Current through Register Vol. XLI, No. 50, December 13, 2024
Section 117-6-4 - Purchasing Requirements4.1. Each payment will be evaluated based on the total amount that will be paid to a vendor during the fiscal year. The Authority will document the evaluation of each payment with a copy of the invoice or the executed contract, if applicable. If any purchase or expenditure does not involve a contract, documentation should be included as backup to the request for payment and copied with the payable/voucher. Each purchase or expenditure will be evaluated and approved as non-recurring unless it is a known recurring payment. If the purchase or expenditure is a known recurring payment it will be evaluated based on the total recurring amount of all payments and approved accordingly based on the total recurring payment amount. In the event a one-time expenditure becomes a recurring payment, the expenditure will be re-evaluated and documented at the point the expenditure became a recurring payment and approved based on the total recurring payment amount.4.2. Requirements for purchases up to $5,000: 4.2.1. No formal bid process is required.4.2.2. Approval(s) on the request for payment will serve as documentation of the decision of reasonableness and will be copied with the payable.4.2.3. The purchase must receive the approval of the Executive Director, Associate Director or the Director of Financial Services.4.3. Requirements for purchases greater than $5,000 but not more than $10,000: 4.3.1. No formal bid process required if prices obtained through research and inquiry are considered to be reasonable.4.3.2. Reasonableness will be determined by comparing prices to previous purchases, other published prices or prices from more than one vendor.4.3.3. The proposed purchase must receive the approval of the Executive Director, Associate Director or Director of Financial Services.4.4. Requirements for purchases greater than $10,000 but not more than $25,000: 4.4.1. Prices or quotes will be obtained from a minimum of two (2) separate sources.4.4.2. Price will not be the final deciding factor.4.4.3. The proposed purchase must receive the approval of the Board.4.5. Requirements for purchases greater than $25,000:4.5.1. Bids must be solicited from Class II Legal Ad as defined in W. Va. Code § 59-3-2 and solicited from an adequate number of known qualified suppliers with reasonable response time permitted. This may be done in the form of an RFP, if applicable.4.5.2. The RFP invitation must define the items or services to allow consistency and comparability of bids submitted, if applicable.4.5.3. Each vendor is solely responsible for delivering its bid to the Authority.4.5.4. Bids will remain sealed until the appointed date and time for opening.4.5.5. Bids will be opened at a time and place prescribed in the RFP.4.5.6. Bids will be reviewed and awarded by the Bid Evaluators, who will sign a form certifying they have no conflicts of interest. Each bid shall be reviewed by two (2) Bid Evaluators.4.5.7. Any bid may be accepted or rejected, in whole or in part, as the Authority feels it to be in the best interest of the Authority. If any bid is rejected, the Authority will provide a written explanation to the bidder.4.5.8. A bidder may make a change to a sealed bid before the bid opening. A bidder must submit changes in writing. To be effective, any change must be received prior to the date and time of the bid opening.4.5.9. Bids will be open for public inspection at anytime after the completion of the public bid opening.4.5.10. When tie bids are received, the Authority shall break the tie by any of the following means: allowing the tied vendors to make a final offer, flip a coin, draw of the cards, or any other impartial method considered prudent by the Authority.4.5.11. The proposed purchase must receive the approval of the Board.4.5.12. The Authority 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 Authority, other than losing an opportunity to receive commodities, services or printing at a reduced cost; and (4) enforcement of the part of the bid in error would be unconscionable.4.5.13. After award of any bids, the entire contract file will be made available to the public.4.6. Protests. Protests apply only to bids, price quotes and awards made under Section 4.5. 4.6.1. The Authority will provide timely written notice to the vendors that were unsuccessful in their bid not being awarded.4.6.2. Submission of Protest.4.6.2.a. Protests based on bid specifications must be submitted no later than five (5) working days prior to the bid opening. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the Authority.4.6.2.b. All protests must be submitted in writing to the Authority and contain the following information:4.6.2.b.1. The name and address of the protestor;4.6.2.b.2. The requisition, solicitation, purchase order or contract numbers;4.6.2.b.3. A statement of the grounds of protest;4.6.2.b.4. Supporting documentation, if necessary; and4.6.2.b.5. The resolution or relief sought.4.6.2.c. Failure to submit the information required by Subdivision 4.6.2.b. shall be grounds for rejection of the protest by the Authority. 4.6.3. Protest Review. 4.6.3.a. The Executive Director or the Associate Director or his or her designee shall review the matter of protest and issue a written decision. A hearing may be conducted at the option of the Executive Director or Associate Director or his or her designee. Continuation or delay of a purchase order or contract award is at the discretion of the Executive Director or Associate Director, or his or her designee.4.6.3.b. The Authority may refuse to review any protests when the matter involved has been decided in a previous protest by the Authority.