The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Best Value Procurement best-value-procurement rosp_category State authority to conduct best value procurement (BVP) raw VA ST § 2.2-4301
“Best value,” as predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body’s needs.
https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4301/ Public Link: Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw VA ST § 2.2-4360
A. Any bidder or offeror, who desires to protest the award or decision to award a contract shall submit the protest in writing to the public body, or an official designated by the public body, no later than ten days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given by the public body in the manner prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit the protest in the same manner no later than ten days after posting or publication of the notice of such contract as provided in § 2.2-4303. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection under § 2.2-4342, then the time within which the protest shall be submitted shall expire ten days after those records are available for inspection by such bidder or offeror under § 2.2-4342, or at such later time as provided in this section. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror.
The written protest shall include the basis for the protest and the relief sought. The public body or designated official shall issue a decision in writing within ten days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within ten days of receipt of the written decision by invoking administrative procedures meeting the standards of § 2.2-4365, if available, or in the alternative by instituting legal action as provided in § 2.2-4364. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation to Bid or Request for Proposal.
B. If prior to an award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The public body shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided.
Where the award has been made but performance has not begun, the performance of the contract may be enjoined. Where the award has been made and performance has begun, the public body may declare the contract void upon a finding that this action is in the best interest of the public. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits.
C. Where a public body, an official designated by that public body, or an appeals board determines, after a hearing held following reasonable notice to all bidders, that there is probable cause to believe that a decision to award was based on fraud or corruption or on an act in violation of Article 6 (§ 2.2-4367 et seq.) of this chapter, the public body, designated official or appeals board may enjoin the award of the contract to a particular bidder.
https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4360/ Public Link: Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw VA ST § 2.2-4301
“Responsive bidder” means a person who has submitted a bid that conforms in all material respects to the Invitation to Bid.
https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4301/ Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw VA ST § 2.2-4301
“Responsible bidder” or “offeror” means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required.
“Responsive bidder” means a person who has submitted a bid that conforms in all material respects to the Invitation to Bid.
https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4301/ Public Link: Yes Contract Claim contract-claim rosp_category Statutory, regulatory, and procedural guidance for contract claims before a specialized body raw VA ST § 2.2-4363(D)
A. Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment. However, written notice of the contractor’s intention to file a claim shall be given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment.
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D. A contractor may not invoke administrative procedures meeting the standards of § 2.2-4365, if available, or institute legal action as provided in § 2.2-4364, prior to receipt of the public body’s decision on the claim, unless the public body fails to render such decision within the time specified in the contract or, if no time is specified, then within the time provided by subsection C. A failure of the public body to render a final decision within the time provided in subsection C shall be deemed a final decision denying the claim by the public body.
https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4363/ Public Link: Statutory Guidance Evaluation Committees evaluation-committees rosp_category The rules concerning the size and composition of evaluation committees for formal solicitations raw Virginia Procurement Manual Annex 7-A
Select and assign a proposal evaluation panel. The evaluation panel should be kept small, three to five is recommended,
including the buyer or some other person knowledgeable of the VPPA, the Vendors Manual and the Agency Procurement and
Surplus Property Manual (APSPM) and at least one subject-matter expert (SME) knowledgeable of the commodity being
procured. Experience has shown that larger panels are unwieldy and make it difficult to coordinate meetings and negotiating
sessions and to reach evaluation decisions. ; Identify 3-5 member panel; incl. buyer, subject-matter expert, contract administrator (7.3)
https://dgs.virginia.gov/globalassets/business-units/dps/documents/apspm/apspm-2022.pdf Public Link 1: 3-5 members, including the buyer, an SME, and a contract administrator; Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw VA ST § 2.2-4300
A. This chapter may be cited as the Virginia Public Procurement Act.
B. The purpose of this chapter is to enunciate the public policies pertaining to governmental procurement from nongovernmental sources, to include governmental procurement that may or may not result in monetary consideration for either party. This chapter shall apply whether the consideration is monetary or nonmonetary and regardless of whether the public body, the contractor, or some third party is providing the consideration.
C. To the end that public bodies in the Commonwealth obtain high quality goods and services at reasonable cost, that all procurement procedures be conducted in a fair and impartial manner with avoidance of any impropriety or appearance of impropriety, that all qualified vendors have access to public business and that no offeror be arbitrarily or capriciously excluded, it is the intent of the General Assembly that competition be sought to the maximum feasible degree, that procurement procedures involve openness and administrative efficiency, that individual public bodies enjoy broad flexibility in fashioning details of such competition, that the rules governing contract awards be made clear in advance of the competition, that specifications reflect the procurement needs of the purchasing body rather than being drawn to favor a particular vendor, and that the purchaser and vendor freely exchange information concerning what is sought to be procured and what is offered. Public bodies may consider best value concepts when procuring goods and nonprofessional services, but not construction or professional services. The criteria, factors, and basis for consideration of best value and the process for the consideration of best value shall be as stated in the procurement solicitation.
https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4300/ Public Link: Central Procurement Office Multistep Competitive Sealed Bidding multistep-competitive-sealed-bidding rosp_category State authority to conduct multistep competitive sealed bidding raw APSPM 6.4-6.6
Two-step competitive sealed bidding is used when it is impractical to
initially prepare a definitive purchase description to support an award based on prices. In such instances an IFB is issued requesting the submission of unpriced technical proposals, to be followed by an IFB for a price, limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation. There is no negotiation in the two-step competitive bid process; however, the agency at its option may request information from bidders to clarify material contained in their technical proposals.
https://dgs.virginia.gov/globalassets/business-units/dps/documents/apspm/apspm-2022.pdf Public Link: Partial Authorization Procurement Website procurement-website rosp_category Official state procurement website for public raw https://eva.virginia.gov/ Public Link: Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw VA ST § 2.2-4302.1. ; VA ST § 2.2-4302.2.
2. Public notice of the Invitation to Bid at least 10 days prior to the date set for receipt of bids by posting on the Department of General Services’ central electronic procurement website or other appropriate websites. ; 2. Public notice of the Request for Proposal at least 10 days prior to the date set for receipt of proposals by posting on the Department of General Services’ central electronic procurement website or other appropriate websites.
https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4302.1/ Public Link 1: https://law.lis.virginia.gov/vacode/title2.2/chapter43/section2.2-4302.2/ Public Link 2: 10 Days State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw https://dgs.virginia.gov/procurement/policy-consulting–review/policy/ Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://law.lis.virginia.gov/vacode Resource Public Link 1: Resource 1: Title 2.2. Administration of GovernmentSubtitle II. Administration of State GovernmentPart B. Transaction of Public BusinessChapter 43. Virginia Public Procurement Act https://law.lis.virginia.gov/admincode Resource Public Link 2: Resource 2: Title 1. AdministrationVac Agency NO. 30. Department of General ServicesDivision of Purchases and Supply State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw https://www.eva.virginia.gov/mandatory-source.html State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw https://eva.virginia.gov/pages/eva-registration-buyer-vendor.htm Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw VA ST § 2.2-2007(A) Chief Information Officer