W. Va. Code R. § 126-203-6

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

Section 126-203-6 - Purchasing Requirements

6.1. Documentation associated with all procurements will be maintained.

6.2. All purchases of commodities and services are subject to expenditure approval.

6.3. Contracts will be issued for all procurements, regardless of the dollar amount, to assist with tracking and ensure proper internal controls.

6.4. The vendor will be responsible for submitting an accurate bid to WVBE Purchasing. The bid must be submitted in accordance with the procurement documents and by the specified bid opening time, date, and location.

6.5. Prior to receiving a contract award, a vendor must be a registered vendor as required by the West Virginia State Purchasing Division, produce documentation of any required licenses or insurance, and be in good standing with the State, including the West Virginia Secretary of State and West Virginia Workers' Compensation.

6.6. Vendors that are awarded a contract of $1 million or more are required to provide the WVBE with a completed Disclosure of Interested Parties form authorized by the West Virginia Ethics Commission.

6.7. Vendors are prohibited from providing commodities or performing work without receipt of the awarded contract and notice to proceed, when required. The WVBE will not be responsible for any work performed by a vendor prior to, or not in accordance with, the contract award.

6.8. All requests for commodities or services will be submitted in writing by WVBE staff to WVBE Purchasing by draft purchase order, purchase requisition, or other method prescribed by WVBE Purchasing. All requests require the approval of a person with the appropriate signature authority.

6.9. Upon receipt from WVBE staff, a requisition shall be reviewed by WVBE Purchasing to determine the appropriate sourcing method for the procurement.

6.9.a. Sourcing methods that will be considered include, but are not limited to, a review of inventory from stockroom; State sources (e.g., Correctional Industries, sheltered workshops, surplus property); statewide or agency master agreements; cooperative contracts; or obtaining bids if required by the procurement method levels.

6.9.b. Any WVBE contract requested to be used by another State entity or political subdivision must obtain the written approval of both the WVBE and the vendor.

6.10. Procurement limits will be considered in aggregate, on an annual basis, and are as follows:

6.10.a. $5,000.00 or less - documented attempts to obtain three bids are required. If the procurement is from a sole source, documentation from the sole source stating same must accompany the purchase.

6.10.b. $5,000.01 - $20,000.00 - a minimum of three documented bids is required. If the procurement is from a sole source, documentation from the sole source stating same must accompany the purchase.

6.10.c. Over $20,000.00 must be solicited through wvOASIS.

6.10.d. Limits may be subject to increase when permissible by the State of West Virginia Purchasing Division.

6.11. Any required vendor terms and/or conditions must be submitted and approved before a contract is awarded. Any vendor terms and/or conditions contrary to State law will not be considered.

6.12. All procurement documents issued for a particular procurement shall include the specific date, time, and location for the submission of bids.

6.13. Any bids not submitted by the specified date and time to the specific location will not be considered.

6.14. All bids physically received by WVBE Purchasing will be stamped with the date and time of actual receipt. All bids received through wvOASIS will be electronically stamped by the system.

6.15. All bids will remain sealed until the date and time specified, at which time WVBE Purchasing will open the bids.

6.16. Altering any bid after opening is strictly prohibited.

6.17. A vendor submitting a bid may withdraw the bid at any time prior to the bid opening.

6.18. WVBE procurements will be evaluated in aggregate based upon a rolling 12-month period.

W. Va. Code R. § 126-203-6