A.
This policy may be cited as the "Buchanan County Procurement
Act of 2002," effective July 9, 2002, herein sometimes referred to
as "policy."
B.
The purpose of this policy is to provide for the fair
and equitable treatment of all persons involved in public purchasing
by the Board of Supervisors (hereinafter "County"), to maximize the
purchasing value of public funds in procurement and to provide safeguards
for maintaining a procurement policy of quality and integrity.
C.
This policy applies to contracts for the procurement
of goods, services, insurance and construction entered into by the
County involving every expenditure for public purchasing irrespective
of its source except those procurement contracts entered into with
other political subdivisions of the United States of America, the
Commonwealth of Virginia or Buchanan County.
D.
The provisions herein shall not apply to those contracts
entered into prior to the adoption of this policy, which shall continue
to be governed by the laws in effect at the time such contracts were
executed.
E.
To the extent that amendments to the Virginia Public
Procurement Act ("Act") render any of the provisions of this policy
unlawful, this policy shall be considered to be automatically amended,
without action by the County, to bring the offending sections into
compliance with the Act.
The following words, terms and phrases, when
used in this policy, shall have the meaning ascribed to them in this
section, except where the contract clearly indicates a different meaning:
Any corporation, limited-liability company, general or limited
partnership, individual, sole proprietorship, joint stock company,
joint venture or any other nongovernmental legal entity.
A written order signed and unilaterally issued on behalf
of the County directing the contractor to make changes which the contract
authorizes the purchasing agent to order without the consent of the
contractor.
The Commonwealth of Virginia.
A method of contractor selection which involves individual
discussions between the County's designated agent and the offeror
in response to the County's request for proposals.
A method of contractor selection which includes
the following elements:
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 County 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.
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 the Department of
General Services' central electronic procurement web site and other
appropriate web sites. Effective July 1, 2002, posting by state agencies,
departments and institutions on the public Internet procurement web
site designated by the Department of General Services shall be required.
Public opening and announcement of all bids
received.
Evaluation of bids based upon the requirements
set forth in the invitation.
Award to the lowest responsive and responsible
bidder.
Competitive sealed bidding shall not be required
for procurement of professional services.
Any information which is available to a County employee only
because of his/her status as an employee and is not a matter of public
knowledge or available to the public upon request.
Building, altering, repairing, improving or demolishing any
structure, building or highway, and any draining, dredging, excavation,
grading or similar work on 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.
The County of Buchanan, Virginia, by its Board of Supervisors
and/or any agency, department, board, commission or like entity. Unless
otherwise noted herein an act of the County shall mean an act of the
Board of Supervisors.
Involvement, through decision, approval, disapproval, recommendation
or preparation of any part of a purchase request, influencing the
content of any specification or procurement standard, rendering advice,
investigation or auditing, or in any other advisory capacity.
A small business which is owned or controlled by a majority
of persons, not limited to members of minority groups, who have been
deprived of the opportunity to develop and maintain a competitive
position in the economy because of social disadvantages.
An individual drawing a salary or wages from the County,
whether elected or not; any noncompensated individual performing personal
services for the County; and any noncompensated individual serving
as an elected official of the County.
A minor defect or variation of a bid 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 person
undertakes to compensate the other for loss on a specified subject
for specified perils.
All documents, whether attached or incorporated by reference,
utilized for soliciting sealed bids.
Any service not specifically identified as professional services
in the definition of professional services.
Any business, individual, union, committee, club, other organization
or group of individuals.
A committee appointed by the County and comprised of one
member of the Board of Supervisors, the County Administrator and an
individual possessing skill and/or experience in the proposed procurement.
Any 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 purchasing official for the County or Ms/her lawfully
appointed designee. The County Administrator shall act as the purchasing
agent unless otherwise directed by the County.
A person who has the capability in all respects, to perform
fully the contract requirements and the moral and business integrity
and reliability which will assure good faith performance, and who
has been prequalified, if required.
A person who has submitted a bid which conforms in all substantive
respects to the invitation to bid.
Any work performed by an independent contractor wherein the
service provided does not consist primarily of acquisition of equipment
or materials or the rental of equipment, materials and supplies.
A work-oriented rehabilitative facility with a controlled
working environment and individual goals which utilizes work experience
and related services for assisting the handicapped to progress toward
mainstream employment.
