WVNET Purchasing

The WVNET Purchasing department is responsible for the purchasing of materials, equipment, supplies and services at the lowest possible cost consistent with the quality required to provide the best service to WVNET and its member institutions.

We are members of the National Institute of Governmental Purchasing and the National Association of Educational Buyers. We also participate in consortium buying through E & I and MICTA.

Open-End Contracts, Federal Contracts, Contracts Issued by Cooperative Buying Groups and Consortia, Bulk Purchase Contracts & Contracts Issued Through Reverse Bidding and Electronic Marketplaces The following purchasing procedures pertain to contracts:
5.30.1
The Commission, the Governing Boards and their institutions may enter into open-end contracts, bulk purchase contracts and contracts issued through reverse bidding and electronic marketplaces for materials, supplies, equipment, services and/or printing to supply their respective needs in the form of statewide contracts, blanket orders or price agreements. Once issued, purchases and acquisition may be made from these contracts without securing any other quotations, bids, proposals, or expressions of interest.
5.30.2
The Commission, the Governing Boards and their institutions may, without securing quotations, bids, proposals or expressions of interest, make purchases from the federal government and from federal government contracts, and contracts issued by cooperative buying groups and consortia, if the materials, supplies, equipment, services, and printing to be purchased are available from the federal government and from federal government contracts, and if this is the most financially advantageous manner of making such purchases.
[Higher Education Purchasing Procedures Manual, July 2004]
5.3.6.1
Bidders lists may be compiled to provide the institution with the names of businesses that may be interested in competing for various types of institutional contracts. Unless otherwise provided, inclusion or exclusion of the name of a business does not indicate whether the business is responsible with respect to a particular procurement or otherwise capable of successfully performing an institutional contract. The Chief Procurement Officer or designee may draw from a bidders list a sufficient number of prospective bidders to ensure competition; however, the Chief Procurement officer or designee is not obligated to send a Request for Bids to every vendor listed.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2
4.2.1
The West Virginia Code requires that all vendors be registered with the West Virginia Department of Administration, Purchasing Division, prior to receiving a purchase order for competitive products and/or services exceeding $25,000 from the Commission, Governing Boards and their institutions. An annual vendor registration fee, payable to the West Virginia Department of Administration, is required from vendors who have received a purchase order for competitive products and/or services exceeding $25,000 per order. Those exempt from paying the fee are vendors supplying sole source (noncompetitive) products/services, or vendors receiving a purchase order in the aggregate amount of $25,000 or less per order.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2 Vendors may register by using form WV-1 (Vendor Registration and Disclosure Statement).
4.3.1
Preference for Resident Vendors: West Virginia vendors may claim an in-state resident vendor preference in accordance with §5A-3-37 of the West Virginia Code on purchases of materials, supplies, equipment and printing that are competitively bid; however, this resident vendor preference is not applicable for services, including construction. Claims for the resident vendor preference must be made in writing by the vendor and must be submitted with the vendor's bid.
4.3.2
Reciprocal Preference for Resident Vendors: Except where provisions of §5A-3-37 may apply, the reciprocal preference provided for in §5A-3-37a of the West Virginia Code shall apply to the purchase of commodities (materials, supplies, equipment, and services, including construction) and printing where approriate.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2 Vendors may apply for vendor preference by using the WV Resident Vendor Preference Certificate.
4.7.1
