prepared. Such conferences help detect unclear provisions and widen competition by removing unnecessarily restrictive language. Pre-bid conferences may be scheduled by the Purchasing Agent, attended by a department representative and, if requested, the County Attorney. [Code of Virginia, § 2.2-4316]
In the case of a tie bid, preference shall be given to goods, services and construction produced in the County or provided by persons, firms or corporations whose principal place of business is in the County, if such a choice is available. Otherwise, the tie may be decided by lot unless the provisions of the Code of Virginia, § 2.2-4324, apply. This section applies only to bids submitted pursuant to an invitation to bid. [Code of Virginia, § 2.2-4328]
Public contracts may be awarded on a fixed price or cost reimbursement basis, or on any other basis that is not prohibited. However, no public contract shall be awarded on the basis of a cost plus a percentage of cost except in case of an emergency affecting the public health, safety, or welfare. [Code of Virginia, § 2.2-4331]
Blanket purchase orders may be used for repeat purchases of goods or services from the same vendor to promote competition and cost effectiveness. Rather than issue a purchase order for each purchase, one purchase order may be issued for a time period of up to one year.
The Purchasing Agent may waive informalities. "Informality" means a minor defect or variation from the exact requirements of an invitation to bid, request for proposal, this chapter, or the Act that does not affect the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured. [Code of Virginia, §§ 2.2-4301 and 2.2-4319]
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. [Code of Virginia, § 2.2-4319]
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 that the term of the contract and conditions of renewal or extension, if any, are included in the solicitation 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.
All contracts awarded through competitive procurement require the signature of the Purchasing Agent or his or her designee. The Purchasing Agent may delegate authority to sign all other contracts for goods and services to a department head or manager.
No official, elected or appointed, or any employee shall purchase or contract for any goods, services, insurance or construction within the purview of this chapter other than by and through the Purchasing Agent, and any purchase order or contract made contrary to the provisions hereof is not approved, and the County shall not be bound thereby.
A. 
A contract may include provisions for modification of its terms during performance, 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 Board. However, no such modification shall increase the price of the contract beyond any project budget set by the Board. 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.
B. 
The term of an existing contract for services may be extended to allow completion of any work undertaken but not completed during the original term of the contract.
C. 
Contract modifications that fail to comply with this section are voidable at the discretion of the Board, and the unauthorized approval of a modification cannot be the basis of a contractual claim against the County. [Code of Virginia, §§ 2.2-4309)