W. Va. Code R. § 112-17-6

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

Section 112-17-6 - Formal Procurement Documents and Processes

6.1. Request for Quotation (RFQ)

6.1.1. An RFQ shall contain a detailed description of or specification for, the item(s) being purchased, any required delivery date, quantities, bid price per unit, and information on how to complete and submit the RFQ bid and deadlines.

6.1.2. Bids are reviewed by STO Purchasing and the division requesting the item(s) to verify each bid meets the requirements of the RFQ.

6.1.3. Award will be made to the lowest responsible and responsive vendor.

6.2. Direct Award:

6.2.1. A direct award is a procurement method occurring only if:

6.2.1.a. The procurement file contains the following:

6.2.1.a.1. Written justification that the direct award is in the best interests of the state;

6.2.1.a.2. Documentation of efforts used to determine there is no other source or that no other source would be willing or able to replace the existing source without a detrimental effect; and

6.2.1.a.3. No other vendor expresses an interest in providing the commodity or service in question.

6.2.1.b. A direct award may be used for procurements determined to be non-competitive, including the list of commodities and services in Section 9 of the West Virginia State Purchasing Division Procedures Handbook.

6.2.1.c. A direct award contract may be extended or renewed if the request is substantiated by a written justification of continuation of the contract. The original award must include a provision to allow a renewal in the terms and conditions or specifications.

6.2.1.d. A direct award must be publicly posted for ten (10) days to determine if any other entity can meet the need.

6.3. Request for Proposals (RFP)

6.3.1. RFP documentation shall define the commodities and services desired to allow comparability of bids as submitted.

6.3.2. Procurements by RFP shall be advertised through media considered advisable and not cost prohibitive, including professional publications, wvOASIS, the STO's website, and emails to potential vendors.

6.3.3. RFPs require a two-part bid opening. Technical proposals are opened first and fully evaluated prior to cost proposals being opened. Vendors shall be notified of the date and time of opening the cost portion.

6.3.4. At the date, time and location of the bid opening, the bids received are opened and the names of the vendors submitting a bid are read aloud and are documented. STO Purchasing will verify that the technical and cost portions of the bids are separate and the cost portion is sealed.

6.3.5. After bids are opened, the technical portion of each bid will be submitted to the named evaluation committee. The cost portion will remain sealed until the technical evaluation is completed.

6.3.6. In the event only one bid is received and the bid meets the minimum requirements of the RFP, then the technical portion of that bid will be submitted to the evaluation committee for evaluation but not scoring. After the technical evaluation, the cost portion will be opened and provided to the evaluation committee. STO and vendor may negotiate any portion of the commodities or services requested or offered. If the STO and the vendor reach agreement on the commodities and services and terms and conditions, the vendor will be awarded the contract.

6.3.7. Evaluation Committee

6.3.7.a. The evaluation committee shall consist of 3-5 voting members and limited to STO employees or other state employees.

6.3.7.b. Before someone can become an evaluation committee member, he or she shall complete the requisite training. The training must be completed once in a 12-month period. Certificates of Completion of training are provided and maintained by STO Purchasing. Evaluators are required to sign the Non-conflict of Interest certification form prior to evaluation of responses.

6.3.7.c. A non-state employee may be permitted to serve as non-voting advisor or subject matter expert with prior approval of the evaluation committee and STO Purchasing. Individuals serving as advisors or subject matter experts are required to sign the Non-conflict of Interest certification form.

6.3.7.d. A committee chairperson or co-chairperson is selected by the committee. The chairperson liaises with STO Purchasing.

6.3.7.e. Evaluation committee members shall evaluate the bids in a fair and consistent manner and not attempt to influence or manipulate other members. Communication regarding the evaluation should be limited to evaluators and STO Purchasing.

6.3.7.f. The committee in concert shall complete an evaluation, solely evaluating the bids received, of the technical portion of each bid received and reach a consensus on the assigned points. The committee shall complete and make a written consensus recommendation on the technical portions of the bids. Each bid shall begin with the maximum score. Points may be deducted for any identified deficiency in each bid. The recommendation will be reviewed by STO Purchasing and if determined acceptable, the cost portion of each bid will be opened and provided to the committee.

6.3.7.g. At its first meeting, the committee shall determine whether all bids meet any minimum requirements of the RFP. If the committee believes a bid should be disqualified, it shall send a written recommendation to STO Purchasing to have the bids not meeting minimum requirements disqualified. Bids disqualified by STO Purchasing will not be evaluated further.

