PROCUREMENT POLICY Originally Adopted April 1983 Revised: February 26, 2014

Transcription

1 PROCUREMENT POLICY Originally Adopted April 1983 Revised: February 26, 2014

2 Table of Contents PREFACE... 3 I. INTRODUCTION... 4 II. GENERAL... 4 A. Purpose... 4 B. Applicability... 5 C. Delegation of Authority... 5 D. Unauthorized Purchases and Disposals... 5 E. Ethics... 6 F. General Authority... 6 G. Small, Women-, Minority- and Service Disabled Veteran - Owned Business Program... 6 III. METHODS of PROCUREMENT A. Small Purchases... 7 B. Competitive Sealed Bidding... 7 C. Competitive Negotiation... 7 D. Sole Source... 9 E. Emergency... 9 F. Cooperative Procurement Agreements... 9 G. Virginia Public Private Education Facilities and Infrastructure Act of 2002 (PPEA)... 9 IV. CONTRACTS A. Contract Administration B. Modification of Contract C. Legal Review of Certain Contracts D. Contractual Disputes E. Debarment F. Protest of Award or Decision of Award G. Tie Bids H. Prequalification V. PUBLIC ACCESS TO PURCHASING INFORMATION VI. SURPLUS PROPERTY A. Authority and Responsibility B. Authorization to Sell or Transfer ATTACHMENT 1 SUMMARY OF PROCUREMENT POLICIES REFERENCES A. Virginia Public Procurement Act (VPPA) B. Virginia Conflict of Interest Act (VCIA) C. Virginia Freedom of Information Act (VFOIA) D. Virginia Public Private Education Facilities and Infrastructure Act of 2002 (PPEA) E. Loudoun Water Design-Build or Construction Management Contracts Procedures F. Loudoun Water Prequalification Process for Construction Project Revised February 26,

3 LOUDOUN WATER PROCUREMENT POLICY PREFACE October 1, 2013 Edition/Revision The purpose of the following policy is to ensure compliance with the Code of Virginia, et seq., the Virginia Public Procurement Act (VPPA), as amended, and to effectuate the purposes of those statutes with regard to procurement of goods, services, insurance and construction and to provide procedures for the disposal of surplus property. Loudoun County Sanitation Authority (DBA Loudoun Water) previously adopted through resolution in April 1983, the Purchasing Policies and Procedures. The Purchasing Policies and Procedures were revised in June 1999, November 2005, September 2006, July 14, 2011, September 8, 2011, and October 1, The, September 2013 revision, sets forth the policies to be followed by Loudoun Water employees, in fulfilling procurement responsibilities within their delegated limits. The Procurement Manager may from time to time issue directives or memoranda which are effective until a revision is made to the Policy. This Policy was written for the use of Loudoun Water personnel in executing purchasing transactions. Comments, suggestions, and questions of interpretation of this policy should be addressed to the Loudoun Water Procurement Department. Deborah Leuck Manager of Reporting & Procurement Revised February 26,

4 LOUDOUN WATER PROCUREMENT POLICY ADOPTED: April 1983 REVISED: June 1999 REVISED: November 2005 REVISED: September 2006 REVISED: July 14, 2011 REVISED: September 8, 2011 REVISED: September 13, 2012 REVISED: October 1, 2013 I. INTRODUCTION The Procurement Policy has been prepared for employees of Loudoun Water to process their purchasing needs and to structure procurement procedures in order to obtain the goods and services necessary to operate Loudoun Water in an economical, legal and effective manner, while always seeking ways to gain the maximum value for each dollar spent. This policy may be amended, altered or repealed by the Board, as it shall deem appropriate. When this Policy does not specifically address a procurement issue, the issue will be resolved in accordance with the applicable section of the Code of Virginia. The purchasing function shall be administered in an ethical manner that allows all responsible suppliers to be considered. Supplier(s) shall be awarded the business of Loudoun Water based on the price, quality, and services rendered. The goods and services to fulfill the needs of Loudoun Water should be selected with great care in order to achieve maximum savings and values. II. GENERAL A. Purpose. The policies contained herein are adopted pursuant to the VPPA et seq. as amended, to effectuate the purposes of those statutes with regard to procurement of goods, services, insurance and construction for Loudoun Water and the disposal of surplus property. Public procurement embraces a fundamental obligation to the general public to ensure that procurements are accomplished in accordance with the intent of the laws enacted by the appropriate legislative body. The intent of the Virginia General Assembly is set forth in the VPPA et seq.: "To the end that public bodies in the Commonwealth obtain high quality goods and services at reasonable cost, that all procurement procedures be conducted in a fair and impartial manner with avoidance of any impropriety or appearance of impropriety, that all qualified vendors have access to public business, and that no offeror be arbitrarily or capriciously excluded, it is the intent of the General Assembly that competition be sought to the maximum feasible degree, that individual public bodies enjoy broad flexibility in fashioning details of such competition, that the rules governing contract awards be made clear in Revised February 26,

