W. Va. Code R. § 170-6-17 - Negotiation When All Bids Exceed Available Funds

17.1. If all bids meeting requirements exceed the budgeted amount, the Division may negotiate a lower price within budget with the lowest bidder. If the negotiation does not lead to the budget amount being met, the DAS - Purchasing Section may negotiate a lower price with the next lowest bidder and continue negotiations with participating bidders after negotiation closes with the preceding bidder.

17.2. Discussion and Final Offers:

17.2.1. As provided in the bid solicitation, the Assistant Director - DAS Purchasing Section or their designee may conduct discussions to obtain best and final offers from bidders to assure full understanding of solicitation requirements. If the Assistant Director - DAS Purchasing Section or their designee determines that a best and final offer is necessary from one vendor, all vendors shall be afforded the opportunity to provide best and final offers. All best and final offers shall be treated like a formal bid, except that advertising is not required. All bidders shall provide their best and final offers to the Assistant Director - DAS Purchasing Section prior to the date and time specified.

17.2.2. Government construction contracts, supplies and materials are exempt from this negotiation method.

Notes

W. Va. Code R. § 170-6-17