W. Va. Code R. § 112-17-5

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

Section 112-17-5 - Purchasing Requirements

5.1. Documentation associated with all procurements shall be maintained in files in accordance with the STO record retention policy.

5.2. All purchases of commodities and services are subject to expenditure approval.

5.3. Contracts are issued for all procurements regardless of dollar amounts to assist with tracking and ensure proper internal controls.

5.4. The vendor is responsible for submitting a correct and accurate bid to STO Purchasing by the specified bid opening time and date and location and in accordance with the procurement documents.

5.5. Prior to award of a contract, a vendor must be a registered vendor as required by the West Virginia State Purchasing Division, document any required license or insurance, and be in good standing with state and local entities, including, but not limited to, the West Virginia Secretary of State and West Virginia Workers Compensation.

5.6. A contract award is subject to the provisions of West Virginia State Code which automatically void certain contract clauses that violate State Law.

5.7. Vendors to be awarded a contract of $1 million or more or a series of related contracts for which the cumulative total exceeds $1 million shall submit to the STO a fully completed Disclosure of Interested Parties form authorized by the West Virginia Ethics Commission.

5.8. A vendor shall not commence work on any procurement without receipt of the awarded contract by STO Purchasing and any required notice to proceed. The STO will not be responsible for any work by a vendor prior to and not in accordance with the contract awarded.

5.9. All requests for commodities or services shall be submitted in a written requisition to STO Purchasing via email, written memo, or other method. All requests require the approval of the Treasurer, Assistant Treasurer, Deputy Treasurer, or Director of that STO division or other person with the appropriate signature authority.

5.10. Upon receipt, a requisition is reviewed to determine the sourcing method for the procurement.

5.10.1. Sourcing methods considered include review of inventory from stockroom; state sources (e.g., Correctional Industries, sheltered workshops, surplus property); statewide or agency master agreements; cooperative contracts; or obtaining bids if required by the procurement method levels.

5.10.2. Any STO contract usable by another state entity or a political subdivision will state the use.

5.11. Procurement method levels are as follows:

5.11.1. $5,000.00 or less - no bids required, competition encouraged when possible;

5.11.2. $5,000.01 - $20,000.00 - three verbal bids when possible, wvOASIS may also be used to solicit to streamline and expedite the acquisition.

5.11.3. $20,000.01 - $50,000.00 - solicitation must be issued in wvOASIS unless a direct award or a rapid award is appropriate.

5.11.4. Over $50,000 - formal procurement required unless a direct award or a rapid award is appropriate.

5.12. Any required vendor terms and conditions must be submitted and approved before a contract is awarded.

5.13. All procurement documents issued for a procurement shall include a specific date, time, and location for submission of bids.

5.14. Bids not submitted by the specified date and time to the specific location will be rejected and not be considered.

5.15. STO will stamp bids with the date and time of actual receipt for bids physically received. Bids received through wvOASIS are stamped by the system as are bids received through a designated email or the STO Purchasing fax communication.

5.16. Bids shall remain sealed until the specified date and time, at which time the STO will open the bids.

5.17. No bid received may be altered after opening.

5.18. A vendor submitting a bid may withdraw the bid at any time prior to bid opening.

5.19. Aggregate procurements in excess of $25,000 by the STO shall not circumvent the formal procurement requirements of §5A-3-1 et seq. and shall not be used with the intent to circumvent the formal requirements in this rule in any 12-month rolling period.

5.20. Receiving reports shall be prepared and submitted in accordance with W. Va. Code § 12-3-10f.

5.21. The STO may establish standardized commodities and require vendors to bid the standardized commodity identified or allow for a bid of a comparable product that meets or exceeds the standard established consideration.

5.22. The STO Purchasing Director reserves the right to waive minor irregularities in bids of specifications.

5.22.1. In instances where the specifications or bid requirements require documentation or other information with the bid response, and it is missing from a vendor's bid, the STO Purchasing Director reserves the right to request those items after the bid opening and prior to a contract award pursuant to the authority to waive minor irregularities in bids or specifications. This authority does not apply to instances where state law mandates receipt with the bid.

5.23. The STO Purchasing Director reserves the right to reject the bid of any vendor as non-responsible when the Director determines that the vendor submitting the bid does not have the capability to fully perform or lacks the integrity and reliability to assure good-faith performance.

5.24. The STO Purchasing Director may accept or reject any bid in whole, or in part.

5.25. The STO reserves the right to require a vendor who submits a bid to certify that it is not currently engaged in, and will not for the duration of a contract, engage in a boycott of Israel.

W. Va. Code R. § 112-17-5