reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-8 - Regional Interoperability Committee (RIC) Members

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Members shall be nominated to each
				regional Committee by the organizations listed in W. Va. Code §
									15-14-8
				or current members of the SIEC or RIC. Existing Members of each RIC will vote
				to confirm or deny the nomination after the nominee is permitted to present
				their nomination, discipline represented, expertise and other information
				useful to the committee in considering the nomination.
8.2. To be eligible for membership, the
				nominated member's normal place of work shall be located in the geographic
				region served by the RIC.
8.2.1.No more than
				two Individuals from any RIC should be from the same agency unless that RIC
				votes to approve the additional agency member.
8.2.2. If a member's agency, work location,
				or both changes then that member shall be considered as a newly nominated
				member and subject to a committee vote to preserve the regional integrity and
				agency diversity.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-03 - RULES OF WEST VIRGINIA STATEWIDE INTEROPERABLE RADIO NETWORK STATEWIDE INTEROPERABILITY EXECUTIVE COMMITTEE AND REGIONAL INTEROPERABLE COMMITTEES › Section 170-03-9 - Statewide Interoperability Coordinator Appointment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.The Statewide Interoperability
				Coordinator (Coordinator) shall be appointed by the Director of the West
				Virginia Division on Homeland Security and Emergency Management and the
				Coordinator reports directly to the Director.
9.2. In the event of a vacancy in the
				Coordinator's position, the Director may appoint a temporary coordinator to
				assume the duties while a permanent replacement is found.
9.3.When there is a vacancy, any member of
				the SIEC may put forward a candidate for the Coordinator position. Any
				candidate put forward by a member of the SIEC shall be considered by the
				Director. The Director may ask members of the SIEC to assist in the
				interviewing process so long as the member has not put forward a candidate for
				the position.
9.3.1. Any SIEC member invited
				to interview candidates for the coordinator position that participates in the
				interview shall keep notes of the interview.
9.3.2. The interviewees shall be scored after
				each interview and ranked by each interview team member. Upon completion of the
				interviews, the team shall make a recommendation to the Director based on the
				rank order of each candidate.
9.3.3. The notes created during the
				interviews are the records of the Division of Homeland Security and Emergency
				Management and shall be turned into the division at the conclusion of the
				interviews. If the interviewer is participating by phone, the notes can be
				scanned and emailed to a designated individual for inclusion in the
				record.
9.3.4. The Director may
				accept the recommendations of the interview team or reject them. If the
				recommendations of the interview team are rejected by the Director then a new
				interview team may be convened, if needed.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-04 - Sirn Emergency Purchasing Procedure › Section 170-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- These
				Purchasing Procedures are an explanation and clarification of operative
				procedures for the construction and repair contracts for purchase of
				commodities, services, repairs, or alterations by the Division of Emergency
				Management ("EMD") relating the Statewide Interoperable Radio Network ("SIRN")
				pursuant to the EMD's purchasing exemption.
1.2. Authority -- W. Va. Code §
									5A-3-3a.
1.3. Filing Date - August 27, 2021
1.4. Effective Date - September 26,
				2021
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-04 - Sirn Emergency Purchasing Procedure › Section 170-4-2 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Director
				of EMD (hereinafter Director), may authorize purchases outside these guidelines
				when purchases are deemed necessary and in the best interest of the division
				and the state. If this is done, the Director shall notify the Secretary of
				Homeland Security, who shall review the request, and either approve, or
				disapprove, the purchase in writing.
2.2. Purchasers of the division who have the
				authority or responsibility to purchase commodities and services, shall not
				make any purchase(s), without contacting the Director, or designee, except for
				purchases related to the operation of a division vehicle/utility vehicle.
2.2.a When such a request is made, the
				Director will determine if the request is appropriate.
2.2.b. If the request is deemed appropriate,
				the Director will notify the Secretary of the Department of Homeland Security
				of the request, and the Secretary must approve or deny the purchase. If the
				purchase is approved, the Director shall instruct the employee how to proceed
				or will advise the employee that he/she will assume the responsibility of
				making the procurement.
2.2.c. This
				procedure will ensure that division policies are followed when division
				purchasers are procuring goods and services.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-05 - Purchases During States Of Emergency › Section 170-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope: These
				Purchasing Procedures are an explanation and clarification of operative
				procedures for contracts and renewal of contracts which occur during a declared
				state of emergency, and purchases from the federal government, so long as the
				purchase or contract is directly and solely related to the recovery from the
				declared state of emergency.
1.2.
				Authority -- W. Va. Code §
									5A-3-3c.
1.3. Filing Date -- August 27,
				2021.
1.4. Effective Date
				--September 26, 2021.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-05 - Purchases During States Of Emergency › Section 170-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Unless the
				context in which used clearly requires a different meaning, the definitions
				contained in W. Va. Code §
									15-5-2
				shall apply to this rule, in addition to the definitions set forth below.
2.1.a "Director" shall mean the director of
				the Division of Emergency Management.
2.1.b. "Division" shall mean the Division of
				Emergency Management.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-05 - Purchases During States Of Emergency › Section 170-5-3 - Procedures for entering into contracts during a declared state of emergency for items necessary to recover from the declared state of emergency

