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AN ORDINANCE TO AMEND CHAPTER 12 OF THE CODE OF THE CITY OF
<br />PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 12-171, 12-173,
<br />12-178, 12-182(c), 12-183, 12-212(a), 12-215, 12-217, 12-250(b), 12-253, 12-278, AND
<br />12-280 AND BY ADDING SECTIONS 12-182(d), 12-254 AND 12-255
<br />PERTAINING TO PUBLIC PROCUREMENT AND CONTRACTING.
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<br /> BE IT ORDAINED by the Council of the City of Portsmouth, Virginia:
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<br /> 1. That Sections 12-171, 12-178, 12-182(c), 12-183, 12-212(a), 12-215, 12-
<br />217, 12-250(b), 12-253, 12-278, and 12-280 of the Code of the City of Portsmouth,
<br />Virginia (1988) be amended and reordained to read as follows:
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<br />Sec. 12-171. Purpose of article.
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<br /> The purpose of this article is to increase public confidence in purchasing by the
<br />city, to encourage competition in public purchasing among vendors and contractors, to
<br />administer fairly and equitably purchasing policies among bidders, and to obtain high
<br />quality goods and services for the city at reasonable cost.
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<br /> It is the intent of the General Assembly that competition be sought to the maximum
<br />feasible degree, that procurement procedures involve openness and administrative efficiency, that
<br />individual public bodies enjoy broad flexibility in fashioning details of such competition, that the
<br />rules governing contract awards be made clear in advance of the competition, that specifications
<br />reflect the procurement needs of the purchasing body rather than being drawn to favor a particular
<br />vendor, and that the purchaser and vendor freely exchange information concerning what is sought
<br />to be procured and what is offered. Public bodies may consider best value concepts when
<br />procuring goods and nonprofessional services, but not construction or professional services. The
<br />criteria, factors, and basis for consideration of best value and the process for the consideration of
<br />best value shall be as stated in the procurement solicitation.
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<br />Sec. 12-178. City not to discriminate in soliciting invitations to bid and requests for
<br />proposals or awarding contracts.
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<br /> (a) In the solicitation or awarding of contracts, the city shall not discriminate
<br />because of race, religion, faith-based organization, color, sex, national origin, age,
<br />disability, or any other basis prohibited by state law.
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<br /> (b) In accordance with Section 2.2-4343.1 C. and D. of the Code of Virginia, the
<br />city shall not discriminate against a faith-based organization. The city shall ensure that all
<br />invitations to bid, requests for proposals, contracts, and purchase orders display a
<br />nondiscrimination statement indicating that the city does not discriminate against faith-
<br />based organizations.
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<br />Sec. 12-182. Progress payments and retainage on construction contracts.
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