W. Va. Code R. § 114-101-4

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

Section 114-101-4 - Purchasing requirements

4.1. Documentation associated with all procurements shall be maintained in files in accordance with OIC record retention policy.

4.2. All purchases of commodities and services shall be subject to expenditure approval.

4.3. Contracts shall be issued for all procurements regardless of dollar amounts to assist with tracking and ensure proper internal controls. As defined herein, the term contract includes purchase orders.

4.4. Vendors shall be responsible for submitting a correct and accurate bid to OIC Procurement by the specified bid opening time, date, and location and in accordance with the procurement documents.

4.5. Prior to an award of a contract, vendors 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 OIC with respect to workers' compensation insurance and the West Virginia Secretary of State.

4.6. 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 OIC a fully completed Disclosure of Interested Parties form authorized by the West Virginia Ethics Commission.

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

4.8. All requests for commodities or services shall be submitted in a requisition to OIC Procurement via email, written memo, or other acceptable method. All requests require the approval of a division director or other person with the appropriate signature authority.

4.9. Upon receipt, a requisition shall be reviewed to determine the sourcing method for the procurement.

4.9.1. Sourcing methods to be considered shall 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.

4.9.2. Any OIC contract usable by another state entity or a political subdivision shall declare such use.

4.10. Purchases and contracts for commodities and services shall be based on competitive bid whenever possible, subject to the following:

4.10.1. Competitive bids may, but are not required to be obtained, when the value of the item or service is $2,500 or less;

4.10.2. A minimum of three verbal bids shall be required, when possible, when the value of the item or service is between $2,500.01 and $10,000;

4.10.3. A minimum of three written bids shall be required, when possible, when the value of the item or service is between $10,000.01 and $25,000; and

4.10.4. Purchases expected to exceed $25,000 must be the subject of competitive bid solicitation unless otherwise allowed under subsection 4.11 of this rule.

4.11. OIC Procurement may authorize purchases directly from a vendor without competitive bidding under the following circumstances:

4.11.1. It is determined that a direct award is appropriate because there is no other source for the product or service, or that no other source would be willing or able to replace the existing source without a detrimental effect on the OIC, in which case the OIC will document its due diligence in making this determination;

4.11.2. In the event of an emergency, including but not limited to unforeseen events or circumstances, delays by contractors, delays in transportation, or an unanticipated volume of work, as well as procurements related to an official declaration of emergency by the Governor or federal officials. Notwithstanding the existence of an emergency as described in this subdivision, the OIC shall attempt to obtain three bids whenever possible. "Emergency" does not include circumstances caused by the OIC's neglect, poor planning, or lack of organization;

4.11.3. The commodity or service being sought is included on the "Impossible to Bid" list set forth in Section 9 of the West Virginia State Purchasing Division Procedures Handbook; or

4.11.4. Competitive bidding is not expressly required by statute.

4.11.4.a. When competitive bidding is not expressly required by statute and not used for a direct award, the OIC will evaluate vendors based upon the following criteria, where applicable, and will document its evaluation:

4.11.4.a.1. Overall experience;

4.11.4.a.2. Professional certifications or designations;

4.11.4.a.3. Company specific experience;

4.11.4.a.4. Company type experience;

4.11.4.a.5. Knowledge of company or line of business;

4.11.4.a.6. Prior work for the OIC;

4.11.4.a.7. Professional reputation;

4.11.4.a.8. Availability and commitment to required timeframes;

4.11.4.a.9. Adequacy of staffing, including the ability of assigned staff members to complete the contract without substitution;

4.11.4.a.10. Quality of work;

4.11.4.a.11. Experience with National Association of Insurance Commissioners' accreditation review process and knowledge of the National Association of Insurance Commissioners' examination handbook and guidelines;

4.11.4.a.12. References from other insurance regulators or subject matter experts;

4.11.4.a.13. Projected costs;

4.11.4.a.14. Conflicts of interest;

4.11.4.a.15. Support services available to the vendor, including but not limited to information technology services and actuarial services; and

4.11.4.a.16. Any other guidelines or procedures the OIC considers appropriate.

4.12. Any required vendor terms and conditions must be submitted and approved before a contract is awarded. The OIC will obtain approval from the Attorney General as to contract form and conformity with applicable law when required by statute or when deemed necessary by OIC Procurement.

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

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

4.13.2. OIC Procurement shall stamp bids with the date and time of actual receipt for bids physically received. Bids received through wvOASIS are stamped by the system.

4.13.3. Bids shall remain sealed until the specified date and time, at which time OIC Procurement will open the bids.

4.13.4. No bid received may be altered after opening.

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

4.14. Aggregate procurements in excess of $25,000 by the OIC shall not circumvent the formal procurement requirements in any 12-month rolling period.

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

4.16. OIC Procurement must reject a bid that is found to be non-responsive. A non-responsive bid is one that fails to conform to the solicitation in all material respects.

W. Va. Code R. § 114-101-4