Current through Register Vol. XLI, No. 38, September 20, 2024
Section 144-3-7 - [Effective 10/3/2024] Registration, Advertising, Bidding, and Award7.1. Registration of Vendors. 7.1.1. All vendors must register through the Vendor Self-Service portal, and pay any applicable fees for such registration, in order to receive payment under a contract with the Department. Vendors shall be required to disclose the information contained in W. Va. Code §5A-3-12, such as ownership, all names under which a vendor is doing business, their physical address, and its corporate offices.7.1.2. The vendor must be licensed and in good standing in accordance with any and all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State's Office, the West Virginia State Tax Department, West Virginia Office of the Insurance Commissioner, the West Virginia State Auditor, the West Virginia State Treasurer, or other state agencies or political subdivisions prior to being awarded a contract. The vendor must provide all necessary releases to obtain information necessary to verify that the vendor is licensed and in good standing with the above entities.7.2. Advertising. 7.2.1. Solicitations that exceed $50,000 must be advertised using an available form of media; such as wvOasis, newspapers, or any other media the Procurement Officer considers reasonable.7.2.2. The type and duration of advertising completed is at the Procurement Officer's discretion.7.2.3. This subsection shall not apply to solicitations governed by law that mandates certain advertising requirements for the procurement of certain commodities or services be met.7.3. Specifications. 7.3.1. Specifications must be written to encourage competition to the greatest extent possible. No person may write specifications, or attempt to influence the drafter of specifications, to intentionally limit competition or favor or disfavor a particular brand or vendor. Specifications may not use brand or vendor names to intentionally restrict competition. If, however, brand names are used to adequately describe a needed commodity or service, the brand or vendor name must be followed by the phrase "or equal"' to promote and encourage competition.7.3.2. Nothing contained in this subsection will be construed to prevent the Department from drafting specifications with restrictions and mandatory requirements that are, in the opinion of the purchaser, necessary to perform the objectives for which the commodity or service is purchased.7.3.3. The Procurement Officer may develop standard specifications that will form the basis of contracts. Standard specifications may include information relating to the cost of maintenance and expected life of the commodities and services when the Procurement Officer determines there are applicable nationally accepted standards.7.3.4. The Secretary, or his or her designee, has final approval over specifications.7.4. Bidding. 7.4.1. The Procurement Officer must receive bids from vendors prior to the date and time of the bid closing listed on the solicitation documents.7.4.2. The Procurement Officer may reject bids received after the designated time and date. Each vendor is solely responsible for delivering its bid to the Procurement Office.7.4.3. An authorized representative of the vendor must sign all bids submitted to the Procurement Office. A corporate or other business entity signature without an individual name is not an acceptable signature.7.4.4. The Procurement Officer may allow bids by electronic transmission as defined in W. Va. Code §5A-1-1(6), including, without limitation, electronic mail. Bids by electronic transmission must be received by the Procurement Officer prior to the bid closing date and time. A bid will not be considered received until after transmission is completed.7.4.5. A vendor choosing to submit a bid or a written change to a bid by electronic transmission accepts full responsibility for transmission and receipt of the bid or written change to a bid. The Department accepts no responsibility for the unsuccessful and/or incomplete transmission of bids or changes to bids by electronic transmission. Bids submitted via electronic transmission may not be sealed until received by the Procurement Office. The Procurement Officer makes no guarantee of confidentiality when vendors utilize electronic transmission.7.4.6. Copies of bids that are not otherwise exempt pursuant to W. Va. Code §5B-2I-8 or under other provisions of law, may be open for public inspection at any time after the completion of the public bid opening. No original bid may be removed from the presence of a Procurement Officer representative. The Procurement Officer may prescribe policies to assure public access. The non-exempt portions of files are open for public inspection after the award has been made.7.4.7. A bidder may make a change to a sealed bid before the bid closing. A bidder must submit changes in writing, which may include electronic transmission, to the Procurement Office. To be effective, any change must be received by the Procurement Officer prior to the date and time of the bid closing.7.4.8. The Procurement Officer may reject a bid a vendor declares erroneous after the bid opening, but otherwise appears to be responsive, if all of the following conditions exist:7.4.8.a. An error was made;7.4.8.b. The error materially affected the bid;7.4.8.c. Rejection of the bid would not cause a hardship on the Department other than losing an opportunity to receive commodities and services at a reduced cost;7.4.8.d. Enforcement of the part of the bid in error would be unconscionable; and7.4.8.e. In