W. Va. Code R. § 126-85-79

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

Section 126-85-79 - Procurement Standards

79.1. USDA regulations provide standards for the use of the child nutrition program funds. These standards ensure that the procurement of supplies (including food and equipment) and services is in compliance with applicable federal law and executive orders. A complete description of the procurement standards for child nutrition programs is found in 7 CFR Part 3016.

79.2. Each SFA shall maintain a written code of conduct to govern the performance of its employees who have the authority to contract or expend program funds. The contract shall provide for disciplinary action for violators of such standards. No person shall solicit nor accept personal gratuities, favors or anything of material monetary value from contractors and vendors or potential contractors and vendors.

79.3. All procurement transactions, regardless of method or dollar value of purchase, shall be conducted in a manner that will provide open and free competition. Positive efforts shall be made to utilize small businesses and minority-owned businesses as sources of supplies and services. The cost plus a percentage of cost contract type shall not be used. A firm-fixed-price contract or cost reimbursable contract is allowable.

79.4. Each SFA shall also have written selection procedures for procurement. Federal regulations require agencies receiving federal funds to obtain price quotations from an adequate number of qualified sources (three) and to purchase from a responsible vendor quoting the lowest price.

79.5. Regulations specify that formal advertising or competitive sealed bids must have complete and adequate, written specifications; such descriptions, however, shall not contain features that unduly restrict competition. If a particular brand is specified, a clear description of the specific features that must be met shall be clearly stated. The invitation to bid must be publicly advertised and all bids shall be opened publicly at the time and place stated in the invitation to bid. A firm-fixed-price contract shall be awarded to the lowest, responsible bidder. Any bid may be rejected when there is documentation of unsuccessful bidder performance.

79.6. All written contracts must contain a Certification Regarding Debarment and a Non-Collusion Affidavit.

79.7. Contracts awarded for an extended period of time or recurring contract renewals could be considered a violation of providing the opportunity for open and free competition.

79.8. Program aids to assist with purchasing are available from the WVDE or the SFA. School personnel may contact these offices for technical assistance.

W. Va. Code R. § 126-85-79