Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-10-4 - Authority of Director of the Division of Administrative Services4.1. Pursuant to W. Va. Code § 15A-2-1(b), the Division of Administrative Services shall provide procurement services for the Agency. Therefore, the Director or designee shall: 4.1.1. Ensure that purchases and contracts for commodities, services, repairs, or printing are based on competitive bid whenever possible.4.1.2. Establish a list of commodities, services, repairs, alterations, or printing by the Agency that are not possible to submit for competitive bid. The Director or the Director's designee, the Assistant Director of the Purchasing Section, shall approve the list before the beginning of each fiscal year and shall make the list available for public review.4.1.2.a. Agency Sections may purchase the commodities and services on the list directly from the vendor and are not required to solicit competition for purchase of those items approved by the Director or designee. However, competition is always encouraged.4.1.2.b. Agency Section 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.4.1.2.c. Nothing in this section supersedes or replaces the Attorney General's authority to approve contracts as to form.4.1.3. Purchase or contract for, in the name of the Agency, the commodities, services, repairs, alterations, or printing required by the Agency Sections.4.1.4. Prescribe the way commodities, services, repairs, alterations, or printing shall be purchased, delivered, stored, and distributed.4.1.5. Review specifications and descriptions before soliciting bids to ensure that specifications and descriptions do not favor a particular 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 Assistant Director of Purchasing determines such action to be appropriate.4.1.8. Apply and enforce standard specifications.4.1.9. Prescribe the amount of deposit or bond to be submitted.4.1.10. If deemed necessary, prescribe in each contract provisions for liquidated damages, remedies, or other damage provisions in the event of vendor default.4.1.11. Employ a person whose responsibilities, in addition to other duties, are to identify commodities, services or printing available for purchase from nonprofit sheltered workshops; evaluate the needs for the commodities, services, or printing; coordinate workshops in their production efforts; and provide information to workshops about available opportunities within State government for the purchase of commodities, services, or printing.4.1.12. Prescribe the manner of inspection for all deliveries of commodities, services, repairs, alterations, or printing to assure compliance with specifications.4.1.13. The Director or designee may authorize Purchasing Office staff, or the internal auditor, to review and audit Agency Sections requests and purchases and other transactions and performance that fall under the authority of the Purchasing Office. Authorized staff may also provide relevant training for Agency personnel. Inspectors shall have access at any and all times to personnel, records, reports, and other documents as needed.4.1.14. The Director or designee shall review the protest of bid specifications and/or contract award and issue a written decision on the protest. The Director or designee may opt to conduct a hearing on the protest matter and/or, in the discretion of the Director or designee, implement a continuation or delay of a purchase order or contract award.