W. Va. Code R. § 135-43-2

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

Section 135-43-2 - DEFINITIONS

2.1 As used in this rule, all terms have the same meaning as provided in West Virginia Code § 18B-1-2, and as follows:

2.1.1. "Bid" means an offer to perform a contract for service, work and labor, or the supplying of goods, materials, equipment or printing at a specified price in accordance with the specifications in a request for bids.

2.1.2. "Bidder means one who makes a bid.

2.1.3. "Bulk purchasing" means the acquisition or procurement of materials, supplies, equipment, services and printing in quantity in order to benefit from the most favorable terms, prices and economies of scale.

2.1.4. "Buyer" means an individual designated by a chief procurement officer to perform designated purchasing and acquisition functions as authorized by the chief procurement officer.

2.1.5. "Chancellor" means the chief executive officer of the Commission employed pursuant to W. Va. Code § 18B-1B-5.

2.1.6. "Chief procurement officer" means the individual designated by a president of a state institution of higher education to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for that institution. For the Commission's Office and West Virginia Network for Educational Telecomputing, the chief procurement officer is the person designated by the Chancellor.

2.1.7. "Commission Office" means the office that houses the Chancellor, Vice Chancellor for Administration and other Commission staff.

2.1.8. "Commodity" means an article which is useful or serviceable, particularly an article of merchandise movable in trade; a good, or service of any kind, including construction; an article of trade or commerce; things that are bought and sold.

2.1.9. "Competitive bidding" means bids that are submitted in response to an invitation, public notice or advertisement of an intended sale or purchase.

2.1.10. "Electronic marketplaces" means an environment in which participating buyers and sellers exchange information about prices and product offerings and the procurement and payment process is conducted primarily via the Internet and websites of both the buyers and sellers.

2.1.11. "Electronic remitting" means to send or transmit documents, information or money (as in the transfer of funds or for payment of goods and services) by means of computer, telephone or electronic instrument from the originator to the recipient.

2.1.12. "Essential service" means something basic; a commodity that is necessary, indispensable, or unavoidable and is purchased in a routine, repetitive, and noncompetitive manner.

2.1.13. "F.O.B. destination" and "free on board destination" mean the seller or vendor must transport or pay for the transportation of the materials, supplies, equipment, services and printing, to the point of destination specified in the contract.

2.1.14. "Governing Boards" or "Boards" means the institutional boards of governors created pursuant to West Virginia Code § 18B-2A-1(b).

2.1.15. "Institution(s)" means any public West Virginia university, college, community and technical college, individually or collectively, created pursuant to West Virginia Code § 18B-1-2. For the purposes of this rule, the Commission's Office and West Virginia Network for Educational Telecomputing shall also be considered institutions.

2.1.16. "President" means the executive officer of an institution.

2.1.17. "Sole source" means only one vendor can supply the desired product or service.

2.1.18. "Single source" means that the desired product or service is available from only one supplier because of the uniqueness and characteristics of the product or service offered.

2.1.19. "Responsible bidder" and "responsible vendor" mean a person and/or vendor who have the capability in all respects to perform contract requirements, and the integrity and reliability that will assure good faith performance.

2.1.20. "Responsive bidder" and "responsive vendor" mean a person and/or vendor who have submitted a bid that conforms in all material respects to the invitation to bid.

2.1.21. "Reverse Bidding" means (1) an offer by an intended purchaser to a seller to pay a designated price for the specified material, supplies, equipment, services and printing; (2) the buyer uses the electronic marketplace to set a date and time for interested vendors to bid on certain commodities, an opening bid is made, and other vendors follow by bidding downward until no one chooses to sell to the buyer at a lower price.

2.1.22. "Sealed bid" means bid submitted under seal, and which is not to be opened until a specified time at which all bids are to be opened and compared.

2.1.23. "Vendor" means a seller of goods and services.

2.1.24. "West Virginia Council for Community and Technical College Education" or "Council" means the Council created pursuant to West Virginia Code § 18B-2B-1 et seq.

2.1.25. "Vice Chancellor for Administration" means that person employed by the Chancellor in accordance with West Virginia Code § 18B-4-2. The Vice Chancellor for Administration shall assume all powers and duties that were assigned to the Senior Administrator.

W. Va. Code R. § 135-43-2