Current through Register Vol. XLI, No. 50, December 13, 2024
Section 144-3-6 - General Procurement Methods6.1. Purchases of $50,000 or less, except for those made pursuant to §145-17-5 of this rule, shall be subject to the following requirements: 6.1.1. Purchases of $50,000 or less per transaction for commodities and services may be made without processing the purchase as a formal solicitation, provided the purchase adheres to the purchasing procedures established by this rule.6.1.2. A series of requisitions or procurements may not be intentionally used to circumvent competitive bidding or spending thresholds, otherwise known as stringing.6.2. Purchases in excess of $50,000. 6.2.1. Purchases of commodities or services in excess of $50,000, except for those made pursuant to §145-17-5 of this rule, shall be made by the Procurement Officer through the use of competitive bidding: Provided, That a purchase may be exempt from competitive bidding if it is made pursuant to an exception provided for in this rule.6.3. Open-End Contracts.6.3.1. The Department may secure, and once secured may use, open-end contracts to obtain commodities and services to supply the repetitive needs of the Department.6.4. Best Value Procurement. 6.4.1. The Procurement Officer may utilize best value procurement to enter into a contract when he or she determines in writing that it is advantageous to the Department.6.4.2. In order to utilize a request for proposal using best value procurement, the Department must document reasonable justification as to why an evaluation based solely on price and compliance with stated specifications would not be adequate.6.4.3. The Procurement Officer shall review each request to utilize a request for proposal using best value procurement and may permit the use thereof if he or she determines that it is in the best interest of the Department.6.4.4. A request for proposal using best value procurement must contain provisions necessary to conduct a two-part evaluation, the first part being a review of the proposal against the requirements sought in the request for proposal to determine whether each proposal is responsive and may be considered further, and the second part being a review of the proposals against one another to determine the best value to the Department, given the overall value of the proposals to the Department, including a consideration of price differences between proposals made.6.4.5. The vendor determined to provide the best value to the Department will be awarded the contract.6.5. Purchases Utilizing Other Public Agencies and Entities. 6.5.1. Notwithstanding the Department's exemption from W. Va. Code §5A-3-1 et seq., where the Secretary determines it is in the best interest of the Department, the Department may utilize the services of the Division of Purchasing in the procurement process.6.5.2. In the discretion of the Procurement Officer, the Department may purchase from, join as a party, or otherwise utilize contracts issued by agencies of the federal government, agencies of other states, other public bodies, or other state agencies.6.5.3. The Procurement Officer may sign an agreement with a vendor that has the effect of adding the Department to a contract issued by agencies of the federal government, agencies of other states, other public bodies, or other state agencies.6.5.4. The Procurement Officer may lead, participate in, or join after issuance cooperative purchasing arrangements with other public agencies, entities created by public agencies, or non-profit entities, including without limitation institutions or entities affiliated with institutions of higher education.6.5.5. Before undertaking any activity authorized by this subsection, the Procurement Officer shall determine that the contracts being utilized and/or created are valid, properly awarded, financially advantageous, and comparable to what can be obtained through competitive bidding. The last requirement will be satisfied if the contract was created or is to be created from a competitive procurement method.6.6. Negotiation When All Bids Exceed Available Funds.6.6.1. Prior to receiving bids, a valid maximum budgeted amount for each requisition may be determined, which may not be disclosed to any vendor prior to the bid opening and may not be changed after the bid opening.6.6.2. If all bids meeting requirements exceed the funds available for the purchase, the Procurement Officer may negotiate a lower price within budget with the lowest bidder meeting specifications.6.6.2.a. If the negotiation does not lead to the budget amount being met, the Procurement Officer may negotiate a lower price within budget with the next lowest bidder and continue negotiations with participating bidders after negotiations close with the preceding bidder.6.6.2.b. In conducting discussions, there may be no disclosure of any information derived from proposals by competing bidders.6.6.3. If the Procurement Officer solicits bids using a best value procurement, and there is more than one bidder, the Procurement Officer may negotiate a lower price with the highest ranked bidder. If the Procurement Officer does not award the contract to the highest scoring bidder, he or she may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder and may continue to do so in like manner with the remaining responsive and responsible bidders. 6.6.3.a. Nothing contained herein is intended to supersede requirements contained in W. Va. Code §5G-1-1 et seq.6.6.4. The Procurement Officer shall determine the method of negotiation.6.7. Discussion and Final Offers. 6.7.1. The Procurement Officer may conduct discussions to obtain best and final offers from bidders to assure full understanding of solicitation requirements.6.7.2. All best and final offers shall be treated like a formal bid, except that advertising is not required.6.7.3. All bidders must provide their best and final offers to the Procurement Officer prior to the date and time specified by the Procurement Officer.6.8. Contract Management. 6.8.1. For contracts for commodities and services in the amount of $1 million or less, the Procurement Officer may prescribe contract management procedures for all Department contracts, which procedures may include, but are not limited to, the following: 6.8.1.a. Establishing payment benchmarks to assure the Department receives value prior to remitting payment.6.8.1.b. Conducting regular meetings with vendors to assess contract performance, as necessary.6.8.1.c. Training Department personnel to manage contracts.6.9. Substitutions. 6.9.1. Substitution of items called for in a contract is not permitted without the Procurement Officer's prior approval.6.9.2. The Procurement Officer will not approve substitution of items unless the substituted items are of equal quality and are offered at the same or lower price.