W. Va. Code R. § 60-10-5

Current through Register Vol. XLI, No. 40, October 4, 2024
Section 60-10-5 - Emergency Construction or Reclamation Contracts
5.1 Any request to procure construction or reclamation services on an emergency basis must be submitted in writing to the DEP Procurement Office. The Assistant Chief shall review a spending unit's written request and issue written approval or disapproval.
5.2 Approval to construction or reclamation services on an emergency basis will permit the division or office to purchase the required services directly from a vendor. Provided, however, that the division or office must obtain three bids, if possible. Any required documentation must be submitted to the DEP Procurement Office as soon as possible for processing.
5.3 What qualifies as an emergency under this subsection shall be evaluated by the Assistant Chief on a case by case basis, but will at least include unforeseen events or circumstances, including delays by contractors, delays in transportation, or an unanticipated volume of work, as well as procurement of specific commodities for immediate delivery related to an official declaration of emergency by the Governor or federal officials. Emergency purchases are not used for hardship resulting from neglect, poor planning, or lack of organization by the Department. Competitive bids shall be obtained if possible.

W. Va. Code R. § 60-10-5