5 advance of the competition, that specifications reflect the procurement needs of the purchasing body rather than being drawn to favor a particular vendor, and that purchaser and vendor freely exchange information concerning what is sought to be procured and what is offered". Since competition is sought to the maximum feasible degree, when conducted fairly and honestly, competitive procurement does not guarantee that a preferred brand or vendor will be selected: instead, that the most favorable prices will be obtained for that quality level which is specified. B. Applicability. This policy shall apply to every expenditure of funds Loudoun Water, by or on behalf of the Board or any Department, for the procurement of any goods, services, insurance, or construction, except as otherwise provided by law or this policy. All purchases must be made within the constraints of the annual budget approved by the Board and in accordance with Loudoun Water s budget guidelines. Nothing contained in this policy shall prevent compliance with the terms and conditions of any grant, gift, bequest or cooperative agreement. When purchasing goods, services, or construction involving the expenditure of federal assistance or grant funds, the procurement shall also be conducted in accordance with any applicable mandatory federal law and regulation which is not reflected in this policy. C. Delegation of Authority. The Board delegates the procurement responsibility to the General Manager or his designee subject to the limitations and terms included in this policy. The General Manager designates the Procurement Manager to be responsible for procurement and for disposal of surplus property. The Procurement Manager serves as the purchasing agent for Loudoun Water. The Procurement Manager may delegate authority to purchase certain goods, services, or construction items to other employees or public bodies, if such delegation is deemed necessary for the effective procurement of those items. The Procurement Manager shall prescribe methods, regulations, and procedures for conducting procurement, and shall interpret and administer the applicable laws and regulations in accordance with this Policy. The Procurement Manager shall ensure the procurement transactions are conducted in a fair and impartial manner, that competition be promoted and that the best interests of Loudoun Water be served. D. Unauthorized Purchases and Disposals. No person shall have the authority to bind Loudoun Water or any Department to any contract, except as provided by this policy. Any work or purchase executed by a Loudoun Water employee or Department without an approved purchase order or contract or without going through the complete and proper approval process shall be considered unauthorized. Revised February 26,

6 The Procurement Department shall not be held responsible for any unauthorized procurement or disposal of surplus property that was not properly initiated or approved. Payment for any unauthorized purchase may be deemed to be the personal responsibility of the individual who made the purchase or commitment. E. Ethics. The Procurement Department staff and all Loudoun Water employees, whether compensated or non-compensated, to include contracted staff, engaged in procurement activities are subject to and should be generally familiar with the provisions of the Virginia Conflict of Interests Act and with the provisions of the VPPA, relative to ethics in public contracting. In accordance with the VPPA, solicitation or acceptance of gifts from bidders, offerors, contractors, or subcontractors is prohibited. No official or employee shall have a personal interest in a transaction or contract if such interest is prohibited by the Virginia Conflict of Interests Act. F. General Authority. Loudoun Water reserves the right to accept, reject or cancel any or all solicitations or parts thereof, to waive informalities, and to reissue solicitations. Loudoun Water also reserves the right to award the contract as it deems will best serve its interests. It further reserves the right to award the contract on a lump sum basis, individual item basis, or such combination as shall best serve the interests of Loudoun Water. This may include multiple awards if provided for in the solicitation. G. Small, Women-, Minority- and Service Disabled Veteran - Owned Business Program. Purchasing procedures consistent with this policy shall be used that will facilitate the participation of small businesses and businesses owned by women and minorities in procurement transactions in accordance with the VPPA, B. Loudoun Water will undertake every reasonable effort to increase the opportunity for participation in the procurement process by small, minority-, women- and service disabled veteran- owned firms. To this end, the Department of Procurement will: 1. Ensure that small, minority-, women- and service disabled veteranowned businesses have the maximum practicable opportunity in every procurement. 2. Make small, minority, women- and service disabled veteran- owned firms aware of Loudoun Water procurement policies. 3. Participate in training seminars for the purpose of informing small, minority-, women- and service disabled veteran- owned bidders of the procurement opportunities and procedures. Revised February 26,

