W. Va. Code R. § 170-5-3

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 170-5-3 - Procedures for entering into contracts during a declared state of emergency for items necessary to recover from the declared state of emergency
3.1. The Director may authorize contracts for items necessary to recover from the declared state of emergency. For purposes of this section, the contract must be necessary, directly and solely related to the recovery from a declared state of emergency and must be entered into during the declared state of emergency.
3.2. Purchasers of the division who have the authority or responsibility to purchase commodities and services, shall not make any purchase(s), without contacting the Director, or designee, except for purchases related to the operation of a division vehicle/utility vehicle.
3.2.a. When such a request is made, the Director will determine if the request is appropriate.
3.2.b. If the request is deemed appropriate, the Director will notify the Secretary of the Department of Homeland Security of the request, and the Secretary must approve or deny the purchase.

If the purchase is approved, the Director, or his or her designee, shall instruct the employee how to proceed or will advise the employee that he/she will assume the responsibility of making the procurement.

3.3. If circumstances are such, due to time or circumstance constraints, the Director, or his or her designee, shall make attempts to secure bids, or shall document open market pricing for items, and may purchase goods or services which accomplish the lowest price available, with the fastest delivery time. The Director may purchase a more expensive good or service, if the delivery time is faster, if time is of the essence.

W. Va. Code R. § 170-5-3