West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-101 - Exempt Purchasing › Section 114-101-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Award" means the
				written determination of the selection of a vendor to perform under a contract
				issued after encumbrance and final OIC approval.
2.2. "Best value procurement" means a procurement
				method used in awarding a contract based on evaluating and comparing all established
				quality criteria, and cost is not the sole determining factor in the award. This
				includes RFPs, RFIs, and EOIs.
2.3.
				"Bid" means an offer by a vendor in response to a procurement document to provide
				commodities or services in accordance with the specifications of the OIC issued
				procurement document and includes a proposal to an RFP.
2.4. "Change order" means a written modification
				or amendment to an OIC issued contract in the manner provided in the contract or
				upon the mutual consent of the OIC and the vendor.
2.5. "Chief financial officer" means the OIC
				employee designated as such who manages the OIC's Financial Accounting Department
				and is responsible for oversight and management of financial, investment, reporting,
				purchasing, and budgeting functions for the agency.
2.6. "Commodities" means goods, supplies,
				materials, equipment, or any other tangible item.
2.7. "Contract" means the binding agreement
				entered into between the OIC and a vendor to provide the commodities or services
				requested in the procurement and includes a purchase order.
2.8. "Cooperative contract" means a contract
				awarded by another entity, including but not limited to, another state of West
				Virginia agency, board, or commission, or another organization regularly involved in
				the procurement of commodities or services for which the process of procurement and
				award were determined by the OIC to be in accordance with reasonable procurement
				standards.
2.9. "Direct award" means
				the procurement method to award a contract to a vendor able to provide the
				commodities and services without competitive bidding when there is no known
				competition.
2.10. "Emergency
				procurement" means an acquisition method used when time is of the essence,
				unforeseen causes arise that include a threat to public health, welfare, safety,
				circumstances warrant immediate action to stabilize the situation, or safeguarding
				the state's assets, and not because of poor planning, neglect, or lack of
				organization.
2.11. "Expression of
				interest" or "EOI" means a procurement method that seeks vendors to provide
				information and express an interest in a procurement.
2.12. "FOIA" means the Freedom of Information Act
				found in W. Va. Code §
									29B-1-1 et seq.
2.13. "Life cycle costing" means a
				procurement method that takes into consideration the cost of the commodity and
				service being acquired over its expected life or usage and for which cost is
				considered but is not a determining factor.
2.14. "Master agreement" means a contract with
				specified terms and conditions except quantity, which is also known as an open-end
				contract.
2.15. "Non-disclosure
				agreement" means a contract between two or more parties to prohibit the release of
				information defined in the agreement as confidential, sensitive, or private in a
				manner that violates the non-disclosure agreement.
2.16. "OIC" means the Offices of the West Virginia
				Insurance Commissioner.
2.17. "OIC
				Procurement" means the unit within the OIC's Administrative Services Division with
				personnel who manage the functionality of OIC procurement.
2.18. "Procurement" means the process of
				contracting for, purchasing, renting, leasing, or otherwise acquiring, receiving,
				and maintaining commodities and services.
2.19. "Procurement document" means an RFP, RFI,
				EOI, and other document and all attachments related to the bidding or other means of
				acquiring commodities and services.
2.20. "Protest" means a formal written statement
				from a prospective or an actual vendor that declares the vendor's dissent or
				disagreement as to a procurement document or process pertaining to an OIC
				procurement.
2.21. "Request for
				information" or "RFI" means a document that seeks information to aid in preparing
				specifications.
2.22. "Request for
				proposal" or "RFP" means a document issued by the OIC to obtain commodities and
				services for which cost is not the sole determining factor for award.
2.23. "Request for quotation" or "RFQ" means a
				document issued by the OIC to obtain a quotation or bid.
2.24. "Requisition" means a written or electronic
				request for the purchase of commodities and services.
2.25. "Responsible vendor" means a vendor believed
				to have the capability to perform a contract and the integrity and reliability to
				assure good faith performance.
2.26.
				"Responsive vendor" means a vendor submitting a bid that conforms in all material
				respects to the requirements and specifications of a procurement document.
2.27. "Services" means intangible items, that
				include labor, time, expertise, maintenance, software, and service agreements.
2.28. "Specification" means a clear and
				accurate description of the physical, functional, or performance characteristics or
				nature of a commodity being acquired, and may include requirements for inspection,
				testing, and performance.
2.29. "State"
				means the State of West Virginia.
2.30.
				"Total ownership or operational cost" means a procurement method that takes into
				consideration the costs of designing, bidding, implementing, operating, training,
				transitional costs, residual value, disposal, and processes for a commodity or
				service for which cost is not the determining factor in award.
2.31. "Vendor" means a person or entity
				considering or submitting a bid, a person or entity selected as the lowest
				responsible and responsive vendor in connection with a bid, or a person or entity
				that has been awarded the contract.
2.32. "wvOASIS" means the state's accounting
				system managed by the Enterprise Resource Planning Board in conjunction with the
				West Virginia Department of Administration and the State Auditor's Office.