W. Va. Code R. § 157-14-7

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

Section 157-14-7 - Evaluation of Proposals

7.1. Immediately following the bid opening, the Division begins to assess all the bids to determine which should be accepted. The review process will examine if the bid is considered responsive and if the bid analysis confirms the bid is valid. The Division always reserves the right to reject all bids if it is deemed to be in the best interest of the State of West Virginia.

7.2. The conditions for disqualifying bidders are:

7.2.a. A bidder may only submit one proposal for the work, and submitting more than one proposal by an individual, firm or corporation may result in disqualification.

7.2.b. The bidder is required to provide an affidavit attesting their bid was prepared and submitted without collusion with other bidders. Any evidence of collusion among bidders will likely result in both bidders being ineligible to bid future Department work until reinstated.

7.3. During the bid review process, the Division will confirm if the contractor is on the debarment list by checking the System for Award Management and the West Virginia Debarred and Suspended Vendor List. Contractors that are currently debarred are not allowed to submit a bid. The State may not award or renew contracts with vendors which are not in good standing. The Division will confirm with the Tax Department if outstanding debts are owed to the State.

7.4 The law requires a proposal guaranty or bidder's bond to accompany and be submitted with each bid. The proposal guaranty is set at an amount equal to no more than 5% of the bid, and not less than $500.00.

7.4.a. Failure to submit a proposal guaranty is cause for rejection of a bid. Electronic bonds are preferred; the Department will accept a cashier's or certified check up until 4:00 PM the day prior to the bid opening.

7.4.b. The contractor will forfeit their proposal guaranty if they are determined to be the low bidder, and they fail to execute the contract or agreement.

7.4.c. The other bidders' proposal guaranties are released once the Division has secured a fully executed contract or agreement. A contractor may withdraw their bid prior to bid opening without fear of forfeiture.

W. Va. Code R. § 157-14-7