As legislative activity ramps up, the Joint Legislative Committee will be pursuing legislation which clarifies the process by which objections to terms and conditions are addressed in the public procurement process through the VPPA.
Ensuring that these discussions take place during the negotiation stage of the procurement process not only helps to protect the life, safety and welfare of the citizens of the Commonwealth by adhering to the ideals of Qualifications Based Selection, but also helps provide the best value for Virginia’s infrastructure investments.
If you have experience with the mandatory acceptance of terms and conditions tied to the submission to an RFP/RFQ – and are willing to take some time to meet with legislators – please email Rhea George.
You might recall that this is an issue that we worked on last year. It gained substantial traction but ultimately failed on the second reading in the House because of an 11th-hour rally by procurement professionals – primarily because of their objections to language in last year’s bill eliminating the use of non-binding fee estimates. We’ve separated the terms and conditions issue from the more contentious issue of non-binding fee estimates. We’re also continuing aggressive work on eliminating the use of non-binding fee estimates, though it is unlikely we’ll be submitting a bill this year on this issue.