W. Va. Code R. § 126-203-7

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

Section 126-203-7 - Formal Procurement Documents and Processes

7.1. Request for Quotation (RFQ).

7.1.a. An RFQ shall contain a detailed description of, or specification for, the item(s) being purchased, any required delivery date, quantities, bid price per unit, deadlines, and information on how to complete and submit the RFQ bid.

7.1.b. All bids will be reviewed by WVBE Purchasing and the office requesting the item(s) to verify which bid(s) meet(s) the requirements of the RFQ.

7.1.c. The award will be made to the lowest responsible and responsive vendor.

7.2. Direct Award:

7.2.a. A direct award is a procurement method occurring only if:

7.2.a.1. the procurement file, at a minimum, contains the following:

7.2.a.1.A. written justification that the direct award is in the best interest of the State; and

7.2.a.1.B. documentation of efforts used to determine that there is no other known source, or that no other known source is willing or able to replace the existing source, without a detrimental effect; vendor's assertions of their sole source status alone is not sufficient evidence of such status; and

7.2.a.1.C. another vendor has not expressed an interest in providing the commodity or service requested.

7.2.b. A direct award may be used for procurements determined to be non-competitive, including the list of commodities and services described in the West Virginia State Purchasing Division Procedures Handbook.

7.2.c. A direct award contract may be extended or renewed if the request is substantiated by a written justification of continuation of the contract and there is not a price increase or a modification to the scope of work under the current award.

7.3. Request for Proposals (RFP).

7.3.a. RFP documentation is required to define the desired commodities and services to allow comparability of submitted bids.

7.3.b. Procurements made through an RFP will be advertised through the State's electronic procurement system.

7.3.c. Since RFPs require a two-part bid opening, technical proposals will be opened and fully evaluated before cost proposals are opened. Vendors will be notified of the date and time the cost portion will be opened.

7.3.d. At the date, time, and location of the bid opening, the bids received will be opened and the names of the vendors submitting a bid will be documented. WVBE Purchasing will verify that the technical portion and cost portion of the bids are separate, and that the cost portion is appropriately sealed. Any vendor who submits cost proposal information within their technical proposal will be disqualified from the RFP process and that bid will not be considered.

7.3.e. After all bids are opened, the technical portion of each bid will be submitted to the named evaluation committee. The cost portion of the bids will remain sealed until the technical evaluation has been completed.

7.3.f. Evaluation Committee.

7.3.f.1. The evaluation committee will consist of either three or five voting members and will be limited to WVBE employees or other State employees.

7.3.f.2. Before an employee can participate as an evaluation committee member, the employee shall complete the required training. The training must have been completed within the prior 12-months. WVBE Purchasing will maintain copies of training completion certificates for committee members.

7.3.f.3. A non-state employee may be permitted to serve as a non-voting advisor or subject matter expert with prior approval of the evaluation committee. Individuals serving as advisors or subject matter experts will be required to sign a non-conflict of interest form provided by WVBE Purchasing.

7.3.f.4. A committee chairperson or co-chairperson shall be selected by the committee. The chairperson will act as the committee liaison to WVBE Purchasing.

7.3.f.5. Evaluation committee members will evaluate the bids in a fair and consistent manner that does not attempt to influence or manipulate other members.

7.3.f.6. The committee shall complete a consensus evaluation.

7.3.f.7. After WVBE Purchasing has accepted the recommendation of points assigned, the cost portion of all bids meeting the required minimum acceptable score will be opened.

7.3.f.8. The evaluation committee will complete the cost score of each bid still being considered and combine the cost score with the technical score to arrive at each bidder's total score.

7.3.f.9. The contract will be awarded to the vendor submitting the bid with the highest total score.

7.4. Emergency Procurements.

7.4.a. If an emergency procurement is determined to be necessary, the WVBE will adhere to the procurement methods included in this rule to the extent practicable.

W. Va. Code R. § 126-203-7