Common use of Administration of Contracts Clause in Contracts

Administration of Contracts. 1157 1158 1159 The rules and the University implementing policies and procedures shall contain provisions related to the administration of contracts, including contract claims, modifications, extensions, and assignments. F. Nondiscrimination. 1160 The rules and the University implementing policies and procedures shall provide for a 1161 nondiscriminatory procurement process that prohibits discrimination because of the race, religion, color, 1162 sex, or national origin of the bidder or offeror in the solicitation and award of contracts and shall 1163 include appropriate provisions to effectuate fair and reasonable consideration of women-owned, 1164 minority-owned, and small businesses and to promote and encourage a diversity of suppliers. 1165 ATTACHMENT 1 1166 Rules Governing Procurement of Goods, Services, Insurance, and Construction 1167 by a Public Institution of Higher Education of the Commonwealth of Virginia 1168 Governed by Article 4 of the 1169 Restructured Higher Education Financial and Administrative Operations Act, 1170 Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of Virginia. 1171 In accordance with the provisions of the Restructured Higher Education Financial and 1172 Administrative Operations Act (the Act), Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of 1173 Virginia, and in particular § 23.1-1017 of the Act, the governing body of a public institution of higher 1174 education of the Commonwealth of Virginia that has entered into a management agreement with the 1175 1176 1177 Commonwealth pursuant to Article 4 of the Act has adopted the following rules to govern the procurement of goods, services, insurance, and construction by the Institution: § 1. Purpose. - 1178 The purpose of these rules is to enunciate the public policies pertaining to procurement of goods, 1179 services, insurance, and construction by the Institution from nongovernmental sources, to include 1180 governmental procurement that may or may not result in monetary consideration for either party. These 1181 rules shall apply whether the consideration is monetary or nonmonetary and regardless of whether the 1182 Institution, the contractor, or some third party is providing the consideration. 1183 § 2. Scope of procurement authority. - 1184 Subject to these rules, and the Institution's continued substantial compliance with the terms and 1185 conditions of its management agreement with the Commonwealth pursuant to the 1186 requirements––particularly Article 4––of the Act, the Institution shall have and shall be authorized to 1187 have and exercise all of the authority relating to procurement of goods, services, insurance, and 1188 construction, including but not limited to capital outlay-related procurement and information 1189 technology-related procurement, that Institutions are authorized to exercise pursuant to Article 4 of the 1190 Act. 1191 § 3. Competition is the priority. - 1192 To the end that the Institution shall obtain high quality goods and services at reasonable cost, that 1193 all procurement procedures be conducted in an open, fair, and impartial manner with avoidance of any 1194 impropriety or appearance of impropriety, that all qualified vendors have access to the Institution's 1195 business, and that no offeror be arbitrarily or capriciously excluded, it is the intent of the governing 1196 body of the Institution that competition be sought to the maximum feasible degree, that procurement 1197 procedures involve openness and administrative efficiency, that individual public bodies enjoy broad 1198 flexibility in fashioning details of such competition, that the rules governing contract awards be made 1199 clear in advance of the competition, that specifications reflect the procurement needs of the purchasing 1200 body rather than being drawn to favor a particular vendor, and that the purchaser and vendor freely 1201 exchange information concerning what is sought to be procured and what is offered. The Institution may 1202 consider best value concepts when procuring goods and nonprofessional services but not construction or 1203 professional services. Professional services will be procured using a qualification-based selection 1204 process. The criteria, factors, and basis for consideration of best value and the process for the 1205 consideration of best value shall be as stated in the procurement solicitation. 1206 § 4. Definitions. - 1207 As used in these rules: 1208 "Act" means the Restructured Higher Education Financial and Administrative Operations Act, 1209 Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of Virginia. 1210 "Affiliate" means an individual or business that controls, is controlled by, or is under common 1211 control with another individual or business. A person controls an entity if the person owns, directly or 1212 indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition, 1213 "voting security" means a security that (i) confers upon the holder the right to vote for the election of 1214 members of the board of directors or similar governing body of the business or (ii) is convertible into, 1215 or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general 1216 partnership interest shall be deemed to be a voting security. 1217 "Best value" means the overall combination of quality, price, and various elements of required 1218 services that in total are optimal relative to the Institution's needs, as predetermined in the solicitation. 1219 "Business" means any type of corporation, partnership, limited liability company, association, or sole 1220 proprietorship operated for profit. 1221 "Competitive negotiation" means a method of contractor selection that includes the following 1222 elements: 1223 1. Issuance of a written request for proposal indicating in general terms that which is sought to be 1224 procured, specifying the factors that will be used in evaluating the proposal and containing or