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Director
				may authorize contracts for items necessary to recover from the declared state
				of emergency. For purposes of this section, the contract must be necessary,
				directly and solely related to the recovery from a declared state of emergency
				and must be entered into during the declared state of emergency.
3.2. Purchasers of the division who have the
				authority or responsibility to purchase commodities and services, shall not
				make any purchase(s), without contacting the Director, or designee, except for
				purchases related to the operation of a division vehicle/utility vehicle.
3.2.a. When such a request is made, the
				Director will determine if the request is appropriate.
3.2.b. If the request is deemed appropriate,
				the Director will notify the Secretary of the Department of Homeland Security
				of the request, and the Secretary must approve or deny the purchase.
If the purchase is approved, the Director, or his or her
				  designee, shall instruct the employee how to proceed or will advise the
				  employee that he/she will assume the responsibility of making the
				  procurement.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-05 - Purchases During States Of Emergency › Section 170-5-4 - Procedures for renewing contract which were entered into during a declared state of emergency for items necessary to recover from the declared state of emergency

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If a
				contract is entered pursuant to this rule is needed to be renewed, such renewal
				shall be made as long as the contract is still necessary for the state to
				recover from a declared state of emergency. This subsection may not be utilized
				for contracts which include as part of its terms permanent reconstruction after
				the initial state of emergency has ended.
4.2. If renewal of the contract is deemed
				appropriate by the Director, the Director will notify the Secretary of the
				Department of Homeland Security of the request, and the Secretary must approve
				or deny the renewal. If the renewal is approved, the Director, or his or her
				designee, shall instruct staff to renew the contract.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-05 - Purchases During States Of Emergency › Section 170-5-5 - Procedures for purchasing goods or services from the Federal Government

