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Sec. 12-276. -Negotiation for other than professional services generally.
<br />(a) Upon a determination made in advance by the purchasing administrator and set forth
<br />in writing that competitive sealed bidding is either not practicable or not fiscally
<br />advantageous to the public, goods, services or insurance may be procured by
<br />competitive negotiation. The writing shall document the basis for this determination.
<br />(b) Proposals shall be solicited from potential contractors by request for proposals which
<br />shall be in writing and shall indicate in general terns that which is sought to be
<br />procured, specifying the factors which will be used in evaluating the proposal}
<br />indicating whether a numerical scoring system will be used in evaluation of the
<br />proposal, and containing or incornoratin~ by reference the other applicable
<br />contractual terms and conditions includin any unique capabilities specifications or
<br />qualifications that will be required. In the event that a numerical scoring system will
<br />be used in the evaluation of proposals the point values assigned to each of the
<br />evaluation criteria shall be included in the request for proposals or posted at the
<br />location designated for public posting of procurement notices prior to the due date
<br />and time for receiving proposals No request for proposals for construction
<br />authorized by this article shall condition a successful offeror's eligibility on having a
<br />specified experience modification factor
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<br />(c) At least ten days prior to the date set for receipt of proposals, public notice shall be
<br />given by posting the request for proposals on the Virginia Department of General
<br />Services electronic procurement website or other appropriate websites In addition
<br />proposals shall be published in a publication or newspaper of general circulation in
<br />thethe citv.i~ ~,-rl}t;~-~,xr~ x3,. _ ..,,~, ~ ~ - ~*~t„~ ~ ,_, • ~• .. t. >+, • ~•
<br />~~~ _` - ~ '_ . Y~Y°'' ~` b" ~, , ~• - `t- In addition, a proposal
<br />maybe solicited directly from potential contractors.
<br />(d) Selection shall be made of two or more offerors deemed to be fully qualified and best
<br />suited among those submitting proposals, on the basis of the factors involved in the
<br />request for proposals, including price if so stated in the request for proposal.
<br />Negotiations shall then be conducted with each of the offerors so selected. Price shall
<br />be considered, but need not be the sole determining factor. After negotiations have
<br />been conducted with each offeror or offerors so selected, the purchasing
<br />administrator shall select the offeror which, in his opinion, has made the best
<br />proposal, and shall award the contract to that offeror or offerors. When the terms and
<br />conditions of multiple awards are so provided in the request for proposals awards
<br />may be made to more than one offeror Should the purchasing administrator
<br />determine in writing and in his sole discretion that only one offeror is fully qualified,
<br />or that one offeror is clearly more highly qualified than the others under
<br />consideration, a contract may be negotiated and awarded to that offeror. Offerors
<br />shall be accorded fair and equal treatment with respect to any opportunity for
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