W. Va. Code R. § 135-30-2 - Definitions

Current through Register Vol. XXXIX, No. 11, March 18, 2022

2.1. As used in this rule, all terms have the same meaning as provided in West Virginia Code § 18B-1-2, and as follows:

2.1.a. "Bid" means a response by a vendor to a solicitation issued by the Council. This includes Request for Proposals, Request for Quotations and any other solicitation methodology used by the Council.

2.1.b. "Buyer" means an individual designated by a chief procurement officer or director of procurement to perform designated purchasing and acquisition functions as authorized by the chief procurement officer/director of procurement.

2.1.c. "Chancellor for higher education" means the chief executive officer of the Commission employed pursuant to West Virginia Code § 18B-1B-5.

2.1.d. "Chancellor for community and technical college education" means the chief executive officer of the Council employed pursuant to West Virginia Code § 18B-2B-3.

2.1.e. "Commission Office" means the office that houses the Vice Chancellor for Administration and such professional, administrative, clerical and other employees as may be necessary to assist the Vice Chancellor for Administration perform his or her functions, tasks and duties.

2.1.f. "Chief procurement officer" means the individual designated by a president of a state institution of higher education to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for that institution. For the Commission Office and West Virginia Network for Educational Telecomputing, the chief procurement officer is the person designated by the Vice Chancellor for Administration.

2.1.g. "Commodity" means an article which is useful or serviceable, particularly an article of merchandise movable in trade; a good, or service of any kind, including construction; an article of trade or commerce; things that are bought and sold.

2.1.h. "Director of Procurement" means the individual designated by the Vice Chancellor for Administration to manage, oversee and direct the purchasing, acquisition and inventory management of materials, supplies, equipment, services, and printing, and disposal of obsolete and surplus materials, supplies, and equipment for the Commission Office and West Virginia Network for Educational Telecomputing.

2.1.i. "Essential service" means something basic; a commodity that is necessary, indispensable, or unavoidable and is purchased in a routine, repetitive, and noncompetitive manner.

2.1.j. "Institution(s)" means any public West Virginia university, college, and community and technical college, individually or collectively, created pursuant to West Virginia Code § 18B-1-2. For the purposes of this rule, the Commission Office and West Virginia Network for Educational Telecomputing shall also be considered institutions.

2.1.k. "F.O.B. destination" and "free on board destination" mean the seller or vendor must transport or pay for the transportation of the materials, supplies, equipment, services and printing, to the point of destination specified in the contract.

2.1.l. "Governing Boards" or "Boards" means the institutional boards of governors created pursuant to West Virginia Code § 18B-2A-1.

2.1.m. "Higher education institution" means an institution as defined by Sections 401(f), (g) and (h) of the federal Higher Education Facilities Act of 1963, as amended.

2.1.n. "President" means the chief executive officer of a higher education institution.

2.1.o. "Purchase order" means the document issued by the Council to a vendor for the acquisition of goods and services. A purchase order may also be referred to as a "contract".

2.1.p. "Sole source" means only one vendor can supply the desired product or service.

2.1.q. "Single source" means that the desired product or service is available from only one supplier because of the uniqueness and characteristics of the product or service offered.

2.1.r. "Responsible bidder" and "responsible vendor" mean a person and/or vendor who have the capability in all respects to perform contract requirements, and the integrity and reliability which will assure good faith performance.

2.1.s. "Responsive bidder" and "responsive vendor" mean a person and/or vendor who has submitted a bid which conforms in all material respects to the invitation to bid.

2.1.t. "Vendor" means a seller of goods and services. A vendor must be registered with the West Virginia Department of Administration prior to the receipt of a purchase order or contract.

2.1.u. "West Virginia Council for Community and Technical College Education" or "Council" means the Council created pursuant to West Virginia Code § 18B-2B-1.

2.1.v. "West Virginia Higher Education Policy Commission" or "Commission" means the Commission created pursuant to West Virginia Code § 18B-1B-1.

2.1.w. "Vice Chancellor for Administration" means that person employed by the Commission with the advice and consent of the Council in accordance with West Virginia Code § 18B-4-2. The Vice Chancellor for Administration shall assume all powers and duties that were assigned to the Senior Administrator.

Notes

W. Va. Code R. § 135-30-2