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.
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.
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.
The following transactions are hereby exempt
from the competitive procurement requirements of this article:
A. The County may enter into contracts without competition
for the purchase of goods or services:
(1) 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
(2) Which are performed or produced by nonprofit sheltered
workshops or other nonprofit organizations which offer transitional
or supported employment services serving the handicapped.
B. The County may enter into contracts without competition
for:
(2) Expert witnesses and other services associated with
litigation or regulatory proceedings.
C. 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.
D. 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.
E. 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.