West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-10 - PURCHASING RULE › Section 55-10-4 - Duties of Chief Procurement Officer

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Chief
				Procurement Officer shall, in addition to other responsibilities provided
				throughout this rule, perform the following duties:
4.1.1. Ensure that purchases and contracts
				for commodities and services are based on competitive bids whenever, in the
				opinion of the Chief Procurement Officer, is appropriate and in the best
				interest of the Division.
4.1.2.
				Establish and maintain a list of commodities, items for resale, and services,
				subject to approval by the Director, that are not possible to submit for
				competitive bid by the Division.
4.1.2.a. The
				Division may purchase the commodities, items for resale, and services on the
				list directly from the vendor and are not required to solicit competitive bids
				for purchase of those items approved by the Chief Procurement
				Officer.
4.1.2.b. The Chief
				Procurement Officer may, upon approval by the Director, amend the list of
				commodities, items for resale, and services that are not possible for
				competitive bid by the Division as he or she may determine to be appropriate.
				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.
4.1.3. Purchase
				or contract for the commodities, items for resale, and services required by the
				Division.
4.1.4. Prescribe the
				manner in which commodities, items for resale, and services shall be purchased,
				delivered, stored, and distributed.
4.1.5. Review specifications and descriptions
				before soliciting bids to ensure specifications and descriptions do not have
				the purpose of favoring a particular brand or 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 Chief Procurement
				Officer determines such action to be appropriate.
4.1.8. Apply and enforce standard
				specifications.
4.1.9. Prescribe,
				if determined necessary, the amount of deposit or bond to be submitted for
				security on certain contracts.
4.1.10. Prescribe in each contract provisions
				for liquidated damages, remedies, or other damage provisions in the event of
				vendor default.
4.1.11. Prescribe
				the manner of inspection for all deliveries of commodities and
				services.
4.1.12. Authorize staff
				to review, audit, and approve section requests, purchases, and other
				transactions and performance that fall under the duties of the Chief
				Procurement Officer. Authorized staff shall have access at any and all times to
				personnel, records, reports, and other documents, as needed. Authorized staff
				may also provide relevant training for Division personnel.
4.1.13. Ensure all materials, supplies, and
				equipment are inspected upon delivery and again prior to final acceptance to
				ensure compliance with the contract requirements and specifications and
				document any discrepancies. The Chief Procurement Officer may require a vendor
				to pick up any merchandise not conforming to specifications and replace the
				merchandise immediately, or to pay such damages as are determined to be
				appropriate.