A. All public contracts with nongovernmental contractors for the purchase orlease of goods, or for the purchase of services, insurance, or construction,shall be awarded after competitive sealed bidding, or competitive negotiationas provided in this section, unless otherwise authorized by law.
B. Professional services shall be procured by competitive negotiation.
C. Upon a determination made in advance by the public body and set forth inwriting that competitive sealed bidding is either not practicable or notfiscally advantageous to the public, goods, services, or insurance may beprocured by competitive negotiation. The writing shall document the basis forthis determination.
Upon a written determination made in advance by (i) the Governor or hisdesignee in the case of a procurement by the Commonwealth or by a department,agency or institution thereof or (ii) the local governing body in the case ofa procurement by a political subdivision of the Commonwealth, thatcompetitive negotiation is either not practicable or not fiscallyadvantageous, insurance may be procured through a licensed agent or brokerselected in the manner provided for the procurement of things other thanprofessional services in subdivision 3 b of the definition of "competitivenegotiation" in § 2.2-4301. The basis for this determination shall bedocumented in writing.
D. Construction may be procured only by competitive sealed bidding, exceptthat competitive negotiation may be used in the following instances upon adetermination made in advance by the public body and set forth in writingthat competitive sealed bidding is either not practicable or not fiscallyadvantageous to the public, which writing shall document the basis for thisdetermination:
1. By the Commonwealth, its departments, agencies and institutions on a fixedprice design-build basis or construction management basis under § 2.2-4306;
2. By any (a) public body for the construction, alteration, repair,renovation or demolition of buildings or structures when the contract is notexpected to cost more than $1.5 million and (b) local governing body on afixed price design-build basis or construction management basis under §2.2-4308 when the contract is not expected to cost more than $1.5 million;
3. By any public body for the construction of highways and any draining,dredging, excavation, grading or similar work upon real property;
4. By any governing body of a locality with a population in excess of 100,000that the Design-Build/Construction Management Review Board has made aone-time determination that the locality has the personnel, procedures, andexpertise to enter into a contract for construction on a fixed price ornot-to-exceed price design-build or construction management basis, providedthat projects undertaken by the local governing body shall be exempt onlyfrom approval of the Design-Build/Construction Management Review Board andshall otherwise be in compliance with the provisions of this section, §2.2-4308, and other applicable law governing design-build or constructionmanagement contracts for public bodies other than the Commonwealth. Theprocedures of the local governing body shall be consistent with the two-stepcompetitive negotiation process established in § 2.2-4301; or
5. As otherwise provided in § 2.2-4308.
E. Upon a determination in writing that there is only one source practicablyavailable for that which is to be procured, a contract may be negotiated andawarded to that source without competitive sealed bidding or competitivenegotiation. The writing shall document the basis for this determination. Thepublic body shall issue a written notice stating that only one source wasdetermined to be practicably available, and identifying that which is beingprocured, the contractor selected, and the date on which the contract was orwill be awarded. This notice shall be posted in a designated public area orpublished in a newspaper of general circulation on the day the public bodyawards or announces its decision to award the contract, whichever occursfirst. Public notice may also be published on the Department of GeneralServices' central electronic procurement website and other appropriatewebsites.
F. In case of emergency, a contract may be awarded without competitive sealedbidding or competitive negotiation; however, such procurement shall be madewith such competition as is practicable under the circumstances. A writtendetermination of the basis for the emergency and for the selection of theparticular contractor shall be included in the contract file. The public bodyshall issue a written notice stating that the contract is being awarded on anemergency basis, and identifying that which is being procured, the contractorselected, and the date on which the contract was or will be awarded. Thisnotice shall be posted in a designated public area or published in anewspaper of general circulation on the day the public body awards orannounces its decision to award the contract, whichever occurs first, or assoon thereafter as is practicable. Public notice may also be published on theDepartment of General Services' central electronic procurement website andother appropriate websites.
G. A public body may establish purchase procedures, if adopted in writing,not requiring competitive sealed bids or competitive negotiation for singleor term contracts for goods and services other than professional services ifthe aggregate or the sum of all phases is not expected to exceed $50,000;however, such small purchase procedures shall provide for competitionwherever practicable. Purchases under this subsection that are expected toexceed $30,000 shall require the written informal solicitation of a minimumof four bidders or offerors.
