West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-11 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Commodities
				and Services Identified as Impossible to Bid.
11.1.1. Spending unit may purchase
				commodities and services on the list directly from the vendor without
				advertisement or bid and are not required to have contracts for the purchase of
				those items under $25,000. Over $25,000.01 contract documents are
				required.
11.1.2. Even though
				competitive bidding is not required for the Impossible to Bid List, the agency
				must continue to follow documentation requirements associated with the
				applicable threshold of purchases over $25,000.01 unless otherwise noted with
				each item. For example, all vendors must complete vendor registration with the
				Division of Purchasing, Secretary of State Registration, agency Terms and
				Conditions and the Purchasing Affidavit. The use of a purchase order is
				required for purchases over $25,000.01 and the agency shall continue to submit
				contracts to the Attorney General's office for approval. Governmental entities
				are not required to register with the Secretary of State's Office, so the
				compliance check is not required. Additionally, if the governmental entity is a
				West Virginia state agency then the Purchasing Affidavit is not
				required.
11.1.3. Commodities and
				Services Impossible to bid are as follows:
11.1.3.a. Advertising: This item includes any
				advertisement placed directly with newspapers, trade magazines, internet
				publications, social media or billboards. This item includes broadcast
				television and radio advertisements placed directly with the broadcaster or
				publisher and program license fees for radio and television. Additionally, this
				item includes participation fees for trade shows, conferences, or conventions.
				This item does not include indirect placement, promotional items, or
				advertising consultant services.
11.1.3.b. Attorneys and Law Firms: This item
				includes hiring attorneys and law firms in an official attorney-client
				capacity. Nothing in this item eliminates the approval or oversight residing
				within the Attorney General's Office.
11.1.3.c. Governmental Agencies: Governmental
				entities are not required to register with the Secretary of State's Office so
				that compliance check is not required. Additionally, if the governmental entity
				is a West Virginia state agency then the Purchasing Affidavit is not
				required.
11.1.3.d. Grants: Any and
				all state or federal grants awarded to any entity. Also exempt from competitive
				bidding, except where required by federal regulation, are contracts for
				commodities or services using federal grant funds for which the state agency
				receives no benefit. In such cases the spending limit thresholds for federal
				procurement apply.
11.1.3.e.
				Hospitality: This item includes expenses for food, beverages, facility rental
				and entertainment relating to conducting state business.
11.1.3.f. Postage: This item includes stamps
				and other non-competitive mailing services from USPS but does not include
				services available from statewide contracts. The Purchase Affidavit and
				Secretary of State registration are not required for transactions process under
				this item.
11.1.3.g. Professional
				Association Dues: This item includes membership fees or association dues for
				professional associations that perform a licensing, certification or
				accreditation function for state employees or agencies.
11.1.3.h. Investigative Services: Subject
				Matter Experts and Witnesses for Administrative Hearing and Legal Proceedings:
				This items includes obtaining investigative services and the services of a
				subject matter expert or witness that is intended to help prepare for, or will
				be utilized in, administrative or legal hearings/proceedings. This item does
				not include any agency consulting services or former employees retained by
				their agency or hired by another agency.
11.1.3.i. Subscriptions and publications:
				This item includes newspapers, textbooks, and publications - electronic and
				hard copy - purchase directly from the publisher. This item also includes
				database subscriptions for statical information, labor market data, business
				intelligence and data analysis. Additionally, this item will include any
				subscriptions for databases related to any state or federal grant
				requirement.
11.1.3.j. Training
				Activities: This item includes lecturers, honorariums, copyrighted test and
				training materials, test monitors/examination proctors, and registration fees,
				where competition is not available.
11.1.3.k. Court Ordered Payments: This item
				includes court order payment. A copy of the court order must be maintained in
				the agency file, unless sealed and restricted by the respective judge. If the
				order is sealed and restricted, an explanation must be maintained in the agency
				file referencing the court order. Court ordered payments are exempt from all
				documentation requirements.
11.1.3.l. Emergency Services
				(Non-Construction and Non-Architectural/Engineering): This item includes
				non-construction and non-A/E services that must be procured on an emergency
				basis when (1) formal bidding would cause the government to lose the ability to
				perform some critical function for itself or citizens of the State of West
				Virginia, or (2) formal bidding would delay a response to a declared state of
				emergency.
11.1.3.m. Transcripts
				from Court Reporters Employed by Court, Judge or Opposing Counsel: This item
				includes transcripts procured from court reporters who are employed by the
				court, judge or opposing counsel. These transactions are exempted from all
				documentation requirements.
11.1.3.n. Copies of Government
				Documents/Records Obtained from the Government: This item includes fees paid to
				the government entity required to obtain records of court and administrative
				proceedings as well as documents filed in those proceedings, and charges paid
				to the government entity for other official documents or records obtained from
				that government entity. An example are FOIA fees.
11.1.3.o. Commodities or services for a
				shared facility arrangement with the U.S. Government: Commodities or services
				contracted by the U.S. Government and provided to a state agency when those
				commodities or services are:
(1) offered as
				part of a shared facility arrangement, and
(2) those commodities or services for the
				State cannot be easily separated from those for the U.S. Government.
11.1.3.p. Obtaining Commodities
				through the Federal Surplus Property Program: This item includes requests to
				obtain federal surplus property through the WV State Agency for Surplus
				Property (WVSASP). Both the donation and fixed price sale methods of obtaining
				federal property are included. The agency must facilitate the transaction
				through the WVSASP. The necessary documentation to facilitate the transaction
				can be obtained from the WVSASP.
Spending Limit Checklist
SO -- $10,000.00
No Bids Required
$10,000.01 -- $25,000.00
Three Verbal
							 Bids
$25,000.01 and Above
Three Written Bids
							 (formal bidding)