[1]
Editor's Note: See Virginia Code § 2.2-4301.
The County may participate in, sponsor, conduct
or administer a cooperative procurement agreement with one or more
public bodies or agencies of the United States or the commonwealth
for the purpose of combining requirements to increase efficiency or
reduce administrative expense. Any public body which enters into a
cooperative procurement agreement with the County that has adopted
alternative policies and procedures pursuant to the Virginia Procurement
Act shall comply with this policy except as otherwise noted herein.
[1]
Editor's Note: See Virginia Code § 2.2-4304.
A.
There is hereby created a purchasing system for the
County to operate under the direction and supervision of the County
Administrator, who shall be the purchasing agent for the County. The
purchasing agent may delegate the administrative purchasing responsibility
to a responsible subordinate, upon written approval of the County.
B.
The purchasing agent shall serve as the principle
public purchasing official for the County and shall be responsible
for the procurement of goods, services, insurance and construction
in accordance with this policy, as well as the management and disposal
of supplies.
C.
In accordance with this policy, the purchasing agent
shall:
(1)
Purchase or supervise the purchasing of all goods,
services, insurance and construction needed by the County.
(2)
Exercise direct supervision over the County's central
stores and general supervision over all inventories of goods belonging
to the County.
(3)
Sell, trade or otherwise dispose of surplus goods
belonging to the County.
(4)
Establish and maintain programs for specifications,
development, contract administration and inspection and acceptance,
in cooperation with the public agencies using the goods, services
and construction.
D.
The purchasing agent shall have the power to:
(1)
Purchase or contract for all goods, services, insurance
and construction required by a using department, except as otherwise
noted in this policy.
(2)
Ensure the inspection of all deliveries of goods,
services or construction purchased through him to determine conformance
with the order or contract.
(3)
Act to procure for the County the highest quality
in goods, services, insurance and construction at the least expense
to the County.
(4)
Endeavor to obtain full and open competition as reasonably
possible regarding all purchases and sales.
(5)
Keep informed of current developments in the field
of purchasing, prices, market conditions and new products.
(6)
Secure for the County the benefits of research done
in the fields of purchasing by other governmental jurisdictions, national
societies, national trade associations and private business and organizations.
(7)
Prepare and maintain a vendor's file containing catalogs,
descriptions of commodities, prices and discounts.
(8)
Declare vendors who default on their quotations as
irresponsible bidders and disqualify them from receiving business
from the County for a stated period of time, subject to written approval
by the County.
(9)
Develop and maintain a current file of sources of
goods, services, insurance and construction to be known as a "bidders
list" to which vendors can request to be added.
(10)
Maintain an accurate listing and status of all outstanding
contracts, including expiration dates, establish a list of the needs
assessment of the several departments, develop a process for renewal
of expiring contracts and develop a checklist to evaluate the quality
of completion of all contracts.
(11)
Perform all other functions and duties, including
administrative service to the procurement committee, in keeping with
sound purchasing practices and such other duties as may be assigned.
After receiving a request for goods, services
or the like, from a using department or agency, the purchasing agent
shall promptly proceed to satisfy the requirements in the most efficient
manner. Where practical, standardized inventories, standardized specifications,
existing contracts and the use of free and open competition should
be used to satisfy these needs. This process will require proper planning
by the using departments to prevent unreasonable delays or the use
of unsound purchasing practices which may not be in the best interest
of the County. The purchase requisition shall include specific detail,
brand name or adequate specifications to ensure the procurement of
the item needed.
The relationship between the County, as purchaser,
and the seller is one of mutuality. It is the responsibility of the
purchasing agent to establish a relationship of mutual confidence
and satisfaction between the County and its suppliers. It is, therefore,
necessary that the purchasing agent be aware of all transactions that
are conducted between the County and its suppliers. Departments should
not be burdened with visits from suppliers. The County's time and
that of suppliers will be saved if the following procedures are observed:
A.
All vendors' representatives shall follow procedures
established by the purchasing agent when it is necessary to contact
other departments.
B.
When necessary for the departments to correspond with
vendors on some technical matter, copies of that correspondence should
be sent to the purchasing agent.
A.
The purchasing agent shall refuse to issue any purchase
order until there has been certification that there is to the credit
of the requesting department a sufficient unencumbered appropriated
balance, in excess of all unpaid obligations, to defray the amount
of such order.
