School Board of the City of Virginia Beach
BUSINESS AND NONINSTRUCTIONAL OPERATIONS
Competitive Sealed Bidding/Awards
A. Lowest Responsible Bidder
In determining the "lowest responsible bidder," in addition to price, the purchasing authority shall consider:
1. The ability, capacity and skill of the bidder to perform the contract or provide the service required;
2. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. The quality, availability and adaptability of the goods, or services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
9. The number and scope of conditions attached to the bid.
B. Negotiation with Lowest Responsible Responsive Bidder if Bids Exceed Available Funding
Unless all bids are canceled or rejected, the school board reserves the right granted by § 2.2-4318 of the Code of Virginia, to negotiate with the lowest responsible, responsive bidder to obtain a contract price within the funds available to the school board whenever the low bid submitted by a responsible, responsive bidder exceeds the school board's available funds. For the purpose of determining when such negotiations may take place, the term "available funds" shall mean those funds which are budgeted by the school board for this contract prior to the issuance of the written invitation to bid. Negotiations with the low bidder may include both modifications of the bid price and the work to be performed. Nothing herein shall prevent the school board from negotiating a price lower than the bid price, but higher than the funds available, as defined above, in the event that additional funds have become available. The school board shall initiate such negotiations by written notice to the lowest responsive, responsible bidder that its bid exceeds the available funds and that the school board wishes to negotiate a lower contract price. The times, places, and manner of negotiating shall be agreed to by the school board and the lowest, responsive, responsible bidder.
Virginia Public Procurement Act § 2.2-4300, et seq.
Opinion of the Attorney General, March 21, 1985
Approved by Superintendent: August 14, 1993
Revised by Superintendent: September 4, 2002