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:
BUSINESS
Any corporation, limited-liability company, general or limited
partnership, individual, sole proprietorship, joint stock company,
joint venture or any other nongovernmental legal entity.
CHANGE ORDER
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.
COMPETITIVE NEGOTIATION
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.
COMPETITIVE SEALED BIDDING
A.
A method of contractor selection which includes
the following elements:
(1)
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.
(2)
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.
(3)
Public opening and announcement of all bids
received.
(4)
Evaluation of bids based upon the requirements
set forth in the invitation.
(5)
Award to the lowest responsive and responsible
bidder.
B.
Competitive sealed bidding shall not be required
for procurement of professional services.
CONFIDENTIAL INFORMATION
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.
CONSTRUCTION
Building, altering, repairing, improving or demolishing any
structure, building or highway, and any draining, dredging, excavation,
grading or similar work on real property.
CONSTRUCTION MANAGEMENT CONTRACT
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.
COUNTY
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.
DIRECT OR INDIRECT PARTICIPATION
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.
DISADVANTAGED BUSINESS
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.
EMPLOYEE
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.
INFORMALITY
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.
INSURANCE
A contract whereby, for a stipulated consideration, one person
undertakes to compensate the other for loss on a specified subject
for specified perils.
INVITATION FOR BIDS
All documents, whether attached or incorporated by reference,
utilized for soliciting sealed bids.
NONPROFESSIONAL SERVICES
Any service not specifically identified as professional services
in the definition of professional services.
PERSON
Any business, individual, union, committee, club, other organization
or group of individuals.
PROCUREMENT COMMITTEE
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.
PROFESSIONAL SERVICES
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.
PUBLIC BODY
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.
PURCHASING AGENT
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.
RESPONSIBLE BIDDER OR OFFEROR
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.
RESPONSIVE BIDDER
A person who has submitted a bid which conforms in all substantive
respects to the invitation to bid.
SERVICES
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.
SHELTERED WORKSHOP
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.
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.
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.
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.
B. The contractor will include the provisions of the foregoing Subsection
A(1),
(2) and
(3) in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.
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.
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.
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.
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.