W. Va. Code R. § 144-3-10 - Exemptions

10.1. Commodities and Services Identified as "Not Possible to Bid."

10.1.1. The Department may purchase commodities and services determined to be not possible to bid directly from the vendor without advertisement or bid and are not required to have contracts for the purchase of those items $50,000 or less. For contracts valued greater than $50,000, contract documents are required.

10.1.2. Even though competitive bidding is not required for the Not Possible to Bid List, the Department must continue to appropriately document requirements associated with the applicable threshold of purchases of $50,000 or more unless otherwise noted with each item. For example, all vendors must applicable registration requirements to become vendors of the state.

10.2. Direct Award Procurement.

10.2.1. The Procurement Officer may approve the purchase of commodities and services directly from a vendor as a direct award procurement without competitive bidding if the Department can reasonably acquire the good or services from only one source.

10.2.2. The basis for the direct award procurement and the specific efforts made to determine the availability of other sources must be appropriately documented.

10.3. Emergency Procurement.

10.3.1. A purchase in excess of $50,000 may be made without competitive bidding if it is necessary due to an emergency hardship.

10.3.2. Any request to procure specific commodities or services pursuant to this subsection must be submitted in writing to the Secretary or his or her designee. The Secretary, or his or her designee, shall review the written request and issue written approval or disapproval.

10.3.3. Approval to procure goods or services on an emergency basis will permit the purchase of required goods or services directly from a vendor.

10.3.4. Determination of what qualifies as an emergency under this subsection shall be evaluated on a case-by-case basis. An emergency includes, but is not limited to, unforeseen events or circumstances including delays by vendors, delays in transportation, or an unanticipated volume of work, as well as procurement of specific commodities for immediate delivery related to an official declaration of emergency by the Governor or federal officials.

10.3.5. A purchase may not be made pursuant to this subsection if it's necessary for hardship resulting from neglect, poor planning, or lack of organization.

Notes

W. Va. Code R. § 144-3-10