Neither the Council, Commission, nor the Governing Boards and their institutions shall be liable for any expense incurred by a vendor in preparation and/or presentation of a bid, proposal or quotation.
5.3.3.1
Bids shall be submitted by the bidder prior to the date and time of the bid opening on the prescribed form provided to the bidder. Substitutions may be made for the prescribed form if the substituted terms, conditions and or provisions, if any, are approved by the Chief Procurement Officer.
5.3.3.2
Bidders shall submit their bid to the location identified in the Request for Bids prior to the specified date and time of the bid opening. A bid received after the required date and time is late and shall not be opened. It shall be returned to the bidder unopened.
5.3.3.3
The bid shall be signed by an authorized agent of the bidder who has the authority to bind the bidder to the bid price, terms, conditions and the requirements of the specification. The bid submitted must have an original signature. A corporate signature without an individual name shall not be construed an acceptable signature.
5.3.3.4
Facsimile and electronically transmitted bids are not acceptable for bids over $25,000
5.3.3.5
A bidder may make written modifications to a sealed bid prior to the bid opening, provided they are made by the bidder in such a manner that the bid price is not revealed or known until the bid is opened. Modifications must be received by the Chief Procurement Officer prior to the date and time of the bid opening. Facsimile and electronically transmitted modifications are acceptable if the bid price is not revealed.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2
5.3.5.1
An award shall be made to the lowest responsible and responsive vendor. In determining the lowest responsible and responsive vendor, consideration will be given to such factors as quality (meeting specifications), price, time of delivery, cost of delivery, and other terms and conditions considered prudent. Unit prices shall prevail in all cases when there is a conflict between the unit price and the extended price. A vendor that has been debarred or is in default with Unemployment Compensation or workers' compensatin is not eligible to receive a purchase order/contract. See paragraph 4.4 for more information about debarment and paragraph 4.5 about default with Unemployment Compensation or Workers' Compensation. Also, see subparagraph 5.3.17, Bid Evaluation and Award.
5.3.5.2
In some cases multiple and/or split awards may be made when it is determined to be in the best interest of the institution.
5.3.5.3
Occasionally, purchase orders may be issued which impose no obligation on the Governing Boards or their institutions to take delivery of a product and/or service as such, these purchase orders shall be issued as blanket purchase orders or price agreements.
5.3.5.4
In situations where vendors are competing to provide a service that will generate income for an institution, the award shall be made to the highest responsible and responsive bidder, taking into consideration the factors in clause 5.3.5.1.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2
5.3.7.1
A Request for Bids shall be mailed, furnished or otherwise made available to a sufficient number of bidders (at least three whenever possible) for the purpose of securing competition.
5.3.7.2
The Chief Procurement Officer shall advertise for bids on all purchases exceeding $50,000 at least once in a newspaper of general circulation in the county or region where the purchase will be made. The advertisement shall appear at least 14 calendar days prior to the date bids are due. Institutions are encouraged to post the advertisement with national bid networks and West Virginia bid networks when practical.
5.3.7.3
The Chief Procurement Officer shall, in addition to advertising, post or make available notices of competitive acquisitions and purchases over $25,000 in the institution's purchasing office no less than 14 calendar days prior to the date bids are due. The Chief Procurement Officer shall ensure that the notice is available to the public during business hours.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2 WVNET routinely advertises in the legal sections of the Dominion Post of Morgantown and The Charleston Post Gazette. Bids estimated to exceed $25,000 are advertised and posted on this web site.