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the federal
				government, or any agency that is part of the federal government, offers for
				sale to the State goods or services directly and solely related to the recovery
				of the state from a declared state of emergency, the Director may purchase
				these goods or services from the federal government, or that federal agency,
				without the need to follow subdivision 2.5. or 2.6 of this rule.
5.2. If the purchase is deemed appropriate by
				the Director, the Director will notify the Secretary of the Department of
				Homeland Security of the request, and the Secretary must approve or deny the
				purchase. If the purchase is approved, the Director, or his or her designee,
				shall instruct staff to accomplish the purchase.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-05 - Purchases During States Of Emergency › Section 170-5-6 - Certification by the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The Director shall, in writing, for any purchase necessary and appropriate
				under W.Va. Code §
									5A-3-3c,
				certify that the contract or purchase is directly and solely related to the
				recovery from a declared state of emergency and attach a copy of the
				proclamation to the certification.
6.2. The Director, or his or her designee,
				shall maintain certifications issues pursuant to this section, at a minimum,
				until the contracts or purchase agreements have been fully executed.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule specifies guidelines
				for purchasing and paying for commodities and services necessary for the
				operation of the West Virginia Division of Emergency Management pursuant to
				West Virginia Division of Emergency Management's purchasing exemption. This
				rule is not applicable to any purchases made on an emergency basis for the SIRN
				system pursuant to W.Va. Code Rules §
									170-04-01
et seq
.,
				or for any purchase contemplated or completed pursuant to W.Va. Code
				5A-3-3c.
1.2. Authority. -- W. Va.
				Code §
									5A-3-3a.
1.3. Filing
				Date. -- January 8, 2024.
1.4.
				Effective Date. -- February 7, 2024.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-2 - For the Purposes of This Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Accounting Section" means the West Virginia Division of Emergency Management
				Accounting Section.
2.2. "Auditor"
				means the West Virginia State Auditor.
2.3. "Commodities" means supplies, material,
				equipment, contractual services, and any other articles or things used by or
				furnished to a department, agency or institution of State Government.
2.4. "DAS - Purchasing Section" means the
				West Virginia Division of Administrative Services Purchasing Section.
2.5. "Direct Award Purchase" means any
				contract or purchase entered into without a competitive process, based on a
				justification that only one known source exists or that only one single
				supplier can fulfill the requirements.
2.6. "Director" means Director of the
				Division of Emergency Management.
2.7. "Division" means Division of Emergency
				Management.
2.8. "Employee" means
				employees of the West Virginia Division of Emergency Management.
2.9. "Expendable Commodities" means
				commodities which, when used in the ordinary course of business, will become
				consumed or of no market value within the period of one year or less.
2.10. "Expression of Interest (EOI)" means a
				Best Value Procurement tool used for architectural and engineering services
				which is defined in W. Va. Code 5G-1, as "those professional services of an
				architectural or engineering nature as well as incidental services that members
				of those professions and those in their employ may logically or justifiably
				perform.
2.11. "Procurement
				Section" means the West Virginia Division of Emergency Management Procurement
				Section.
2.12. "Purchaser" means
				any employee of the West Virginia Division of Emergency Management who is
				assigned purchasing authority.
2.13. "Reportable Assets" means any personal
				assets, excluding expendable commodities that has an original acquisition cost
				of $1,000 or more and a useful life of one year or longer.
2.14. "Request for Proposal (RFP)" means an
				agency request for proposal.
2.15.
				"Request for Quotation (RFQ)" means an agency request for quotation.
2.16. "Working Days" means Monday through
				Friday, but excludes Saturday, Sunday, State Holidays and days that government
				offices are closed due to declaration of an emergency."
2.17. "
wv
OASIS" 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.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-3 - Policy Training

