December 2015 version

Commonwealth of Virginia

VENDORS MANUAL

A Vendor's Guide on

How to do Business with the Commonwealth of Virginia

Revised December 1998

Department of General Services

Division of Purchases and Supply 1111 East Broad Street Richmond, VA 23219

December 2015 version

VENDORS MANUAL DECEMBER 1998 EDITION

INTRODUCTION The Vendors Manual is published under the authority of 2.2-1111 of the Code of Virginia. Its purpose is to set forth rules and regulations applicable to the purchase of nontechnology goods and nonprofessional services by the Commonwealth. The 1998 edition incorporates changes legislated by the General Assembly and also includes a number of editorial changes to improve readability and understanding of the manual. This edition of the Vendors Manual is effective December 1, 1998. It supersedes all previous editions. A complete Vendors Manual containing all changes and a listing of changes made since publication of this edition may be obtained from the Department of General Services (DGS), Division of Purchases and Supply (DPS) on the eVA Internet Home Page (www.eva.virginia.gov) under Vendors Manual on the Vendor tab. Any vendor providing nontechnology goods or nonprofessional services to the Commonwealth should be familiar with the contents of this manual. It generally applies to all state procurements except capital outlay construction (which is subject to the procedures of the Construction and Professional Services Manual) and the procurement of professional services as defined by the Virginia Public Procurement Act (VPPA). Reference made throughout the Vendors Manual to the Department of Information Technology (DIT) or the Department of Technology Planning (DTP) is no longer valid, effective 7/1/03. Guidance for information technology procurements is issued by the Virginia Information Technologies Agency (VITA). Your comments and suggestions for the improvement of state purchasing or this manual are always welcome. Comments should be addressed to:

Procurement Consulting and Review DGS/DPS P. O. Box 1199 Richmond, VA 23218-1199 Telephone: 804-786-0394 Fax: 804-786-5712

__ Donald C. Williams D.B. Smit Director, DGS Deputy Director, DGS

December 2015 version

GENERAL REQUIREMENTS OF VENDORS

PROCUREMENT METHODS

AUTHORITY AND RESPONSIBILITY

Table of Contents

One

1.0 General 1.1 Authority and Responsibility 1.2 Statutory Exemptions 1.3 Administrative Exceptions 1.4 Agency Purchasing Function 1.5 Purchases for Local Governments 1.6 Purchases from Term Contracts (Mandatory Source) 1.7 Purchases from State Agencies or Nonprofit Vendors 1.8 Preferences 1.9 Open Records 1.10 Cooperative Procurement

Two 2.1 Policy 2.2 Exceptions from Competitive Bidding 2.3 Small Purchase Procedures 2.4 Sealed or Formal Bids 2.5 Two-Step Sealed Bidding 2.6 Competitive Negotiation 2.7 Deleted 2.8 Emergency Procurement 2.9 Sole Source Procurement 2.10 Auctioning 2.11 Prequalification

Three 3.1 Application and Registration 3.2 Changes in Registration 3.3 Visits by Vendors 3.4 Vendor Assistance to State Agencies 3.5 Personal Interest and Gifts 3.6 Prohibited Participation 3.7 Responsible Bidder or Offeror 3.8 Responsive Bidder 3.9 Copyright 3.10 Ownership of Artwork, Negatives and Other Submitted Information, etc. 3.11 Deleted

December 2015 version

SOLICITATIONS

SOLICITATION RESPONSES

Three - continued 3.12 Prohibited Contracts 3.13 Subsequent/Additional Bid/Proposal for the Same Procurement 3.14 Virus-free and Accessible Submittals 3.15 Authorization to Transact Business in the Commonwealth 3.16 E-Verify Program

Four

4.1 Selection of Bidders/Offerors 4.2 Response Time 4.3 Prebid or Pre-Proposal Conference 4.4 Receipt of Sealed Bids or Proposals 4.5 Receipt of Unsealed Proposals 4.6 Canceling or Amending a Solicitation 4.7 Combining Responses to Separate Solicitations is Prohibited 4.8 Postage 4.9 Facsimile Bids or Proposals 4.10 Late Bids or Proposals 4.11 Bonds 4.12 Insurance 4.13 Specifications, Questions, and Comments 4.14 Brand Names 4.15 Contractor Registration (License) 4.16 Notice of Pending Procurements