RFP -- Request for Proposals

5.4.1
Competitive sealed bidding is the preferred method of procurement; however, if the use of competitive sealed bidding is either not practicable or not advantageous to the institution, a contract may be entered into by a Request for Proposals.
5.4.2
The words "practicable" and "advantageous" are to be given ordinary dictionary meanings. The term "practicable" denotes what may be accomplished or put into practical application. "Advantageous" connotes a judgmental assessment of what is in the institution's best interest. A Request for Proposal may be practicable, that is reasonably possible, but not necessarily advantageous, that is, in the institution's best interest.
5.4.3
The key element in determining advantageousness will be the need for flexibility. The Request for Proposals method allows for the following:
a. It permits discussions with competing offerors and changes in their proposals, including price; and
b. It allows comparative judgmental evaluations to be made when selecting among acceptable proposals for award of the contract.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2

RFQ -- Request for Quotations

Specifically used for purchases estimated to be greater than $1000 but not exceeding $25,000 and awarded to the lowest responsible and responsive vendor.

RFI -- Request for Information

Used when additional information is required to establish requirements for an RFP or RFQ.

RFEI -- Request for Expression of Interest

Used when additional information and capability of providers is not known before establishing an RFP or RFQ.

RFB -- Request for Bids

Specifically used for purchases estimated to be greater than $25,000, open-end or to offer for-sale equipment no longer registered by WVNET. Bids with the highest offer are awarded.
5.35.1
Each vendor shall be solely responsible for delivery of his or her quotation, bid, proposal, expression of interest, modification or cancellation to the designated location for receipt of quotations, bids, proposals or expressions of interest bids or proposals prior to the specified date and time of the bid or proposal opening; otherwise, it shall be considered late and returned unopened to the vendor.
5.35.2
If there is a conflict between the extension price and the unit price, the unit price shall prevail.
5.35.3
Any changes made by the vendor in the specifications listed in the Request for Quotations, Request For Bids, Request for Proposals or Request for Expressions of Interest must be clearly identified. If the changes are not clearly identified, it will be assumed that items and services offered meet the specifications in all respects.
5.35.4
Vendors are solely responsible for the accuracy of the information in their quotation, bid, proposal and expression of interest and on the envelope used to submit said quotation, bid, proposal or expression of interest.
5.35.5
All sales to the Council, Commission, the Governing Boards and their institutions are exempt from consumer sales tax or excise tax by blanket state exemption and blanket federal exemption.
5.35.6
It is the vendor's exclusive duty and obligation to file protests and requests for reconsideration of suspension, in accordance with the requirements of Section 7 and Section 8 of this Purchasing Procedures Manual; otherwise, they shall be waived.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2
6.2.1
As provided in West Virginia code §18B-5-5 a contract or a change order for that contract, including associated docments such as peformance nad labor/material payment bonds and insurance certificates, which uses terms and conditions or standardardized forms previusly approved by the Attorney General and does not make substantive changes in the terms and conditions does not require approval by the Attorney General. According to the West Virginia code, the Attorney general shall make a list of those changes that he or she deems to be substantive and the list, and any changes thereto, shall be published in the State Register.
6.2.2
The following documents have been previously approved by the Attorney General for use by Higher Education Institutions {see page 74 of the HEPPM, July 2004 for Attorney General's memo dated 4/3/2003};
a. Standard purchasing forms contained in the Higher Education Purchasing Procedures Manual, July 2004;
b. The WV-96 Agreement Addendum for use with vendor terms and conditions (available in the HEPPM, July 2004);
c. AIA Documents A107, A201, A701 and B141 (1997 Editions) with preapproved Supplementary General Conditions for the State of West Virginia (used for construction contracts and architectural/engineering contracts) (available in the HEPPM, July 2004);
d. Purchasing Division performance bond, labor and material payment bond and roofing maintenance bond forms with acknowledgments raised seal on Power of Attorney (used for construction contracts) (available in the HEPPM, July 2004);
e. Certificates of Insurance on Accord or similar form naming the institution as holder and agreeing to give 30 days' notice on cancellation or non-renewal (a binder or declaration page is not sufficient) (primarily used for construction projects); (available in the HEPPM, July 2004);
f. Higher Education Policy Commission Lease Agreement and Lease Purchase Agreement forms (available in the HEPPM, July 2004); and
g. Department of Administration Leasing Division standard lease terms and conditions(available in the HEPPM, July 2004).
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2
6.3.1
Pursuant to West Virginia Code §18B-5-4, the following Higher Education documents require the Attorney General's approval "as to form" and sufficiency of execution [see page 74 of HEPPM, July 2004 for Attorney General memo dated 4/3/2003]:
a. Contracts for legal services, regardless of the dollar amount;
b. Contracts or change orders to contracts which make substantive changes to terms and conditions or standardized forms previously approved by the Attorney General. For this purpose, a "substantive" change in one which conflicts with the provisions of the WV-96 Agreement Addendum;
c. Lease-purchase agreements for capital improvements, including equipment, which total more than $100,000 over the life of the agreement; and
d. Leases or other instruments for grounds, buildings, office or other space which exceed $100,000 annually in rental payments.
6.3.3
A contract that exceeds $25,000 shall be filed with the State Auditor.
6.3.4
Upon request of the State Auditor, the Chief Procurement Officer shall make all contracts, available to the State Auditor for inspection, including those that do not exceed $25,000.
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2
11.2.4
In order to receive timely payment, vendors have the obligation and responsibility to present invoices that are timely and accurate to the accounts payable office or other office identified in the purchase order. Refer to the State Auditor's legislative rule, Title 155, Series 1, Standards for Requisitions for Payment Issued by State Officers on the Auditor. An original invoice is needed. A facsimile or electronically transmitted invoice may be accepted. The invoice should also contain identical information as shown on the purchase order or contract, such as:
a. Vendor's name and address;
b. Federal Employer's Identification Number (FEIN);
c. Purchase order number;
d. The invoice should be mailed to the proper address at the institution;
e. Item description and number;
f. Quantity, unit of measure and/or unit price, and extension of each item;
g. Invoice total;
h. Dates of order and shipment;
i. Back orders, if any;
j. Cancellations, if any;
k. Credit memo, if the credit is not part of the invoice;
l. Invoices for services rendered must include the dates of service and be prepared according to the payment terms in the contract or purchase order; and
m. Receiving report (for commodities).
[Higher Education Purchasing Procedures Manual, July 2004 ] see 5.30.2
Greg Kidder

Greg Kidder

Chief Procurement Officer

(304) 293-5192 ext. 288

(304) 293-5540

gkidder@mail.wvnet.edu

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