W. Va. Code R. § 170-6-25

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

Section 170-6-25 - Quality Assurance

25.1. The Division establishes the quality level by the specifications, and the Procurement Section or DAS Purchasing Section seeks to reduce cost and maintain quality through the competitive bid process. The Procurement Section or DAS Purchasing Section will perform an evaluation of the offers by bidders to obtain maximum benefit for the tax dollars spent. The vendor's responsibility is to provide the quality level established by the specifications and accepted by the Division.

25.2. Proper Acquisition Planning:

25.2.1. The Purchasers first step is to determine the commodity that is needed, the quantity, the quality level, delivery location and time frame. The Purchaser must also conduct adequate market research to allow for preparation of specifications.

25.3. Develop and Submit Solicitation:

25.3.1. The Purchaser is responsible for assisting the Procurement Section or DAS Purchasing Section with preparing the specifications and other solicitation documents that are necessary for the appropriate procurement process.

25.4. Review Bids/Documents and Make Award Recommendation:

25.4.1. After bids are opened (or documents are obtained in the case of a direct award) the Purchaser is responsible for reviewing the bids/documents to assist the Procurement Section or DAS Purchasing in determining the appropriate vendor for contract award. The Procurement Section will consult with the DAS - Purchasing Section before making an award recommendation.

25.5. Receiving:

25.5.1. Receivers must verify the shipment of commodities with the specifications in the purchase order while reporting of any discrepancies, obvious damages or shortages based upon the purchase order specifications.

25.6. Inventory:

25.6.1. Once payment has been made to the vendor and the shell document established, reportable property must be added to the wv OASIS Fixed Assets System.

25.7. Vendor Responsibilities:

25.7.1. Each vendor is solely responsible for delivering a bid to the Procurement Section or to DAS - Purchasing Section, whichever is specified in the bid announcement, by the specified date and time of the bid opening. The official time clock of the Procurement Section or the DAS - Purchasing Section for the purpose of receipt of bids, shall be the time clock as displayed in the offices of the Division or the DAS - Purchasing Section, whichever is specified in the bid announcement. Vendors are responsible for the accuracy of the information on and in the bid envelopes. Vendor is solely responsible for the accuracy of the information on and in the sealed bid envelopes.

25.8. Compliance with Specifications:

25.8.1. Successful vendors are required to meet or exceed the quality level accepted and specified on the final purchase order in addition to meeting delivery requirements.

25.9. Follow-Up with Suppliers:

25.9.1. To ensure delivery deadlines are met, the vendor should communicate and coordinate with its suppliers to fulfill delivery obligations.

25.10. Dispute Resolution:

25.10.1. The vendor is required to negotiate in good faith with the Division should a dispute arise.

25.11. Damages:

25.11.1. The Division may require a liquidated damages provision for some contracts. The term liquidated damages refers to a specified contract provision which entitles the Division to demand a set monetary amount determined to be a fair and equitable repayment for loss of service due to a vendor's failure to meet specific completion or due dates.

25.11.2. A vendor may be liable for any damages available under the law, regardless of specific damages sections in a bid document, or purchase order.

W. Va. Code R. § 170-6-25