7 4. Initiate other actions, as appropriate, to increase the opportunity for the involvement of small, minority-, women- and service disabled veteran- owned firms in Loudoun Water s procurement process. 5. Participate to the maximum extent possible in all local and regional small, minority-, women- and service disabled veteran- owned purchasing fairs. 6. Cooperate with the Department of Minority Business Enterprise, the United States Small Business Administration, and other public or private agencies. III. METHODS of PROCUREMENT. A. Small Purchases. The Public Procurement Act permits a public body to establish small purchase procedures, if adopted in writing, not requiring the use of competitive sealed bidding or competitive negotiation for single or term contracts for goods and services other than professional services if the aggregate or sum of all phases is not expected to exceed $100,000, however, such small purchase procedures shall provide for competition wherever practicable in accordance with the VPPA, The following small purchase procedures have been established by Loudoun Water, to be used when acquiring goods, supplies and equipment, printing or nonprofessional services under $100,000: 1. Purchases up to $5,000 No competition is required; however, one verbal or written quote is required. 2. Purchases between $5,000 to $30,000 Three (3) written price quotes are required. 3. Purchases over $30,000 to $100,000 A written informal solicitation to four (4) vendors is required. 4. Purchases over $100,000 for goods and non-professional services, competitive sealed bidding is the preferred method of acquisition. B. Competitive Sealed Bidding. Competitive sealed bidding is a method of contractor selection, other than for professional services. Utilizing a solicitation document referred to as an Invitation to Bid (IFB). The preferred method for acquiring goods, and nonprofessional services for use when the estimated cost is over $100,000. Award is made to the lowest responsive and responsible bidder. C. Competitive Negotiation. The VPPA requires the use of competitive negotiation for the procurement of all professional services. Revised February 26,

8 Competitive negotiation may be the procurement method used for goods and nonprofessional services when it is not practicable or fiscally advantageous to use competitive sealed bidding in accordance with the VPPA, & C. 1. Competitive negotiation is the method of contractor selection, utilizing a solicitation document referred to as a Request for Proposal (RFP). RFP s are typically used for complex or technical goods and services, valued at $100,000 or greater, where specifications or scope of work cannot be clearly defined, or when negotiation is advantageous, and contract award is based on evaluation criteria stated in the RFP. 2. The award will be made to the responsible Offeror(s) whose proposal, confirming to the solicitation is the most advantageous and represents the Best Value to Loudoun Water, costs and other factors considered. Competitive Negotiation includes the following elements: a) Issuance of a written Request for Proposal indicating in general terms that which is sought to be procured, specifying the factors that 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 that will be required of the offeror. b) An evaluation committee will be formed prior to the deadline for submitting proposals. The evaluation committee will be chaired by the Procurement Department, or as may otherwise be agreed upon. The Procurement Department is responsible for all communications between Loudoun Water and prospective Offerors for matters pertaining to solicitation, unless otherwise agreed upon. 3. Procurement of professional services (accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering) shall be obtained through Competitive Negotiations. Professional services by definition will be that as outlined in the VPPA. 4. A contract for architectural or professional engineering services relating to construction projects may be negotiated for multiple projects and for multiple years, subject to the limitations in accordance with the VPPA, Revised February 26,

