W. Va. Code R. § 170-6-26

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

Section 170-6-26 - Impossible to Bid List

26.1. Competitive Bidding Not Required:

26.1.1. Purchaser may purchase the commodities and services on the list directly from the vendor and are not required to solicit competition or have contracts for the purchase of those items approved by the Division. Any items listed on the West Virginia Purchasing Division's Impossible to Bid List are automatically included in the Division's Impossible to Bid List.

26.2. Documentation Requirements:

26.2.1. Even though competitive bidding and Division approval are not required for most Impossible to Bid List procurements, the spending unit must continue to follow documentation requirements associated with the applicable spend threshold, unless otherwise noted below with each item.

26.2.1.a. For example, all vendors must complete vendor registration with the Division, Secretary of State Registration, and the Purchasing Affidavit. Additionally, compliance checks such as vendor debarment, workers' compensation, etc., must be completed prior to completing the transaction.

26.3. Registration Fee Waiver:

26.3.1. The vendor registration fee of $125 for all vendors providing commodities or services under this Impossible to Bid List is waived if it is in the best interest of the Division.

26.3.1.a. This waiver only applies to transactions conducted under this Impossible to Bid List.

26.3.1.b. If the vendor in question also obtains contracts through competitive bidding, direct award, or some other method, fee payment will be required.

26.4. The following items comprise the Impossible to Bid List of commodities and services that may be purchased directly by Purchasers without advertisement or bid:

26.4.1. Advertising:

26.4.1.a. Any advertisement placed directly with newspapers, trade magazines, internet publications, social media or billboards;

26.4.1.b. Broadcast television and radio advertisements and creative services or marketing services to create such advertisements placed directly with the broadcaster or publisher; or

26.4.1.c. Participation fees for trade shows, conferences, or conventions.

26.4.2. Artwork and Historical Items:

26.4.2.a. This purchase of and service to artwork and historical items, i.e. restoring governors' portraits, refurbishing chandeliers, etc.

26.4.2.a.1. Purchasers attempting to procure commodities and services under this item must obtain written approval from the Procurement Section or the DAS - Purchasing Section prior to making any purchase.

26.4.3. Attorneys and Law Firms:

26.4.3.a. Hiring attorneys and law firms in an official attorney-client capacity.

26.4.3.b. Nothing in this item eliminates the approval or oversight residing within the Attorney General's office.

26.4.4. Aviation Fuel:

26.4.4.a. The purchase of aviation fuel but excludes bulk purchases for delivery to state dispensing stations.

26.4.5. Governmental Agencies (Only includes):

26.4.5.a. Contracts between governmental agencies and spending units when a state or federal law requires the commodity or service be obtained from the governmental agency (any contract or purchase order issued must cite the law and maintain a copy on file); and

26.4.5.b. Regulatory fees legally imposed by government agencies.

26.4.5.b.1. Governmental entities are not required to register with the Secretary of State's Office, so the compliance check is not required.

26.4.5.b.2. If the governmental entity is a West Virginia state agency, then the Purchasing Affidavit is not required.

26.4.6. Entertainers:

26.4.6.a. This includes individuals and/or groups contracted at the request of the Division to entertain or to assist in the production of entertainment.

26.4.7. Hospitality:

26.4.7.a. This includes expenses for food, beverages, facility rental and entertainment relating to conducting Division business.

26.4.8. Media License Fees:

26.4.8.a. This includes program license fees for radio or television.

26.4.9. Medical Fees:

26.4.9.a. Medical services (behavioral and physical) from individual doctors, dentists, clinics, hospitals, laboratory testing facilities, audiologists, county medical examiners, physical and occupational therapists, behavioral counseling and evaluations, etc. for individual patients, inmates, students and clients where the Division is responsible for payment for this one-time service; or

26.4.9.b. Programs designed for low income / uninsured patient care on an individual basis provided that the program is open to all service providers.

26.4.9.c. Body transportation for corpses and indigent burial expenses and direct award medical and psychological consultants for the purpose of determining Federal Social Security Administration Disability by the Disability Determination Services of the WV Division of Rehabilitation Services.

26.4.9.d. Medical fees for the purposes of determining vocational rehabilitation needs of clients of the Division of Rehabilitation Services.

26.4.9.e. This does not include inmate health care management, hospital management, consulting services or agreements to provide services for groups of patients, inmates, students or clients, etc. for state agencies.

