§ 43-30. Competitive sealed bidding.

A. 

When used. Competitive sealed bidding ("CSB") may be used for any type of contract, except for professional services. In addition, it must be used to procure construction unless i) the County makes a written determination that CSB is not practicable or is not fiscally advantageous, and ii) the project is a design-build project, construction management project, or is for construction of highways or any drainage, dredging, excavation, grading, or similar work upon real property.

B. 

Process. CSB consists of the following:

(1) 

Contract file. The first step of CSB is the opening of a contract file that will include all documents pertaining to the procurement. The file is open for public inspection and should be retained for at least five years. (Note that bidders can designate portions of their bids as proprietary under the Code of Virginia, § 2.2-4342, to shield those portions from public disclosure. If questions arise as to whether the public should be allowed access to a particular bid, consult the County Attorney.)

(2) 

Invitation to bid. The invitation to bid ("ITB") is the most critical part of the competitive sealed bidding process. The ITB should be a specific and complete expression of the County's needs with respect to a certain contract. The invitation should specify a date and time for the opening of bids and a later date and time for the awarding of the contract. It is also important that the ITB contain the appropriate disclaimers and legal provisions. Form 1.1 covers some of the basic issues, but can be tailored to a particular situation.

(a) 

Prequalification and debarment.

[1] 

Some potential bidders may not be allowed to bid. Any process utilized by the County to prequalify potential bidders must conform to the provisions of the Code of Virginia, § 2.2-4317.

[2] 

Debarment is a little different. If prequalification is a method used to put good apples in a barrel, debarment is a method used to take rotten apples out of the barrel. If, for example, the County learns that one of the construction firms on its construction source list has been involved in the commission of fraud in the performance of a public contract, debarment should be initiated. The debarment process is set forth in greater detail in § 43-41.

[3] 

Prequalification and debarment are legally significant actions. The County Attorney should be consulted before undertaking either one.

Editor's Note: Said Form is on file in the County offices.

(3) 

Advertisement and posting. Notice of the ITB should be advertised and posted at least 10 days before the date set for opening bids. Form 1.2 may be used for this purpose. The notice should be published in any newspaper of general circulation and may be posted in the County office, the County website, and the Department of General Services' central electronic procurement website. Bids may also be solicited directly from potential contractors.

Editor's Note: Said Form is on file in the County offices.

(4) 

Clarifications and revisions. Potential bidders may submit questions or comments concerning the job specifications in writing. It is not per se improper to receive such comments or questions verbally. However, any response should be in the form of an addendum issued to all known potential bidders.

(5) 

Bid opening. Bids are opened and announced publicly at the time and place stated in the ITB. The contract file remains open and available for public inspection (except with respect to proprietary information, as described above). Generally speaking, the contract should not be awarded at the bid opening.

(6) 

Evaluation of the bids. It is important to remember that the bids need not be evaluated on cost alone. In determining the lowest responsible bidder, in addition to price, the Purchasing Agent shall consider:

(a) 

The ability, capacity and skill of the bidder to perform the contract or provide the service required.

(b) 

Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

(c) 

The character, integrity, reputation, judgment, experience and efficiency of the bidder.

(d) 

The quality of the bidder's performance of previous contracts.

(e) 

The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.

(f) 

The quality, availability and adaptability of the goods or services to the particular use required.

(g) 

The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

(h) 

The number and scope of conditions attached to the bid.

(i) 

Any additional criteria set forth in the ITB.

(7) 

Negotiation with lowest bidder. Negotiations with the lowest responsible bidder are allowed when the low bid exceeds available funds for the procurement. The amount of funds available for any given procurement should be established conservatively in advance. The negotiations should be conducted in accordance with the following procedures:

(a) 

The Purchasing Agent shall advise the lowest responsible bidder, in writing, that the low bid exceeds available funds for the procurement. He or she may suggest a reduction in scope for the proposed purchase and invite the lowest responsible bidder to amend its bid proposal.

(b) 

Repetitive informal discussions may be conducted with the lowest responsible bidder for purposes of obtaining a contract within available funds.

(c) 

The lowest responsible bidder may submit an addendum to its bid that includes the change in scope for the proposed purchase, the reduction in price, and the new contract value.

(d) 

If the proposed addendum is acceptable to the County, the Purchasing Agent should award a contract within available funds to the lowest responsible bidder based upon the amended bid.

(e) 

If the Purchasing Agent and the lowest responsible bidder cannot negotiate a contract within available funds, all bids should be rejected.

(8) 

Awarding the contract.

(a) 

The purchasing agent awards the contract. The contract should ordinarily be awarded to the lowest responsive and responsible bidder. Contracts may be awarded to more than one bidder if the ITB so provides. When an award is not given to the lowest responsive and responsible bidder, the Purchasing Agent shall prepare written explanation for the award and place it in the contract file.

(b) 

The contract may be awarded with a simple letter informing the successful bidder that its bid has been accepted. Any details left open in the bid documents — for instance a start date — should be addressed in the letter. At times, it might be appropriate to draft and sign a more formal contract document. Please contact the County Attorney if you believe such a document is warranted.