West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-43 - Purchasing Efficiencies › Section 133-43-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As used in
				this rule, all terms have the same meaning as provided in W. Va. Code §
									18B-1-2, and as
				follows:
2.1.1. "Bid" means an offer to
				perform a contract for service, work and labor, or the supplying of goods,
				materials, equipment or printing at a specified price in accordance with the
				specifications in a request for bids.
2.1.2. "Bidder" means one who makes a
				bid.
2.1.3. "Bulk purchasing" means
				the acquisition or procurement of materials, supplies, equipment, services and
				printing in quantity in order to benefit from the most favorable terms, prices
				and economies of scale.
2.1.4.
				"Buyer" means an individual designated by a chief procurement officer to
				perform designated purchasing and acquisition functions as authorized by the
				chief procurement officer.
2.1.5.
				"Chancellor" means the chief executive officer of the Commission employed
				pursuant to W. Va. Code §
										18B-1B-5.
2.1.6. "Chief procurement officer" means the
				individual designated by a president of a state institution of higher education
				to manage, oversee and direct the purchasing, acquisition and inventory
				management of materials, supplies, equipment, services, and printing, and
				disposal of obsolete and surplus materials, supplies, and equipment for that
				institution. For the Commission's Office and West Virginia Network for
				Educational Telecomputing, the chief procurement officer is the person
				designated by the Chancellor.
2.1.7. "Commission Office" means the office
				that houses the Chancellor, Vice Chancellor for Administration and other
				Commission staff.
2.1.8.
				"Commodity" means an article which is useful or serviceable, particularly an
				article of merchandise movable in trade; a good, or service of any kind,
				including construction; an article of trade or commerce; things that are bought
				and sold.
2.1.9. "Competitive
				bidding" means bids that are submitted in response to an invitation, public
				notice or advertisement of an intended sale or purchase.
2.1.10. "Electronic marketplaces" means an
				environment in which participating buyers and sellers exchange information
				about prices and product offerings and the procurement and payment process is
				conducted primarily via the Internet and websites of both the buyers and
				sellers.
2.1.11. "Electronic
				remitting" means to send or transmit documents, information or money (as in the
				transfer of funds or for payment of goods and services) by means of computer,
				telephone or electronic instrument from the originator to the
				recipient.
2.1.12. "Essential
				service" means something basic; a commodity that is necessary, indispensable,
				or unavoidable and is purchased in a routine, repetitive, and noncompetitive
				manner.
2.1.13. "F.O.B.
				destination" and "free on board destination" mean the seller or vendor must
				transport or pay for the transportation of the materials, supplies, equipment,
				services and printing, to the point of destination specified in the
				contract.
2.1.14. "Governing
				Boards" or "Boards" means the institutional boards of governors created
				pursuant to W. Va. Code §
										18B-2A-1(b).
2.1.15. "Institution(s)" means any public
				West Virginia university, college, community and technical college,
				individually or collectively, created pursuant to W. Va. Code §
										18B-1-2. For the
				purposes of this rule, the Commission's Office and West Virginia Network for
				Educational Telecomputing shall also be considered institutions.
2.1.16. "President" means the executive
				officer of an institution.
2.1.17.
				"Sole source" means only one vendor can supply the desired product or
				service.
2.1.18. "Single source"
				means that the desired product or service is available from only one supplier
				because of the uniqueness and characteristics of the product or service
				offered.
2.1.19. "Responsible
				bidder" and "responsible vendor" mean a person and/or vendor who have the
				capability in all respects to perform contract requirements, and the integrity
				and reliability that will assure good faith performance.
2.1.20. "Responsive bidder" and "responsive
				vendor" mean a person and/or vendor who have submitted a bid that conforms in
				all material respects to the invitation to bid.
2.1.21. "Reverse Bidding" means
(1) an offer by an intended purchaser to a
				seller to pay a designated price for the specified material, supplies,
				equipment, services and printing;
(2) the buyer uses the electronic marketplace
				to set a date and time for interested vendors to bid on certain commodities, an
				opening bid is made, and other vendors follow by bidding downward until no one
				chooses to sell to the buyer at a lower price.
2.1.22. "Sealed bid" means bid submitted
				under seal, and which is not to be opened until a specified time at which all
				bids are to be opened and compared.
2.1.23. "Vendor" means a seller of goods and
				services.
2.1.24. "West Virginia
				Higher Education Policy Commission" or "Commission" means the commission
				created pursuant to W. Va. Code §
										18B-1B-1.
2.1.25. "Vice Chancellor for Administration"
				means that person employed by the Chancellor in accordance with W. Va. Code
				§
										18B-4-2.
				The Vice Chancellor for Administration shall assume all powers and duties that
				were assigned to the Senior Administrator.