HB2616 H GO AM 2-19
Thompson 3192
The Committee on Government Organization moves to amend the
bill on page 2, line 2, after the word "authorized" by striking out
the period and inserting in lieu thereof a comma and the words
"with the following amendments:
On page 13, subdivision 7.10.1, after the first sentence, by
striking out the remainder of subdivision 7.10.1 and inserting in
lieu thereof the following:
'In arriving at a determination, the Director will consider
the following factors, insofar as they are applicable:
(1) The quality, availability, and reliability of the
supplies, materials, equipment, or service and their adaptability
to the particular use required;
(2) The ability, capacity, and skill of the bidder;
(3) The sufficiency of the bidder's financial resources;
(4) The bidder's ability to provide maintenance, repair parts,
and service;
(5) The compatibility with existing equipment;
(6) The need for flexibility in evaluating new products on a
large scale before becoming contractually committed for all use;
and
(7) Any other relevant factors.';
On page 14, subdivision 7.13.1, at the beginning of the first sentence, by striking out the word 'The' and inserting in lieu
thereof the words 'For contracts for commodities and services in
the amount of $1 million or less, the';
On page 14, after subdivision 7.13.1, by inserting a new
subdivision, designated subdivision 7.13.2, to read as follows:
'7.13.2. For contracts for commodities and services in an
amount exceeding $1 million, the following contract management
procedures apply:
a. Post Award Conferences.
The agency administrator responsible for administering the
contract shall hold a post award conference with the contractor to
ensure a clear and mutual understanding of all contract terms and
conditions, and the respective responsibilities of all parties.
The agenda for the conference shall include, at a minimum, the
introduction of all participants and identification of agency and
contractor key personnel, and discussion of the following items:
(1) The scope of the contract, including specifications of
what the agency is buying;
(2) The contract terms and conditions, particularly any
special contract provisions;
(3) The technical and reporting requirements of the contract;
(4) The contract administration procedures, including contract
monitoring and progress measurement;
(5) The rights and obligations of both parties and the contractor performance evaluation procedures;
(6) An explanation that the contractor will be evaluated on
its performance both during and at the conclusion of the contract
and that such information may be considered in the selection of
future contracts;
(7) Potential contract problem areas and possible solutions;
(8) Invoicing requirements and payment procedures, with
particular attention to whether payment will be made according to
milestones achieved by the contractor;
(9) An explanation of the limits of authority of the personnel
of both the agency and the contractor.
b. Monitoring.
The agency shall develop a comprehensive and objective
monitoring checklist which:
(1) Measures outcomes;
(2) Monitors compliance with contract requirements; and
(3) Assesses contractor performance.
c. Reports.
The agency shall make the following reports to the Director,
on a schedule established by the Director, but not less frequently
than once each year:
(1) Status Reports. Status reports describe the progress of
the work; track the organizational structure of the statement of
work in terms of phases, segments, deliverables and products; and describe what work is complete and what work is pending and
contrast that status against the contract schedule. If there are
any unresolved issues that the agency is contractually obligated to
resolve, those issues should be included in the status report and
a resolution should be requested.
(2) Activity Reports. Activity reports describe all activity
on the project, regardless of whether substantial progress has been
made toward completion of the project. If payment is based on the
number of completed transactions, these activities must be
specifically set out in the report.';
On page 14, after subsection 7.13, by inserting 4 new
subsections, designated subsections 7.14, 7.15, 7.16 and 7.17, to
read as follows:
'7.14. Inspection.
17.14.1. The agency shall inspect all materials, supplies,
and equipment upon delivery to insure compliance with the contract
requirements and specifications.
17.14.2. The agency shall report any discrepancies to the
Director immediately.
17.14.3. If unlisted shortages are discovered, the vendor and
the Director must be notified immediately.
17.14.4. A contractor may be required to pick up any
merchandise not conforming to specifications and replace the
merchandise immediately.
7.15. Substitutions.
Substitution of items called for in a contract is not
permitted without the Director's prior approval. The Director will
not approve substitution of items unless the substituted items are
of equal quality and are offered at the same or lower price.
7.16. Cancellations.
7.16.1. The director may cancel a purchase or contract under
any one of the following conditions including, but not limited to:
(a) The vendor agrees to the cancellation;
(b) The vendor has obtained the contract by fraud, collusion,
conspiracy, or in conflict with any statutory or constitutional
provision of the state of West Virginia;
(c) Failure to conform to contract requirements or standard
commercial practices;
(d) The existence of an organizational conflict of interest is
identified; or
(e) Funds are not appropriated or an appropriation is
discontinued by the legislature for the acquisition.
17.16.2. Notwithstanding other provisions of this
subdivision, the Director may cancel a purchase or contract for any
reason or for no reason, upon 30 days' notice to the vendor.
7.17. Damages.
7.17.1. A vendor who fails to perform as required under a
contract shall be liable for actual damages and costs incurred by the state.
17.17.2. If any merchandise delivered under a contract has
been used or consumed by an agency and on testing is found not to
comply with specifications, no payment may be approved by the
Director for the merchandise until the amount of actual damages
incurred has been determined.
17.17.3. The Director shall seek to collect damages by
following the procedures established by the Office of the Attorney
General for the collection of delinquent obligations.'; and
On page 17, section §148-1-11, after subsection 11.1, by
striking out subsections 11.2, 11.3, 11.4 and 11.5 in their
entireties and inserting in lieu thereof 2 new subsections to read
as follows:
'11.2. The state spending unit for surplus property may
contract with one or more nationally recognized commercial Internet
auction sites to coordinate sales of surplus property, pursuant to
the provisions of §5A-3-45 of the West Virginia Code and this rule.
11.3. To ensure that organizations eligible under Federal
Property Management Regulations (41 CFR Chapter 101) have priority
in obtaining surplus property, all surplus property will be listed
on the West Virginia State Agency for Surplus Property website for
at least five (5) working days prior to being made available on an
Internet auction site.'"