West Virginia Code of State Rules › Agency 112 - Treasurer › Title 112 - PROCEDURAL RULE STATE TREASURER'S OFFICE › Series 112-17 - Exempt Purchasing › Section 112-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Addendum"
				means a written modification to specifications or other procurement document
				issued by the STO.
2.2. "Award"
				means the written determination of the selection of a vendor to perform under a
				contract issued after encumbrance in wvOASIS and final STO approval.
2.3. "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.
2.4. "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 STO issued procurement document and
				includes a proposal to an RFP.
2.5.
				"Blackout Period" means a period during which all communication must be routed
				through STO Purchasing once a requisition has been submitted up to a final
				award.
2.6. "Bond" means a 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.
2.7. "Change
				Order" means a written modification or amendment to an STO issued contract in
				the manner provided in the contract or upon the mutual consent of the STO and
				the vendor.
2.8. "Commodities"
				means goods, supplies, materials, equipment or any other tangible
				item.
2.9. "Competitive
				Negotiation" means the process determined to be in the best interests of the
				STO and by which the STO negotiates with the highest scoring vendors believed
				to be competent, responsible and responsive in a procurement and for which cost
				is considered but not determinative in making an award.
2.10. "Contract" means the binding agreement
				entered into between the STO and a vendor to provide the commodities or
				services requested in the procurement and includes a purchase order.
2.11. "Cooperative Procurement" means use of
				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 STO to be in accordance
				with reasonable procurement standards.
2.12. "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, and
				when circumstances allow.
2.13.
				"Emergency Procurement" means 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, not because of poor planning,
				neglect or lack of organization.
2.14. "Expression of Interest" or "EOI" means
				a procurement method that seeks vendors to provide information and express an
				interest in a procurement, generally for architectural and engineering
				services.
2.15. "FOIA" means Freedom
				of Information Act found in West Virginia Code §
									29B-1-1 et seq.
2.16. "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.
2.17. "Master Agreement" means a contract
				with specified terms and conditions except quantity, which is also known as an
				open-end contract.
2.18.
				"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.
2.19. "Procurement"
				means the process of purchasing, renting, leasing or otherwise acquiring,
				receiving and maintaining commodities and services, including receiving,
				inspection, storekeeping, and contract administration.
2.20. "Procurement Document" means an RFQ,
				RFP, RFI, EOI and other document and all attachments related to the bidding or
				other means of acquiring commodities and services.
2.21. "Protest" means a formal written
				statement from a prospective or an actual vendor that states the vendor's
				dissent or disagreement as to a procurement document or process pertaining to
				an STO procurement.
2.22. "Rapid
				Award Contract" means a procurement method available to the STO's investment
				and savings programs for purchases that are exempt from requirements of W. Va.
				Code §
									5A-3-1
et seq
.,
				upon approval of the Legal Division and the Treasurer or Assistant Treasurer
				and when time is of the essence.
2.23. "Request for Information" or "RFI"
				means a document that seeks information to aid in preparing
				specifications.
2.24. "Request for
				Proposal" or "RFP" means a document issued by the STO to obtain services and/or
				commodities and services for which cost is not the sole determining factor for
				award.
2.25. "Request for
				Quotation" or "RFQ" means a document issued by the STO to obtain a quotation or
				bid.
2.26. "Requisition" means a
				written or electronic request for the purchase of commodities and
				services.
2.27. "Responsible
				Vendor" means a vendor believed to have the capability to perform a Contract
				and the integrity and reliability to assure good faith performance.
2.28. "Responsive Vendor" means a vendor
				submitting a bid that conforms in all material respects to the requirements and
				specifications of a procurement document.
2.29. "Services" means intangible items, that
				include labor, time, expertise, maintenance, software and service
				agreements.
2.30. "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.
2.31. "State" means the State of West
				Virginia
2.32. "STO" means the West
				Virginia State Treasurer, the State Treasurer's Office, or the State
				Treasurer's designee.
2.33. "STO
				Purchasing" means the division within the STO with personnel who manage the
				functionality of STO procurement.
2.34. "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
				costs is not the determining factor in award.
2.35. "Vendor" means a person or entity
				considering or submitting a bid, a person or entity selected as the lowest
				responsible and responsible vendor in connection with a bid, or a person or
				entity that has been awarded the contract.