Current through Register Vol. XLI, No. 50, December 13, 2024
Section 99-6-21 - Quality AssuranceIs a partnership involving division purchasers, the vendor and the division.
21.1. The division establishes the quality level by the specifications, and the Procurement Director seeks to reduce cost and maintain quality through the competitive bid process. The Procurement Director will perform an evaluation of the offers by bidders to obtain maximum benefit for the tax dollars spent. The vendor's responsibility is to provide the quality level established by the specifications and accepted by the division. 21.2. Proper Acquisition Planning: The first step is to determine the commodity that is needed, the quantity, the quality level, delivery location and time frame. The division must also conduct adequate market research to allow for preparation of specifications. 21.3. Develop and Submit Solicitation: The Procurement Director is responsible for preparing the specifications and other solicitation documents that are necessary for the appropriate procurement process. If the procurement is expected to be more than $25,000.00, the Procurement Director will submit those documents to the Purchasing Division. 21.4. Review Bids/Documents and Make Award Recommendation: After bids are opened (or documents are obtained in the case of a direct award) the Procurement Director is responsible for reviewing the bids/documents to determine the appropriate vendor for contract award. If the procurement is more than $25,000.00, the Procurement Director will consult the Purchasing Division before making an award recommendation to the Director. 21.5. Receiving: Receivers must verify the shipment of commodities with the specifications in the purchase order while reporting of any discrepancies, obvious damages or shortages based upon the purchase order specifications. 21.6. Inventory: Once payment has been made to the vendor and the shell document established, reportable property must be added to the wvOASIS Fixed Assets System. 21.7. Vendor Responsibilities: Each vendor is solely responsible for delivering a bid to the division prior to the specified date and time of the bid opening. The official time clock of the division for the purpose of receipt of bids, shall be displayed in the offices of the division. Vendors are responsible for the accuracy of the information on and in the bid envelopes. 21.8. Compliance with Specifications: Successful vendors are required to meet or exceed the quality level accepted and specified on the final purchase order in addition to meeting delivery requirements. 21.9. Follow-Up with Suppliers: To ensure delivery deadlines are met, the vendor should communicate and coordinate with its suppliers to fulfill delivery obligations. 21.10. Dispute Resolution: The vendor is required to negotiate in good faith with the division should a dispute arise. 21.11. Remedies: In the event that a vendor fails to honor any contractual term or condition, the division may: 21.11.a. Cancel the contract and re-award the purchase order to the next lowest bidder (or next highest bidder if best value procurement). The vendor failing to honor contractual obligations is responsible for any increase in cost the state incurs as a result of the re- award; 21.11.b. Declare a vendor non-responsible and refuse to award a purchase order. All such instances shall be substantiated in writing. The documentation shall be considered a public document and shall be available for inspection at all reasonable times; or 21.11.c. Suspend, for a period not to exceed one year, the right of a vendor to bid on division purchases when there is reason to believe the vendor has violated any of the provisions, terms, or conditions of a contract, this rule or state law. A suspended vendor may appeal the decision to the Director. 21.11.d.(4) Debar a vendor on the basis of one or more of the grounds for debarment contained in W. Va. Code §§ 5A-3-33b through 33f or if the vendor has been declared ineligible to participate in procurement-related activities under federal laws and regulation. For a current list of debarred vendors declared by WV State Purchasing Division, please see www.state.wv.us/admin/purchase/debar.html. 21.12. Damages: A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the division. 21.12.a. If any merchandise delivered under a contract has been used or consumed by the division and on testing is found not to comply with specifications, no payment may be approved by the Procurement Director for the merchandise until the amount of actual damages incurred has been determined. 21.12.b. The Procurement Director shall seek to collect damages by following the procedures established by the Office of the Attorney General for the collection of delinquent obligations.