West Virginia Code of State Rules
Agency 144 - Tourism
Title 144 - PROCEDURAL RULE DEPARTMENT OF TOURISM
Series 144-03 - Purchasing Procedures
Section 144-3-8 - Remedies

Universal Citation: 144 WV Code of State Rules 144-3-8

Current through Register Vol. XLI, No. 38, September 20, 2024

8.1. The Procurement Officer may require the Department to attempt to resolve any issues that it may have with the vendor prior to pursuing a remedy contained herein. The Department must document any resolution efforts to be retained by the Procurement Officer.

8.2. Contract Cancellation.

8.2.1. The Procurement Officer may cancel a purchase or contract immediately under any one of the following conditions including without limitation:
8.2.1.a. The vendor agrees to cancellation.

8.2.1.b. The vendor has obtained the contract by fraud, collusion, conspiracy, or is in conflict with any statutory or constitutional provision of the State of West Virginia.

8.2.1.c. Failure to honor any contractual term or condition or to honor standard commercial practices.

8.2.1.d. The existence of an organizational conflict of interest is identified.

8.2.1.e. Funds are not appropriated, or an appropriation is discontinued by the legislature for the acquisition.

8.2.1.f. Violation of any federal, state, or local law, regulation, or ordinance.

8.2.2. Except as provided for in subdivision 8.2.1. of this subsection, the Procurement Officer may cancel a purchase or contract for any reason or no reason, upon providing the vendor with 30 days' notice of the cancellation.

8.3. Opportunity to cure.

8.3.1. In the event that a vendor fails to honor any contractual term or condition, or violates any provision of federal, state, or local law, regulation, or ordinance, the Procurement Officer may request the vendor remedy the contract breach or legal violation within a time frame the Procurement Officer deems appropriate.

8.3.2. If the vendor fails to remedy the contract breach or legal violation or the Procurement Officer determines, at his or her sole discretion, that such a request is unlikely to yield a satisfactory result, then he or she may cancel immediately without providing the vendor an opportunity to perform a remedy.

8.4. Re-award.

8.4.1. The Procurement Officer may award a cancelled contract to the next most qualified responsible bidder, whether that be the next lowest bidder in a cost driven competitive bid or the next highest scoring bidder if best value procurement, without a subsequent solicitation if the Secretary determines it to be in the best interest of the Department.

8.5. Non-responsible.

8.5.1. If the Procurement Officer believes that a vendor may be non-responsible, the Procurement Officer may request a vendor provide evidence the vendor either does or does not have the capability to fully perform the contract requirements and the integrity and reliability necessary to assure good faith performance.

8.5.2. If the Procurement Officer determines the vendor is non-responsible, the Procurement Officer shall reject the vendor's bid and shall not award the contract to that vendor.

8.5.3. A determination of non-responsibility must be evaluated on a case-by-case basis and can only be made after the vendor in question has submitted a bid.

8.5.4. A determination of non-responsibility will only extend to the contract for which the vendor has submitted a bid and does not operate as a bar against submitting future bids.

8.6. Suspension by the Department.

8.6.1. The Secretary may suspend, for a period not to exceed one year, the right of a vendor to bid on procurements issued by the Department

8.6.2. Upon a determination by the Secretary that a suspension is warranted, the Secretary will serve a notice of suspension to the vendor.

8.7. Damages.

8.7.1. A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the state.

8.7.2. If any commodities delivered under a contract have been used or consumed by the Department and on testing the commodities are found not to comply with specifications, no payment may be approved for the merchandise until the amount of actual damages incurred has been determined.

8.7.3. The Department shall seek to collect damages by means are determined appropriate by the Secretary in consultation with counsel.

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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