W. Va. Code R. § 114-101-2

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

Section 114-101-2 - Definitions

2.1. "Award" means the written determination of the selection of a vendor to perform under a contract issued after encumbrance and final OIC approval.

2.2. "Best value procurement" means a procurement method used in awarding a contract based on evaluating and comparing all established quality criteria, and cost is not the sole determining factor in the award. This includes RFPs, RFIs, and EOIs.

2.3. "Bid" means an offer by a vendor in response to a procurement document to provide commodities or services in accordance with the specifications of the OIC issued procurement document and includes a proposal to an RFP.

2.4. "Change order" means a written modification or amendment to an OIC issued contract in the manner provided in the contract or upon the mutual consent of the OIC and the vendor.

2.5. "Chief financial officer" means the OIC employee designated as such who manages the OIC's Financial Accounting Department and is responsible for oversight and management of financial, investment, reporting, purchasing, and budgeting functions for the agency.

2.6. "Commodities" means goods, supplies, materials, equipment, or any other tangible item.

2.7. "Contract" means the binding agreement entered into between the OIC and a vendor to provide the commodities or services requested in the procurement and includes a purchase order.

2.8. "Cooperative contract" means a contract awarded by another entity, including but not limited to, another state of West Virginia agency, board, or commission, or another organization regularly involved in the procurement of commodities or services for which the process of procurement and award were determined by the OIC to be in accordance with reasonable procurement standards.

2.9. "Direct award" means the procurement method to award a contract to a vendor able to provide the commodities and services without competitive bidding when there is no known competition.

2.10. "Emergency procurement" means an acquisition method used when time is of the essence, unforeseen causes arise that include a threat to public health, welfare, safety, circumstances warrant immediate action to stabilize the situation, or safeguarding the state's assets, and not because of poor planning, neglect, or lack of organization.

2.11. "Expression of interest" or "EOI" means a procurement method that seeks vendors to provide information and express an interest in a procurement.

2.12. "FOIA" means the Freedom of Information Act found in W. Va. Code § 29B-1-1 et seq.

2.13. "Life cycle costing" means a procurement method that takes into consideration the cost of the commodity and service being acquired over its expected life or usage and for which cost is considered but is not a determining factor.

2.14. "Master agreement" means a contract with specified terms and conditions except quantity, which is also known as an open-end contract.

2.15. "Non-disclosure agreement" means a contract between two or more parties to prohibit the release of information defined in the agreement as confidential, sensitive, or private in a manner that violates the non-disclosure agreement.

2.16. "OIC" means the Offices of the West Virginia Insurance Commissioner.

2.17. "OIC Procurement" means the unit within the OIC's Administrative Services Division with personnel who manage the functionality of OIC procurement.

2.18. "Procurement" means the process of contracting for, purchasing, renting, leasing, or otherwise acquiring, receiving, and maintaining commodities and services.

2.19. "Procurement document" means an RFP, RFI, EOI, and other document and all attachments related to the bidding or other means of acquiring commodities and services.

2.20. "Protest" means a formal written statement from a prospective or an actual vendor that declares the vendor's dissent or disagreement as to a procurement document or process pertaining to an OIC procurement.

2.21. "Request for information" or "RFI" means a document that seeks information to aid in preparing specifications.

2.22. "Request for proposal" or "RFP" means a document issued by the OIC to obtain commodities and services for which cost is not the sole determining factor for award.

2.23. "Request for quotation" or "RFQ" means a document issued by the OIC to obtain a quotation or bid.

2.24. "Requisition" means a written or electronic request for the purchase of commodities and services.

2.25. "Responsible vendor" means a vendor believed to have the capability to perform a contract and the integrity and reliability to assure good faith performance.

2.26. "Responsive vendor" means a vendor submitting a bid that conforms in all material respects to the requirements and specifications of a procurement document.

2.27. "Services" means intangible items, that include labor, time, expertise, maintenance, software, and service agreements.

2.28. "Specification" means a clear and accurate description of the physical, functional, or performance characteristics or nature of a commodity being acquired, and may include requirements for inspection, testing, and performance.

2.29. "State" means the State of West Virginia.

2.30. "Total ownership or operational cost" means a procurement method that takes into consideration the costs of designing, bidding, implementing, operating, training, transitional costs, residual value, disposal, and processes for a commodity or service for which cost is not the determining factor in award.

2.31. "Vendor" means a person or entity considering or submitting a bid, a person or entity selected as the lowest responsible and responsive vendor in connection with a bid, or a person or entity that has been awarded the contract.

2.32. "wvOASIS" means the state's accounting system managed by the Enterprise Resource Planning Board in conjunction with the West Virginia Department of Administration and the State Auditor's Office.

W. Va. Code R. § 114-101-2