§ 43-16. Mandatory provisions of the Virginia Procurement Act., Article IV. Provisions Applicable to All Procurements, Chapter 43. Procurement Policy, Part I. Administrative Legislation, Code of Ordinances, Shenandoah County

Term contracts for architectural and professional engineering services. This statute allows the County to award a contract for architectural or professional engineering services for multiple construction projects that require similar experience and expertise. The statute imposes restrictions on term length and fees. The County may also award contracts to more than one offeror so long as the request for proposal so indicates and procedures are in place for distributing projects among selected contractors. This provision is mandatory only for contracts expected to exceed $60,000. (Code of Virginia, § 2.2-4303.1)

State-aid projects. This section requires competitive sealed bidding or competitive negotiation for projects in which over $50,000 in state funds are expended. (Code of Virginia, § 2.2-4305)

Construction management; design-build projects. This section allows local governments to undertake construction management and design-build projects. Depending upon the type of project, the County must adopt and comply with procedures and standards approved by the Secretary of Administration and the Division of Engineering and Buildings of the Department of General Services. Any person considering a project of this type should consult with the County Attorney. (Code of Virginia, § 2.2-4382)

Employment discrimination by contractors. In any contract of more than $10,000, the County must include language forbidding the contractor from engaging in certain employment discrimination. The County must also require the contractor to include the language in any subcontract or purchase order of more than $10,000. (Code of Virginia, § 2.2-4311)

Brand names. Unless an invitation to bid expressly allows only a certain brand, a bidder may specify alternatives to the brand names mentioned in the invitation. The County can accept any brand that it deems to be equivalent to the specified brand. The County may also limit bidders to a single brand, if it expressly states such a limitation in the invitation to bid. (Code of Virginia, § 2.2-4315)

Prequalification. Prequalification involves bidding in which only selected, or "prequalified," bidders are allowed to bid on a project. The statute governs the method of prequalification. Generally speaking, it is difficult to refuse to prequalify a bidder, although it may be necessary occasionally. Please consult the County Attorney prior to undertaking prequalification. (Code of Virginia, § 2.2-4317)

Withdrawal of erroneous bids. This section allows bidders for a construction contract to withdraw bids that reflect clerical errors. The statute sets forth two different withdrawal procedures, and localities must choose one or the other. The County follows the simpler method under the Code of Virginia, § 2.2-4330(B)(1), which requires that bidders give notice of withdrawal within two business days of the bid opening. The County has five business days to issue a decision on a request to withdraw a bid. (Code of Virginia, § 2.2-4330)

Retainage. Retainage on construction contracts cannot exceed 5%. Additionally, for a few contracts, the County's bid documents must include an option by which the successful bidder can elect to have the retainage placed into an escrow account. This option applies to contracts which i) are greater than $200,000, and ii) relate to the construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, or the installation of water, gas, sewer lines or pumping stations. (Code of Virginia, §§ 2.2-4333 and 2.2-4334)

Damages for delay by governing body. The County cannot require contractors to waive any right to damages caused by the County's delay in performance. (Code of Virginia, § 2.2-4335)

Bonds. For some contracts, bid bonds, performance bonds, and payment bonds are required. The County's adoption of those bond requirements is set forth in Article VI. (Code of Virginia, §§ 2.2-4336 through 2.2-4338)

Professional services. Professional services (except for legal services) must be procured through competitive negotiation where the cost of the professional service is expected to exceed $60,000 in the aggregate. (Code of Virginia, § 2.2-4343(A)(12))

Contracts with religious organizations. This section applies only to projects funded by grants provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (Code of Virginia, § 2.2-4343.1)

Editor's Note: See 42 U.S.C.A. § 601 et seq.

Ethics in public contracting. These sections prohibit kickbacks, conflicts of interest, gifts from bidders, and the purchase of building materials from architects or engineers rendering design services. (Code of Virginia, §§ 2.2-4367 through 2.2-4377)

Public inspection of certain records. With a few exceptions, most documents, contracts and other records related to procurement transactions are open for public inspection in accordance with the Virginia Freedom of Information Act. (Code of Virginia, § 2.2-4342)

Editor's Note: See Code of Virginia, § 2.2-3700 et seq.