Virginia

Key Agency(ies):  

• The Virginia Department of General Services, Division of Purchases and Supply (DPS) is the primary purchasing authority for the Commonwealth of Virginia. DPS also manages procurement of goods, nonprofessional services, and construction of state agencies.
• The Division of Engineering and Buildings manages procurement of construction and professional services for capital outlay projects.
• The Virginia Information Technologies Agency (VITA) oversees information technology procurements.

Key Statute:

• The Virginia Public Procurement Act (VPPA), Va. Code Ann. § 2.2-4300 et seq.

Key Regulations:

• The Agency Procurement and Surplus Property Manual (APSPM) establishes procurement rules for state agencies, including competitive bidding, negotiation, sole source, contract administration, and appeals.

Procurement Types/Highlights:

• Competitive sealed bidding
• Competitive Negotiation
• Small Purchases
• Sole Source Procurement
• Emergency Procurement
• Professional services

Bid Protests:

Eligible Protesters:

• Any actual or prospective bidder or offeror who is aggrieved by a decision to award or the award of a contract may file a protest.

Timeliness Rules:

• Protests must be filed within 10 days of public notice or record availability
• If the protest depends on information in public procurement records, the 10-day period starts when those records are available for inspection.

Protest Process:

• The protest must be in writing, state the basis for the protest, and specify the relief sought.
• The procuring agency must then issue a written decision within 10 days, stating the reasons for the action taken.
• The agency’s decision is final unless the protester appeals within 10 days of receiving the decision.
• The protester may appeal administratively (if the agency has established procedures) or may file legal action in the appropriate circuit court.
• If administrative procedures are invoked, they must be exhausted before going to court (unless the agency agrees otherwise).
• If the protest is upheld before award, the agency must cancel or revise the award.
• If the contract has been awarded but performance has not begun, performance may be enjoined.
• If performance has begun, the agency may declare the contract void if it is in the public interest, but the contractor is compensated for costs incurred (not for lost profits).

Appeals:

• Agencies may establish administrative procedures for appeals of protests, bid withdrawal refusals, disqualifications, and contract disputes
• Judicial review is also available within 30 days of agency decision; further appeal is available to the Virginia Supreme Court.

Claims: 

• Contractor claims must be filed in writing within 60 days of final payment, and written notice is required.
• The agency must render a decision within the contract-specified time or 90 days. Failure to decide is deemed denial.
• Contractor may bring action in a circuit court as well. Sovereign immunity has been waived only for parties in privity of contract with the government.

Suspension & Debarment:

• Agencies may debar contractors from contracting for specific types of supplies, services, or construction for defined periods.
• Grounds for debarment include unsatisfactory performance, violation of contract terms or other reasons specified in agency procedures.
• The agency must have written debarment procedures in place.
• Suspension is a temporary exclusion pending investigation or resolution of an issue.
• The agency must provide notice and opportunity for the contractor to respond.
• The debarment or suspension decision must be in writing and state the reasons for the action.

Interesting/Distinctions: 

• The Virginia Freedom of Information Act allows for strong public access to procurement records compared to most other states.
• Virginia has reciprocal preferences for Virginia and U.S. products, recycled goods, Virginia-mined coal, and energy/water-efficient products.
• Over 42% of purchases in Virginia are targeted for Virginia Department of Small Business and Supplier Diversity-certified small businesses.