9 5. Competitive Negotiation may be the procurement method used for goods and non-professional services when it is not practicable or fiscally advantageous to use competitive sealed bidding in accordance with the VPPA, C. A determination to that effect must be made prior to the creation of the RFP and included in the Procurement Department s file. 6. Procurement of Design-Build or Construction Management Contracts a) While the competitive sealed bid process remains the preferred method of construction contracting at Loudoun Water, Loudoun Water may enter into a contract for construction on a fixed price or not-to-exceed price designbuild or construction management basis in accordance with the VPPA, b) Loudoun Water has incorporated in Reference E, the approved procedures for the use of construction management and design build contracts. D. Sole Source. A sole source procurement is authorized when there is only once source practicably available for the goods or services required. A written determination shall be made part of the Procurement file. E. Emergency. An emergency is an occurrence of a serious and urgent nature that demands immediate action. An emergency exists when there is a breakdown in service provided by Loudoun Water, or in the event supplies are needed for immediate use in work which may be essential to, or may vitally affect, the public health, safety, or general welfare. A written determination shall be made part of the Procurement file. F. Cooperative Procurement Agreements. Loudoun Water may participate in, sponsor, conduct, or administer a cooperative procurement agreement on behalf of or in conjunction with one or more other public bodies, or public agencies or institutions or localities of the several states of the United States or its territories, the District of Columbia, or the U.S. General Services Administration, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services in accordance with the VPPA, Cooperative procurement may not be used for contracts for architectural and engineering services. G. Virginia Public Private Education Facilities and Infrastructure Act of 2002 (PPEA). On November 10, 2005, the Board approved the use of PPEA provisions for utility projects, as an authorized procurement Revised February 26,

10 method. The PPEA grants responsible public entities the authority to create public-private partnerships for the development of a wide range of projects for public use if the public entities determine there is a need for the project and that private involvement may provide the project to the public in a timely or cost-effective fashion. IV. CONTRACTS A. Contract Administration. The General Manager or his designee shall award and/or amend all contracts in accordance with this policy and the VPPA, as amended, without further approval. All construction and professional services contracts for $100,000 or more must be approved by the Board. The Procurement Department or designee, awards the contract or purchase order and is therefore responsible for maintaining all records relating to that contract. B. Modification of Contract. In accordance with the VPPA , a public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the General Manager or his designee and a resolution of the Board. In no event may the amount of any contract be increased for any purpose, including, but not limited to relief of an offeror from the consequences of an error in its bid or offer. C. Legal Review of Certain Contracts. All contracts resulting from competitive sealed bids or competitive negotiations, or non-standard forms, shall be in the form approved by Loudoun Water s attorney prior to execution, except where the contract is a lawful renewal of an existing Contract to which there has been no material change. Contracts or purchase orders shall be reviewed by Loudoun Water s Attorney at the request of the Procurement Manager. D. Contractual Disputes. Unless otherwise specified in a contract with Loudoun Water, the following shall apply to contractual disputes: 1. A Contractor shall give written notice to the Procurement Manager of its intent to file a claim for money or other relief within ten (10) calendar days of the occurrence or the beginning of the work upon which the claim is to be based, or when the Contractor has submitted a Proposed Change Order (PCO), within ten (10) calendar days of the rejection of Contractor s PCO. Revised February 26,

11 2. The written claim shall be submitted to the Procurement Manager no later than sixty (60) days after final payment. 3. The Contractor may not institute a legal action prior to the receipt of the General Manager s final written decision on the claim unless the General Manager fails to render a decision within ninety (90) days of receipt of the appeal. Failure of Loudoun Water to render a decision within the time frames outlined above shall not result in the Contractor being awarded the relief claimed or in any other relief of penalty. The sole remedy for Loudoun Water s failure to render a decision within the time frames above shall be the Contractor s right to institute immediate legal action. A failure of Loudoun Water to render a final decision within the above time frames shall be deemed a final decision denying the claim by Loudoun Water. The decision of the General Manager shall be final and conclusive unless the contractor appeals by instituting legal proceedings in accordance with the VPPA, E. Debarment. Debarment is action by Loudoun Water to exclude individuals or firms from contracting with Loudoun Water for a specified period of time. The following actions are causes that may result in debarment: 1. Unsatisfactory performance on a contract with a public body, including but not limited to, failure to comply with contract terms and conditions or to meet specification/scope of services requirements. 2. Offering any gift, gratuity, favor, or advantage to any Loudoun Water employee who exercises official responsibility for procurement transactions. 3. Failing to disclose a condition constituting a conflict of interest by any officer, director, owner, partner, or agent of the vendor in a contract or purchase order awarded by Loudoun Water. 4. Conviction of any officer, director, owner, partner, or agent of the vendor of any criminal offense involving public contracting. 5. Court judgment finding a violation of Federal or State antitrust laws. 6. Conviction of any criminal offense, or a judgment in civil litigation, which indicates a lack of moral or business integrity. During the period of debarment, a vendor will not be eligible to receive solicitations, contract awards, or have contracts renewed or extended. Revised February 26,