order for the Procurement Officer to reject a bid under this subdivision, the Procurement Officer must document that all of the conditions set forth in this subdivision exist.7.4.9. The Procurement Officer must reject a bid that is found to be non-responsive due to failure to conform to the solicitation in all material respects.7.4.10. If there is a conflict between the extension price and the unit price in the bid, the unit price prevails.7.4.11. Vendor must disclose any instance where the vendor's bid fails to comply with the requirements of the solicitation, which includes but is not limited to, failure to comply with a mandatory requirement or goods or services not meeting the required specifications. If changes are not stated, the Procurement Officer may assume that items offered meet specifications.7.4.12. Vendors are responsible for the accuracy of the information in the bid.7.4.13. Vendors may contact the Procurement Officer to obtain guidance related to the form and content required for official bids.7.4.14. The Procurement Officer may work with a vendor to resolve any technical errors in a bid if it is determined to be in the best interest of the Department.7.4.15. All sales to the State of West Virginia are exempt from Consumer Sales Tax or Excise Tax by blanket state exemption and blanket federal exemption.7.4.16. The Procurement Officer may, upon approval from the Secretary or his or her designee, reject any bid when it is determined to be in the best interest of the Department.7.5. Bid Evaluation. 7.5.1. Evaluators of bids must certify that no financial, personal, or other conflict of interest exists relating to any vendor or vendor representative that has submitted a bid. The Procurement Officer may develop a form that evaluators can sign for certification purposes of this subsection.7.5.2. From the time a requisition is submitted to the Procurement Officer for public advertisement until an award is made, evaluators and office personnel are not permitted to communicate with vendors about the solicitation or any component thereof without prior approval from the Procurement Officer. 7.5.2.a. All communications and inquiries from bidders regarding the solicitation must be directed to the Procurement Officer until an award has been made.7.5.2.b. Nothing in this subsection, however, shall prevent the evaluators and office personnel from communicating with a vendor about existing contracts or other matters unrelated to the solicitation in question.7.6. Awards. 7.6.1. The Procurement Officer may elect to award a contract to more than one vendor when the Procurement Officer determines in writing such action would be in the best interest of the Department. In situations where a multiple award is necessary, the Procurement Officer must document the reasons therefor.7.6.2. The Procurement Officer may accept or reject, in whole or in part, any bid when the Procurement Officer feels it to be in the best interest of the Department. If any bid is rejected, the Procurement Officer shall document the rejection in the purchase order file.7.6.3. When tie bids are received, the Procurement Officer shall break the tie by any impartial method considered prudent by the Procurement Officer.7.6.4. If all bids received are higher in cost than a publicly advertised price the Procurement Officer is aware of before bids are made public, which final price of such publicly advertised price is inclusive of all costs or expenses contemplated in the solicitation documents, the Procurement Officer may reject all bids and select the lower-cost, publicly advertised price from an entity that may not have submitted a formal bid.7.6.5. Requirements for bonds and deposits.7.6.5.a. The Procurement Officer shall determine the applicability and amount of bonds or deposit required of a vendor at any time, if it is judged by the Procurement Officer that the security is necessary to safeguard the Department from undue risk.7.6.5.b. The Procurement Officer may require the vendor to submit a performance bond, litigation bond, or other security acceptable to the Procurement Officer, payable to the State of West Virginia. Neither personal checks nor company checks are acceptable.7.6.5.c. Vendors can request that bonds or other security be returned after the purpose for which the bond was provided has been fulfilled. Upon confirmation from any relevant parties that the bond or security in question has fully served its purpose, the Procurement Officer may return the bond or security.7.7. Change orders. 7.7.1. The Procurement Officer has the duty and responsibility to review and approve change orders just as he or she has the duty and responsibility for review and approval of the original contract.7.7.2. Change order submission.7.7.2.a. A request for the contract change must be submitted to the Procurement Officer.7.7.2.b. Any change order request submitted to the Procurement Officer that requires vendor agreement must include the vendor's agreement in writing.7.7.3. The Procurement Officer may request any documentation or further explanation that the Procurement Officer deems necessary to aid in reviewing a change order request.7.7.4. The Procurement Officer shall reject the change order if upon review he or she determines to be unjustified, inadequately documented, or unreasonable.7.7.5. Vendors must not be permitted to perform work that will be added to a contract through a change order until such time as the change order has been:7.7.5.a. Formally approved by the Procurement Officer;7.7.5.b. Encumbered by the Department; and7.7.5.c. Transmitted to the vendor.