W. Va. Code R. § 112-17-4

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 112-17-4 - General Information

4.1. STO procurements for commodities and services are centrally processed within the STO to provide economical and efficient services at a reasonable cost, using fair and reasonable competition methods and providing equitable treatment of vendors.

4.2. Methods used to determine the appropriate commodities and services needed by the STO include best value procurement, life cycle costing, and total ownership or operational costing. The requirements or limitations in a procurement document are believed to be reasonable in consideration of STO needs and foster fair and open competition.

4.3. Documentation will be maintained for all procurements by STO Purchasing to protect the processes. The STO internal audit division will audit STO procurement processes and files every two years beginning in 2022 to cover the period of the effective date of this rule through June 30, 2022, and then every two fiscal years thereafter.

4.4. STO contracts shall comply with all applicable laws, rules and regulations. Procurement documents contain standard agency terms and conditions to aid in compliance with West Virginia law.

4.5. There is a black out period from the release of an RFQ, RFP or EOI by the STO until award or cancellation. The only contact with the STO during a blackout period is through STO Purchasing.

4.6. Vendors are provided with instructions for submitting bids and may contact STO Purchasing as needed.

4.7. Every contract issued shall contain a clause that permits the STO to cancel the contract upon 30 days written notice to the vendor without penalty.

4.8. After the bids are opened, they cannot be altered and are considered public records available for review or copying.

4.9. Use of a purchasing card for payment of commodities or services offered through the West Virginia State Auditor's Office may be required in any procurement if use is determined appropriate.

4.10. Bid openings are open to the public and must be witnessed by two STO staff members one of whom is with STO Purchasing. STO Purchasing personnel will read aloud the names of the vendors submitting bids and record the vendor's name and pricing, as applicable, on a bid tabulation sheet, including those solely in wvOASIS. For bids received pursuant to an RFP, STO Purchasing will confirm each original package contains a separately sealed cost proposal.

4.11. Bids received are available to the public as soon as they can be scanned or copied after the opening of a bid, unless a vendor has requested a non-disclosure agreement which has been approved by the STO. The evaluation committee may use oral interviews or site visits to confirm the points assigned in an RFP response pursuant to a technical evaluation. After award, the entire purchasing file is available for review or copying.

4.12. The STO may trade-in any item of equipment no longer needed to reduce the cost of a new item if it was purchased wholly from programs identified in section § 112-17-3.

4.13. Negotiation may be used to finalize a contract and when needing a change order to amend or modify a current contract. Negotiation of a change in scope is permitted when circumstances dictate. A justification for a negotiated change order must be included in the procurement file.

4.14. The STO shall abide by the West Virginia Governmental Ethics Act and the associated promulgated rules and shall not make a purchase from a conflicted vendor or a vendor with a significant financial interest as prohibited under the West Virginia Governmental Ethics Act.

W. Va. Code R. § 112-17-4