Current through Register Vol. XLI, No. 50, December 13, 2024
Section 63-4-10 - Procurement10.1. The following procurement processes are required for all funds held in a conservation district. The exception is co-administered funds used for projects requiring the use of a contractor. Those projects will follow the Project Contracts Policy and Procedures or Emergency Watershed Protection Handbook as approved by the SCC.10.2. Commodities and services that are expected to cost $2,500 or less require no bids. However, competition is encouraged to ensure best acquisition cost.10.3. Bid Range $2,500.00-$10,000. 10.3.1. Commodities and services with an expected cost of $2,500.01 to $10,000.00 require three verbal bids. A bid proposal shall be developed that contains the designated specifications and necessary requirements and shall be used to obtain consistent bids. The written summary documentation that is prepared shall include the following information: 10.3.1.d. Service/product specifications10.3.2. The summary documentation shall be maintained with the final paid invoice.10.3.3. Signed faxed bids are acceptable.10.3.4. Screen prints from internet sites in which the community or service is for sale and can be purchased directly can substitute as a verbal bid.10.4. Bid Range $10,000.01-$25,000.00. 10.4.1. Commodities and services with an expected cost of $10,000.01 to $25,000.00 shall require three written bids with like specifications. A bid proposal shall be developed that contains the designated specifications and necessary requirements and shall be used to obtain consistent bids. The designated specifications shall include: 10.4.1.a. Detailed description (specification) for commodities or services being purchased. Item(s) shall be identified by details with sufficient specificity to ensure like comparisons.10.4.1.b. Quantity of item(s)10.4.1.c. Delivery date and cost, if applicable10.4.1.d. Bid price per unit of item(s)10.4.1.e. Maintenance costs, if applicable10.4.1.f. Written bid receipt deadline10.4.2. All bids shall have the original signature of the bidding vendor.10.4.3. Signed paper or faxed bids are acceptable.10.4.4. Screen prints from internet sites are not acceptable as a valid bid for this threshold.10.5. Bid Range Greater than $25,000.00.10.5.1. Commodities and services with an expected cost in excess of $25,000.00 shall be advertised for written, sealed bids and shall include:10.5.2. Detailed description (specification) for commodities or services being purchased. Item(s) shall be identified by details with sufficient specificity to ensure like comparisons. Vendor signature required on official bid sheet. 10.5.2.a. Quantity of item(s)10.5.2.b. Delivery date and cost, if applicable10.5.2.c. Bid price per unit of item(s)10.5.2.d. Maintenance costs, if applicable10.5.2.e. Sealed bid receipt deadline10.5.3. Bids are to be sealed with date and time received noted.10.5.4. Bids are received, opened, and examined to ensure compliance with all specifications and to determine the lowest responsible bidder. Bid quotes shall not be altered after bids are opened. The bid packages shall be opened by the conservation district board or its designee (by board motion) following the closing date and time.10.5.5. All bids shall have the original signature of the bidding vendor.10.6. Bid Solicitation. 10.6.1. The district board shall make and approve a motion for all solicitations for goods/services.10.6.2. When soliciting bids, prices shall be requested both with and without trade-in offers from the vendors to facilitate an accurate comparison and to establish a value for the new equipment for inventory purposes.10.7. Bid Evaluation. 10.7.1. A bid review and evaluation shall be completed by a district supervisor or their designee (a district employee or WVCA support personnel).10.7.2. Bids shall be reviewed with the award going to the lowest responsible bidder who meets the specifications. Generally defined, a responsible bidder is one who has a reputation for good performance and financial accountability and can furnish the required needs of the district as requested in the bid specifications.10.7.3. Evaluation of the bids shall include (at the minimum) meeting all specifications, bond requirements, required documentation, and proper licenses. The evaluation shall be completed within 3 business days after the bid opening and shall not be open to the public.10.7.4. During the evaluation period, bid specifics shall not be discussed with vendors or the public. The district supervisors should contact vendors only to verify or obtain a better understanding of information that may be in question.10.7.5. After a proper evaluation, if an award is made to a vendor other than the lowest responsible bidder, a thorough, written justification signed by the evaluator(s) shall be inserted into the file and retained for public record and inspection.10.7.6. Prior to an award, a vendor shall be in compliance and in good standing in accordance with the WV Code § 21A-2-6 concerning unemployment and workers compensation, otherwise their bid shall be disqualified. This may be verified by district supervisors or the administrative specialist through Workforce West Virginia and the Insurance Commission.10.7.7. The vendor shall be verified not to be debarred by the federal government or state of West Virginia.10.7.8. The vendor organized as a business entity must have a certificate of authority and be in good standing with the West Virginia Secretary of State's Office.10.7.9. The final award of the contract and Notice to Proceed (if needed) shall be completed by approval of a board motion. A prior board motion to delegate this authority to a district supervisor(s) is acceptable.10.8. Tie Bids.10.8.1. Occasionally two or more bids of equal terms and amount are received in response to a solicitation resulting in a tie bid.10.8.2. The preferred method for resolving tie bids is a flip of a coin, draw of card, or any other impartial method.10.8.3. Vendors affected by the tie should be notified and given an opportunity to attend the tie breaker.10.9. Errors.10.9.1. If an error is discovered by the conservation district, the burden of proof and timely action for request of relief (opportunity to correct errors, release from contract, etc.) is the vendor's responsibility. The request for relief shall be made in writing by the vendor to the conservation district within five (5) working days from the bid opening date. The conservation district shall contact the vendor if an error is discovered. Omissions of required information or documentation are not considered an error and shall be rejected.10.9.2. Erroneous bids may be rejected after the bid opening if all the following reasons are met: 10.9.2.a. An error was made;10.9.2.b. The error materially affected the bid price;10.9.2.c. Rejection of the bid would not cause a hardship on the conservation district other than losing an opportunity to receive commodities and services at a reduced cost; and10.9.2.d. Enforcement of the part of the bid in error would be unconscionable.10.9.3. To reject a bid, the public file shall contain documented evidence that all the above conditions exist. The vendor shall specifically identify the error(s) and provide documentation to substantiate the claim that the error(s) materially affect the bid and enforcement of the part of the bid in error would be unconscionable.10.9.4. The unit price prevails if there is an error in the extension.10.9.5. Faxed bids that contain bid bonds, litigation bonds or any other bond should be submitted with the bid and the vendor should provide the original bonds within two (2) working days of the bid opening dates.10.10. Purchase of used equipment requires prior approval by the SCC or WVCA when using co-administered funds.10.11. WVCA employees shall not use personal finances (credit card, cash, checks, debit card, money order, etc.) to make purchases on behalf of a district.10.12. Tax exempt status shall be used on all purchases.