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Each
				employee of the West Virginia Division of Emergency Management, who has the
				authority or responsibility to purchase commodities and services, shall be
				advised of the West Virginia Purchasing Card Policies and Procedures, contained
				on the West Virginia State Auditor's website, and the policies of the West
				Virginia Division of Emergency Management.
3.2. Training will be made available by the
				Assistant Director - DAS Purchasing Section, or their designee, annually to
				Division employees, involved in the purchase of commodities and services, in
				addition to required P-Card training. All Division employees conducting
				purchasing transactions will be required to meet all mandatory training
				requirements, either in person or provided online.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-4 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Division may utilize any other State
				contract, if the vendor approves, or Federal contracts to make purchases when
				in the best interest of the West Virginia Division of Emergency Management
				and/or the State of West Virginia or as one of three required bids as
				applicable.
4.2. Amounts spent with
				vendors for like purchases are viewed comprehensively. The Division will
				monitor expenditures with vendors for like purchases to ensure that the total
				amount spent with a given vendor, within any 12-month period, does not exceed
				an applicable bid threshold without the proper level of documentation and
				bidding.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-5 - Firm Fixed Pricing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				contracts should be entered into for a firm, fixed price per unit of goods or
				service. In such cases where the nature of the procurement prohibits a firm,
				fixed price, a detailed written justification must be included in the
				file.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-6 - Remedies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Assistant Director - DAS Purchasing
				Section may require that the Division attempt to resolve any issues that it may
				have with the vendor prior to pursuing a remedy contained herein. The Division
				must document any resolution efforts and provide copies of those documents to
				the Assistant Director - DAS Purchasing Section.
6.2. Contract Cancellation.
6.2.1. Cancellation. The Director may cancel
				a purchase or contract immediately under any one of the following conditions
				including, but not limited to:
6.2.1.a. The
				vendor agrees to the cancellation;
6.2.1.b. The vendor has obtained the contract
				by fraud, collusion, conspiracy, or is in conflict with any statutory or
				constitutional provision of the State of West Virginia;
6.2.1.c. Failure to honor any contractual
				term or condition or to honor standard commercial practices;
6.2.1.d. The existence of an organizational
				conflict of interest is identified;
6.2.1.e. Funds are not appropriated or an
				appropriation is discontinued by the legislature for the acquisition;
6.2.1.f. Violation of any federal, state, or
				local law, regulation, or ordinance, and
6.2.1.g. The contract was awarded in
				error.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-7 - Registration, Advertising, Bidding and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1
				Registration of Vendors:
7.1.1. Purchasing
				Division Registration. All vendors must register with the Purchasing Division
				prior to being awarded a contract, except that the following categories of
				vendors are exempt from this registration requirement.
7.1.1.a. Purchasing card vendors providing
				travel related services are not required to register with the Purchasing
				Division.
7.1.1.b. Purchasing card
				vendors receiving an aggregate total yearly payment less than $25,000.00 from a
				spending unit are not required to register with the Purchasing
				Division.
7.1.1.c. Any company or
				corporation, or subsidiary of the company or corporation, listed on any
				nationally recognized stock exchange is not required to register with the
				Purchasing Division.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-8 - Non-Emergency Purchasing up to $10,000.00

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				For any purchase up to and including ten thousand dollars ($10,000.00), of a
				non-emergent nature, competitive bids are not required but are encouraged when
				possible. Required documentation includes, but is not limited to, signed and
				completed purchase requisition, invoice or receipt, receiving report or packing
				slip, a copy of the contract front sheet showing item numbers and pricing
				page(s), if applicable.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-9 - Non-Emergent Purchasing $10,000.01 to $50,000.00

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. For purchases between ten thousand
				dollars and one cent ($10,000.01) and thirty thousand dollars ($30,000.00), of
				a non-emergent nature, a minimum of three verbal or written bids are required,
				when possible
, and
the lowest bid meeting specifications must
				be awarded the purchase order/contract unless there are extenuating
				circumstances. A price from an internet site shall be considered a bid for
				these circumstances, as long as it includes all relevant costs, including
				shipping and any other fee associated with the product. All bids must be
				documented on or attached to a EMD Form-49 and present in the file. A "no bid"
				is not considered a bid. Required documentation includes, but is not limited
				to, signed and completed purchase requisition, invoice or receipt, receiving
				report or packing slip, a copy of the contract front sheet showing item numbers
				and pricing page(s), if applicable.
9.2. For purchases between thirty thousand
				dollars and one cent ($30,000.01) up to and including fifty thousand dollars
				($50,000.00), of a non-emergent nature, a minimum of three signed written bids
				are required, when possible
,
and the lowest bid meeting
				specifications should be awarded the purchase order/contract unless there are
				extenuating circumstances. All bids must be signed written bids, if services
				are involved, Agency terms and conditions, WV-96 if vendor terms and conditions
				are involved, Purchasing Affidavit, Non-Conflict of Interest form and vendor
				verification in VCUST, a copy of the contract front sheet showing item numbers
				and pricing page(s) if applicable.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-10 - Purchasing over $50,000.00

