VPPA Flashcards
What is the purpose of the Virginia Public Procurement Act?
To establish Virginia’s public policy relating to the purchase of goods and services by public bodies.
Objectives include:
- Obtaining high quality goods and services at reasonable cost.
- Conducting procurement in a fair and impartial manner without impropriety or the appearance of impropriety.
- Ensuring access by all qualified vendors and that none are excluded arbitrarily or capriciously.
What is Virginia’s centralized electronic procurement program?
eVA
Under VPPA, what is a public body?
Any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law
to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter.
What transactions are covered by the VPPA?
Public contracts with any non-governmental contractor, for the acquisition of goods or services, including: insurance and construction.
Under VPPA, what is a good?
“Goods” means all material, equipment, supplies, printing, and automated data processing hardware and software.
Under VPPA, what is a service?
“Services” means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies.
Under VPPA, what is construction?
“Construction” means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property.
What is consideration under the VPPA?
Can be monetary or non-monetary. Can be provided by the public body, a contractor or a third party.
What are the two primary methods of awarding public contracts under VPPA?
Competitive sealed bidding (ITB)
Competitive negotiation (RFP)
What is competitive sealed bidding (ITB)?
Competitive sealed bidding is a method of contractor selection in which price is the primary determinative factor. Bidders review a set of specifications and offer to provide goods and services for a specific price. The price is delivered in a sealed envelope to be opened publicly on a specific date. The contractor who has submitted the lowest price may receive the
contract. § 2.2-4302.1.
What is competitive negotiation (RFP)?
Competitive negotiation is a method of
contractor selection in which a public body
issues a written Request for Proposals (“RFP”), describing the goods or services proposed to be procured, and identifying the factors that the locality will use to evaluate the relative merits of proposals received from persons or firms (“offerors”). § 2.2-4302.2(A)(1). The RFP must specify a deadline for submission of proposals;
however, sealed envelopes are not required, and the public body is not required to publicly open or announce the proposals.
When is competitive sealed bidding preferable?
For selection of a contractor to provide goods, non-professional services, insurance, and construction.
Construction may only be procured by competitive sealed bidding, with limited exceptions.
How is competitive sealed bidding commenced?
Public body issues a written Invitation to Bid (ITB) containing sufficiently detailed specifications to support award of contract based on price alone with mandatory qualifications.
When must an ITB be advertised?
Within 10 days before the date set for receipt of bids.
How is an ITB awarded?
Bidders submit bids in sealed envelopes by the date set for receipt of bids.
On a date/time/location specified in ITB, bids are publicly opened and announced. Public body need not award contract at the bid opening, but must identify the apparent lowest bidder.
Public body may then take time to determine whether the apparent lowest bidder is both “responsive” and “responsible.”
Once an award is made, public notice must be given in the manner prescribed in the ITB.
