W. Va. Code R. § 145-17-2

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

Section 145-17-2 - Definitions

2.1. "Agency Delivery Order" means a written order to the vendor against a master agreement authorizing quantities, commodities, and services be delivered in accordance with the terms, conditions, and prices stipulated in the original contract.

2.2. "Best Value Procurement" means a purchasing method used in awarding a contract based on evaluating and comparing all established quality criteria where cost is not the sole determining factor in the award.

2.3. "Bid" or "Bids" mean anything that a vendor submits in response to a solicitation that constitutes an offer to the State and includes, but is not limited to, documents submitted in response to a request for quotation, proposals submitted in response to a request for proposal, or proposals submitted in response to an expression of interest.

2.4. "Capital Improvements" means activities that are directed toward expanding the capacity of an asset or otherwise upgrading it to serve needs different from, or significantly greater than, its current use.

2.5. "Department" means the Department of Economic Development, including the Office of the Secretary and the Office of Energy.

2.6. "Direct Award" means a procurement method allowing for the non-competitive purchase of commodities or services when only one vendor can supply the needed commodity or service under the circumstances or no other vendor is willing or available to replace the existing vendor without a detrimental effect on the Department.

2.7. "Director" means the Secretary of the Department, Deputy Secretary of the Department, or any Director of any section or office within the Department.

2.8. "Division of Purchasing" or "Purchasing Division" means the central office within the Department of Administration providing purchasing and travel services to State agencies.

2.9. "F.O.B. destination" and "free on-board destination" mean the seller or vendor must transport or pay for the transportation of commodities and services to the point of destination specified in the contract.

2.10. "Non-responsible" means not having the capability to fully perform the contract requirements and lacking the integrity and reliability which will assure good-faith performance.

2.11. "Maintenance and repairs" means activities directed toward keeping fixed assets in an acceptable condition. Activities include preventative and deferred maintenance; replacement of parts, systems or components; and other activities needed to preserve or maintain the asset.

2.12. "Non-responsive" means a bid that fails to conform to the solicitation in all material respects.

2.13. "Open End Contract" or "Master Agreement" mean a contract that covers a period of time in which all terms, conditions, and prices are specified for quantity.

2.14. "Procurement Officer" means the Procurement Officer of the Department or anyone the Procurement Officer has designated to perform specific tasks or functions.

2.15. "Purchasing Liaison" means an employee of the Department that is responsible for the procurement of goods and services for a particular section or office.

2.16. "Requisition" means a written or electronic request sent to the Procurement Office for the purchase of commodities and services.

2.17. "Secretary" or "Cabinet Secretary" means the Secretary of the Department.

2.18. "Section" or "Sections" means any section or office within the Department.

2.19. "Stringing" means issuing a series of requisitions or dividing or planning procurements to circumvent competitive bidding or spending thresholds.

2.20. "Working days" means Monday through Friday, excluding Saturday, Sunday, state holidays and days that government offices are closed due to declaration of an emergency.

2.21. All other terms shall have the same meaning prescribed in W. Va. Code §5A-1-1 and §5A-3-1 et seq.

W. Va. Code R. § 145-17-2