12 Debarment shall be for a period of one (1) year, except that debarment for paragraphs 4, 5, and 6 shall be for a period of three (3) years. It is the vendor's responsibility to request reinstatement at the end of the debarment period. F. Protest of Award or Decision of Award. 1. Any bidder or offeror may protest the award or decision to award a contract by submitting a protest in writing to the Procurement Manager no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Public notice of the award or the announcement of the decision to award shall be given in the manner prescribed by the VPPA. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit the protest in the same manner no later than ten (10) days after posting or publication of the notice of such contract. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction that are subject to inspection as stated in the VPPA , then the time within which the protest shall be submitted shall expire ten (10) days after those records are available for inspection by such bidder or offeror, or at such later time as provided in this section. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The Deputy General Manager of Finance shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals by instituting legal action as stated in the VPPA If, prior to award, it is determined the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The Procurement Manager shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined than an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made and performance has begun, the Procurement Manager may declare the contract void upon a finding that this action is in the best interest of Loudoun Water. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contract be entitled to lost profits. Revised February 26,

13 3. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this article shall not be affected by the fact that protest or appeal has been filed. 4. An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire. G. Tie Bids. In the case of a tie bid, preference shall be given to goods, produced in Loudoun County, goods or services or construction provided by Loudoun County persons, firms or corporations. In the event there is no Loudoun County Bidder, a preference shall be given to a Virginia Bidder. In the event there is no Loudoun County or Virginia Bidder, or this does not resolve the tie, a written determination shall be made and award may be made by coin toss. H. Prequalification. The Procurement Manager, or designee, may conduct a prequalification process for particular types of supplies, services, insurance or construction, and consideration of bids or proposal limited to prequalified contractors in accordance with the VPPA, The purpose of such prequalification shall be to limit prospective bidders for the specific construction project to contractors who demonstrate themselves to be qualified to construct the project. When the prequalification process is used for a project, only contractors who have complied with the prequalification process and have been determined qualified will be eligible to submit bids for the project. 2. Loudoun Water has incorporated in Reference F, the approved procedures for the use of construction management and design build contracts. V. PUBLIC ACCESS TO PURCHASING INFORMATION Except as provided herein, all proceedings, records, contracts and other public records pertaining to purchasing transactions shall be open to inspection by any citizen or any interested person, firm, or corporation in accordance with the Virginia Freedom of Information Act, subject to the following: A. Unless made public by Loudoun Water, cost estimates relating to a proposed transaction prepared by or for Loudoun Water shall not be open to public inspection in accordance with the VPPA, B. Revised February 26,