B.
Before any purchase is made, the purchasing agent
shall determine the availability of sufficient funds to cover the
purchase. If funds are unavailable, the department head shall be responsible
for initiating the request for funds.
It shall be the purchasing agent's responsibility
to formulate, in conjunction with the user department, nonrestrictive
specifications to ensure quality levels equal to the intended use
of an item.
Every contract of over $10,000 shall include
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 age, race, religion, color,
sex, national origin, disability, or any 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.
[1]
Editor's Note: See Virginia Code § 2.2-4311.
A.
Except as prohibited herein, public contracts may
be awarded on a fixed price or cost reimbursement basis, or on any
other basis that is not prohibited.
B.
Subject to the limitations of this section, any type
of contract which is appropriate to the procurement and which will
promote the best interests of the County may be used; provided that
the use of a cost-plus-a-percentage-of-cost contract or a cost-plus-a-percentage-of-construction-cost
contract are prohibited. A cost reimbursement contract may be used
only when a determination is made in writing that such is likely to
be less costly to the County than any other type or that it is impracticable
to obtain the supply, service or construction item required except
under such a contract.
[1]
Editor's Note: See Virginia Code § 2.2-4331.
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 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. When funds are not appropriated
or otherwise made available to support continuation of performance
in a subsequent fiscal period, the contract shall be canceled without
liability to the County.
A.
In any public contract for construction 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 not more than 5% being retained to ensure
faithful performance of the contract. All amounts withheld may be
included in the final payment.
B.
Any subcontract for a public project which provides
for similar progress payments shall be subject to the same limitations.
[1]
Editor's Note: See Virginia Code § 2.2-4333.
A.
A public contract may include provisions for modification
of the contract 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
County.
B.
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.
[1]
Editor's Note: See Virginia Code § 2.2.4309.
Road construction contracts are governed by
separate terms and administered by the County Engineer's office.
A.
Upon the award of any public construction contract
exceeding $100,000 to any prime contractor, such contractor shall
furnish to the County the following bonds:
(1)
A performance bond in the sum of the contract amount
conditioned upon the faithful performance of the contract in strict
conformity with the plans, specifications and conditions of the contract.
(2)
A payment bond in the sum of the contract amount.
Such bond shall be for the protection of claimants who have and fulfill
contracts to supply labor or materials to the prime contractor to
whom the contract was awarded, or to any subcontractors, in the furtherance
of the work provided for in such contract, and shall be conditioned
upon the prompt payment for all such material furnished or labor supplied
or performed in the prosecution of the work. Labor or materials shall
include public utility services and reasonable rentals of equipment,
but only for periods when the equipment rented is actually used at
the site.
B.
Each bond required by this section shall be executed
by one or more surety companies selected by the contractor, which
surety or sureties are legally authorized to do business in the commonwealth.
C.
Bonds required by this section shall be made payable
to the Board of Supervisors of Buchanan County, Virginia, and shall
be filed with the Board or an office or official designated by the
Board.
D.
Nothing in this section shall preclude the purchasing agent from requiring payment or performance bonds for contracts other than those specified in Subsection A above, in amounts to be determined by the purchasing agent and specified in the invitation to bid.
E.
Nothing in this section shall preclude such a contractor
from requiring each subcontractor to furnish a payment bond with surety
thereon in the sum of the full amount of the contract with such subcontractor
conditioned upon the payment to all persons who have and fulfill contracts
which are directly with the subcontractor for performing labor and
furnishing materials in the prosecution of the work provided for in
the subcontract.
F.
In lieu of a performance or payment bond required
by or under this section, a contractor may furnish a certified check
or cash escrow in the face amount required for the bond, or upon approval
by the County Attorney, a personal bond, property bond or bank or
savings institution's irrevocable letter of credit.
[1]
Editor's Note: See Virginia Code §§ 2.2-4337
and 2.2-4338.
No action against the surety on a performance bond given pursuant to § 16-14 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, if
the action be for such.
[1]
Editor's Note: See Virginia Code § 2.2-4340.
A.
Subject to the provisions of Subsection B hereof, any claimant who has performed labor or furnished materials in accordance with the contract for which a payment bond has been given pursuant to § 16-15 and who has not been paid in full therefor before the expiration of 90 days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment may bring an action on such payment bond to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgment.
