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Government & Municipal Law Client Alert – March 2020

By Terence Murphy, Government & Municipal Law

Accepting Bids and Proposals During COVID-19

On March 23, 2020, the Commonwealth of Virginia Department of General Services (DGS)/Division of Purchases and Supply provided COVID-19 public bid opening guidance during a State of Emergency.

Virginia local governments have been faced with the issue of how to handle outstanding bids and proposals in response to pending Invitations for Bid and Requests for Proposals that sought a timely hard copy delivery of the bid or proposal to the local government. Due to closures of local government offices, local governments sought guidance as to how to handle these outstanding procurements, which require timely awards to perform critical work.

On March 12, 2020, Governor Northam issued Executive Order No. 51, Declaration of a State of Emergency Due to Novel Coronavirus (COVID-19), which allowed agencies to enter contracts without normal procedures or formalities. However, agencies must continue to adhere to the Virginia Public Procurement Act. Most recently, visitor access to public buildings and limiting the number of individuals gathered in one place has resulted in the DGS issuing the attached guidance to state agencies for local government’s consideration regarding: (1) live streams of bid openings; (2) recording bid openings for viewing later; (3) amending outstanding RFPs or IFPs to delay procurements and bid openings.

Please contact Terry Murphy of our firm’s Government & Municipal Practice Group if you have questions or need additional information at tmurphy@kaufcan.com or (757) 624.3139.


The contents of this publication are intended for general information only and should not be construed as legal advice or a legal opinion on specific facts and circumstances. Copyright 2020.