Current through Register Vol. XLI, No. 38, September 20, 2024
3.1. The CNA must provide to the Committee a list of commodities and services available from qualified vendors for consideration for the statewide contract. The following information must be provided to the committee prior to making such determination:
3.1.a. All costs and pricing information for use in the determination of the fair market price by the Committee.
3.1.a.1. For commodities identify the item description, the specification identification, the lead time for purchase of materials, the delivery or completion time, the production or preparation time, the price, the state identification numbers required and other pertinent information considered necessary by the procuring agencies, purchasing division, or CNA.
3.1.a.2. For services identify the type of service to be provided, the area(s) and/or spending units to be served, as well as information on processing, the lead time for purchase of materials, the delivery or completion time, production or preparation time, the state identification numbers and other pertinent information.
3.1.b. When the current vendor is a small business and the individual service or commodity in question comprises 33% or more of the total annual sales of that business, the current vendor will not be displaced, unless the agency requests a change in a vendor or the vendor leaves the contract voluntarily. The CNA shall provide the committee with the name(s) of the small business(s) and the percentage of the impact to the business(s) if the commodity or service is lost.
3.1.b.1. The committee shall provide a 60 day notification to a current vendor of a service or commodity prior to consideration for placement on the statewide contract.
3.1.b.2. The current vendor may appear before the committee prior to the commodity or service being placed on the statewide contract.
3.2. The committee shall approve all commodities or services prior to their placement on the statewide contract.
3.3. The committee shall transmit its recommendation(s) to the director, who has final approval. If the director wants more information from the committee he/she may request it.
3.4. Commodities or services placed on the statewide contract must be purchased through the CNA if the spending unit is mandated to follow the provisions of W. Va. Code §
5A-3A-1 et seq.
3.4.a. If any state spending unit intends to obtain any commodity or service, it must determine whether the commodity or service is on the statewide contract. If the needed commodity or service is on the statewide contract it shall be obtained from the contract.
3.4.b. Commodities or services placed on the statewide contract are "reserved" for the committee to assign.
3.4.c. Qualified vendors who fail to avail themselves of the protection of W. Va. Code § 5-3A-10, which exempts certain workshops and rehabilitation facilities from competitive bidding, may bid competitively on commodities or services without the involvement of the CNA or Committee, provided the commodities or services have not been "reserved" on the statewide contract.
3.5. Other Institutions with Preference on the Statewide Contract. -- Except for commodities and services provided by qualified vendors under contract with the State as of July 1, 1990, commodities or services meeting state specifications which are under substantial development or in production by any other institution with preference may be placed on the procurement list with the approval of the Director of Purchasing.
3.5.a. The CNA may negotiate agreements regarding contract reservation with the Prison Industries subject to final approval by the Committee and the Director of Purchasing. The Committee may enter into direct negotiations with the Commissioner of Corrections, The Director of Purchasing and the Director of the Budget to jointly agree on procedures to coordinate the provisions of W. Va. Code § 28-5B-1 et seq., the Prison Made Goods Act, and W. Va. Code §
5A-3A-1 et seq. In the event of a conflict between institutions with purchasing preference under the West Virginia Code, the Director of Purchasing shall make a final determination as to which institution may be placed on the procurement list for a specific commodity or service.
