West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-12 - Requirements of Grant Recipients

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. All recycling assistance grants are for
				a fourteen-month period beginning the first of January and ending the last day
				in February of the following year.
12.2. Unless a grant recipient specifically
				requests and can demonstrate a need for a larger portion of the awarded grant
				to initiate the project, the department shall disburse all grants on the
				following schedule: 30% at the time of grant award with subsequent payments of
				30% to be made upon receipt of a quarterly report. The final payment shall be
				10% and shall be withheld until receipt of the third quarterly
				report.
12.3. The grant recipient
				shall retain and make available upon request by the Department of Environmental
				Protection for a period of five years after the grant period, all financial
				records, supporting documents, statistical records, and all other records as
				they relate to the proposal, acceptance and use of the grant. The provisions of
				West Virginia Code §
									12-4-14 apply to all recycling
				assistance grants. The grant recipient shall provide the department with a copy
				of the grant recipient's independent audit report or sworn statement of
				expenditures, whichever may apply, that cover the entire grant
				period.
12.4. The grant recipient
				shall return any unexpended grant funds remaining as of March 1 of the
				following year to the West Virginia Department of Environmental Protection. If
				the grant recipient expends any grant funds on or after March 1 this shall be
				considered an unauthorized expenditure.
12.5. If, through any cause, the grant
				recipient fails to fulfill in a timely and proper manner its obligation as
				proposed in the grant proposal, and as accepted and approved by the department,
				the department shall terminate payment of the remaining grant funds. The grant
				recipient shall return any amount of the grant used for unauthorized
				expenditures. Authorized expenditures are those outlined in the original budget
				that was approved by the grant review committee.
12.6. The grant recipient shall comply with
				all federal, state and local laws, codes, ordinances, rules and regulations.
				The department may withdraw all funds from grant recipients who fail to comply
				with grant guidelines.
12.7. The
				grant recipient shall deposit the grant immediately upon receipt in a separate
				checking account. The department may waive this requirement for grant
				recipients who anticipate having a minimal number of expenditures from the
				grant during the entire grant period and can demonstrate a high level of
				accountability through proper internal controls.
12.8. The department shall consider requests
				made in writing for a change in budget only if the change does not materially
				significantly alter the original scope of the grant proposal approved by the
				grant review committee Conservative spending resulting in excess, changes in
				operational needs, and/or emergency events are examples of reasonable requests
				for changes in budget.
12.9. The
				grant recipient shall solicit a minimum of three verbal bids for all purchases
				which have an estimated value between five thousand dollars ($5,000) and ten
				thousand dollars ($10,000). The lowest bid meeting specifications shall be
				awarded the contract, unless the grantee receives approval from the Department
				to award based upon other criteria with valid justification as determined by
				the Department. Electronic bids are acceptable. Screen prints from internet
				sites in which the commodity or service is for sale and may be procured can
				substitute for a verbal bid. All bids must be recorded in the grant reports
				submitted to the Department and retained in the grant recipient's file. Any
				attempts to segregate the project into sections having an estimated value of
				less than $5,000 may be cause for termination of the grant.
12.10. The grant recipient shall solicit
				written bids for all purchases having an estimated value of more than $10,000.
				All bids received prior to the bid opening deadline shall be reviewed equally
				and given proper consideration. The lowest bid meeting specifications shall be
				awarded the contract, unless the grantee receives approval from the Department
				to award based upon other criteria with valid justification as determined by
				the Department. All bids must be recorded in the required grant reports and
				retained in the grant recipient's file. Any attempt to segregate the project
				into sections having an estimated value of less than $10,000 may be cause for
				termination of the grant.
12.10.a. The
				written bids shall be obtained by public notice as a Class II legal
				advertisement in compliance with the provision of West Virginia Code §
										59-3-2. This notice shall be
				published by the grant recipient in the newspaper with the largest circulation
				serving the general area twice within fourteen days preceding the final date of
				submitting bids. The grant recipient shall submit all bid documentation and
				other evidence of compliance with these procedures for review and approval to
				the Department of Environmental Protection prior to accepting a bid.
12.10.b. Upon prior approval from the
				Department, alternative publication methods can be used in lieu of a newspaper
				Class II legal advertisement to obtain written bids when the alternative method
				renders a larger pool of competition. Examples of alternative methods may
				include, but are not limited to, official procurement websites for a city or
				county government.
12.10.c.
				Feasibility studies may be procured using a Best Value Procurement method. This
				method is used to acquire services where the specifications or scope of work
				may not be well defined, or cost is not the sole factor in determining the
				value. Best Value Procurement techniques such as Requests for Proposals (RFPs)
				can be used to solicit proposals from potential bidders, taking into
				consideration the vendor's ability, resources, experience, and proposed methods
				to provide the required services. Grantees shall advertise RFP opportunities
				following the appropriate state or local competitive bidding process. The grant
				recipient shall submit all bid documentation, scoring criteria, and other
				evidence of compliance with these procedures for review and approval to the
				Department prior to award. All proposals must be retained in the grant
				recipient's file.
12.10.d. The
				Department may waive or modify the bidding procedures to allow direct purchase
				of commodities and services identified to be non-competitive, and/or
				ineffective or impossible to bid. The grant recipient must submit a written
				request prior to the purchase with justification as to why competitive bids are
				not possible and receive written approval from the Department before
				proceeding. Examples include, but are not limited to, promotional and
				educational advertising, utilities, postage, and equipment maintenance
				requiring specific manufacturer service. Advertising may include: any
				promotional and educational advertisement placed directly with newspapers,
				trade magazines, internet publications, social media, or billboards; broadcast
				television and radio advertisements placed directly with the broadcaster or
				publisher; or participation fees for conferences. Advertising does not include
				any indirect placement, advertisements for bids, promotional items, or
				advertising consultant services. The grant recipient must continue to follow
				documentation requirements.