West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-101 - Exempt Purchasing
Section 114-101-5 - Formal procurement documents and processes
Universal Citation: 114 WV Code of State Rules 114-101-5
Current through Register Vol. XLI, No. 38, September 20, 2024
5.1. Request for Quotation (RFQ)
5.1.1. An RFQ shall
contain a detailed description of, or specification for, the item(s) being
purchased, any required delivery date, quantities, bid price per unit, and
information on how to complete and submit the RFQ bid and deadlines.
5.1.2. Bids shall be reviewed by OIC Procurement
and the OIC division requesting the item(s) to verify each bid meets the
requirements of the RFQ.
5.1.3. An
award shall be made to the responsible and responsive vendor having the lowest
bid.
5.2. Direct Awards
5.2.1. A direct award shall be a procurement
method occurring only if:
5.2.1.a. The procurement
file contains the following:
5.2.1.a.1. Written
justification that the direct award is in the best interests of the state;
5.2.1.a.2. Documentation of efforts
used to determine that there is no other source or that no other source would be
willing or able to replace the existing source without a detrimental effect; and
5.2.1.a.3. No other vendor expresses an
interest in providing the commodity or service in question.
5.2.1.b. A direct award may be used for
procurements determined to be non-competitive, including the list of commodities and
services in Section 9 of the West Virginia State Purchasing Division Procedures
Handbook.
5.2.1.c. A direct award
contract may be extended or renewed if the request is substantiated by a written
justification of continuation of the contract.
5.3. Request for Proposal (RFP)
5.3.1. RFP documentation shall define the
commodities and services desired to allow comparability of bids as submitted.
5.3.2. Procurements by RFP shall be
advertised through media considered advisable and not cost prohibitive, including
professional publications, wvOASIS, the OIC's website, and emails to potential
vendors.
5.3.3. RFPs must contain
provisions for a two-part evaluation, the first part being technical aspects of the
proposal and the second part being cost to the state. The two components will be
evaluated, scored, and combined to form a total score. Technical proposals must be
opened first and fully evaluated prior to cost proposals being opened. Vendors shall
be notified of the date and time of opening the cost portion. The highest scoring
vendor will be awarded the contract.
5.3.4. At the date, time, and location of the bid
opening, the bids received shall be opened and the names of the vendors submitting a
bid read aloud and documented. OIC Procurement shall verify that the technical and
cost portions of the bids are separate, and the cost portion is sealed.
5.3.5. If there is more than one bidder responding
to the RFP, OIC Procurement may negotiate a lower price with the highest ranked
bidder. If the contract is not awarded to the highest scoring bidder, OIC
Procurement may close negotiations with that bidder and enter into negotiations with
the next highest scoring bidder and may continue to do so in like manner with the
remaining responsive and responsible bidders. OIC Procurement shall only extend an
offer after it is offered to all prior bidders in order of rank.
5.4. Emergency Procurements
5.4.1. In the event the Governor, OIC, or other
authorized official declares an emergency exists, OIC Procurement shall determine to
what extent the procedures set forth in this section will apply to procurements and
authorize emergency procurements.
5.4.2. An emergency procurement shall use the
procurement methods in this rule to the extent practicable.
5.4.3. OIC Procurement shall assist in obtaining
bids, preparing documentation, verifying any required vendor registration and
licensing, and issue any contracts necessary.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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