H. A public body may establish purchase procedures, if adopted in writing,not requiring competitive negotiation for single or term contracts forprofessional services if the aggregate or the sum of all phases is notexpected to exceed $50,000; however such small purchase procedures shallprovide for competition wherever practicable.
I. Upon a determination made in advance by a public body and set forth inwriting that the purchase of goods, products or commodities from a publicauction sale is in the best interests of the public, such items may bepurchased at the auction, including online public auctions. Purchase ofinformation technology and telecommunications goods and nonprofessionalservices from a public auction sale shall be permitted by any authority,department, agency, or institution of the Commonwealth if approved by theChief Information Officer of the Commonwealth. The writing shall document thebasis for this determination. However, bulk purchases of commodities used inroad and highway construction and maintenance, and aggregates shall not bemade by online public auctions.
J. The purchase of goods or nonprofessional services, but not construction orprofessional services, may be made by reverse auctioning. However, bulkpurchases of commodities used in road and highway construction andmaintenance, and aggregates shall not be made by reverse auctioning.
(1982, c. 647, § 11-41; 1985, c. 164; 1986, cc. 332, 559; 1987, c. 456; 1988,cc. 40, 640; 1989, c. 296; 1991, c. 73; 1993, c. 242; 1996, cc. 827, 965,1019; 1999, c. 178; 2000, cc. 637, 647, 664, 692; 2001, cc. 395, 844; 2003,cc. 644, 895; 2004, cc. 706, 874, 906; 2005, c. 394; 2006, cc. 464, 510;2008, c. 78; 2009, c. 123; 2010, c. 567.)
A. All public contracts with nongovernmental contractors for the purchase orlease of goods, or for the purchase of services, insurance, or construction,shall be awarded after competitive sealed bidding, or competitive negotiationas provided in this section, unless otherwise authorized by law.
B. Professional services shall be procured by competitive negotiation.
C. Upon a determination made in advance by the public body and set forth inwriting that competitive sealed bidding is either not practicable or notfiscally advantageous to the public, goods, services, or insurance may beprocured by competitive negotiation. The writing shall document the basis forthis determination.
Upon a written determination made in advance by (i) the Governor or hisdesignee in the case of a procurement by the Commonwealth or by a department,agency or institution thereof or (ii) the local governing body in the case ofa procurement by a political subdivision of the Commonwealth, thatcompetitive negotiation is either not practicable or not fiscallyadvantageous, insurance may be procured through a licensed agent or brokerselected in the manner provided for the procurement of things other thanprofessional services in subdivision 3 b of the definition of "competitivenegotiation" in § 2.2-4301. The basis for this determination shall bedocumented in writing.
D. Construction may be procured only by competitive sealed bidding, exceptthat competitive negotiation may be used in the following instances upon adetermination made in advance by the public body and set forth in writingthat competitive sealed bidding is either not practicable or not fiscallyadvantageous to the public, which writing shall document the basis for thisdetermination:
1. By the Commonwealth, its departments, agencies and institutions on a fixedprice design-build basis or construction management basis under § 2.2-4306;
2. By any (a) public body for the construction, alteration, repair,renovation or demolition of buildings or structures when the contract is notexpected to cost more than $1.5 million and (b) local governing body on afixed price design-build basis or construction management basis under §2.2-4308 when the contract is not expected to cost more than $1.5 million;
3. By any public body for the construction of highways and any draining,dredging, excavation, grading or similar work upon real property;
4. By any governing body of a locality with a population in excess of 100,000that the Design-Build/Construction Management Review Board has made aone-time determination that the locality has the personnel, procedures, andexpertise to enter into a contract for construction on a fixed price ornot-to-exceed price design-build or construction management basis, providedthat projects undertaken by the local governing body shall be exempt onlyfrom approval of the Design-Build/Construction Management Review Board andshall otherwise be in compliance with the provisions of this section, §2.2-4308, and other applicable law governing design-build or constructionmanagement contracts for public bodies other than the Commonwealth. Theprocedures of the local governing body shall be consistent with the two-stepcompetitive negotiation process established in § 2.2-4301; or
5. As otherwise provided in § 2.2-4308.
E. Upon a determination in writing that there is only one source practicablyavailable for that which is to be procured, a contract may be negotiated andawarded to that source without competitive sealed bidding or competitivenegotiation. The writing shall document the basis for this determination. Thepublic body shall issue a written notice stating that only one source wasdetermined to be practicably available, and identifying that which is beingprocured, the contractor selected, and the date on which the contract was orwill be awarded. This notice shall be posted in a designated public area orpublished in a newspaper of general circulation on the day the public bodyawards or announces its decision to award the contract, whichever occursfirst. Public notice may also be published on the Department of GeneralServices' central electronic procurement website and other appropriatewebsites.