26.4.10. Postage:

26.4.10.a. Stamps and other non-competitive mailing services from the United States Postal Service, not to include services available from statewide contracts.

26.4.10.a.1. The Purchasing Affidavit and Secretary of State registration are not required for transactions processed under this item.

26.4.11. Professional Association Dues:

26.4.11.a. Membership fees or association dues for professional associations that perform a licensing, certification or accreditation function for state employees or agencies (i.e., West Virginia State Bar, West Virginia Board of Accountancy, etc.).

26.4.12. Railroad Car Hire Fees:

26.4.12.a. National association fees required from all railroads to monitor the location and use of railroad cars for the owners.

26.4.13. Investigative Services; Subject Matter Experts and Witnesses for Administrative Hearing and Legal Proceedings:

26.4.13.a. 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.

26.4.13.b. This does not include agency consulting services or former employees retained by their agency or hired by another agency.

26.4.14. Subscriptions and publications:

26.4.14.a. This includes newspapers, textbooks, and publications (electronic and hard copy) purchased directly from the publisher.

26.4.15. Training Activities:

26.4.15.a. This includes lecturers, honorariums, copyrighted test and training materials, test monitors/examination proctors, and registration fees.

26.4.16. Utilities Regulated by the Public Service Commission:

26.4.16.a. This includes natural gas, water, sewage, electric, telephone, garbage, cable television service, connection fees, trash hauling and dumpster rental (if there is only one PSC approved hauler is in the area).

26.4.16.b. This does not include propane gas, coal and satellite television, all of which must be competitively bid.

26.4.17. Court Ordered Payments:

26.4.17.a. This 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 listed above but spending units should comply with those requirements where possible.

26.4.18. Emergency Services (Non-Construction and Non-Architectural/Engineering "A/E"):

26.4.18.a. This includes non-construction and non-A/E services that must be procured on an emergency basis when:

26.4.18.a.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

26.4.18.a.2. Formal bidding would delay a response to a declared state of emergency.

26.4.18.a.3. Any use of this item must be approved by the Director in advance.

26.4.19. Vaccines:

26.4.19.a. This item includes vaccines purchased through contracts issued by the Centers for Disease Control (CDC).

26.4.20. Transcripts from Court Reporters Employed by Court, Judge or Opposing Counsel:

26.4.20.a. This includes transcripts procured from court reporters who are employed by the court, judge or opposing counsel.

26.4.20.b. These transactions are exempted from all documentation requirements listed above but spending units should comply with those requirements where possible.

26.4.21. Copies of Government Documents/Records Obtained from the Government:

26.4.21.a. This 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 a government entity for other official documents or records obtained from that government entity.

26.4.21.b. Examples of allowable transactions include but are not limited to; fees associated with obtaining documents from the federal court's PACER system, similar fees charged by county or local courts for records, fees required to obtain official copies of real estate records from the County Clerk's Office, and FOIA fees.

26.4.22. Commodities or services for a shared facility arrangement with the U.S. Government:

26.4.22.a. Effective July 1, 2018, commodities or services contracted by the U.S. Government and provided to the Division when those commodities or services are:

26.4.22.a.1. Offered as part of a shared facility arrangement; or

26.4.22.a.2. Those commodities or services for the Division cannot be easily separated from those for the U.S. Government.

26.4.22.b. The Purchasing Affidavit and Secretary of State registration are not required for transactions processed under this item.

26.4.23. Automobiles:

26.4.23.a. Effective July 1, 2022, this item includes cars, trucks and SUV's, unless readily available on a state contract, and one of the following conditions are met:

26.4.23.a.1. The automobile class is not available on the statewide contract or is on the statewide contract but cannot be utilized due to manufacturer inability or unwillingness to accept new orders; or,

26.4.23.a.2. The purchase of the automobile from the statewide contract would result in receiving a current model year automobile in a future model year.

26.4.24. West Virginia Statewide Interoperable Radio Network (SIRN) and West Virginia Integrated Flood Observation and Warning System (IFLOWS) Purchases:

26.4.24.a. As a matter of public safety, this includes all parts, supplies, services, equipment, calibration of said equipment, testing, software and any other costs or fees related to the SIRN and IFLOWS systems.

W. Va. Code R. § 170-6-26