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Legal Law Of Non Professional Services Essay

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The only segment of the opinion, written by Justice McClanahan that I would have preferred to see more written about was where she wrote that the VPPA clearly established that sealed competitive bidding was the sole method of procurement that had to be used, by SBC, for this contract. I believe that Justice McClanahan was not looking at all procurements of non-professional services but only at the solicitation issued by SBSC. Therefore, I believe what Justice McClanahan should have written was that competitive sealed bidding was the sole option for SBSC based on their actions. If Justice McClanahan meant to say that it was the only option for any procurement of non-professional services, then I believe she was incorrect. Both Thomas Folk and William Mauck Jr. published legal articles that analyzed this case. They both wrote that competitive negotiations was an option for the procurement of non-professional services at the time that SBSC issued their solicitation. § 2.2-4300 section C stated that “upon a determination made in advance by the public body and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services, or insurance may be procured by competitive negotiations. The writing shall document the basis for this determination.” (VPPA, 2006) Based on the VPPA, had SBSC made that written determination, they could have then issued a Request for Proposal (RFP) instead of their “Best Value”

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