B.
Any claimant who has a direct contractual relationship
with any subcontractor from whom the contractor has not required a
subcontractor payment bond but has no contractual relationship, express
or implied, with such contractor may bring an action on the contractor's
payment bond only if he has given written notice to such contractor
within 180 days from the day on which the claimant performed the last
of the labor or furnished the last of the materials for which he claims
payment, stating with substantial accuracy the amount claimed and
the name of the person for whom the work was performed or to whom
the material was furnished. Any claimant who has a direct contractual
relationship with a subcontractor from whom the contractor has required
a subcontractor payment bond, but who has no contractual relationship,
express or implied, with such contractor may bring an action on the
subcontractor's payment bond. Notice to the contractor shall be served
by registered or certified mail, postage prepaid, in an envelope addressed
to such contractor at any place where his office is regularly maintained
for the transaction of business. Claims for sums withheld as retainages
with respect to labor performed or materials furnished shall not be
subject to the time limitations stated in this subsection.
C.
Any action on a payment bond must be brought within
one year after the day on which the person bringing such action last
performed labor or last furnished or supplied materials.
D.
Any waiver of the right to sue on the payment bond
required by this section shall be void unless it is in writing, signed
by the person whose right is waived and executed after such person
has performed labor or furnished material in accordance with the contract
document.
[1]
Editor's Note: See Virginia Code § 2.2-4341.
Except as otherwise provided in this policy,
no County official, elected or appointed, or County employee shall
purchase or contract for any goods, services, insurance or construction
within the purview of this policy, other than by and through the purchasing
system, and any purchase order or contract made contrary to the provisions
of this section is void and the County shall not be bound thereby.
A.
Except as otherwise provided herein, all proceedings,
records, contracts and other public records relating to procurement
transactions shall be open to the inspection of any citizen or any
interested person, in accordance with the Virginia Freedom of Information
Act. Cost estimates relating to a proposed transaction prepared by
or for the County shall not be open to public inspection. Any bidder
or offeror, upon request, shall be afforded the opportunity to inspect
bid and proposal records within a reasonable time after the opening
of all bids but prior to award, except in the event that the County
decides not to accept any of the bids and to reopen the contract.
Otherwise, bid and proposal records shall be open to public inspection
only after award of the contract.
B.
Any inspection of procurement transaction records
under this section shall be subject to reasonable restrictions to
ensure the security and integrity of the records. Trade secrets or
proprietary information submitted by a bidder, offeror or contractor
in connection with a procurement transaction shall not be subject
to public disclosure under the Virginia Freedom of Information Act;
however, the bidder, offeror or contractor must invoke the protections
of this provision prior to or upon submission of the data or other
materials, and must identify the data or other materials to be protected
and state the reasons why protection is necessary.
[1]
Editor's Note: See Virginia Code §§ 2.2-4342
and 2.2-3700 et seq.
A.
All using departments shall submit to the purchasing
agent, at such time and in such form as he shall prescribe, reports
showing stocks of all supplies which are no longer used or which have
become obsolete, worn out or scrapped.
B.
The purchasing agent shall have the authority to transfer
surplus stock to other using agencies, provided the receiving agency
is tax exempt within the meaning of Internal Revenue Code Section
501(c)(3) or other relevant sections.
C.
The purchasing agent shall have the authority to sell
all supplies which have been unsuitable for public use or to exchange
the same for, or trade in the same on, new supplies.
D.
All sales of property pursuant to this section shall
be sold on the basis of competitive bids, wherever feasible, to obtain
the highest price and to insure the County receives compensation substantially
equal to the fair market value of the item sold. The purchasing agent
may require sealed bids, in his discretion.
A.
"Recycled paper and paper products" means any paper
product meeting the EPA Recommended Content Standards as defined in
40 CFR Part 250.
B.
B In determining the award of any contract for paper
or paper products to be purchased for use by any division, department
or agency of the County, the purchasing agent for the County shall
use competitive sealed bidding and shall award the contract to the
lowest responsible bidder offering recycled paper or paper products
of a quality suitable for the purpose intended, so long as the bid
price is not more than 10% greater than the bid price of the lowest
responsive and responsible bidder offering a product that does not
qualify as recycled paper and paper products under this section.
[1]
Editor's Note: See Virginia Code § 2.2-4326.
