Competitive Negotiations/Awards/Small Professional Service Contracts 3-38

School Board of the City of Virginia Beach
Policy 3-38

BUSINESS AND NONINSTRUCTIONAL OPERATIONS

Competitive Negotiations/Awards/Small Professional Service Contracts

1. Contracting for Non-Professional Services by Competitive Negotiation
   1. Definition of Competitive Negotiations

      Competitive negotiation is a method of source selection which involves individual discussions between the School Division and the offeror on the basis of responses to the school division's request for proposals. The source selection method of competitive negotiation incorporates the applicable provisions of the Virginia Public Procurement Act, Code of Virginia § 2.2-4300, et seq., as amended, in addition to the provisions outlined in this Policy, related policies and regulations and the School Division's Procurement Manual.

   2. Requests for Proposals

      Requests for Proposals (RFP) shall be in writing and indicate in general terms that which is sought to be procured, specifying the factors which will be used in evaluating the proposal and containing or incorporating by reference the other applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of the contractor. If a numerical scoring system will be used in evaluating the proposal, the point system used for such evaluation shall be made part of the RFP.

   3. Public Notice

      At least ten (10) days prior to the date set for receipt of proposals, public notice shall be given by posting in a public area normally used for posting of public notices or by publication in a newspaper of general circulation in the area in which the contract is to be performed, or both. In lieu of public notice in a newspaper of general circulation, the School Division may post the public notice to the Virginia Department of General Services central electronic procurement website. The School Division may, but is not required to, post public notices on applicable websites or other forms of social media.

   4. Evaluation Factors and Award

      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 proposals, including price, if so stated in the request for proposal. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered but need not be the sole determining factor. After negotiations have been conducted with each offeror, the School Division shall award the contract to the offeror which, in the School Division's opinion, has made the best proposal. Should the School Division determine in writing and in its sole discretion that only one offeror is clearly more highly qualified than the others under consideration, or when there is only one highly qualified offeror, a contract may be negotiated and awarded to that offeror.

2. Contracting for Professional Services by Competitive Negotiation
   1. Generally

      Professional services (accounting, actuarial services, architecture, land surveying, landscape architecture, medicine, dentistry, optometry, pharmacy or professional engineering) shall be procured by competitive negotiation in accordance with applicable law in addition to the provisions outlined in this Policy, related policies and regulations and the School Division's Business Services Manual.

   2. Discussion and Award
      1. The purchasing authority shall engage in individual discussions with all offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project as well as alternative concepts. These discussions may encompass non-binding estimates of total project costs, including where appropriate, design and construction and life cycle costs. Methods to be utilized in arriving at price for services may also be discussed.
      2. In accordance with law, proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussion, outlined herein, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process to this point, the purchasing authority shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted beginning with the offeror ranked first. If a contract satisfactory and advantageous to the School Board can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the purchasing authority determine in writing and in its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror.
   3. Exemptions

      Single or term contracts for professional services shall not be subject to the requirement of competitive negotiation where the aggregate or the sum of all phases is not expected to exceed $ 80,000; however, the requester shall provide for competition wherever practicable.

3. Authorized exemptions

   The Chief Finance Officer or designee may authorize exemptions for competitive practices set forth in the policy when such exemption is consistent with exemptions authorized in the Virginia Public Procurement Act. The School Board will be notified of any such exemptions that are granted.

Legal Reference

Code of Virginia § 2.2-3700, et seq., as amended. Virginia Freedom of Information Act.

Code of Virginia § 2.2-4300, et seq., as amended. Virginia Public Procurement Act.

Code of Virginia § 2.2-4302.2, as amended. Process for competitive negotiation.

Code of Virginia § 2.2-4342, as amended. Public inspections of certain records.

Code of Virginia § 2.2-4343, as amended. Exemption from operation of chapter for certain transactions.

Code of Virginia § 2.2-4343, as amended. Exemptions from competition for certain transactions.

Code of Virginia § 11-9.8, as amended. Construction of certain terms of offer to contract; use of experience modification factor prohibited.

Related Links

School Board Policy 3-32
School Board Policy 3-35
School Board Policy 3-39

Adopted by School Board: February 16, 1993
Amended by School Board: August 2, 2000
Amended by School Board: September 3, 2002
Amended by School Board: August 13, 2019
Amended by School Board: August 25, 2020
Amended by School Board: April 22, 2025