Current through Register Vol. XLI, No. 50, December 13, 2024
Section 115-9-7 - Processes Relating to Bidding and Award7.1. A request for proposal, or RFP, published by the agency 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. The highest scoring vendor will be awarded the contract. 7.1.1. Bids submitted in response to RFPs must be received from vendors prior to the bid due date and time established on the solicitation forms provided by the agency. The agency must reject bids received after the designated time and date. Each vendor is solely responsible for delivering its bid to the agency. All bids must be signed by an authorized representative of the vendor.7.1.2. A bidder may make a change to a sealed bid submitted in response to an RFP by submitting the change in the same manner that the bid was submitted. The change must be received by the agency before the date and time the bid is due.7.1.3. If, during the solicitation process, it becomes necessary to alter the solicitation document, a written addendum will be issued by the agency. An addendum will be used to add, delete or change specifications or attachments; provide a copy of a pre-bid attendee list; answer technical questions or requests for clarification; extend or alter the bid schedule; or for any other material change to the solicitation. The addendum will be published on the agency's website and provided directly to prospective bidders as determined by the agency.7.1.4. If there is more than one bidder responding to the RFP, the agency may negotiate a lower price with the highest ranked bidder. If the contract is not awarded to the highest scoring bidder, the agency 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. The agency will only extend an offer after it is offered to all prior bidders in order of rank.7.2. A request for quotation, or RFQ, will be used for procurements of tangible property such as supplies or equipment. 7.2.1. The solicitation will include a detailed description of, or specifications for, the item being purchased; a delivery date, if required; quantities of all items; and any other requirement necessary to describe the agency's need.7.2.2. The solicitation will establish the date and time for the submission of the bid, after which bids will no longer be accepted. The Director will obtain a minimum of three bids, when possible. 7.2.3. After the date and time established for bid submission, bids will be opened and examined by the agency to ensure compliance with all specifications and determination of the lowest responsible bidder meeting the bid specifications. The contract will be awarded to the lowest bidder meeting specifications.7.3. Bids will be opened at the date and time specified in the solicitation documents. All bids will be and remain sealed until the bid opening time and date.7.4. All solicitations will be advertised using advertising media such as newspapers, trade journals, publication on the agency's web site, or any other media or method of notification to potential bidders that the Director considers advisable taking into consideration the nature and type of the solicitation. Notice of solicitations may also be published in the vendor self-service section of wv oasis at www.wvoasis.gov. The type and duration of advertising is at the Director's discretion. This subsection does not prevent any solicitation from being advertised using any of these methods as determined by the Director.7.5. Unless specifically allowed by the terms of the solicitation, bids may not be submitted by electronic transmission. If allowed, bids by electronic transmission must be received by the agency prior to the bid opening date and time. A bid will not be considered received until after transmission is completed.7.6. If competitive bidding results in a tie in any solicitation, the agency may allow the tied vendors to make a final offer or may start the solicitation process over, at the Director's discretion. 7.7. The Director may authorize purchases directly from a vendor without competitive bidding under the following circumstances: 7.7.1. 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 agency, in which case the agency will document its due diligence in making this determination; or7.7.2. 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 agency will attempt to obtain three bids whenever possible. "Emergency" does not include circumstances caused by the agency's neglect, poor planning, or lack of organization.7.8. The agency may reject a bid that a vendor declares to be erroneous after the bid opening, but otherwise appears to be responsive, if all of the following conditions exist: (2) The error materially affected the bid; (3) Rejection of the bid would not cause a hardship on the agency; and (4) Enforcement of the part of the bid in error would be unconscionable. The agency will document the existence of these conditions in the contract file in the event that a bid is rejected under this subsection.7.9. If the Director believes that a vendor may be non-responsible, the Director may request that a vendor or spending unit provide evidence that the vendor either does or does not have the capability to fully perform the contract requirements, and the integrity and reliability necessary to assure good faith performance. If the Director determines that the vendor is non-responsible, the vendor's bid shall be rejected, and the contract may not be awarded to that vendor. A determination of non-responsibility must be evaluated on a case-by-case basis and can only be made after the vendor in question has submitted a bid. 7.10. The agency 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.7.11. Prior to the award of a contract, the successful vendor must register with the Purchasing Division and pay any related fees prior to being awarded a contract, unless otherwise exempted by statute or rule. Vendors must be prepared to show that they are licensed and in good standing in accordance with all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State's Office, the West Virginia Tax Department, West Virginia Insurance Commission, or other state agencies or political subdivisions prior to being awarded a contract.7.12. The agency may hold a post award conference with the successful vendor as part of the RFP process to ensure a clear and mutual understanding of all contract terms and conditions, and the respective responsibilities of all parties. The agency will prepare an agenda for the conference that will include discussion of the scope and specifications of the contract, the contract terms and conditions, any technical or reporting requirements of the contract, any contract administration procedures including contract monitoring and progress measurement using designated metrics or milestones, any potential contract problem areas and possible solutions, and invoicing requirements and payment procedures with particular attention to whether payment will be made according to milestones achieved by the vendor. The agency may also develop and discuss with the successful vendor a comprehensive and objective monitoring checklist that measures compliance with contract requirements and assesses contractor performance.7.13. After the contract is awarded, the agency will provide written notice to all unsuccessful bidders that the contract has been awarded.7.14. Copies of bids will be open for public inspection in the agency's office at any time after the bid opening. The agency may prescribe policies to include scanning, copying or other methods of assuring public access. The contract file will be open for public inspection after the award has been made.