Five 5.1 Solicitation Forms 5.2 Vendor Name and Address 5.3 Signature on Bid or Proposal 5.4 Terms and Conditions 5.5 Pricing and Discounts 5.6 Samples 5.7 Alternate Bids 5.8 Taxes 5.9 Time of Performance 5.10 Questions Concerning Solicitations 5.11 Amending or Withdrawing Bids or Proposals by Vendors 5.12 Alterations to Bids or Proposals 5.13 Mistakes in Bids 5.14 Withdrawal of Bids 5.15 Denial of Withdrawal of Bid

December 2015 version

EVALUATION AND AWARD

PERFORMANCE

CHARGES AND COLLECTIONS

Six 6.0 General 6.1 Evaluation of Bid and Proposals 6.2 Acceptance Period 6.3 Notice of Intent to Award and Notice of Award 6.4 Multiple Awards and Split Awards 6.5 Tie Bids 6.6 Deleted 6.7 Negotiation with the Lowest Responsible Bidder

Seven 7.1 Purchase Order, Authority or Shipment 7.2 New/Used/Altered 7.3 Packaging 7.4 Substitutions 7.5 Loss or Damage in Transit 7.6 Freight 7.7 Delivery 7.8 Receipt of Shipments 7.9 Overshipments/Overruns 7.10 Inspection 7.11 Assignment of Contract 7.12 Contract Renewal or Extension 7.13 Complaints on Vendor's Goods or Services 7.14 Termination for Default 7.15 Cancellation of Purchase Orders and Contracts 7.16 Purchase Order Changes 7.17 Contract Modification Restriction 7.18 Termination for Convenience of the Commonwealth 7.19 Claims 7.20 Debarment 7.21 Ineligibility or Disqualification of Manufacturer 7.22 Debarment Period 7.23 Debarment Notification and Appeal Procedure 7.24 Suspension

Eight 8.1 Separate Agency Records 8.2 Charge Cards for Small Purchases 8.3 Billings and Invoices

December 2015 version

PROTESTS AND APPEALS

DEFINITIONS

Eight - continued 8.4 Partial Payments 8.5 Contractor Payment Assistance 8.6 Prompt Payment of Bills 8.7 Payment Requirements: All Contracts 8.8 Payment by Electronic Funds Transfer

Nine 9.0 General 9.1 Deleted 9.2 Deleted 9.3 Appeal of Ineligibility or Disqualification Determination or Debarment 9.4 Appeal of a Denial of Bid Withdrawal 9.5 Appeal of Nonresponsibility Determination 9.6 Protest of Award or Decision to Award 9.7 Deleted 9.8 Exhaustion of Administrative Procedures. 9.9 Effect of Appeal on Procurement Proceedings 9.10 Time and Place of Hearings 9.11 Deleted 9.12 Hearing Procedures 9.13 Deleted 9.14 Administrative Support 9.15 Board's Decision 9.16 Judicial Review 9.17 Alternative Dispute Resolution

Appendices Appendix A Pages A-1 through A-9 Definitions Appendix B Pages B-1 & B-2 Terms and Conditions & Instructions to Vendors Pages B-3 through B-10 Required General Terms and Conditions

Index

December 2015 version

CHAPTER 1

AUTHORITY AND RESPONSIBILITY

In this Chapter look for . . . 1. General 1.1 Authority and Responsibility 1.2 Statutory Exemptions 1.3 Administrative Exceptions 1.4 Agency Purchasing Function 1.5 Purchases for Local Governments 1.6 Purchases from Term Contracts (Mandatory Source) 1.7 Purchases from State Agencies or Nonprofit Vendors 1.8 Preferences 1.9 Open Records 1.10 Cooperative Procurement 1. General. Public purchasing embraces a fundamental obligation to the general public to ensure

that procurements are accomplished in accordance with the intent of the laws enacted by the appropriate legislative body. The intent of the Virginia General Assembly is set forth in the Virginia Public Procurement Act (VPPA).

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 by 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. (Code of Virginia, 2.2-4300C).

This statement of intent by the General Assembly highlights the use of competition to the maximum feasible degree. Competitive procurement requires time and administrative effort; it does not guarantee that an agency's preferred brand or vendor will be selected. Conducted properly, competitive procurement responds to user needs, results in public confidence in the integrity of public purchasing, and generally brings the most favorable prices.

December 2015 version

The VPPA applies generally to every public body in the Commonwealth which 2.2-4301 of the Code of Virginia defines to include any legislative, executive, or judicial body, agency, office, department, authority, post, commission, committee, institution, board or pol