West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-30 - Purchasing › Section 135-30-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As used in
				this rule, all terms have the same meaning as provided in West Virginia Code
				§
									18B-1-2, and as
				follows:
2.1.a. "Bid" means a response by a
				vendor to a solicitation issued by the Council. This includes Request for
				Proposals, Request for Quotations and any other solicitation methodology used
				by the Council.
2.1.b. "Buyer"
				means an individual designated by a chief procurement officer or director of
				procurement to perform designated purchasing and acquisition functions as
				authorized by the chief procurement officer/director of procurement.
2.1.c. "Chancellor for higher education"
				means the chief executive officer of the Commission employed pursuant to West
				Virginia Code §
										18B-1B-5.
2.1.d. "Chancellor for community and
				technical college education" means the chief executive officer of the Council
				employed pursuant to West Virginia Code §
										18B-2B-3.
2.1.e. "Commission Office" means the office
				that houses the Vice Chancellor for Administration and such professional,
				administrative, clerical and other employees as may be necessary to assist the
				Vice Chancellor for Administration perform his or her functions, tasks and
				duties.
2.1.f. "Chief procurement
				officer" means the individual designated by a president of a state institution
				of higher education to manage, oversee and direct the purchasing, acquisition
				and inventory management of materials, supplies, equipment, services, and
				printing, and disposal of obsolete and surplus materials, supplies, and
				equipment for that institution. For the Commission Office and West Virginia
				Network for Educational Telecomputing, the chief procurement officer is the
				person designated by the Vice Chancellor for Administration.
2.1.g. "Commodity" means an article which is
				useful or serviceable, particularly an article of merchandise movable in trade;
				a good, or service of any kind, including construction; an article of trade or
				commerce; things that are bought and sold.
2.1.h. "Director of Procurement" means the
				individual designated by the Vice Chancellor for Administration to manage,
				oversee and direct the purchasing, acquisition and inventory management of
				materials, supplies, equipment, services, and printing, and disposal of
				obsolete and surplus materials, supplies, and equipment for the Commission
				Office and West Virginia Network for Educational Telecomputing.
2.1.i. "Essential service" means something
				basic; a commodity that is necessary, indispensable, or unavoidable and is
				purchased in a routine, repetitive, and noncompetitive manner.
2.1.j. "Institution(s)" means any public West
				Virginia university, college, and community and technical college, individually
				or collectively, created pursuant to West Virginia Code §
										18B-1-2. For the
				purposes of this rule, the Commission Office and West Virginia Network for
				Educational Telecomputing shall also be considered institutions.
2.1.k. "F.O.B. destination" and "free on
				board destination" mean the seller or vendor must transport or pay for the
				transportation of the materials, supplies, equipment, services and printing, to
				the point of destination specified in the contract.
2.1.l. "Governing Boards" or "Boards" means
				the institutional boards of governors created pursuant to West Virginia Code
				§
										18B-2A-1.
2.1.m. "Higher education institution" means
				an institution as defined by Sections 401(f), (g) and (h) of the federal Higher
				Education Facilities Act of 1963, as amended.
2.1.n. "President" means the chief executive
				officer of a higher education institution.
2.1.o. "Purchase order" means the document
				issued by the Council to a vendor for the acquisition of goods and services. A
				purchase order may also be referred to as a "contract".
2.1.p. "Sole source" means only one vendor
				can supply the desired product or service.
2.1.q. "Single source" means that the desired
				product or service is available from only one supplier because of the
				uniqueness and characteristics of the product or service offered.
2.1.r. "Responsible bidder" and "responsible
				vendor" mean a person and/or vendor who have the capability in all respects to
				perform contract requirements, and the integrity and reliability which will
				assure good faith performance.
2.1.s. "Responsive bidder" and "responsive
				vendor" mean a person and/or vendor who has submitted a bid which conforms in
				all material respects to the invitation to bid.
2.1.t. "Vendor" means a seller of goods and
				services. A vendor must be registered with the West Virginia Department of
				Administration prior to the receipt of a purchase order or contract.
2.1.u. "West Virginia Council for Community
				and Technical College Education" or "Council" means the Council created
				pursuant to West Virginia Code §
										18B-2B-1.
2.1.v. "West Virginia Higher Education Policy
				Commission" or "Commission" means the Commission created pursuant to West
				Virginia Code §
										18B-1B-1.
2.1.w. "Vice Chancellor for Administration"
				means that person employed by the Commission with the advice and consent of the
				Council in accordance with West Virginia Code §
										18B-4-2.
				The Vice Chancellor for Administration shall assume all powers and duties that
				were assigned to the Senior Administrator.