West Virginia Code of State Rules › Agency 145 - Development Office › Title 145 - LEGISLATIVE RULE DEPARTMENT OF ECONOMIC DEVELOPMENT › Series 145-17 - Purchasing rule › Section 145-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency
				Delivery Order" means a written order to the vendor against a master agreement
				authorizing quantities, commodities, and services be delivered in accordance
				with the terms, conditions, and prices stipulated in the original
				contract.
2.2. "Best Value
				Procurement" means a purchasing method used in awarding a contract based on
				evaluating and comparing all established quality criteria where cost is not the
				sole determining factor in the award.
2.3. "Bid" or "Bids" mean anything that a
				vendor submits in response to a solicitation that constitutes an offer to the
				State and includes, but is not limited to, documents submitted in response to a
				request for quotation, proposals submitted in response to a request for
				proposal, or proposals submitted in response to an expression of
				interest.
2.4. "Capital
				Improvements" means activities that are directed toward expanding the capacity
				of an asset or otherwise upgrading it to serve needs different from, or
				significantly greater than, its current use.
2.5. "Department" means the Department of
				Economic Development, including the Office of the Secretary and the Office of
				Energy.
2.6. "Direct Award" means a
				procurement method allowing for the non-competitive purchase of commodities or
				services when only one vendor can supply the needed commodity or service under
				the circumstances or no other vendor is willing or available to replace the
				existing vendor without a detrimental effect on the Department.
2.7. "Director" means the Secretary of the
				Department, Deputy Secretary of the Department, or any Director of any section
				or office within the Department.
2.8. "Division of Purchasing" or "Purchasing
				Division" means the central office within the Department of Administration
				providing purchasing and travel services to State agencies.
2.9. "F.O.B. destination" and "free on-board
				destination" mean the seller or vendor must transport or pay for the
				transportation of commodities and services to the point of destination
				specified in the contract.
2.10.
				"Non-responsible" means not having the capability to fully perform the contract
				requirements and lacking the integrity and reliability which will assure
				good-faith performance.
2.11.
				"Maintenance and repairs" means activities directed toward keeping fixed assets
				in an acceptable condition. Activities include preventative and deferred
				maintenance; replacement of parts, systems or components; and other activities
				needed to preserve or maintain the asset.
2.12. "Non-responsive" means a bid that fails
				to conform to the solicitation in all material respects.
2.13. "Open End Contract" or "Master
				Agreement" mean a contract that covers a period of time in which all terms,
				conditions, and prices are specified for quantity.
2.14. "Procurement Officer" means the
				Procurement Officer of the Department or anyone the Procurement Officer has
				designated to perform specific tasks or functions.
2.15. "Purchasing Liaison" means an employee
				of the Department that is responsible for the procurement of goods and services
				for a particular section or office.
2.16. "Requisition" means a written or
				electronic request sent to the Procurement Office for the purchase of
				commodities and services.
2.17.
				"Secretary" or "Cabinet Secretary" means the Secretary of the
				Department.
2.18. "Section" or
				"Sections" means any section or office within the Department.
2.19. "Stringing" means issuing a series of
				requisitions or dividing or planning procurements to circumvent competitive
				bidding or spending thresholds.
2.20. "Working days" means Monday through
				Friday, excluding Saturday, Sunday, state holidays and days that government
				offices are closed due to declaration of an emergency.
2.21. All other terms shall have the same
				meaning prescribed in W. Va. Code §
									5A-1-1 and
				§
									5A-3-1
				et seq.