PURCHASING TERMS
All procurement procedures, including those not specifically stated below shall comply with the Virginia Public Procurement Act (VPPA), Chapter 43 of the Code of Virginia. The Hampton Roads Regional Jail has adopted all mandatory sections of the VPPA. Purchase requests are made by a supervisor by submitting properly completed and signed Requisitions (Form # 325), through the chain of command, to the Director of Administration.
Because all Regional Jail Invitations for Bid (IFB) and Requests for Proposal (RFP) are solicited through Demandstar, eVA and are posted on the Regional Jail website, no formal bid list is maintained. However, vendors are encouraged to contact the Administrative Coordinator to discuss the Jail’s needs and the products or services offered by their company.
The level of competition required is determined based on the value of goods or services being procured. The levels are as follows:
SMALL PURCHASES
When the purchase or lease of goods, or the purchase of insurance, construction or non-professional services is less than $50,000, small purchase procedures may be used. Small purchase procedures shall provide for competition wherever practicable. See below for dollar limits for Small Purchases. $0 to $5,000.00 – The purchase or lease of goods or non-professional services requires one (1) informal quote. Informal quotes may made be by telephone, fax, mail or email.
$5,001.00 to 30,000.00 – The purchase or lease of goods or non-professional services requires the solicitation of three (3) or more informal quotes. Informal quotes may be made by telephone, fax, mail or email. $30,001 to $50,000.00 – The purchase or lease of goods or non-professional services requires the solicitation of four (4) or more informal, written quotes. Informal quotes may be made be in writing by fax, mail or email.
Blanket Purchase Orders – The Regional Jail issues Blanket purchase orders (also called Open Purchase Orders) to consolidate small, repetitive purchases from a single supplier. The Hampton Roads Regional Jail maintains an informal list of vendors for small purchases. Awards may be made to more than one bidder.
Awards for tie bids are awarded to persons, firms or corporations having principal places of business in one of the four (4) Cities served by the Regional Jail. If no bidders or more than one bidder is located within one of the four (4) Cities, the bid is chosen by lot.
FORMAL SEALED BIDS
When the purchase or lease of goods, insurance or non-professional services is more than $50,000, Formal Sealed Bid procedures as described below must be used. A written invitation for bid is issued containing specifications and contractual terms and conditions applicable to the procurement.
Public notice is posted for at least 10 days on a bid board located in the main Lobby as well as being posted on DemandStar at www.demandstar.com the Regional Jail Website www.hrrj.org and on the Virginia state-wide eProcurement site www.eva.virginia.gov .
Copies are available upon request. Additional supplemental vendors may be selected to receive notification by fax or email of specific solicitations. All responses must be in a sealed envelope or package with the bid number and title listed on the exterior of the envelope or package. All responses will remain sealed until the date and time specified for the bid opening.
Faxed and emailed bids will not be accepted. Late bids will not be accepted. Bids are opened publicly and read aloud at the specified date and time of the bid opening. After the public reading, all bids will be open for inspection for a reasonable period of time as determined by the Superintendent or his representative. Bids are awarded to the lowest responsive and responsible bidder meeting all terms, conditions, and specifications. Awards may be made to more than one bidder. A minimum cost savings of $100 is preferred before splitting an order between two or more vendors.
Awards for tie bids are awarded to persons, firms or corporations having principal places of business in one of the four (4) Cities served by the Regional Jail. If no bidders or more than one bidder is located within one of the four (4) Cities, the bid is chosen by lot.
The Hampton Roads Regional Jail reserves the right to award by item, groups of items, or total bid; to cancel the bid and reject any and all bids in whole or in part, and to waive informalities in bids if it is determined to be in the best interest of the Regional Jail.
COMPETITIVE NEGOTIATION
If the Regional Jail determines in advance, in writing, that competitive sealed bidding is not practical or fiscally advantageous, goods, insurance, and non-professional services may be purchased using Competitive Negotiation as described in the Virginia Public Procurement Act. A written Request for Proposal is issued containing specifications and contractual terms and conditions applicable to the procurement.
Public notice is posted for at least 10 days on a bid board located in the main Lobby as well as being posted on DemandStar at www.demandstar.com, the Regional Jail Website www.hrrj.org and on the Virginia state-wide eProcurement site www.eva.virginia.gov .
Notice is published in at least one newspaper of general circulation.
Additional supplemental vendors may be selected to receive notification by fax or email of specific solicitations. All responses must be in a sealed envelope or package with the RFP number and title listed on the exterior of the envelope or package. All responses will remain sealed until the date and time specified for the RFP opening. Faxed and emailed proposals will not be accepted. Late proposals will not be accepted.
Proposals are opened publicly at the specified date and time of the bid opening. Two or more offeror’s deemed to be fully qualified among those submitting proposals, based on the factors stated in the Request for Proposal, including price, shall be selected and negotiations will be conducted. The Regional Jail will select the offeror, which in its opinion, has made the best proposal, and shall award the contract to that offeror.
If the Regional Jail determines in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others, a contract may be negotiated and awarded to that offeror. Awards may be made to more than one offeror if so stated in the Request for Proposal.
