Current through Register Vol. XLI, No. 38, September 20, 2024
Section 144-3-5 - [Effective 10/3/2024] Procurement of Advertising and Marketing Agencies, Consultants, Enterprises, Firms, or Persons5.1. The provisions of this section shall apply to the procurement of advertising and marketing agencies, consultants, enterprises, firms, or persons, as deemed by the Secretary, in his or her sole discretion, necessary or advisable to assist the Department in carrying out its powers and duties.5.2. Requirement for purchases $250,000 or more.5.2.1. In the procurement of services estimated to cost $250,000 or more, the Secretary shall encourage such advertising and marketing agencies, consultants, enterprises, firms or persons to submit an expression of interest, which shall include a statement of qualifications, including anticipated concepts and proposed advertising, marketing, and advertising campaigns. All potential contracts shall be announced by public notice published as a Class II legal advertisement in compliance with the provisions of W. Va. Code §59-3-1, et seq.5.2.2. A committee of three to five representatives of the Department and/or the Tourism Advisory Council, as selected by the Secretary, shall evaluate the statements of qualifications and other materials submitted by interested firms and select three firms which, in their opinion, are best qualified to perform the desired service.5.2.3. The committee shall then rank, in order of preference, the three firms selected and shall commence scope of service and price negotiations with the first ranked firm.5.2.4. If the Department is unable to negotiate a satisfactory contract with the first ranked firm, at a fee determined to be fair and reasonable, price negotiations with the firm of second choice shall commence.5.2.5. Failing accord with the second ranked firm, the committee shall undertake price negotiations with the third ranked firm.5.2.6. If the Department is unable to negotiate a satisfactory contract with any of the selected firms, the office shall select additional firms in order of their competence and qualifications and it shall continue negotiations in accordance with this section until an agreement is reached.5.3. Requirement for purchases less than $250,000.5.3.1. If the procurement of the services is estimated by the Secretary to cost less than $250,000, the Department shall conduct discussions with three (3) or more firms solicited on the basis of known or submitted qualifications for the assignment prior to the awarding of any contract.5.3.2. Provided, that if a judgment is made that special circumstances exist and that seeking competition is not practical, the Department may select a firm on the basis of previous satisfactory performance and knowledge of the Department's needs.5.3.3. After selection, the Department and the selected firm shall develop the scope of desired services and negotiate a Contract.