Current through Register Vol. XLII, No. 1, January 3, 2025
Section 186-3-4 - Development of Commodities and Services for the Statewide Contract4.1. When two (2) or more qualified vendors have the ability to produce the same or similar commodities or services, the Committee has the discretion to establish the priority of commodities or services for inclusion on the statewide contract.4.2. The qualified vendor first proposing a commodity or service through the CNA for inclusion on the statewide contract is given first choice to produce a commodity or provide a service.4.3. Commodities or services to be considered for development may originate from a qualified vendor, the CNA, or a State spending unit.4.3.a. A qualified vendor must submit to the Committee documentation evidencing product development within ninety (90) days, in order to be given priority for set aside. 4.3.a.1. The qualifying vendor proposing a commodity or service shall complete all action necessary to place the commodity or service on the statewide contract within nine (9) months after the request that the commodity or service be set aside. If within nine (9) months the qualified vendor has not completed action, the committee may reassign the commodity or service to another qualified vendor capable of producing the commodity or performing the service. Provided, that the qualified vendor is prepared to take prompt action to submit a proposal to place the commodity or service on the statewide contract. Priority on reassignment is determined by the order in which the qualified vendor proposed the commodity or service for addition to the statewide contract.4.3.b. When originating from the CNA, the CNA shall distribute appropriate information about the commodity or service in a fair and equitable manner to all qualified vendors. Interested qualified vendors must provide the CNA with the information requested, as per the guidelines provided by the CNA.4.3.c. Requests directly from the State spending units shall be in accordance with Sections 4.3.a. or 4.3.b. of this rule, as is appropriate.4.4. The Committee assigns commodities or services to the CNA or approved qualified vendors on the basis of Sections 4.1 and 4.2 of this rule.4.5. The Committee may require a pre- or post-production sample for the purpose of determining production capability and quality of products, at any time.4.6. In any case where a qualified vendor sells commodities or service to a spending unit which has been reserved on the statewide contract without prior Committee approval, or any qualified vendor sells items at a price other than at the statewide contract price, the Committee may determine it is no longer eligible for participation in the program provided for under W. Va. Code § 5A-3-1 et seq.