As used in
this rule, all terms have the same meaning as provided in West Virginia Code
, and as
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.
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 §
2.1.d. "Chancellor for community and
technical college education" means the chief executive officer of the Council
employed pursuant to West Virginia Code §
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
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
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 §
2.1.v. "West Virginia Higher Education Policy
Commission" or "Commission" means the Commission created pursuant to West
Virginia Code §
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 §
The Vice Chancellor for Administration shall assume all powers and duties that
were assigned to the Senior Administrator.