Current through Register Vol. XLI, No. 38, September 20, 2024
4.1.
Documentation associated with all procurements shall be maintained in files in
accordance with OIC record retention policy.
4.2. All purchases of commodities and services
shall be subject to expenditure approval.
4.3. Contracts shall be issued for all
procurements regardless of dollar amounts to assist with tracking and ensure proper
internal controls. As defined herein, the term contract includes purchase orders.
4.4. Vendors shall be responsible for
submitting a correct and accurate bid to OIC Procurement by the specified bid
opening time, date, and location and in accordance with the procurement documents.
4.5. Prior to an award of a contract,
vendors must be a registered vendor as required by the West Virginia State
Purchasing Division, document any required license or insurance, and be in good
standing with state and local entities, including but not limited to the OIC with
respect to workers' compensation insurance and the West Virginia Secretary of State.
4.6. Vendors to be awarded a contract
of $1 million or more or a series of related contracts for which the cumulative
total exceeds $1 million shall submit to the OIC a fully completed Disclosure of
Interested Parties form authorized by the West Virginia Ethics Commission.
4.7. A vendor shall not commence work
on any procurement without receipt of the awarded contract and any required notice
to proceed. The OIC shall not be responsible for any work by a vendor prior to and
not in accordance with the contract awarded.
4.8. All requests for commodities or services
shall be submitted in a requisition to OIC Procurement via email, written memo, or
other acceptable method. All requests require the approval of a division director or
other person with the appropriate signature authority.
4.9. Upon receipt, a requisition shall be reviewed
to determine the sourcing method for the procurement.
4.9.1. Sourcing methods to be considered shall
include review of inventory from stockroom; state sources (e.g., correctional
industries, sheltered workshops, surplus property); statewide or agency master
agreements; cooperative contracts; or obtaining bids if required by the procurement
method levels.
4.9.2. Any OIC contract
usable by another state entity or a political subdivision shall declare such use.
4.10. Purchases and contracts
for commodities and services shall be based on competitive bid whenever possible,
subject to the following:
4.10.1. Competitive bids
may, but are not required to be obtained, when the value of the item or service is
$2,500 or less;
4.10.2. A minimum of
three verbal bids shall be required, when possible, when the value of the item or
service is between $2,500.01 and $10,000;
4.10.3. A minimum of three written bids shall be
required, when possible, when the value of the item or service is between $10,000.01
and $25,000; and
4.10.4. Purchases
expected to exceed $25,000 must be the subject of competitive bid solicitation
unless otherwise allowed under subsection 4.11 of this rule.
4.11. OIC Procurement may authorize purchases
directly from a vendor without competitive bidding under the following
circumstances:
4.11.1. It is determined that a
direct award is appropriate because there is no other source for the product or
service, or that no other source would be willing or able to replace the existing
source without a detrimental effect on the OIC, in which case the OIC will document
its due diligence in making this determination;
4.11.2. In the event of an emergency, including
but not limited to unforeseen events or circumstances, delays by contractors, delays
in transportation, or an unanticipated volume of work, as well as procurements
related to an official declaration of emergency by the Governor or federal
officials. Notwithstanding the existence of an emergency as described in this
subdivision, the OIC shall attempt to obtain three bids whenever possible.
"Emergency" does not include circumstances caused by the OIC's neglect, poor
planning, or lack of organization;
4.11.3. The commodity or service being sought is
included on the "Impossible to Bid" list set forth in Section 9 of the West Virginia
State Purchasing Division Procedures Handbook; or
4.11.4. Competitive bidding is not expressly
required by statute.
4.11.4.a. When competitive
bidding is not expressly required by statute and not used for a direct award, the
OIC will evaluate vendors based upon the following criteria, where applicable, and
will document its evaluation:
4.11.4.a.1. Overall
experience;
4.11.4.a.2. Professional
certifications or designations;
4.11.4.a.3. Company specific experience;
4.11.4.a.4. Company type experience;
4.11.4.a.5. Knowledge of company or
line of business;
4.11.4.a.6. Prior
work for the OIC;
4.11.4.a.7.
Professional reputation;
4.11.4.a.8.
Availability and commitment to required timeframes;
4.11.4.a.9. Adequacy of staffing, including the
ability of assigned staff members to complete the contract without substitution;
4.11.4.a.10. Quality of work;
4.11.4.a.11. Experience with National
Association of Insurance Commissioners' accreditation review process and knowledge
of the National Association of Insurance Commissioners' examination handbook and
guidelines;
4.11.4.a.12. References
from other insurance regulators or subject matter experts;
4.11.4.a.13. Projected costs;
4.11.4.a.14. Conflicts of interest;
4.11.4.a.15. Support services available to the
vendor, including but not limited to information technology services and actuarial
services; and
4.11.4.a.16. Any other
guidelines or procedures the OIC considers appropriate.
4.12. Any required vendor
terms and conditions must be submitted and approved before a contract is awarded.
The OIC will obtain approval from the Attorney General as to contract form and
conformity with applicable law when required by statute or when deemed necessary by
OIC Procurement.
4.13. All procurement
documents issued for a procurement shall include a specific date, time, and location
for submission of bids.
4.13.1. Bids not submitted
by the specified date and time to the specific location shall be rejected and not be
considered.
4.13.2. OIC Procurement
shall stamp bids with the date and time of actual receipt for bids physically
received. Bids received through wvOASIS are stamped by the system.
4.13.3. Bids shall remain sealed until the
specified date and time, at which time OIC Procurement will open the bids.
4.13.4. No bid received may be altered
after opening.
4.13.5. A vendor
submitting a bid may withdraw the bid at any time prior to bid opening.
4.14. Aggregate procurements in excess
of $25,000 by the OIC shall not circumvent the formal procurement requirements in
any 12-month rolling period.
4.15.
Receiving reports shall be prepared and submitted in accordance with W. Va. Code
§
12-3-10f.
4.16. OIC Procurement must reject a bid
that is found to be non-responsive. A non-responsive bid is one that fails to
conform to the solicitation in all material respects.
