W. Va. Code R. § 135-30-10

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

Section 135-30-10 - Suspension and Reconsideration

10.1. Suspension.

10.1.a. The chief procurement officer or director of procurement shall have authority to suspend, for a period not exceeding one year, the right and privilege of a person to bid on purchases of the institution.

10.1.b. The following shall be considered adequate grounds for suspension of a vendor:

(a) a vendor has exhibited a pattern of poor performance in fulfilling its contractual obligation(s) including, but not limited to, providing or furnishing commodities, materials, services or construction late, or at a quantity or quality level below that which is specified in the contract, or repeated instances of poor performance; or

(b) the vendor has breached any contract entered into pursuant to the provisions of West Virginia Code § 18B-5-4 through § 18B-5-9 or this rule, or the vendor has been convicted of any federal or state law punishable as a felony if such conviction is directly related to the performance of a contract entered into pursuant to West Virginia Code § 18B-5-4 through § 18B-5-9 or this rule. Any such suspension must be imposed within one year of the date of the act, omission, or conviction the suspension is based upon, or within one year of the chief procurement officer's discovery of such act, omission, or conviction.

10.2. Reconsideration.

10.2.a. Reconsideration of a decision on suspension by the chief procurement officer or director of procurement may be requested by an aggrieved party to the institution's chief financial officer. A request for reconsideration shall be made in writing within five calendar days after receiving the chief procurement officer's decision and it shall contain the name and address of the aggrieved party, a statement of the grounds for reconsideration with supporting documentation, the relief sought, and if a hearing on the merits is requested.

10.2.b. The chief financial officer will review the request for reconsideration and issue a decision in writing. In the event a hearing on the merits is requested by the aggrieved party, the chief financial officer shall set a time and place for the hearing. The hearing shall be recorded and an official record prepared. Following the hearing, the chief financial officer will issue a decision in writing to the aggrieved party and his or her decision shall be final.

10.2.c. The chief financial officer may refuse to decide any reconsideration when the matter involved is the subject of litigation before a court of competent jurisdiction, or has been decided on the merits by such court. The foregoing shall not apply when the court requests, expects or otherwise expresses interest in the decision of the institution.

10.3. Vice Chancellor for Administration.

10.3.a. An institution that suspends the right and privilege of a vendor to bid on purchases of the institution shall forward a copy of the suspension notice to the chief procurement officer or director of procurement of the Commission Office, who shall maintain a record of such suspension and shall notify all institutions of such suspension.

10.3.b. If the chief procurement officer or director of procurement of the Commission Office determines that the actions of the vendor leading to the suspension by an institution are of a serious enough nature to justify imposition of a system-wide suspension, he or she shall forward the suspension and his or her recommendation to the Vice Chancellor for Administration for review. If the Vice Chancellor for Administration determines that the actions of the suspended vendor justify a system-wide suspension, he or she shall notify the vendor and all institutions of the system-wide suspension.

W. Va. Code R. § 135-30-10