W. Va. Code R. § 55-10-4

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 55-10-4 - Duties of Chief Procurement Officer
4.1. Chief 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 Chief Procurement Officer, is appropriate and in the best interest of the Division.
4.1.2. Establish and maintain a list of commodities, items for resale, and services, subject to approval by the Director, that are not possible to submit for competitive bid by the Division.
4.1.2.a. The Division may purchase the commodities, items for resale, 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 Chief Procurement Officer.
4.1.2.b. The Chief Procurement Officer may, upon approval by the Director, amend the list of commodities, items for resale, and services that are not possible for competitive bid by the Division 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. Purchase or contract for the commodities, items for resale, and services required by the Division.
4.1.4. Prescribe the manner in which commodities, items for resale, and services shall be purchased, delivered, stored, and distributed.
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 Chief 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 to be submitted for security on certain contracts.
4.1.10. Prescribe in each contract provisions for liquidated damages, remedies, or other damage provisions in the event of vendor default.
4.1.11. Prescribe the manner of inspection for all deliveries of commodities and services.
4.1.12. Authorize staff to review, audit, and approve section requests, purchases, and other transactions and performance that fall under the duties of the Chief 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 Division personnel.
4.1.13. Ensure 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 document any discrepancies. The Chief 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. § 55-10-4