F. In case of emergency, a contract may be awarded without competitive sealedbidding or competitive negotiation; however, such procurement shall be madewith such competition as is practicable under the circumstances. A writtendetermination of the basis for the emergency and for the selection of theparticular contractor shall be included in the contract file. The public bodyshall issue a written notice stating that the contract is being awarded on anemergency basis, and identifying that which is being procured, the contractorselected, and the date on which the contract was or will be awarded. Thisnotice shall be posted in a designated public area or published in anewspaper of general circulation on the day the public body awards orannounces its decision to award the contract, whichever occurs first, or assoon thereafter as is practicable. Public notice may also be published on theDepartment of General Services' central electronic procurement website andother appropriate websites.
G. A public body may establish purchase procedures, if adopted in writing,not requiring competitive sealed bids or competitive negotiation for singleor term contracts for goods and services other than professional services ifthe aggregate or the sum of all phases is not expected to exceed $50,000;however, such small purchase procedures shall provide for competitionwherever practicable. Purchases under this subsection that are expected toexceed $30,000 shall require the written informal solicitation of a minimumof four bidders or offerors.
H. A public body may establish purchase procedures, if adopted in writing,not requiring competitive negotiation for single or term contracts forprofessional services if the aggregate or the sum of all phases is notexpected to exceed $50,000; however such small purchase procedures shallprovide for competition wherever practicable.
I. Upon a determination made in advance by a public body and set forth inwriting that the purchase of goods, products or commodities from a publicauction sale is in the best interests of the public, such items may bepurchased at the auction, including online public auctions. Purchase ofinformation technology and telecommunications goods and nonprofessionalservices from a public auction sale shall be permitted by any authority,department, agency, or institution of the Commonwealth if approved by theChief Information Officer of the Commonwealth. The writing shall document thebasis for this determination. However, bulk purchases of commodities used inroad and highway construction and maintenance, and aggregates shall not bemade by online public auctions.
J. The purchase of goods or nonprofessional services, but not construction orprofessional services, may be made by reverse auctioning. However, bulkpurchases of commodities used in road and highway construction andmaintenance, and aggregates shall not be made by reverse auctioning.
(1982, c. 647, § 11-41; 1985, c. 164; 1986, cc. 332, 559; 1987, c. 456; 1988,cc. 40, 640; 1989, c. 296; 1991, c. 73; 1993, c. 242; 1996, cc. 827, 965,1019; 1999, c. 178; 2000, cc. 637, 647, 664, 692; 2001, cc. 395, 844; 2003,cc. 644, 895; 2004, cc. 706, 874, 906; 2005, c. 394; 2006, cc. 464, 510;2008, c. 78; 2009, c. 123; 2010, c. 567.)
A. All public contracts with nongovernmental contractors for the purchase orlease of goods, or for the purchase of services, insurance, or construction,shall be awarded after competitive sealed bidding, or competitive negotiationas provided in this section, unless otherwise authorized by law.
B. Professional services shall be procured by competitive negotiation.
C. Upon a determination made in advance by the public body and set forth inwriting that competitive sealed bidding is either not practicable or notfiscally advantageous to the public, goods, services, or insurance may beprocured by competitive negotiation. The writing shall document the basis forthis determination.
Upon a written determination made in advance by (i) the Governor or hisdesignee in the case of a procurement by the Commonwealth or by a department,agency or institution thereof or (ii) the local governing body in the case ofa procurement by a political subdivision of the Commonwealth, thatcompetitive negotiation is either not practicable or not fiscallyadvantageous, insurance may be procured through a licensed agent or brokerselected in the manner provided for the procurement of things other thanprofessional services in subdivision 3 b of the definition of "competitivenegotiation" in § 2.2-4301. The basis for this determination shall bedocumented in writing.
