Virginia SB 242: Virginia Public Procurement Act; competitive negotiation, exceptions to contractual terms.

Bill Text

VIRGINIAACTSOFASSEMBLY--2024SESSION
CHAPTER705
An Act to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to Virginia Public
Procurement Act; competitive negotiation; exceptions to contractual terms.
[S242]
ApprovedApril8,2024
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4302.2 of the Code of Virginia is amended and reenacted as follows:
§2.2-4302.2. Process for competitive negotiation.
A. The process for competitive negotiation shall include the following:
1. Issuance of a written Request for Proposal indicating in general terms that which is sought to be
procured, specifying the factors that will be used in evaluating the proposal, indicating whether a
numerical scoring system will be used in evaluation of the proposal, and containing or incorporating by
reference the other applicable contractual terms and conditions, including any unique capabilities,
specifications or qualifications that will be required. Except with regard to contracts for architectural,
professional engineering, transportation construction, or transportation-related construction services, a
public body may include as a factor that will be used in evaluating a proposal the proposer's
employment of persons with disabilities to perform the specifications of the contract. In the event that a
numerical scoring system will be used in the evaluation of proposals, the point values assigned to each
of the evaluation criteria shall be included in the Request for Proposal or posted at the location
designated for public posting of procurement notices prior to the due date and time for receiving
proposals. No Request for Proposal for construction authorized by this chapter shall condition a
successful offeror's eligibility on having a specified experience modification factor;
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. Public bodies may also publish in a newspaper of general circulation in the
area in which the contract is to be performed so as to provide reasonable notice to the maximum
number of offerors that can be reasonably anticipated to submit proposals in response to the particular
request. Posting on the Department of General Services' central electronic procurement website shall be
required of (i) any state public body and (ii) any local public body if such local public body elects not
to publish notice of the Request for Proposal in a newspaper of general circulation in the area in which
the contract is to be performed. Local public bodies are encouraged to utilize the Department of General
Services' central electronic procurement website to provide the public with centralized visibility and
access to the Commonwealth's procurement opportunities. In addition, proposals may be solicited
directly from potential contractors. Any additional solicitations shall include certified businesses selected
from a list made available by the Department of Small Business and Supplier Diversity; and
3. For goods, nonprofessional services, and insurance, selection shall be made of two or more
offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of
the factors involved in the Request for Proposal, including price if so stated in the Request for Proposal.
In the case of a proposal for information technology, as defined in § 2.2-2006, a public body shall not
require an offeror to state in a proposal any exception to any liability provisions contained in the
Request for Proposal. Negotiations shall then be conducted with each of the offerors so selected. The
offeror shall state any exception to any contractual terms or conditions, including any liability
provisions contained in the Request for Proposal in writing at the beginning of negotiations, and such at
the time of responding to such Request for Proposal if so requested by the public body. Such exceptions
shall be considered during negotiation but shall not be used as a basis for scoring or evaluating which
offerors are selected for negotiations. Price shall be considered, but need not be the sole or primary
determining factor. After negotiations have been conducted with each offeror so selected, the public
body shall select the offeror which, in its opinion, has made the best proposal and provides the best
value, and shall award the contract to that offeror. When the terms and conditions of multiple awards
are so provided in the Request for Proposal, awards may be made to more than one offeror. Should the
public body determine 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 under consideration, a contract may be
negotiated and awarded to that offeror; or
4. For professional services, the public body shall engage in individual discussions wi