Administration of Contracts. 1157 1158 1159 1153 1154 The rules and the University implementing policies and procedures shall contain provisions related to the administration of contracts, including contract claims, modifications, extensions, and assignments. SB1204ER 1155 F. Nondiscrimination. 1160 1156 The rules and the University implementing policies and procedures shall provide for a 1161 1157 nondiscriminatory procurement process that prohibits discrimination because of the race, religion, color, 1162 1158 sex, or national origin of the bidder or offeror in the solicitation and award of contracts and shall 1163 1159 include appropriate provisions to effectuate fair and reasonable consideration of small, women-owned, 1164 1160 and minority-owned, and small owned businesses and to promote and encourage a diversity of suppliers. 1165 1161 ATTACHMENT 1 1166 1162 Rules Governing Procurement of Goods, Services, Insurance, and Construction 1167 1163 by a Public Institution of Higher Education of the Commonwealth of Virginia 1168 1164 Governed by Article 4 of the 1169 1165 Restructured Higher Education Financial and Administrative Operations Act, 1170 1166 Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of Virginia. 1171 1167 In accordance with the provisions of the Restructured Higher Education Financial and 1172 1168 Administrative Operations Act (the Act), Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of 1173 1169 Virginia, and in particular § 23.1-1017 of the Act, the governing body of a public institution of higher 1174 1170 education of the Commonwealth of Virginia that has entered into a management agreement with the 1175 1176 1177 1171 1172 1173 Commonwealth pursuant to Article 4 of the Act has adopted the following rules to govern the procurement of goods, services, insurance, and construction by the Institution: § 1. Purpose. - 1178 1174 The purpose of these rules is to enunciate the public policies pertaining to procurement of goods, 1179 1175 services, insurance, and construction by the Institution from nongovernmental sources, to include 1180 1176 governmental procurement that may or may not result in monetary consideration for either party. These 1181 1177 rules shall apply whether the consideration is monetary or nonmonetary and regardless of whether the 1182 1178 Institution, the contractor, or some third party is providing the consideration. 1183 1179 § 2. Scope of procurement authority. - 1184 1180 Subject to these rules, and the Institution's continued substantial compliance with the terms and 1185 1181 conditions of its management agreement with the Commonwealth pursuant to the 1186 1182 requirements––particularly Article 4––of the Act, the Institution shall have and shall be authorized to 1187 1183 have and exercise all of the authority relating to procurement of goods, services, insurance, and 1188 1184 construction, including but not limited to capital outlay-related procurement and information 1189 1185 technology-related procurement, that Institutions are authorized to exercise pursuant to Article 4 of the 1190 1186 Act. 1191 1187 § 3. Competition is the priority. - 1192 1188 To the end that the Institution shall obtain high high-quality goods and services at reasonable cost, that 1193 1189 all procurement procedures be conducted in an open, fair, and impartial manner with avoidance of any 1194 1190 impropriety or appearance of impropriety, that all qualified vendors have access to the Institution's 1195 1191 business, and that no offeror be arbitrarily or capriciously excluded, it is the intent of the governing 1196 1192 body of the Institution that competition be sought to the maximum feasible degree, that procurement 1197 1193 procedures involve openness and administrative efficiency, that individual public bodies enjoy broad 1198 1194 flexibility in fashioning details of such competition, that the rules governing contract awards be made 1199 1195 clear in advance of the competition, that specifications reflect the procurement needs of the purchasing 1200 1196 body rather than being drawn to favor a particular vendor, and that the purchaser and vendor freely 1201 1197 exchange information concerning what is sought to be procured and what is offered. The Institution may 1202 1198 consider best best-value concepts when procuring goods and nonprofessional services but not construction or 1203 1199 professional services. Professional services will be procured using a qualification-based selection 1204 1200 process. The criteria, factors, and basis for consideration of best value and the process for the 1205 1201 consideration of best value shall be as stated in the procurement solicitation. 1206 1202 § 4. Definitions. - 1207 1203 As used in these rules: 1208 1204 "Act" means the Restructured Higher Education Financial and Administrative Operations Act, 1209 1205 Chapter 10 (§ 23.1-1000 et seq.) of Title 23.1 of the Code of Virginia. 1210 1206 "Affiliate" means an individual or business that controls, is controlled by, or is under common 1211 1207 control with another individual or business. A person controls an entity if the person owns, directly or 1212 1208 indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition, 1213 1209 "voting security" means a security that (i) confers upon the holder the right to vote for the election of 1214 1210 members of the board of directors or similar governing body of the business or (ii) is convertible into, 1215 or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general 1216 partnership interest shall be deemed to be a voting security. 1217 "Best value" means the overall combination of quality, price, and various elements of required 1218 services that in total are optimal relative to the Institution's needs, as predetermined in the solicitation. 1219 "Business" means any type of corporation, partnership, limited liability company, association, or sole 1220 proprietorship operated for profit. 1221 "Competitive negotiation" means a method of contractor selection that includes the following 1222 elements: 1223 1. Issuance of a written request for proposal indicating in general terms that which is sought to be 1224 procured, specifying the factors that will be used in evaluating the proposal and containing or,