West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-10 - Purchasing Procedure › Section 90-10-4 - Authority of Director of the Division of Administrative Services

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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.