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. To
				accomplish any purchase over fifty thousand, of a non-emergent nature, the
				Division will transact and work directly with the DAS - Purchasing Section for
				all purchases over $50,000.00. Purchases of this type will be accomplished
				using Requests for Quotation ("RFQ"), Requests for Proposals ("RFP"),
				Expressions of Interest ("EOI") or Direct Award solicitation.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-11 - Purchasing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 Direct
				Award:
11.1.1. A direct award is a procurement
				method that provides a contract to a vendor without competitive bidding when
				circumstances allow. Solicitation and competition are encouraged rather than to
				process a direct award request; however, a direct award may be made if the
				following circumstances occur:
11.1.1.a.
				Written justification documenting that the direct award is in the best interest
				of the Division.
11.1.1.b. When
				there is no other source or that no other source would be willing or able to
				replace the existing source without a detrimental effect on the spending
				unit.
11.1.1.c. No other vendor
				expresses an interest in providing the commodity or service in
				question.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-12 - Vendor Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Prior to
				an award, a vendor must be in compliance with the following requirements and,
				if applicable, documentation verifying compliance shall be retained in the
				file:
12.1.1. Purchasing Division Registration
				as set forth in Subsection 7.1 above.
12.1.2. Workers' Compensation/Unemployment:
				In accordance with West Virginia Code §
										21A-2-6, verification of current
				unemployment fee status and Workers' Compensation coverage is required to
				ensure the vendor is not in default with Workers' Compensation and Employment
				Compensation.
wv
OASIS automatically verifies compliance prior
				to award.
12.1.3. Federal
				Debarment: Verification that the vendor is not debarred by the federal
				government.
wv
OASIS automatically verifies this federal
				compliance prior to award.
12.1.4.
				State Debarment: Verification that the vendor is not debarred by the State of
				West Virginia. The Purchasing Division maintains a list of vendors debarred by
				the state of West Virginia, which may be accessed at
www.state.wv.us/admin/purchase/debar.html
.
				This must be verified for compliance prior to award.
12.1.5. Secretary of State: Unless a waiver
				is obtained from the Secretary of State's office, every in-state vendor must
				have a certificate of authority and be in good standing with Secretary of
				State's office. Out of State Vendors only need to register with the Secretary
				of State under certain conditions. To search for a business or corporation with
				the Secretary of State's office, visit
http://apps.sos.wv.gov/business/corporations
.
				Any vendor that cannot be found or shows a status of "revoked" or "dissolved"
				is not eligible for award until the issue is resolved. Agencies must verify
				this compliance manually prior to award and include a copy of the relevant
				records on the contract purchasing file.
12.1.6. Other: In accordance with the West
				Virginia Code §148 C.S.R. 1-6.1.5, the vendor must be licensed and in good
				standing with any and all state and local laws and complete a Purchasing
				Affidavit, and an Agreement Addendum (WV-96), as applicable.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-13 - Tie Bids

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. When
				purchasing commodities and services, occasionally two or more bids of equal
				terms and amount are received in response to a solicitation, thus, resulting in
				a
tie bid
. If multiple awards are not made, the tie bid(s)
				must be resolved. When tie bids are received, the Assistant Director - DAS
				Purchasing Section shall break the tie by allowing the tied vendors to make a
				best and final offer, flip of a coin, draw of the cards, or any other impartial
				method considered prudent by the Assistant Director - DAS Purchasing Section.
				The means selected to break the tie is determination made at the sole
				discretion of the Assistant Director- DAS Purchasing Sections, and is not
				subject to appeal, or protest.
13.2. A non-interested party witness must be
				present when resolving the tie and documentation of the method and results,
				with signatures of all witnesses, must also be included in the file. Vendors
				affected by the tie shall be notified and given an opportunity to attend the
				tie breaker.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-14 - Multiple Awards