D. Construction may be procured only by competitive sealed bidding, exceptthat competitive negotiation may be used in the following instances upon adetermination made in advance by the public body and set forth in writingthat competitive sealed bidding is either not practicable or not fiscallyadvantageous to the public, which writing shall document the basis for thisdetermination:
1. By the Commonwealth, its departments, agencies and institutions on a fixedprice design-build basis or construction management basis under § 2.2-4306;
2. By any (a) public body for the construction, alteration, repair,renovation or demolition of buildings or structures when the contract is notexpected to cost more than $1.5 million and (b) local governing body on afixed price design-build basis or construction management basis under §2.2-4308 when the contract is not expected to cost more than $1.5 million;
3. By any public body for the construction of highways and any draining,dredging, excavation, grading or similar work upon real property;
4. By any governing body of a locality with a population in excess of 100,000that the Design-Build/Construction Management Review Board has made aone-time determination that the locality has the personnel, procedures, andexpertise to enter into a contract for construction on a fixed price ornot-to-exceed price design-build or construction management basis, providedthat projects undertaken by the local governing body shall be exempt onlyfrom approval of the Design-Build/Construction Management Review Board andshall otherwise be in compliance with the provisions of this section, §2.2-4308, and other applicable law governing design-build or constructionmanagement contracts for public bodies other than the Commonwealth. Theprocedures of the local governing body shall be consistent with the two-stepcompetitive negotiation process established in § 2.2-4301; or
5. As otherwise provided in § 2.2-4308.
E. Upon a determination in writing that there is only one source practicablyavailable for that which is to be procured, a contract may be negotiated andawarded to that source without competitive sealed bidding or competitivenegotiation. The writing shall document the basis for this determination. Thepublic body shall issue a written notice stating that only one source wasdetermined to be practicably available, and identifying that which is beingprocured, the contractor selected, and the date on which the contract was orwill be awarded. This notice shall be posted in a designated public area orpublished in a newspaper of general circulation on the day the public bodyawards or announces its decision to award the contract, whichever occursfirst. Public notice may also be published on the Department of GeneralServices' central electronic procurement website and other appropriatewebsites.
F. In case of emergency, a contract may be awarded without competitive sealedbidding or competitive negotiation; however, such procurement shall be madewith such competition as is practicable under the circumstances. A writtendetermination of the basis for the emergency and for the selection of theparticular contractor shall be included in the contract file. The public bodyshall issue a written notice stating that the contract is being awarded on anemergency basis, and identifying that which is being procured, the contractorselected, and the date on which the contract was or will be awarded. Thisnotice shall be posted in a designated public area or published in anewspaper of general circulation on the day the public body awards orannounces its decision to award the contract, whichever occurs first, or assoon thereafter as is practicable. Public notice may also be published on theDepartment of General Services' central electronic procurement website andother appropriate websites.
G. A public body may establish purchase procedures, if adopted in writing,not requiring competitive sealed bids or competitive negotiation for singleor term contracts for goods and services other than professional services ifthe aggregate or the sum of all phases is not expected to exceed $50,000;however, such small purchase procedures shall provide for competitionwherever practicable. Purchases under this subsection that are expected toexceed $30,000 shall require the written informal solicitation of a minimumof four bidders or offerors.
H. A public body may establish purchase procedures, if adopted in writing,not requiring competitive negotiation for single or term contracts forprofessional services if the aggregate or the sum of all phases is notexpected to exceed $50,000; however such small purchase procedures shallprovide for competition wherever practicable.
I. Upon a determination made in advance by a public body and set forth inwriting that the purchase of goods, products or commodities from a publicauction sale is in the best interests of the public, such items may bepurchased at the auction, including online public auctions. Purchase ofinformation technology and telecommunications goods and nonprofessionalservices from a public auction sale shall be permitted by any authority,department, agency, or institution of the Commonwealth if approved by theChief Information Officer of the Commonwealth. The writing shall document thebasis for this determination. However, bulk purchases of commodities used inroad and highway construction and maintenance, and aggregates shall not bemade by online public auctions.
J. The purchase of goods or nonprofessional services, but not construction orprofessional services, may be made by reverse auctioning. However, bulkpurchases of commodities used in road and highway construction andmaintenance, and aggregates shall not be made by reverse auctioning.
(1982, c. 647, § 11-41; 1985, c. 164; 1986, cc. 332, 559; 1987, c. 456; 1988,cc. 40, 640; 1989, c. 296; 1991, c. 73; 1993, c. 242; 1996, cc. 827, 965,1019; 1999, c. 178; 2000, cc. 637, 647, 664, 692; 2001, cc. 395, 844; 2003,cc. 644, 895; 2004, cc. 706, 874, 906; 2005, c. 394; 2006, cc. 464, 510;2008, c. 78; 2009, c. 123; 2010, c. 567.)
