West Virginia Code of State Rules › Agency 99 - Protective Services › Title 99 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PROTECTIVE SERVICES › Series 99-06 - Purchasing Policy › Section 99-6-21 - Quality Assurance

Current through Register Vol. XLI, No. 28, July 12, 2024
Is a partnership involving division purchasers, the
				  vendor and the division.
21.1. The division establishes the
				quality level by the specifications, and the Procurement Director
				seeks to reduce cost and maintain quality through the competitive bid
				process. The Procurement Director 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.
21.2. Proper Acquisition
				Planning: The first step is to determine the commodity that is
				needed, the quantity, the quality level, delivery location and time
				frame. The division must also conduct adequate market research to
				allow for preparation of specifications.
21.3. Develop and Submit
				Solicitation: The Procurement Director is responsible for preparing
				the specifications and other solicitation documents that are
				necessary for the appropriate procurement process. If the procurement
				is expected to be more than $25,000.00, the Procurement Director will
				submit those documents to the Purchasing Division.
21.4. Review Bids/Documents and
				Make Award Recommendation: After bids are opened (or documents are
				obtained in the case of a direct award) the Procurement Director is
				responsible for reviewing the bids/documents to determine the
				appropriate vendor for contract award. If the procurement is more
				than $25,000.00, the Procurement Director will consult the Purchasing
				Division before making an award recommendation to the Director.
21.5. Receiving:
				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.
21.6. Inventory: Once payment has
				been made to the vendor and the shell document established,
				reportable property must be added to the wvOASIS Fixed Assets System.
21.7. Vendor
				Responsibilities: Each vendor is solely responsible for delivering a
				bid to the division prior to the specified date and time of the bid
				opening. The official time clock of the division for the purpose of
				receipt of bids, shall be displayed in the offices of the division.
				Vendors are responsible for the accuracy of the information on and in
				the bid envelopes.
21.8.
				Compliance with Specifications: 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.
21.9. Follow-Up with
				Suppliers: To ensure delivery deadlines are met, the vendor should
				communicate and coordinate with its suppliers to fulfill delivery
				obligations.
21.10.
				Dispute Resolution: The vendor is required to negotiate in good faith
				with the division should a dispute arise.
21.11. Remedies: In the event that
				a vendor fails to honor any contractual term or condition, the
				division may:
21.11.a. Cancel the
				contract and re-award the purchase order to the next lowest bidder
				(or next highest bidder if best value procurement). The vendor
				failing to honor contractual obligations is responsible for any
				increase in cost the state incurs as a result of the re- award;
21.11.b. Declare a
				vendor non-responsible and refuse to award a purchase order. All such
				instances shall be substantiated in writing. The documentation shall
				be considered a public document and shall be available for inspection
				at all reasonable times; or
21.11.c. Suspend, for a period not
				to exceed one year, the right of a vendor to bid on division
				purchases when there is reason to believe the vendor has violated any
				of the provisions, terms, or conditions of a contract, this rule or
				state law. A suspended vendor may appeal the decision to the
				Director.
21.11.d.(4)
				Debar a vendor on the basis of one or more of the grounds for
				debarment contained in W. Va. Code §§
										5A-3-33b through 33f
				or if the vendor has been declared ineligible to participate in
				procurement-related activities under federal laws and regulation. For
				a current list of debarred vendors declared by WV State Purchasing
				Division, please see
www.state.wv.us/admin/purchase/debar.html
.