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				Division may elect to award a contract to more than one vendor when the
				Assistant Director - DAS Purchasing Section determines such action would be in
				the best interest of the Division. In arriving at a determination, the
				Assistant Director - DAS Purchasing Section will consider the following
				factors, insofar as they are applicable:
14.1.1. The quality, availability and
				reliability of the supplies, materials, equipment or services and their
				adaptability to the particular use required;
14.1.2. The ability, capacity and skill of
				the bidder;
14.1.3. The sufficiency
				of the bidder's financial resources;
14.1.4. The bidder's ability to provide
				maintenance, repair parts and service;
14.1.5. The compatibility with existing
				equipment;
14.1.6. The need for
				flexibility in evaluating new products on a large scale before becoming
				contractually committed for all use; and
14.1.7. Any other relevant factors.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-15 - Addenda

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. During the bid process, it may be
				necessary to for the Procurement Section or DAS Purchasing Section to alter
				bidding documents. To facilitate a change to a solicitation after issuance for
				bid in
wv
OASIS, a formal written addendum is
				required.
15.2. A formal addendum
				is necessary to: add, delete, or change specifications or attachments; provide
				a copy of the pre-bid attendee list; answer technical questions, requests for
				clarification or requests for product substitutions (on construction projects);
				extend or alter bid schedule dates/times; or any other such change to the
				issued bidding documents.
15.3. The
				following should also be included where applicable:
15.3.1. Specification changes, additions, or
				noted deletions;
15.3.2. Pre-bid
				attendee list;
15.3.3. An
				attachment listing each technical question with a corresponding answer;
				and
15.3.4. Revised or added
				sketches, drawings and/or charts.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-16 - Necessary documents for all purchases where a contract is involved

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Purchasing Affidavit.
16.2. Agency Terms and Conditions.
16.3. Agreement Addendum (WV-96) (required
				when vendors submit alternate terms and condition with their bid).
16.4. Drug Free Affidavit (for certain
				construction projects).
16.5.
				Certification of Non-Conflict Form.
16.7. Interested Party Disclosure Form: W.
				Va. Code §
									6D-1-2 requires that for contracts with an actual or estimated
				value of at least $1,000,000.00, the vendor must submit to the Procurement
				Section or DAS Purchasing Section a disclosure of interested parties to the
				contract, prior to contract award. Additionally, the vendor must submit to the
				Procurement Section or DAS Purchasing Section a supplemental disclosure within
				30 days of contract completion or termination.
16.7.1. The disclosures must occur on the
				form prescribed and approved by the West Virginia Ethics Commission. To access
				this form, visit the West Virginia State Purchasing Division's intranet at
http://www.state.wv.us/admin/purchase/forms.html
.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-17 - Negotiation When All Bids Exceed Available Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. If all bids meeting requirements exceed
				the budgeted amount, the Division may negotiate a lower price within budget
				with the lowest bidder. If the negotiation does not lead to the budget amount
				being met, the DAS - Purchasing Section may negotiate a lower price with the
				next lowest bidder and continue negotiations with participating bidders after
				negotiation closes with the preceding bidder.
17.2. Discussion and Final Offers:
17.2.1. As provided in the bid solicitation,
				the Assistant Director - DAS Purchasing Section or their designee may conduct
				discussions to obtain best and final offers from bidders to assure full
				understanding of solicitation requirements. If the Assistant Director - DAS
				Purchasing Section or their designee determines that a best and final offer is
				necessary from one vendor, all vendors shall be afforded the opportunity to
				provide best and final offers. All best and final offers shall be treated like
				a formal bid, except that advertising is not required. All bidders shall
				provide their best and final offers to the Assistant Director - DAS Purchasing
				Section prior to the date and time specified.
17.2.2. Government construction contracts,
				supplies and materials are exempt from this negotiation method.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-18 - Pre-Bid Conferences

