W. Va. Code R. § 126-203-3

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

Section 126-203-3 - Definitions

3.1. Award. Written determination of the selection of a vendor to perform under a contract issued after encumbrance and final WVBE approval.

3.2. Best Value Procurement. Procurement method used in awarding a contract based on evaluating and comparing all established quality criteria and cost is not the sole determining factor in the award. This includes RFPs and EOIs.

3.3. Bid. Offer by a vendor in response to a procurement document to provide commodities or services in accordance with the specifications of the WVBE-issued procurement document and includes a proposal to an RFP.

3.4. Bond. Surety or other security that guarantees payment or performance under a contract, including a bid bond, labor and material payment bond, maintenance bond, and performance bond.

3.5. Change Order. Written modification or amendment to a WVBE-issued contract in the manner provided in the contract or upon the mutual consent of the WVBE and the vendor.

3.6. Commodities. Goods, supplies, materials, equipment, or any other tangible item.

3.7. Contract. Binding agreement entered into between the WVBE and a vendor to provide the commodities or services requested in the procurement and includes a purchase order.

3.8. Cooperative Procurement. Use of a contract awarded by another entity, including but not limited to, another State agency, board, commission, or another organization regularly involved in the procurement of commodities or services for which the process of procurement and award were determined by the WVBE to be in accordance with reasonable procurement standards.

3.9. Direct Award. Procurement method to award a contract to a vendor able to provide the commodities and services when it is asserted that there is not any known competition.

3.10. Emergency Procurement. Acquisition method used when unforeseen circumstances have arisen including, but not limited to, a threat to public health, welfare, or safety, to a degree that immediate action is warranted to stabilize the situation or protect the State's assets, not because of poor planning, neglect, or lack of organization.

3.11. Expression of Interest (EOI). Procurement method that seeks vendors to provide information and express an interest in a procurement for architectural and engineering services.

3.12. FOIA. Freedom of Information Act provided in W. Va. Code § 29B-1-1, et seq.

3.13. Life Cycle Costing. Evaluation method that considers the cost of the commodity and service being acquired over its expected life or usage.

3.14. Master Agreement. Contract with specified terms and conditions except quantity, which shall also be known as an open-end contract.

3.15. Procurement. Process of purchasing, renting, leasing, or otherwise acquiring, receiving, and maintaining commodities and services.

3.16. Procurement Document. RFQ, RFP, RFI, EOI or other document and all attachments related to the bidding or other means used to acquire commodities and services.

3.17. Protest. Formal written statement from a prospective or an actual vendor that states the vendor's dissent or disagreement as to either specification(s) or contract award.

3.18. Request for Information (RFI). Document issued by the WVBE seeking information to aid in preparing specifications.

3.19. Request for Proposal (RFP). Document issued by the WVBE to obtain commodities and services for which cost is not the sole determining factor for award.

3.20. Request for Quotation (RFQ). Document issued by the WVBE to obtain a quotation or bid.

3.21. Requisition. Written or electronic request for the purchase of commodities and services.

3.22. Responsible Vendor. Vendor believed to have the capability to perform a contract and the integrity and reliability to assure good faith performance.

3.23. Responsive Vendor. Vendor submitting a bid that conforms in all material respects to the requirements and specifications of a procurement document.

3.24. Services. Intangible items including, but not limited to, labor, time, expertise, maintenance, software, and service agreements.

3.25. Specification. Clear and accurate description of the physical, functional or performance characteristics, or nature of a commodity being acquired, and including, but not limited to, requirements for inspection, testing, and performance.

3.26. State. State of West Virginia.

3.27. Total Ownership or Operational Cost. Evaluation method that considers the costs of signing, bidding, implementing, operating, training, transitional costs, residual value, disposal, and processes for a commodity or service.

3.28. WVBE. For the purposes of this policy: West Virginia Board of Education, West Virginia Department of Education, West Virginia Schools of Diversion and Transition, and the West Virginia Schools for the Deaf and the Blind.

3.29. WVBE Purchasing. Offices within the WVBE with personnel assigned to oversee and manage procurement.

3.30. Vendor. Person or entity considering or submitting a bid, a person or entity selected as the lowest responsible vendor in connection with a bid, or a person or entity that has been awarded the contract.

W. Va. Code R. § 126-203-3