West Virginia Code of State Rules › Agency 126 - Education › Title 126 - LEGISLATIVE RULE BOARD OF EDUCATION › Series 126-203 - Emergency Purchasing Procedures (8210) › Section 126-203-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Award. Written
				determination of the selection of a vendor to perform under a contract issued
				after encumbrance and final WVBE approval.
3.2. Best Value Procurement. 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 and EOIs.
3.3. Bid. Offer by a vendor in response to a
				procurement document to provide commodities or services in accordance with the
				specifications of the WVBE-issued procurement document and includes a proposal
				to an RFP.
3.4. Bond. Surety or
				other security that guarantees payment or performance under a contract,
				including a bid bond, labor and material payment bond, maintenance bond, and
				performance bond.
3.5. Change
				Order. Written modification or amendment to a WVBE-issued contract in the
				manner provided in the contract or upon the mutual consent of the WVBE and the
				vendor.
3.6. Commodities. Goods,
				supplies, materials, equipment, or any other tangible item.
3.7. Contract. Binding agreement entered into
				between the WVBE and a vendor to provide the commodities or services requested
				in the procurement and includes a purchase order.
3.8. Cooperative Procurement. Use of a
				contract awarded by another entity, including but not limited to, another State
				agency, board, 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 WVBE to be in accordance with reasonable
				procurement standards.
3.9. Direct
				Award. Procurement method to award a contract to a vendor able to provide the
				commodities and services when it is asserted that there is not any known
				competition.
3.10. Emergency
				Procurement. Acquisition method used when unforeseen circumstances have arisen
				including, but not limited to, a threat to public health, welfare, or safety,
				to a degree that immediate action is warranted to stabilize the situation or
				protect the State's assets, not because of poor planning, neglect, or lack of
				organization.
3.11. Expression of
				Interest (EOI). Procurement method that seeks vendors to provide information
				and express an interest in a procurement for architectural and engineering
				services.
3.12. FOIA. Freedom of
				Information Act provided in W. Va. Code §
									29B-1-1, et seq.
3.13. Life Cycle Costing. Evaluation method
				that considers the cost of the commodity and service being acquired over its
				expected life or usage.
3.14.
				Master Agreement. Contract with specified terms and conditions except quantity,
				which shall also be known as an open-end contract.
3.15. Procurement. Process of purchasing,
				renting, leasing, or otherwise acquiring, receiving, and maintaining
				commodities and services.
3.16.
				Procurement Document. RFQ, RFP, RFI, EOI or other document and all attachments
				related to the bidding or other means used to acquire commodities and
				services.
3.17. Protest. Formal
				written statement from a prospective or an actual vendor that states the
				vendor's dissent or disagreement as to either specification(s) or contract
				award.
3.18. Request for
				Information (RFI). Document issued by the WVBE seeking information to aid in
				preparing specifications.
3.19.
				Request for Proposal (RFP). Document issued by the WVBE to obtain commodities
				and services for which cost is not the sole determining factor for
				award.
3.20. Request for Quotation
				(RFQ). Document issued by the WVBE to obtain a quotation or bid.
3.21. Requisition. Written or electronic
				request for the purchase of commodities and services.
3.22. Responsible Vendor. Vendor believed to
				have the capability to perform a contract and the integrity and reliability to
				assure good faith performance.
3.23. Responsive Vendor. Vendor submitting a
				bid that conforms in all material respects to the requirements and
				specifications of a procurement document.
3.24. Services. Intangible items including,
				but not limited to, labor, time, expertise, maintenance, software, and service
				agreements.
3.25. Specification.
				Clear and accurate description of the physical, functional or performance
				characteristics, or nature of a commodity being acquired, and including, but
				not limited to, requirements for inspection, testing, and
				performance.
3.26. State. State of
				West Virginia.
3.27. Total
				Ownership or Operational Cost. Evaluation method that considers the costs of
				signing, bidding, implementing, operating, training, transitional costs,
				residual value, disposal, and processes for a commodity or service.
3.28. WVBE. For the purposes of this policy:
				West Virginia Board of Education, West Virginia Department of Education, West
				Virginia Schools of Diversion and Transition, and the West Virginia Schools for
				the Deaf and the Blind.
3.29. WVBE
				Purchasing. Offices within the WVBE with personnel assigned to oversee and
				manage procurement.
3.30. Vendor.
				Person or entity considering or submitting a bid, a person or entity selected
				as the lowest responsible vendor in connection with a bid, or a person or
				entity that has been awarded the contract.