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Regardless
				of the procurement method used, the Procurement Section or DAS Purchasing
				Section should consider conducting pre-bid conferences on high dollar, complex
				acquisitions early in the bid process to provide an opportunity to explain and
				clarify critical aspects of the solicitation, eliminate misunderstandings, and
				encourage vendor participation.
18.2. In all cases, it is very important for
				the Assistant Director of the DAS - Purchasing Section, or their designee, who
				is trained and knowledgeable of the procurement process to attend these
				conferences.
18.3. Vendor
				attendance at conferences may be optional or mandatory, as described in the bid
				document. If mandatory attendance is required, only bids or proposals from
				those vendors represented at the conference will be accepted. If participating
				vendors sign the official "sign-in sheet" while the meeting is in progress,
				then the vendors will be treated as if they were present for the entire
				conference and will be deemed to have the knowledge that they would have had if
				attending the entire conference. Teleconference attendance is prohibited unless
				specified in the bid document.
18.4. "Sign-in sheets" for mandatory pre-bid
				conferences should contain the following: name of company, person attending
				(signature and printed name), address, telephone number and facsimile number.
				If the pre-bid conference is held by teleconference, a report generated from
				the teleconference service that details attendance will be an acceptable sign
				in sheet.
18.5. The header
				information on the sheets should include the requisition number and the date
				and time of the pre-bid conference. The original sheet must be filed in the bid
				file maintained at either the Procurement Section or DAS Purchasing Section. No
				one individual may represent more than one vendor.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-19 - Architectural and Engineering Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Architectural and engineering services
				must be procured in accordance with West Virginia Code §
									5G-1-1 et seq.
				These procurements are unique in a number of respects, most notably that cost
				is not submitted in the vendor's response and that the normal delegated limits
				previously discussed do not apply. West Virginia Code 5G creates a distinction
				between procurements on projects of $250,000.00 or less and those that exceed
				$250,000.00. In both cases, however, the final contract must be processed by
				the DAS - Purchasing Section.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-20 - Changes and Cancellations

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. All
				contracts must contain at term that the State may cancel a Contract immediately
				if the legislature does not provide adequate funding for the
				contract.
20.2. All contracts shall
				contain a term that the Division may cancel a contract upon the issuance of a
				thirty (30) day notice of cancellation, for any or no reason.
20.3. Administrative changes to contracts may
				be made after the fact with subsequent approval by the Assistant Director - DAS
				Purchasing Section. However, it is preferred that such changes be made in
				advance, whenever possible. Examples of administrative changes include:
20.3.1. Changing a vendor name;
20.3.2. Changing a vendor's
				address;
20.3.3. Correction of a
				clerical mistake made by the state;
20.3.4. Contract closeout where the quantity
				required was originally unknown or estimated, unit prices were included in the
				original contract, unit prices are not modified as part of the change order,
				and the quantity required was less than originally anticipated;
20.3.5. Inclusion of the Notice to Proceed
				documentation, if applicable; and
20.3.6. Any other administrative change not
				included may be approved by the Assistant Director - DAS Purchasing Section on
				a case-by-case basis.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-21 - Lease Purchases

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A lease
				purchase contract is a contract that includes periodic lease payments, and in
				some cases a final lump sum payment, with ownership of the equipment being
				vested in the Division immediately or at the lease term expiration. The minimum
				purchase cost to consider a lease-purchase as an option is $500,000.00 unless
				the Director grants an exception to this minimum amount. A letter of
				justification must be prepared, signed by the Purchaser and submitted to the
				Procurement Section or the DAS - Purchasing Section prior to any attempt to
				enter into a Lease Purchase.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-22 - Purchase of Goods from Correctional Industries