6.3.7.h. The committee will continue the technical evaluation of the bids not disqualified and then submit a recommendation of the points assigned for the bids to STO Purchasing and state whether any bids have failed to meet any required minimum acceptable score. Technical portions of the bids may be compared against one another to determine the best-in-class solution. Proposals that exceed the mandatory requirements and/or the non-mandatory desirables may be assigned the maximum points in that category, with lesser solutions assigned an appropriately lower score. Bids failing to meet any required minimum acceptable score for the technical portion of the bids will not be considered further.

6.3.7.i. After STO Purchasing has accepted the scoring recommendation, cost portions of the bids meeting any required minimum acceptable score will be opened. Cost portions of bids disqualified or failing to meet minimum acceptable score may be opened at the discretion of STO Purchasing.

6.3.7.j. The committee shall complete a mathematical evaluation of the cost portion of each bid still under consideration.

6.3.7.k. If best value purchasing is used, award will be made to the vendor submitting the bid with the highest score. If competitive negotiation is used, discussions will be held with the two or three vendors whose bids had the highest point scores.

6.3.7.l. Any needed changes to a bid or to reach agreement on a contract shall be negotiated.

6.4. Emergency Procurements

6.4.1. In the event the Governor, Treasurer, or other authorized official declares an emergency exists, the Treasurer shall determine to what extent these procedures will apply to procurements and authorize emergency procurements.

6.4.2. An emergency procurement shall use the procurement methods in this rule to the extent practicable.

6.4.3. STO Purchasing will assist in obtaining bids, preparing documentation, verifying any required vendor registration and licensing, and issue any contracts necessary.

6.5. Rapid Award Contract Procurements - STO Investment and Savings Programs

6.5.1. The investment and savings programs managed and administered within the STO include the College Prepaid Tuition and Savings Program; the State of West Virginia Deferred Compensation Plan; the West Virginia Jumpstart Savings Program; the West Virginia Hope Scholarship Program; and the operations of the West Virginia Board of Treasury Investments ("WVBTI").

6.5.2. Because of the sophisticated nature of the investment and savings programs managed and administered within the STO, certain contracts must be entered into using the Rapid Award Contract (RAC) procurement method when time is of the essence, to avoid unnecessary costs to program beneficiaries or disruptions in services that are crucial to program operations.

6.5.2.a. These contracts can include contracts for necessary goods and services, contracts to employ necessary personnel, and contracts to engage the services of private consultants, auditors, counselors, managers, trustees, and any other contractors or professionals needed for rendering professional and technical assistance and advice to the program or program board. For example, the WVBTI enters into contracts with legal, accounting, financial and investment managers, advisors and consultants.

6.5.2.b. The selection of the goods and services described in subdivision 6.5.2.a. of this rule and their resultant contracts are statutorily exempt from the provisions of W. Va. Code § 5A-3-1et seq.

6.5.2.c. All business registrations for doing business with and in the state shall also be met prior to a contract award.

6.5.3. Approval to Use the Rapid Award Contract Process.

6.5.3.a. In order to award a contract through the RAC process, the responsible investment or savings program Director or Assistant Treasurer must first submit a written request to the STO General Counsel for approval to use the RAC process (a "RAC request"). The RAC request must clearly identify why the RAC process is necessary under unique factual circumstances, identify the entity to which the contract will be awarded, and provide reasoning as to why the RAC process is in the overall best interest of the program and/or its beneficiaries. The STO Legal Division shall review the RAC request and provide a memorandum either approving or disapproving the request. Approval must be based on the General Counsel's determination that unique factual circumstances justify the use of the RAC process and that the use of the RAC process does not run afoul of applicable state or federal law. If the Legal Division disapproves the RAC request, another procurement method permitted by this rule may be used to secure the goods or services.

6.5.3.b. Upon the Legal Division's approval of a RAC request, the General Counsel shall submit his or her memorandum approving the request and all other appropriate documentation to the Treasurer or Deputy Treasurer. The Treasurer or Deputy Treasurer shall review the RAC request and the General Counsel's memorandum and provide his or her written approval or disapproval of the RAC request. If the Treasurer or Deputy Treasurer disapproves the RAC request, another procurement method permitted by this rule may be used to secure the goods or services. Upon the Treasurer or Deputy Treasurer's approval of a RAC request, the STO Purchasing Division shall take necessary steps to award a contract using the RAC method for the goods or services described in the RAC request at the direction of the requesting Director or Assistant Treasurer.

6.5.3.c. All RAC request approval documentation shall be part of the contract documentation in accordance with any record retention policy governing the contract.

W. Va. Code R. § 112-17-6