W. Va. Code R. § 135-30-7 - Authority, Duties and Remedies of the Chief Procurement Officer/Director of Procurement
7.1. The
chief procurement officer or the director of procurement shall, unless
otherwise stated in writing, have full authority to act in matters of
institutional purchasing, inventory management and disposal of surplus and
obsolete property as the designee of the president, or of the Vice Chancellor
for Administration in the case of the Commission and Council Offices and West
Virginia Network for Educational Telecomputing, and shall serve as the central
procurement officer for the institution. This individual may also fulfill other
institutional functions.
7.2. The
chief procurement officer or the director of procurement may appoint buyers and
delegate authority to them as designees, or to any department within the
institution. Delegation of authority by the chief procurement officer or the
director of procurement, and any limits thereupon, shall be in writing and
filed with the Vice Chancellor for Administration, the State Auditor and the
Attorney General. Responsibility for ensuring institutional compliance with the
West Virginia Code and this rule shall rest with and be the responsibility of
the chief procurement officer or director of procurement.
7.3. As required by law and this rule, and
consistent with administrative manuals, guidelines and procedures developed by
the Vice Chancellor for Administration, the chief procurement officer or
director of procurement shall have the duty and/or authority to:
7.3.a. Purchase and contract for the
materials, supplies, equipment, services, construction and printing required by
the institution;
7.3.b. Establish
institutional guidelines and procedures for purchases not exceeding
$50,000;
7.3.c. Establish
institutional guidelines and procedures for receiving, inventorying and
distributing materials, supplies, equipment, services and printing;
7.3.d. Review specifications and descriptions
before soliciting bids or proposals to ensure that they are competitive and
fair and do not unfairly favor or discriminate against a particular brand or
vendor;
7.3.e. Advertise for bids
on all purchases exceeding $50,000, and post or otherwise make available
notices of all purchases for which competitive bids or proposals are being
solicited by the institution's purchasing office;
7.3.f. Maintain the institution's purchasing
files;
7.3.g. Accept or reject any
and all bids in whole or in part;
7.3.h. Waive minor irregularities in bids,
bidding documents and/or specifications;
7.3.i. Apply and enforce standard
specifications;
7.3.j. Manage the
institution's inventory of materials, supplies and equipment, authorize
transfers to or between institutions, and sell surplus, obsolete or unused
materials, supplies, and equipment;
7.3.k. Prescribe the amount of deposit or
bond to be submitted with any bid or contract;
7.3.l. Prescribe contract provisions for
liquidated damages, remedies and/or other provisions in the event of vendor
default;
7.3.m. Exempt from
competitive bidding purchases of materials, supplies, equipment, services and
printing purchased from within state government, from West Virginia sheltered
workshops, from cooperative buying groups and consortia, and from the federal
government or federal government contracts when price, availability and quality
are comparable to those on the open market;
7.3.n. Perform chemical and physical tests on
samples submitted with bids and samples of deliveries to determine compliance
with specifications, if deemed necessary and prudent;
7.3.o. Hear and render opinions on vendor
complaints and protests;
7.3.p.
Ensure vendors are registered with the Department of Administration's
Vendor/Customer File in accordance with the West Virginia Code;
7.3.q. Apply the preference for resident
vendors required by the West Virginia Code;
7.3.r. File contracts and purchase orders
that exceed the dollar limit required for competitive sealed bidding with the
State Auditor;
7.3.s. Submit
contracts and purchase orders to the Attorney General for approval or as may be
required by law, administrative procedures and guidelines;
7.3.t. Ensure that purchases exceeding the
dollar amount for competitive bidding are encumbered and entered into the
State's accounting system as required by West Virginia Code §
18B-5-4(g)
and §
5A-2-1
et. seq.
7.3.u. Apply and enforce
other applicable provisions of state and federal laws pertaining to purchases,
inventory management and disposal of surplus and obsolete materials, supplies,
and equipment.
7.4.
Remedies that are available to the chief procurement officer or director of
procurement when appropriate circumstances arise include:
7.4.a. In the event that a vendor fails to
honor any contractual term or condition, the chief procurement officer or the
director of procurement may cancel the contract and re-award the contract to
the next lowest responsible and responsive bidder;
7.4.b. Vendors failing to honor contractual
obligations may be held responsible for all differences in cost;
7.4.c. Declare a vendor or bid
non-responsible or non-responsive and refuse to award a purchase order. All
such instances shall be substantiated in writing giving the reason(s) thereof,
and such documentation shall be considered a public document available for
inspection at all reasonable times; and
7.4.d. Suspend, for a period not to exceed
one (1) year, the right of a vendor to bid when there is reason to believe that
such vendor has violated any of the provisions of the terms and conditions of a
contract, this rule and/or state law.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.