W. Va. Code R. § 145-17-11

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

Section 145-17-11 - Exemptions

11.1. Commodities and Services Identified as Impossible to Bid.

11.1.1. Spending unit may purchase commodities and services on the list directly from the vendor without advertisement or bid and are not required to have contracts for the purchase of those items under $50,000. Over $50,000.01 contract documents are required.

11.1.2. Even though competitive bidding is not required for the Impossible to Bid List, the agency must continue to follow documentation requirements associated with the applicable threshold of purchases over $50,000.01 unless otherwise noted with each item. For example, all vendors must complete vendor registration with the Division of Purchasing, Secretary of State Registration, agency Terms and Conditions and the Purchasing Affidavit. The use of a purchase order is required for purchases over $50,000.01 and the agency shall continue to submit contracts to the Attorney General's office for approval. Governmental entities are not required to register with the Secretary of State's Office, so the compliance check is not required. Additionally, if the governmental entity is a West Virginia state agency then the Purchasing Affidavit is not required.

11.1.3. Commodities and Services Impossible to bid are as follows:

11.1.3.a. Advertising: This item includes any advertisement placed directly with newspapers, trade magazines, internet publications, social media or billboards. This item includes broadcast television and radio advertisements placed directly with the broadcaster or publisher and program license fees for radio and television. Additionally, this item includes participation fees for trade shows, conferences, or conventions. This item does not include indirect placement, promotional items, or advertising consultant services.

11.1.3.b. Attorneys and Law Firms: This item includes hiring attorneys and law firms in an official attorney-client capacity. Nothing in this item eliminates the approval or oversight residing within the Attorney General's Office.

11.1.3.c. Governmental Agencies: Governmental entities are not required to register with the Secretary of State's Office so that compliance check is not required. Additionally, if the governmental entity is a West Virginia state agency then the Purchasing Affidavit is not required.

11.1.3.d. Grants: Any and all state or federal grants awarded to any entity. Also exempt from competitive bidding, except where required by federal regulation, are contracts for commodities or services using federal grant funds for which the state agency receives no benefit. In such cases the spending limit thresholds for federal procurement apply.

11.1.3.e. Hospitality: This item includes expenses for food, beverages, facility rental and entertainment relating to conducting state business.

11.1.3.f. Postage: This item includes stamps and other non-competitive mailing services from USPS but does not include services available from statewide contracts. The Purchase Affidavit and Secretary of State registration are not required for transactions process under this item.

11.1.3.g. Professional Association Dues: This item includes membership fees or association dues for professional associations that perform a licensing, certification or accreditation function for state employees or agencies.

11.1.3.h. Investigative Services: Subject Matter Experts and Witnesses for Administrative Hearing and Legal Proceedings: This items includes obtaining investigative services and the services of a subject matter expert or witness that is intended to help prepare for, or will be utilized in, administrative or legal hearings/proceedings. This item does not include any agency consulting services or former employees retained by their agency or hired by another agency.

11.1.3.i. Subscriptions and publications: This item includes newspapers, textbooks, and publications - electronic and hard copy - purchase directly from the publisher. This item also includes database subscriptions for statical information, labor market data, business intelligence and data analysis. Additionally, this item will include any subscriptions for databases related to any state or federal grant requirement.

11.1.3.j. Training Activities: This item includes lecturers, honorariums, copyrighted test and training materials, test monitors/examination proctors, and registration fees, where competition is not available.

11.1.3.k. Court Ordered Payments: This item includes court order payment. A copy of the court order must be maintained in the agency file, unless sealed and restricted by the respective judge. If the order is sealed and restricted, an explanation must be maintained in the agency file referencing the court order. Court ordered payments are exempt from all documentation requirements.

11.1.3.l. Emergency Services (Non-Construction and Non-Architectural/Engineering): This item includes non-construction and non-A/E services that must be procured on an emergency basis when (1) formal bidding would cause the government to lose the ability to perform some critical function for itself or citizens of the State of West Virginia, or (2) formal bidding would delay a response to a declared state of emergency.

11.1.3.m. Transcripts from Court Reporters Employed by Court, Judge or Opposing Counsel: This item includes transcripts procured from court reporters who are employed by the court, judge or opposing counsel. These transactions are exempted from all documentation requirements.

11.1.3.n. Copies of Government Documents/Records Obtained from the Government: This item includes fees paid to the government entity required to obtain records of court and administrative proceedings as well as documents filed in those proceedings, and charges paid to the government entity for other official documents or records obtained from that government entity. An example are FOIA fees.

11.1.3.o. Commodities or services for a shared facility arrangement with the U.S. Government: Commodities or services contracted by the U.S. Government and provided to a state agency when those commodities or services are:

(1) offered as part of a shared facility arrangement, and

(2) those commodities or services for the State cannot be easily separated from those for the U.S. Government.

11.1.3.p. Obtaining Commodities through the Federal Surplus Property Program: This item includes requests to obtain federal surplus property through the WV State Agency for Surplus Property (WVSASP). Both the donation and fixed price sale methods of obtaining federal property are included. The agency must facilitate the transaction through the WVSASP. The necessary documentation to facilitate the transaction can be obtained from the WVSASP.

W. Va. Code R. § 145-17-11