W. Va. Code R. § 106-22-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 106-22-3 - General information

3.1. DFI procurements for services shall be centrally processed at DFI to provide economical and efficient services at a reasonable cost.

3.2. The requirements or limitations in a procurement document shall be reasonable in consideration of DFI needs.

3.3. Documentation shall be maintained by the agency for all procurements and purchases to protect the processes.

3.4. DFI shall solicit an unrelated agency to audit exempt procurements and exempt purchasing processes and files every two years beginning in 2023 to cover the period of the effective date of this rule through December 31, 2022, and then every two years thereafter. When DFI does not utilize any exempt procurement, no audit shall be required.

3.5. DFI contracts shall comply with all applicable laws, rules, and regulations. Procurement documents must contain standard agency terms and conditions to aid in compliance with West Virginia law.

3.6. Every contract issued shall contain a clause that permits the agency to cancel the contract upon 30 days' written notice to the vendor without penalty.

3.7. Bids shall not be altered and are considered public records available for review or copying after they are opened. After award, the entire file shall be public records and available for review or copying unless otherwise exempt by law.

3.8. Use of a purchasing card offered through the West Virginia State Auditor's Office may be required in any procurement if use is determined appropriate.

3.9. Negotiation may be used to finalize a contract and when needing a change order to amend or modify a current contract. Negotiation of a change in scope is permitted when circumstances dictate. A justification for a negotiated change order must be included in the file.

3.10. The agency shall abide by the West Virginia Ethics Act and the associated promulgated rules and shall not make a purchase from a conflicted vendor or a vendor with a significant financial interest as prohibited under the West Virginia Ethics Act.

W. Va. Code R. § 106-22-3