West Virginia Code of State Rules
Agency 144 - Tourism
Title 144 - PROCEDURAL RULE DEPARTMENT OF TOURISM
Series 144-03 - Purchasing Procedures
Section 144-3-4 - Duties of Procurement Officer
Universal Citation: 144 WV Code of State Rules 144-3-4
Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. The Procurement Officer shall, in addition to other responsibilities provided throughout this rule, perform the following duties:
4.1.1. Ensure that purchases and contracts
for commodities and services are based on competitive bids whenever, in the
opinion of the Procurement Officer, it is appropriate and in the best interest
of the Department of Tourism.
4.1.2. Establish and maintain a list of
commodities and services, subject to the approval of the Secretary, that are
not possible to submit for competitive bid by the Department.
4.1.2.a. The Department may purchase the
commodities and services on the list directly from the vendor and are not
required to solicit competitive bids for purchase of those items approved by
the Procurement Officer.
4.1.2.b.
The Procurement Officer may, upon the approval of the Secretary, amend the list
of commodities and services that are not possible for competitive bid by the
Department as he or she may determine to be appropriate. Requests to add
commodities or services to the list must be accompanied by written
justification and an explanation of why competitive bids are not
possible.
4.1.3.
Prescribe the manner in which commodities and services shall be purchased,
delivered, stored, and distributed.
4.1.4. Purchase or contract for commodities
and services required by the Department.
4.1.5. Review specifications and descriptions
before soliciting bids to ensure specifications and descriptions do not have
the purpose of favoring a particular brand or vendor.
4.1.6. Accept or reject any and all bids in
whole or in part.
4.1.7. Waive
minor irregularities in bids or specifications when the Procurement Officer
determines such action to be appropriate.
4.1.8. Apply and enforce standard
specifications.
4.1.9. Prescribe,
if determined necessary, the amount of deposit or bond that may be required for
security on certain contracts.
4.1.10. Prescribe the manner of inspection
for all deliveries of commodities and services.
4.1.11. Authorize staff to review, audit, and
approve requests, purchases, and other transactions and performance that fall
under the duties of the Procurement Officer. Authorized staff shall have access
at any and all times to personnel, records, reports, and other documents, as
needed. Authorized staff may also provide relevant training for Department
personnel.
4.1.12. Recommend to the
Secretary the following corrective actions if any personnel fail to comply with
the guidance established for purchases of $25,000 or less:
4.1.12.a. Suspend or reduce purchasing
permission for the responsible personnel.
4.1.12.b. Require additional reports and
documentation relating to purchases of $25,000 or less for Procurement Officer
review.
4.1.12.c. Require
additional oversight that the Procurement Officer deems appropriate.
4.1.12.d. Require the personnel responsible
for purchases of $25,000 or less participate in remedial training as approved
by the Procurement Officer.
4.1.13. Ensure that all materials, supplies,
and equipment are inspected upon delivery and again prior to final acceptance
to ensure compliance with the contract requirements and specifications, and any
discrepancies should be document. The Procurement Officer may require a vendor
to pick up any merchandise not conforming to specifications and replace the
merchandise immediately, or to pay such damages as are determined to be
appropriate.
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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