14 B. Any bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after opening and evaluation of bids, but prior to award, except in the event Loudoun Water decides to reject all bids or offers and rebid in accordance with the VPPA, C. Information read aloud at a public bid opening will be furnished upon request. C. Any offeror who responds to an RFP, upon request shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiation of proposal are complete but prior to award, except in the event Loudoun Water decides not to accept any of the proposals and to resolicit. D. Bids and proposal records shall be open to the public only after award. E. Any inspection of procurement records shall be subject to reasonable restrictions to ensure the security and integrity of the records. F. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction should not be subject to public disclosure under VFOIA. However, the bidder, offeror or contractor must invoke the protection of this section prior to, or upon submission of, the data or materials and must identify the data or materials to be protected stating the reasons why protection is necessary. G. Other Exemptions from Public Inspection. Unless made public by Loudoun Water, plans and information the disclosure of which would jeopardize the safety of any person or the security of any governmental facility, building or structure may be exempt from public inspection subject to the requirements of Section of VFOIA. H. Small Purchase Records. Unsealed bids and unsealed proposal records shall be open to the inspection of any citizen, or any interested person, firm or corporation in accordance with the Virginia Freedom of Information Act only after award of the contract. VI. SURPLUS PROPERTY A. Authority and Responsibility Loudoun Water has designated the Procurement Manager as the surplus property officer who is responsible for all matters pertaining to Loudoun Water surplus property. The Procurement Manager is responsible for the distribution of information concerning disposal procedures and related surplus property information. Departments are encouraged to transfer needed property from one activity to another within Loudoun Water. The Procurement Manager is responsible for coordinating the transfer of surplus property from one Revised February 26,

15 department to another. Continual and prompt disposal of unneeded items is dependent on informed people. B. Authorization to Sell or Transfer. Upon receipt of a written request, the Procurement Manager may authorize a department to transfer or sell a particular item to another governmental entity when this appears to be in Loudoun Water s best interest. Revised February 26,

16 ATTACHMENT 1 SUMMARY OF PROCUREMENT POLICIES Goods Value = aggregate or the sum of all phases is not expected to exceed Non Professional Services* Up to $5,000 Up to $5,000 $5,000 to $30,000 $30,000 to $100,000 $5,000 to $30,000 $30,000 to $100,000 $100,000+ $100,000+ Emergency (Health or safety or equipment in jeopardy) Emergency Procedure One (1) verbal or written quote required. Departments submit Requisition to Procurement. Term Contracts may be utilized. Three (3) written quotes must be obtained. Departments submit Requisition to Procurement. Approximate lead time is 15 days. A written informal solicitation of a minimum of four (4) sources up to $100,000. Division submits Requisition to Procurement. Approximate lead time is 15 days. Obtain approval of the Division Director. Departments submit Requisition to Procurement. Procurement issues a sealed solicitation, advertises, evaluates responses, and submits resolution request for Board approval prior to award, if the goods or services were not previously approved in the budget process. Competition required, if possible. Written justification must be documented in the file. Public posting is required. An Emergency Justification Form is required for the contract file. Award Approval Division Division Division Procurement except for Construction >$100,000, Board <$50,000 Procurement Manager >$50,000 General Manager Sole Source Sole Source Requires written (factual data) justification. Requires written quote from vendor if less than $50,000. Negotiate if possible. Public posting is required. A Sole Source Justification Form is required for the contract file. Note: If more than 50% of the purchase is for labor charges, the purchase is considered a non professional service. <$50,000 Procurement Manager >$50,000 General Manager Professional Services -(accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering) <$60,000 >$60,000 to $100,000 >$100,000 Procedure Competitive negotiations process with the issuance of an RFP or through cooperative procurement (rider) except for architectural and engineering. Competitive negotiations process with the issuance of an RFP. Competitive negotiations process with the issuance of an RFP. Award Approval General Manager or Procurement Manager General Manager or Procurement Manager Board Revised February 26,

17 REFERENCES: A. Virginia Public Procurement Act (VPPA) A copy of the VPPA may be accessed by clicking the following link: VPPA online. B. Virginia Conflict of Interest Act (VCIA) A copy of the VCIA may be accessed by clicking the following link: VCIA online.. C. Virginia Freedom of Information Act (VFOIA) A copy of the VFOIA may be accessed by clicking the following link: VFOIA online. D. Virginia Public Private Education Facilities and Infrastructure Act of 2002 (PPEA) A copy of the PPEA may be accessed by clicking the following link: PPEA online. E. Loudoun Water Design-Build or Construction Management Contracts Procedures - A copy of the Board of Directors procedures may be accessed by clicking the following link: Design-Build Procedures for Loudoun Water. F. Loudoun Water Prequalification Process for Construction Project - A copy of the Board of Directors procedures may be accessed by clicking the following link: Prequalification Process for Loudoun Water. Revised February 26,