West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-101 - Exempt Purchasing
Section 114-101-3 - General information
Current through Register Vol. XLI, No. 38, September 20, 2024
3.1. OIC procurements for commodities and services shall be centrally processed within the OIC to provide economical and efficient services at a reasonable cost, using fair and reasonable competition methods and providing equitable treatment of vendors.
3.2. Methods used to determine the appropriate commodities and services needed by the OIC may include:
3.3. The requirements or limitations in a procurement document shall be reasonable in consideration of OIC needs.
3.4. Documentation shall be maintained for all procurements and purchases by OIC Procurement to protect the processes.
3.5. The Chief Financial Officer shall audit OIC exempt procurement and exempt purchasing processes and files every two years beginning in 2023 to cover the period of the effective date of this rule through December 31, 2022, and then every two years thereafter. In lieu thereof, the OIC may contract with a licensed public accounting firm to conduct this audit.
3.6. OIC contracts shall comply with all applicable laws, rules, and regulations. Procurement documents must contain standard agency terms and conditions to aid in compliance with West Virginia law.
3.7. Bids and direct award opportunities must be publicly solicited via wvOASIS.
3.8. There shall be a blackout period from the release of an RFQ, RFP or EOI by the OIC until award or cancellation during which the only contact with the OIC is through OIC Procurement.
3.9. Vendors shall be provided with instructions for submitting bids and may contact OIC Procurement as needed.
3.10. Every contract issued shall contain a clause that permits the OIC to cancel the contract upon 30 days written notice to the vendor without penalty.
3.11. Bids shall not be altered and are considered public records available for review or copying after they are opened. After award, the entire file shall be public records and available for review or copying.
3.12. Use of a purchasing card offered through the West Virginia State Auditor's Office may be required in any procurement if use is determined appropriate.
3.13. Bid openings must be witnessed by two OIC staff members, one of whom is with OIC Procurement. OIC Procurement personnel shall read aloud the names of the vendors submitting bids. For bids received pursuant to an RFP, OIC Procurement shall confirm that each original package contains a separately sealed cost proposal.
3.14. OIC Procurement shall provide timely written notice to the vendors that were unsuccessful in their bid not being awarded.
3.15. Bid evaluators shall have no financial, personal, or other conflict of interest relating to any vendor or vendor representative that has submitted a bid. Bid evaluators must sign a form certifying no conflicts of interest with respect to each bid.
3.16. Negotiation may be used to finalize a contract and when needing a change order to amend or modify a current contract. Negotiation of a change in scope is permitted when circumstances dictate. A justification for a negotiated change order must be included in the file.
3.17. The length of the term of a contract and any extensions shall be considered at the time the procurement documents are issued and then determined at the time the contract is issued. The OIC will use life cycle costing, total ownership or operational cost, or other reasonable methods to determine the appropriate length of a term and any extensions or renewals. A written justification must be in the file for any contract term longer than five years with renewals, as well as for extensions or renewals.
3.18. The OIC will evaluate existing contracts with terms exceeding five years every other year prior to termination using life cycle costing and total ownership or operation cost procurement methods to determine whether the commodities or services should be bid.
3.19. The OIC shall abide by the West Virginia Ethics Act and the associated promulgated rules and shall not make a purchase from a conflicted vendor or a vendor with a significant financial interest as prohibited under the West Virginia Ethics Act.
