All public contracts with nongovernmental contractors for the purchase or lease of goods or for the purchase of services, insurance or construction shall be awarded after competitive sealed bidding or competitive negotiations as provided in this article, unless otherwise authorized by law.
Editor's Note: See Virginia Code § 2.2-4303.
No contract for the construction of any building or for an addition to or improvement of an existing building, for which state funds of not more than $30,000 in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction, shall be let except after competitive sealed bidding or competitive negotiation. The procedure for advertising for bids or proposals and for letting the contract shall conform, mutatis mutandis, to this policy. No person shall be eligible to bid on, or submit a proposal for, any such contract, nor to have the same awarded to him, if he has been engaged as an architect or engineer for the same project under a separate contract.
Editor's Note: See Virginia Code § 2.2-4305.
An invitation for bids, a request for proposal, any other solicitation, or any and all bids or proposals may be canceled or rejected, in whole or in part, when the County determines that it is in its best interest to do so. The reasons for such action shall be made a part of the record in the matter. The County 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 bidder or offeror.
Editor's Note: See Virginia Code § 2.2-4319.
The following transactions are hereby exempt from the competitive procurement requirements of this article:
The County may enter into contracts without competition for the purchase of goods or services:
Which are performed or produced by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired; or
Which are performed or produced by nonprofit sheltered workshops or other nonprofit organizations which offer transitional or supported employment services serving the handicapped.
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.
The County may, if administering public assistance programs as defined in Virginia Code § 63.1-87, the fuel assistance program and community services under the Comprehensive Services Act for At-Risk Youth and Families (§ 2.2-5200 et seq. of the Code of Virginia), procure goods or personal services for direct use by the recipients of such programs without competitive sealed bidding or competitive negotiations if the procurement is made for an individual recipient.
The County may enter into contracts without competitive sealed bidding or competitive negotiation for insurance if purchased through an association of which it is a member if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided such association has procured the insurance by use of competitive principles and provided that the County has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The writing shall document the basis for this determination.
Editor's Note: See Virginia Code §§ 2.2-4344 and 2.2-4345.
A contract may be awarded without competition when the County determines, in writing, after conducting a good faith review of available sources, that there is only one source for the required goods, services, insurance or construction items. The purchasing agent shall conduct negotiations, as appropriate, as to price, delivery and terms. A record of sole source procurements shall be maintained that lists each contractor's name, the amount and type of each contract, a listing of the items procured under each contract and the identification number of each contract file.
Where proprietary or patent rights exist and only one source is available for a required item or service, the requirement for competitive procurement may be waived. Documentation of the sole procurement shall be maintained in accordance with this section.
Editor's Note: See Virginia Code § 2.2-4303E.
For the purposes of this section, an emergency shall be deemed to exist when a break-down in machinery or equipment or a threatened termination of essential services or a dangerous condition develops, or when any unforeseen circumstances arise causing curtailment or diminution of an essential service, or where materials or services are needed to protect the health of citizens, to prevent the loss of life or the loss of property.
In case of emergency, purchases may be made in accord with this section, without competitive sealed bidding or competitive negotiation.
If an emergency occurs during regular business hours, the using department or member of the Board of Supervisors shall immediately notify the purchasing agent who, after consultation with the County Attorney, shall either purchase the required supplies or contractual services or authorize the department or member of the Board of Supervisors to do so.
If an emergency occurs at times other than regular business hours, the using department or member of the Board of Supervisors may purchase directly the required goods or contractual services. The department or member of the Board of Supervisors shall, however, whenever practicable, secure competitive telephone bids and order delivery to be made by the lowest responsible bidder. The department or member of the Board of Supervisors shall also, not later than the next regular business day thereafter, submit to the purchasing agent a requisition, a tabulation of bids received, if any, a copy of the delivery record and a brief written explanation of the circumstances of the emergency and follow other procedures as may be set forth by the purchasing agent.
Editor's Note: See Virginia Code § 2.2-4303F.