W. Va. Code R. § 144-3-4

Current through Register Vol. XLI, No. 38, September 20, 2024
Section 144-3-4 - [Effective 10/3/2024] Duties of Procurement Officer
4.1. The Procurement Officer shall, in addition to other responsibilities provided throughout this rule, perform the following duties:
4.1.1. Ensure that purchases and contracts for commodities and services are based on competitive bids whenever, in the opinion of the Procurement Officer, it is appropriate and in the best interest of the Department of Tourism.
4.1.2. Establish and maintain a list of commodities and services, subject to the approval of the Secretary, that are not possible to submit for competitive bid by the Department.
4.1.2.a. The Department may purchase the commodities and services on the list directly from the vendor and are not required to solicit competitive bids for purchase of those items approved by the Procurement Officer.
4.1.2.b. The Procurement Officer may, upon the approval of the Secretary, amend the list of commodities and services that are not possible for competitive bid by the Department as he or she may determine to be appropriate. Requests to add commodities or services to the list must be accompanied by written justification and an explanation of why competitive bids are not possible.
4.1.3. Prescribe the manner in which commodities and services shall be purchased, delivered, stored, and distributed.
4.1.4. Purchase or contract for commodities and services required by the Department.
4.1.5. Review specifications and descriptions before soliciting bids to ensure specifications and descriptions do not have the purpose of favoring a particular brand or vendor.
4.1.6. Accept or reject any and all bids in whole or in part.
4.1.7. Waive minor irregularities in bids or specifications when the Procurement Officer determines such action to be appropriate.
4.1.8. Apply and enforce standard specifications.
4.1.9. Prescribe, if determined necessary, the amount of deposit or bond that may be required for security on certain contracts.
4.1.10. Prescribe the manner of inspection for all deliveries of commodities and services.
4.1.11. Authorize staff to review, audit, and approve requests, purchases, and other transactions and performance that fall under the duties of the Procurement Officer. Authorized staff shall have access at any and all times to personnel, records, reports, and other documents, as needed. Authorized staff may also provide relevant training for Department personnel.
4.1.12. Recommend to the Secretary the following corrective actions if any personnel fail to comply with the guidance established for purchases of $50,000 or less:
4.1.12.a. Suspend or reduce purchasing permission for the responsible personnel.
4.1.12.b. Require additional reports and documentation relating to purchases of $50,000 or less for Procurement Officer review.
4.1.12.c. Require additional oversight that the Procurement Officer deems appropriate.
4.1.12.d. Require the personnel responsible for purchases of $50,000 or less participate in remedial training as approved by the Procurement Officer.
4.1.13. Ensure that all materials, supplies, and equipment are inspected upon delivery and again prior to final acceptance to ensure compliance with the contract requirements and specifications, and any discrepancies should be document. The Procurement Officer may require a vendor to pick up any merchandise not conforming to specifications and replace the merchandise immediately, or to pay such damages as are determined to be appropriate.

W. Va. Code R. § 144-3-4