W. Va. Code R. § 114-101-5

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

Section 114-101-5 - Formal procurement documents and processes

5.1. Request for Quotation (RFQ)

5.1.1. 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.

5.1.2. Bids shall be reviewed by OIC Procurement and the OIC division requesting the item(s) to verify each bid meets the requirements of the RFQ.

5.1.3. An award shall be made to the responsible and responsive vendor having the lowest bid.

5.2. Direct Awards

5.2.1. A direct award shall be a procurement method occurring only if:

5.2.1.a. The procurement file contains the following:

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

5.2.1.a.2. Documentation of efforts used to determine that 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

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

5.2.1.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.

5.2.1.c. A direct award contract may be extended or renewed if the request is substantiated by a written justification of continuation of the contract.

5.3. Request for Proposal (RFP)

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

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

5.3.3. RFPs must contain provisions for a two-part evaluation, the first part being technical aspects of the proposal and the second part being cost to the state. The two components will be evaluated, scored, and combined to form a total score. Technical proposals must be 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. The highest scoring vendor will be awarded the contract.

5.3.4. At the date, time, and location of the bid opening, the bids received shall be opened and the names of the vendors submitting a bid read aloud and documented. OIC Procurement shall verify that the technical and cost portions of the bids are separate, and the cost portion is sealed.

5.3.5. If there is more than one bidder responding to the RFP, OIC Procurement may negotiate a lower price with the highest ranked bidder. If the contract is not awarded to the highest scoring bidder, OIC Procurement may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder and may continue to do so in like manner with the remaining responsive and responsible bidders. OIC Procurement shall only extend an offer after it is offered to all prior bidders in order of rank.

5.4. Emergency Procurements

5.4.1. In the event the Governor, OIC, or other authorized official declares an emergency exists, OIC Procurement shall determine to what extent the procedures set forth in this section will apply to procurements and authorize emergency procurements.

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

5.4.3. OIC Procurement shall assist in obtaining bids, preparing documentation, verifying any required vendor registration and licensing, and issue any contracts necessary.

W. Va. Code R. § 114-101-5