West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-4 - General Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. STO
				procurements for commodities and services are centrally processed within the
				STO to provide economical and efficient services at a reasonable cost, using
				fair and reasonable competition methods and providing equitable treatment of
				vendors.
4.2. Methods used to
				determine the appropriate commodities and services needed by the STO include
				best value procurement, life cycle costing, and total ownership or operational
				costing. The requirements or limitations in a procurement document are believed
				to be reasonable in consideration of STO needs and foster fair and open
				competition.
4.3. Documentation
				will be maintained for all procurements by STO Purchasing to protect the
				processes. The STO internal audit division will audit STO procurement processes
				and files every two years beginning in 2022 to cover the period of the
				effective date of this rule through June 30, 2022, and then every two fiscal
				years thereafter.
4.4. STO
				contracts shall comply with all applicable laws, rules and regulations.
				Procurement documents contain standard agency terms and conditions to aid in
				compliance with West Virginia law.
4.5. There is a black out period from the
				release of an RFQ, RFP or EOI by the STO until award or cancellation. The only
				contact with the STO during a blackout period is through STO
				Purchasing.
4.6. Vendors are
				provided with instructions for submitting bids and may contact STO Purchasing
				as needed.
4.7. Every contract
				issued shall contain a clause that permits the STO to cancel the contract upon
				30 days written notice to the vendor without penalty.
4.8. After the bids are opened, they cannot
				be altered and are considered public records available for review or
				copying.
4.9. Use of a purchasing
				card for payment of commodities or services offered through the West Virginia
				State Auditor's Office may be required in any procurement if use is determined
				appropriate.
4.10. Bid openings are
				open to the public and must be witnessed by two STO staff members one of whom
				is with STO Purchasing. STO Purchasing personnel will read aloud the names of
				the vendors submitting bids and record the vendor's name and pricing, as
				applicable, on a bid tabulation sheet, including those solely in wvOASIS. For
				bids received pursuant to an RFP, STO Purchasing will confirm each original
				package contains a separately sealed cost proposal.
4.11. Bids received are available to the
				public as soon as they can be scanned or copied after the opening of a bid,
				unless a vendor has requested a non-disclosure agreement which has been
				approved by the STO. The evaluation committee may use oral interviews or site
				visits to confirm the points assigned in an RFP response pursuant to a
				technical evaluation. After award, the entire purchasing file is available for
				review or copying.
4.12. The STO
				may trade-in any item of equipment no longer needed to reduce the cost of a new
				item if it was purchased wholly from programs identified in section §
									112-17-3.
4.13. Negotiation may be used to finalize a
				contract and when needing a change order to amend or modify a current contract.
				Negotiation of a change in scope is permitted when circumstances dictate. A
				justification for a negotiated change order must be included in the procurement
				file.
4.14. The STO shall abide by
				the West Virginia Governmental Ethics Act and the associated promulgated rules
				and shall not make a purchase from a conflicted vendor or a vendor with a
				significant financial interest as prohibited under the West Virginia
				Governmental Ethics Act.