PROFESSIONAL SERVICES
Professional services include work performed by an independent contractor in the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. Competitive negotiation must be used to procure Professional services whose sum of all phases is expected to exceed $60,000.
However, the procurement of single or term contracts for professional services that are not expected to exceed $60,000 may be done using small purchase procedures described above, wherever practicable. A written Request for Proposal is issued containing specifications and contractual terms and conditions applicable to the procurement.
The Request for Proposal shall not request estimates of man-hours or cost for services.
Public notice is posted for at least 10 days on a bid board located in the main Lobby as well as being posted on DemandStar at www.demandstar.com, the Regional Jail Website www.hrrj.org and on the Virginia state-wide eProcurement site www.eva.virginia.gov .
Notice is published in at least one newspaper of general circulation.
Additional supplemental vendors may be selected to receive notification by fax or email of specific solicitations. All responses must be in a sealed envelope or package with the RFP number and title listed on the exterior of the envelope or package. All responses will remain sealed until the date and time specified for the RFP opening. Faxed and emailed proposals will not be accepted. Late proposals will not be accepted.
Proposals are opened publicly at the specified date and time of the RFP opening. An informal discussion will be held with two or more offeror’s deemed to be fully qualified, responsible and suitable on the basis of the proposal submitted. The offeror may be asked for none binding, total project cost estimates only during the informal discussions. At the conclusion of the discussions, the Regional Jail shall rank in order of preference two or more offeror’s whose professional qualifications and proposed services are deemed most meritorious. Negotiations will begin with the offeror ranked first. If a satisfactory and advantageous contract is negotiated at a fair and reasonable price the award shall be made to that offeror. If a contract cannot be negotiated with the offeror ranked first, negotiations shall be formally terminated and negotiations shall be conducted with the second-ranked offeror, and so on until a contract can be negotiated at a fair and reasonable price.
If the Regional Jail determines in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others, a contract may be negotiated and awarded to that offeror.
SOLE SOURCE
If the Regional Jail determines in writing that there is only one source practicably available for the goods or services required, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. Notice of Sole Source purchases will be published on the Regional Jail Website www.hrrj.org.
EMERGENCY PURCHASES
A contract may be awarded without competitive sealed bidding or competitive negotiation when an event occurs that is of a serious or urgent nature that threatens personal safety, life or property and immediate action is required. A written determination of the basis for the emergency and for the selection shall be included in the file. Notice of Emergency Purchases will be published on the Regional Jail Website www.hrrj.org.
COOPERATIVE PROCUREMENT
The Regional Jail may, at its discretion, participate in, sponsor or conduct or administer a cooperative procurement agreement on behalf of or in conjunction with other public bodies.
EXEMPTION FROM COMPETITION
The following are exempt from competition as listed in the Code of Virginia, VPPA:
Purchase of goods or services performed by the Virginia Department for the Blind,
Nonprofit sheltered workshops or other nonprofit transitional or supported employment services,
legal services,
Industrial development authority or regional industrial facility authority,
And a community development authority.
BRAND NAMES
Unless otherwise provided in the Invitation to Bid, the name of a certain brand, make or manufacturer shall not restrict bidders to the specific brand, make or manufacturer named and shall be deemed to convey the general style, type, character, and quality of the article desired. Any article that the public body in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.
PUBLIC INSPECTION OF RECORDS
All procurement records shall be open for inspection as provided for in the Code of Virginia section 2.2-4342 and the Freedom of Information Act section 2.2-3700.
NON-DISCRIMINATION
Discrimination, as described in the Code of Virginia, VPPA section 2.2-4310, is prohibited. The Hampton Roads Regional Jail does not discriminate on the basis of race, religion, color, sex, national origin, age, disability, status as a service-disabled veteran, or any other basis prohibited by state law.
DISCRIMINATION IN EMPLOYMENT
Discrimination by a contractor as described in the Code of Virginia, VPPA section 2.2-4311 is prohibited.
FEDERAL IMMIGRATION LAW
A contractor shall not knowingly employ unauthorized alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.
DRUG-FREE WORKPLACE
Contractors must maintain a drug-free workplace as required in the Code of Virginia, VPPA section 2.2-4312.
PROMPT PAYMENT
All contractors doing business with the Hampton Roads Regional Jail must adhere to the requirements of the prompt payment clause as stated in the Code of Virginia, VPPA section 2.2-4354 and 2.2-4355.
AWARD PROTESTS AND CONTRACT DISPUTES
A protest of award or decision to award must be submitted and will be resolved in accordance with the Code of Virginia, VPPA section 2.2-4360-4362. Contractual disputes must be submitted and will be resolved in accordance with VPPA section 2.2-4363.
BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA
The Hampton Roads Regional Jail shall include in every written contract a provision that a contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law in accordance with the Code of Virginia, VPPA, section 2.2-4311.2
ETHICS IN PUBLIC PROCUREMENT
The staff members of the Hampton Roads Regional Jail hold to the highest standards of fairness and integrity in the performance of their work. All provisions in Article 6 of the VPPA, Ethics in Public Contracting, of the Code of Virginia, are adhered to.
