Current through Register Vol. XLI, No. 40, October 4, 2024
Section 186-1-3 - Responsibilities of the Committee, the CNA, and state spending units3.1. Committee responsibility.3.1.a. The Committee, subject to approval by the Director of Purchasing, shall determine the fair market price of all commodities and services provided by qualified vendors and offered for sale to State spending units. As outlined in 186CSR3, the Committee shall determine that the commodities and services provided by the qualified vendor are suitable for sale to the state.3.1.b. The Committee has a duty to exercise stewardship of the State's resources as well as to the interests of people with disabilities.3.1.c. To determine the fair market price of commodities or services the Committee must give due consideration to the following factors:3.1.c.1. The cost of the commodities or services in similar quantities if purchased by the state from a qualified in-state vendor engaged in the business of selling or providing similar commodities or services as determined by the director;3.1.c.2. To the extent applicable, the amount paid by the State in any recent purchases of similar commodities or services in similar quantities, making due allowance for general inflationary or deflationary trends as determined by the director;3.1.c.3. The actual cost to the qualified vendor of manufacturing or providing the commodity or service; and3.1.c.4. The usual, customary, and reasonable costs of manufacturing, marketing, and distribution.3.1.d. The Committee has a duty to ensure that employee wages be at least federal minimum wage. If a qualified vendor wishes to compensate an employee more than the federal minimum wage a detailed explanation of why and how they determined the wage must be submitted to the CNA on the appropriate Committee approved form(s).3.1.e. The fair market price may include a reasonable charge for overhead and profit, however it may not, be excessive or unreasonable.3.2. Responsibilities of the CNA.3.2.a. The CNA is the designated agent to represent qualified vendors to the Committee and to spending units. As such, the CNA is authorized to negotiate with spending units the prices and terms of contracts procured in accordance with provisions of the W. Va. Code. Qualified vendors may make joint presentations with the CNA to the Committee or spending unit when a matter affecting the qualified vendor is under deliberation.3.3. Responsibilities of state spending units.3.3.a. When the Committee is attempting to make an initial fair market price determination, and when the service or commodity has been procured competitively in the past, the spending unit shall provide to the CNA a copy of the most recent solicitation and contract for the service or commodity within ten (10) working days of receipt of request. If the spending unit does not have copies of the most recent solicitation and contract for the service or commodity, the spending unit shall authorize the Purchasing Division to release to the CNA that information, if available, within ten (10) working days of receipt of request by the CNA.3.3.b. The spending unit must notify the CNA, in writing, of specific changes in the scope of work or other conditions which will be required during the new service period.