W. Va. Code R. § 145-17-4

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

Section 145-17-4 - Duties of Procurement Officer

4.1. Procurement Officer shall:

4.1.1. Ensure that purchases and contracts for commodities and services are based on competitive bids whenever possible.

4.1.2. Establish a list of commodities and services that are not possible to submit for competitive bid by the Department.

4.1.2.a. Sections and offices may purchase the commodities and services on the list directly from the vendor and are not required to solicit competitive bids for purchase of those items approved by the Procurement Officer. However, competitive bidding is always encouraged.

4.1.2.b. Section and office requests to add commodities or services to the list must be accompanied by written justification and an explanation of why competitive bids are not possible.

4.1.2.c. Nothing in this subsection supersedes or replaces the Attorney General's authority to approve contracts as to form.

4.1.3. Purchase or contract for, in the name of the Department, the commodities and services required by the Department's sections and offices.

4.1.4. Prescribe the manner in which commodities and services shall be purchased, delivered, stored, and distributed.

4.1.5. Review specifications and descriptions before soliciting bids to ensure specifications and descriptions do not favor a particular brand or vendor.

4.1.6. Accept or reject any and all bids in whole or in part.

4.1.7. Waive minor irregularities in bids or specifications when the Procurement Officer determines such action to be appropriate.

4.1.8. Apply and enforce standard specifications.

4.1.9. Prescribe the amount of deposit or bond to be submitted.

4.1.10. Prescribe in each contract provisions for liquidated damages, remedies, or other damage provisions in the event of vendor default.

4.1.11. Prescribe the manner of inspection for all deliveries of commodities and services.

4.1.12. The Procurement Officer may authorize staff to review, audit, and approve section requests, purchases, and other transactions and performance that fall under the duties of the Procurement Office. Authorized staff shall have access at any and all times to personnel, records, reports, and other documents, as needed. Authorized staff may also provide relevant training for Department personnel.

W. Va. Code R. § 145-17-4