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. All articles or products which are
				produced or manufactured by Correctional Industries must be purchased from
				Correctional Industries in accordance with W. VA. Code §
									25-7-5.
22.1.1. Correctional Industries may grant an
				exemption to this requirement as per W. VA. Code §
										25-7-6 when a
				correctional industries article or product does not meet the reasonable
				requirements of the Division, or when the requisition cannot be fulfilled
				because of insufficient supply or other reason.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-23 - Purchases Made with Grant Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. If a grant
				or a portion of a grant awarded to the state does not require the procurement
				of commodities or services and the Division uses all or a portion of the grant
				for the procurement of commodities or services that will not directly benefit
				the Division, the procurement is exempt from the competitive bidding
				requirements.
23.2. In accordance
				with W. Va. Code §
									5A-3-11(i):
23.2.1. A
				grant awarded by the state is exempt from the competitive bidding requirements,
				unless the grant is used to procure commodities or services that directly
				benefit the Division.
23.2.2. If a
				grant awarded to the state requires the procurement of commodities or services
				that will directly benefit the Division, the procurement is not exempt from the
				competitive bidding requirements.
23.2.3. If a grant awarded to the state
				requires the state to transfer some or all of the grant to an individual,
				entity, or vendor as a subgrant to accomplish a particular purpose and no
				contract for commodities or services directly benefitting the Division will
				result, the subgrant is not subject to the competitive bidding
				requirements.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-24 - Information Technology Equipment, Services and Software

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. W. Va. Code §
									5A-6-1, et seq.,
				provides that the Chief Technology Officer (CTO) may evaluate and make
				recommendations on the design and suitability of Information Technology (IT)
				equipment and related services, and may review and make recommendations on the
				purchase, lease or acquisition of information equipment and contracts for
				related services, including temporary IT staffing by all state spending
				units.
24.2. Please reference West
				Virginia Office of Technology CTO Policy # CTO-19-001 for guidance, which can
				be found at
https://technology.wv.gov/security/Pages/policies-issued-by-the-cto.aspx
.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-25 - Quality Assurance

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. The
				Division establishes the quality level by the specifications, and the
				Procurement Section or DAS Purchasing Section seeks to reduce cost and maintain
				quality through the competitive bid process. The Procurement Section or DAS
				Purchasing Section will perform an evaluation of the offers by bidders to
				obtain maximum benefit for the tax dollars spent. The vendor's responsibility
				is to provide the quality level established by the specifications and accepted
				by the Division.
25.2. Proper
				Acquisition Planning:
25.2.1. The Purchasers
				first step is to determine the commodity that is needed, the quantity, the
				quality level, delivery location and time frame. The Purchaser must also
				conduct adequate market research to allow for preparation of
				specifications.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-26 - Impossible to Bid List

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				Competitive Bidding Not Required:
26.1.1.
				Purchaser may purchase the commodities and services on the list directly from
				the vendor and are not required to solicit competition or have contracts for
				the purchase of those items approved by the Division. Any items listed on the
				West Virginia Purchasing Division's Impossible to Bid List are automatically
				included in the Division's Impossible to Bid List.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-27 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. All protests must be submitted in
				writing to the Director and the Chief Hearing Examiner, and contain all of the
				following information:
27.1.1. The name and
				address of the protestor;
27.1.2.
				The requisition, solicitation, purchase order or contract numbers;
27.1.3. A statement of the grounds of
				protest;
27.1.4. Supporting
				documentation, if necessary; and
27.1.5. The resolution or relief
				sought.
27.1.6. Failure to submit
				this information shall be grounds for rejection of the protest by the
				Department of Homeland Security, Office of Administrative Hearings, Chief
				Hearing Examiner.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-06 - Purchasing Policy › Section 170-6-28 - Restriction of Vendor by Lessor

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. If the
				Division is bound to use a specific vendor or contractor, or is limited to a
				contractor or vendor who shall be selected by a Lessor, in a lease entered into
				by the Division, the Division shall not be required to put the services or
				commodities out to bid, but shall instead utilize the vendor or contractor
				required by the Lessor.
West Virginia Code of State Rules › Agency 170 - Homeland Security And Emergency Management › Title 170 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF EMERGENCY MANAGEMENT › Series 170-07 - National Flood Insurance Program › Section 170-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies guidelines for the continuation of the State Office of the
				National Flood Insurance Program, a voluntary federal program under which
				federal flood insurance is made available to participating communities and is
				of vital importance to the citizens of West Virginia.
1.2. Authority. -- W. Va. Code §
									15-5-20b(c).
1.3. Filing Date. -- April 26,
				2023.
1.4. Effective Date. -- May
				1, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2028.