Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-9-4 - Purchases of Insurance Products and Insurance Services4.1. Insurance products and insurance services relating to properties, activities, and responsibilities of the state or public entity program insured will be based on competitive bid whenever feasible and in the best interest of the state and the insurance programs administered or provided by the agency. 4.2. The Director shall determine the circumstances under which competitive bids for such insurance products and insurance services are feasible and in the best interest of the state and the insurance programs administered or provided by the agency. In making this determination, consideration will be given to the nature, complexity, uniqueness, cost, urgency, availability, or suitability for addressing a new or emerging risk, of the needed products or services. Such determinations shall also take into consideration financial costs, the scope of operational, staffing, or budget changes needed within the agency, and potential impact on constitutional immunity or statutory or common law relating to replacement of existing programs or services.4.3. Rather than soliciting bids directly for insurance products and insurance services, the agency may solicit bids for the services of individual insurance producers, insurance agencies or business entities licensed as insurance producers by the West Virginia Insurance Commissioner, or surplus lines licensees as authorized by Chapter 33 of the West Virginia Code. The services to be provided under contracts resulting from such solicitations may include a market search for the insurance products and insurance services needed, recommendations, assistance with completion of the procurement, and general support during the duration of the contract for the insurance products and insurance services.