Nelson County board finds apparent low bidder nonresponsive, moves to award Social Services building contract to next-lowest bidder

The Nelson County Board of Supervisors on July 14 adopted Resolution R2025-52, authorizing staff to notify Wall Construction, LLC that its bid for the Social Services office building (IFB#2025-NCDSS) is not responsive and expressing the board’s intent to award the contract to Coleman-Adams Construction Inc., pending a favorable evaluation of that bidder’s responsiveness and responsibility. The motion carried unanimously (4-0).

The resolution recites that bids were received on July 2, 2025 and publicly opened on July 3, 2025. County staff and the county’s procurement adviser reviewed the apparent low bid submitted by Wall Construction, LLC and found it omitted a required Sitework Allowance of 3,000 cubic yards of undercut and backfill described in Section 012110 of the IFB. The IFB and the Virginia Public Procurement Act (VPPA) require that an award be made only to a bidder who is both responsive and responsible.

The resolution states Wall Construction notified PMA on July 8, 2025 that the Sitework Allowance had been omitted from its base bid; subsequent communications from July 9–11 indicated Wall’s preference to remain the low bidder while negotiating a cure or adjusting subcontractor costs after bid opening. The county concluded that allowing a post-opening modification of the base bid would conflict with IFB Section 6.7 (Modification and Withdrawal of Bids) and could expose the county to legal challenge and uncertainty about price firmness. For that reason, the board authorized issuing a notice of intent to determine that Wall Construction is not a responsive and responsible bidder.

The board authorized staff to proceed with the next procurement step: evaluate the next lowest base bid, submitted by Coleman-Adams Construction Inc., for responsiveness and responsibility and, if that review is favorable, issue a Notice of Award to Coleman-Adams. The resolution text states: “the Board hereby authorizes the provision of a notice of intent to award the contract pursuant to IFB#2025-NCDSS, to the bidder who submitted the next lowest base bid, Coleman-Adams Construction Inc.; and following the completion of a favorable evaluation of their status as responsive and responsible, issue them a Notice of Award.” That language was adopted as part of Resolution R2025-52.

Key procurement dates and clarifications contained in the adopted resolution: bids received July 2; public bid opening July 3; pre-bid meeting May 28 where the Sitework Allowance was reiterated; Wall Construction’s notice to PMA on July 8 that the allowance had been omitted; and follow-up communications July 9–11 that the resolution characterizes as attempts to alter the post-opening position of the apparent low bidder. The board’s action preserves the county’s stated interest in a firm, reliable contractor price and adheres to the VPPA definitions of a “Responsive Bidder” and a “Responsible Bidder.”

Dr. Jessica L. Ligon moved to adopt the resolution and Jesse N. Rutherford seconded; the roll call vote was 4–0 in favor. The board did not vote to execute a construction contract at the meeting; staff was authorized to proceed with notification and the next evaluation steps required before issuing a formal Notice of Award.

The resolution and the IFB cite the relevant procurement and public-meeting authorities, including the Virginia Public Procurement Act and the procedures for award in the IFB documents. The board did not discuss contract execution timelines or construction start dates in open session; those items will be set after the responsive/responsible determination and any required protest period.