The lowest bidder is the bidder who offers the lowest-cost goods or services in comparison to all other bidders. Discounts and incentives should not be considered in determining the lowest bidder unless the IFB specifically asked bidders to propose discounts and incentives and all bidders are informed that the discount or incentive offered will be used to determine the award. Prompt payment discounts should normally not be considered in determining the lowest responsive bidder. After it is determined that the apparent low bidder is also responsive and responsible, the agency may proceed with an award to that lowest priced, responsive and responsible bidder. (See § 2.2-4301 and § 2.2-4302.1 of the Code of Virginia.) The agency may determine that the apparent low bidder is not responsive or responsible and thus not eligible for award.
Preference for Virginia bidders: For this section, a resident of Virginia bidder is a Virginia person, firm or corporation that is organized pursuant to Virginia law or maintains a principal place of business within Virginia. Whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident bidder of that state a percentage preference, then a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a price-matching preference, a like preference shall be allowed to responsive and responsible bidders who are residents of Virginia. If the lowest bidder is a resident bidder of a state with an absolute preference, the bid shall not be considered. The Code of Virginia requires the Department of General Services to post and maintain an updated list of state-by-state reciprocal preference data on its website, (select the section titled “State by State Reciprocal Preference Data.”) on the eVA page at: https://eva.virginia.gov/i-buy-for-virginia.html.) For purposes of compliance with this section, all public bodies may rely upon the accuracy of the information posted on this website.
Award may be made to other than the lowest responsive and responsible bidder when the provision for such an award is included in the IFB. For procurements over $100,000 such awards must be approved in writing by VITA’s Supply Chain Management Director or designee before issuance of such award. In those instances, where an award is made to other than the lowest price bidder or highest ranked offeror, the award shall be made to the lowest responsive and responsible bidder or highest ranking, qualified DSBSD- certified small business offeror. If the IFB is a set-aside for small business participation only, award to other than the lowest bidder clause would not be necessary.
Awards may also be made to other than the lowest responsive and responsible bidder when an agency is procuring goods and the agency receives two or more bids for products that are Energy Star certified, meet Federal Energy Management Program’s (FEMP)’s-designated efficiency requirements, appear on FEMP’s Low Standby Product List, or are WaterSense certified, then the public body may ONLY select among those bids.