West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-30 - Purchasing › Section 133-30-7 - Authority, Duties and Remedies of the Chief Procurement Officer/Director of Procurement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				chief procurement officer or the director of procurement shall, unless
				otherwise stated in writing, have full authority to act in matters of
				institutional purchasing, inventory management and disposal of surplus and
				obsolete property as the designee of the president, or of the Vice Chancellor
				for Administration in the case of the Commission and Council Offices and West
				Virginia Network for Educational Telecomputing, and shall serve as the central
				procurement officer for the institution. This individual may also fulfill other
				institutional functions.
7.2. The
				chief procurement officer or the director of procurement may appoint buyers and
				delegate authority to them as designees, or to any department within the
				institution. Delegation of authority by the chief procurement officer or the
				director of procurement, and any limits thereupon, shall be in writing and
				filed with the Vice Chancellor for Administration, the State Auditor and the
				Attorney General. Responsibility for ensuring institutional compliance with the
				West Virginia Code and this rule shall rest with and be the responsibility of
				the chief procurement officer or director of procurement.
7.3. As required by law and this rule, and
				consistent with administrative manuals, guidelines and procedures developed by
				the Vice Chancellor for Administration, the chief procurement officer or
				director of procurement shall have the duty and/or authority to:
7.3.a. Purchase and contract for the
				materials, supplies, equipment, services, construction and printing required by
				the institution;
7.3.b. Establish
				institutional guidelines and procedures for purchases not exceeding
				$50,000;
7.3.c. Establish
				institutional guidelines and procedures for receiving, inventorying and
				distributing materials, supplies, equipment, services, and printing;
7.3.d. Review specifications and descriptions
				before soliciting bids or proposals to ensure that they are competitive and
				fair and do not unfairly favor or discriminate against a particular brand or
				vendor;
7.3.e. Advertise for bids
				on all purchases exceeding $50,000, and post or otherwise make available
				notices of all purchases for which competitive bids or proposals are being
				solicited by the institution's purchasing office;
7.3.f. Maintain the institution's purchasing
				files;
7.3.g. Accept or reject any
				and all bids in whole or in part;
7.3.h. Waive minor irregularities in bids,
				bidding documents and/or specifications;
7.3.i. Apply and enforce standard
				specifications;
7.3.j. Manage the
				institution's inventory of materials, supplies and equipment, authorize
				transfers to or between institutions, and sell surplus, obsolete or unused
				materials, supplies, and equipment;
7.3.k. Prescribe the amount of deposit or
				bond to be submitted with any bid or contract;
7.3.l. Prescribe contract provisions for
				liquidated damages, remedies and/or other damages provisions in the event of
				vendor default;
7.3.m. Exempt from
				competitive bidding purchases of materials, supplies, equipment, services, and
				printing purchased from within state government, from West Virginia sheltered
				workshops, from cooperative buying groups and consortia, and from the federal
				government or federal government contracts when price, availability and quality
				are comparable to those on the open market;
7.3.n. Perform chemical and physical tests on
				samples submitted with bids and samples of deliveries to determine compliance
				with specifications, if deemed necessary and prudent;
7.3.o. Hear and render opinions on vendor
				complaints and protests;
7.3.p.
				Ensure vendors are registered with the Department of Administration's
				Vendor/Customer File in accordance with the West Virginia Code;
7.3.q. Apply the preference for resident
				vendors required by the West Virginia Code;
7.3.r. File contracts and purchase orders
				that exceed the dollar limit required for competitive sealed bidding with the
				State Auditor;
7.3.s. Submit
				contracts and purchase orders to the Attorney General for approval or as may be
				required by law, administrative procedures and guidelines;
7.3.t. Ensure that purchases exceeding the
				dollar amount for competitive bidding are encumbered and entered into the
				State's accounting system as required by West Virginia Code §
										18B-5-4(g)
				and §
										5A-2-1
				et. seq.
7.3.u. Apply and enforce
				other applicable provisions of state and federal laws pertaining to purchases,
				inventory management and disposal of surplus and obsolete materials, supplies,
				and equipment.