GENERAL

 It is the intent of the City of Fairfax, Virginia to 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.

Fairfax City Government relies on local businesses and companies throughout the nation to support its mission. The City of Fairfax is a $50 million marketplace. The City seeks to diversify our supplier base and encourages participation by Small, Minority-owned and Women-owned (SWaM) businesses in the procurement process.  Fairfax City does not certify businesses; however, the City does recognize business classifications of business enterprises that are certified by the Virginia Department of Small Business and Supplier Diversity (SBSD). 

 Supplies and Services Routinely Purchased by the City Include:

• Architect/engineer
• Auto parts and fleet services
• Office supplies
• Fuel/oil/lubricants
• Paving services
• Computer software/subscriptions
• Consulting services
• Road construction
• Electrical supplies
• Tires/tubes
• Training
• Vehicles

Vendor Registration

Your business must be eVA registered and in active status.  Start by clicking the Register Now link on the eVA website homepage (www.eVA.virginia.gov).

AUTHORITY

The Purchasing Agent has full authority to award all procurement contracts.

SOLICITATION PROCESS

The City purchases a vast array of goods and services to support City operations.  Our goal is to procure these services and goods in the most cost effective manner at the time and place necessary to meet the needs of City departments.  The City utilizes competitive sourcing for all requirements in excess of $7,500.  All formal solicitations are posted on the City’s website as well as the eProcurement portal of Commonwealth of Virginia (eVA).  For additional information or to view and download a current solicitation, visit Current Solicitations

RESPONDING TO SOLICITATIONS

Responding to the City’s solicitations is conducted in electronic format only, using the Commonwealth of Virginia electronic procurement portal www.eVA.virginia.gov.  eVA is Virginia’s online, electronic procurement system.

Deadlines that fall on a period of suspended business operations (e. g. snow day or any other type of emergency that closes the City’s administrative operations) are automatically extended to the next regular business day at the time stipulated in the IFB/RFP.

Pre-Bid or Pre-Proposal Conference

The City of Fairfax will employ appropriate measures to ensure supplier safety when conducting pre-bid or pre-proposal conferences.  Virtual conferences will be utilized whenever feasible.

VISITS BY VENDORS

Suppliers may visit the Office of Procurement Services by appointment.  Walk-in visits are permitted.

OPEN RECORDS

Procurement proceedings, records, contracts, and orders are public records, open to the inspection of any citizen or interested parties, in accordance with the Virginia Public Procurement Act.  Bid and proposal records are not available to the public for inspection until after the award except that any bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the bid opening and evaluation of all bids but prior to award, except in the event that the City decides not to accept any of the bids and to rebid.  Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiation of proposals are completed, except in the event that the City decides not to accept any of the proposals and to re-solicit.

Trade secrets or proprietary information submitted by a bidder, offeror, or contractor in connection with a procurement transaction shall not be subject to public disclosure under the Virginia FOIA; however, the bidder or offeror must invoke the protections of the VPPA prior to or upon submission of the data or materials, and must identify the data or material to be protected and state the reason why protection is necessary.  A bidder, offeror, or contractor shall not designate as trade secrets or proprietary information (a) an entire bid, proposal, or prequalification proposal (b) any portion of a bid, proposal, or prequalification application that does not contain trade secrets or proprietary information; or (c) line item prices or total bid, proposal, or prequalification application prices.

PROTESTS

Any bidder or offeror who desires to protest the award of or decision to award a contract shall submit such protest in writing to the Purchasing Agent, no later than ten (10) days after the public notice of the award or the announcement of the decision to award, whichever occurs first.  Public notice of the award or announcement of the decision to award shall be given in the manner prescribed in the terms and conditions of that solicitation.  The written protest shall include the basis for the protest and the relief sought.  The Purchasing Agent shall issue a decision in writing with ten (10) days stating the reasons for the action taken.  This decision shall be final unless the bidder or offeror appeals within ten (10) days of the receipt of the written decision by instituting legal action as provided in the Code of Virginia, Section 2.2-4364.  

ETHICS IN PUBLIC PROCUREMENT

In accordance with Code of Virginia, Sections 2.2-4371 and 2.2-4372:

• No bidder, offeror, contractor, or subcontractor shall confer upon any public employee having official responsibility for a procurement  transaction any payment, loan, subscription, advance, deposit of money, service or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.

• No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontract or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.

• No person shall demand or receive any payment, loan, subscription, advance, deposit of money, services or anything of value in return for an agreement not to compete on a public contract.

• If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the City and shall be recoverable from both the maker and the recipient.  Recovery from one offending party shall not preclude recovery from the other offending parties.

• No subcontractor or supplier shall make kickbacks as described in this section.