(a) The director may utilize best value procurement to enter into a contract when he or she determines in writing that it is advantageous to the state.
(b) A solicitation for bids under best value procurement shall be made in the same manner as provided in § 5A-3-10 of this code.
(c) Best value procurement awards shall be based on criteria set forth in the solicitation and information contained in the proposals submitted in response to the solicitation. Those criteria include, but are not limited to, price and the total cost of acquiring, operating, maintaining, and supporting a commodity or service over its projected lifetime, as well as technical criteria. The technical criteria may include, but are not limited to, the evaluated technical merit of the bidder’s bid or proposal, the bidder’s past performance, the degree to which a proposal exceeds other proposals in technical merit, the utility of any novel or unrequested items in the proposal, and the evaluated probability of performing the requirements stated in the solicitation on time, with high quality, and in a manner that accomplishes the business objectives set forth in the solicitation.
(d) The award must be made to the highest scoring responsive and responsible bidder whose bid is determined, in writing, to be most advantageous to the state, taking into consideration all evaluation factors set forth in the best value solicitation.
(e) The director may not use best value procurement to enter into government construction contracts, including, but not limited to, those set forth in § 5-22-1 et seq. of this code.

8.1. Submission of Protest.
8.1.a. Protests based on bid specifications must be submitted no later than 5 working days prior to bid opening. Protest of a purchase order or contract awards must be submitted no later than 5 working days after the award. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the Director.
8.1.b. All protests must be submitted in writing to the Purchasing Division and contain the following information:
8.1.b.1. The name and address of the protestor;
8.1.b.2. The requisition, solicitation, purchase order or contract numbers;
8.1.b.3. A statement of the grounds of protest;
8.1.b.4. Supporting documentation, if necessary; and
8.1.b.5. The resolution or relief sought.
8.1.c. Failure to submit this information shall be grounds for rejection of the protest by the Director.
8.2. Protest Review.
8.2.a. The Director or his/her designee shall review the matter of protest and issue a written decision. A hearing may be conducted at the option of the Director or assigned designee. Continuation or delay of a purchase order or contract award is at the discretion of the Director.
8.2.b. The Purchasing Division may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction; if the merits have previously been decided by a court of competent jurisdiction; or if it has been decided in a previous protest by the Purchasing Division.
8.3. Reverse Auction Protests: A vendor desiring to submit a protest of specifications related to a reverse auction must submit the protest 5 working days prior to the prequalification bid submission deadline. A protest of a prequalification decision must be submitted within 5 working days of the prequalification approval or denial. A protest of award must be submitted within 5 working days of award.
8.4. Prequalification Agreements and Delegated Prequalification Biding: Any vendor desiring to protest the specifications of a prequalification agreement or the delegated prequalification bidding may do so prior to 5 working days before the prequalification opening date and 5 working days before the delegated prequalification bid opening date. Any vendor desiring to protest the award of a prequalification agreement or delegated prequalification bid may do so within 5 working days of the prequalification agreement award and within 5 working days of the delegated prequalification bid award.
8.5. All protests, regardless of dollar amount should be directed to the Purchasing Division and any protests incorrectly submitted to the spending unit must be forwarded by the spending unit to the Purchasing Division for further review. A protest incorrectly delivered to the spending unit will not be considered received until it reaches the Purchasing Division.
Responsibility for delivery of the protest to the Purchasing Division shall remain with the protesting vendor. A spending unit’s failure to deliver the protest to the Purchasing Division shall not be grounds for extending the time for receipt of protests.

(c) Bids shall be based on the written specifications in the advertised bid request and may not be altered or withdrawn after the appointed hour for the opening of the bids.

(16) “Responsible bidder” means a vendor who has the capability to fully perform the contract requirements, and the integrity and reliability which will assure good-faith performance

A. Committee Size: The agency must assign an odd number of individuals (typically three or five) to serve on the RFP evaluation committee. The individuals selected should be knowledgeable of the service to be acquired. B. Advisors: The agency may invite subject matter experts to serve as advisors to the RFP evaluation committee. The advisors may assist the evaluation committee members (referred to as evaluators) in the evaluation process but may not evaluate, score, or vote on the proposal’s final evaluation. C. Procurement Officer Role: The agency designated procurement officer must serve on the evaluation committee as a full voting member unless the agency can provide written justification detailing the reason(s) why this requirement cannot be met. The agency procurement officer must serve as the chairperson or co-chairperson for the RFP evaluation committee. In this role, the procurement officer must mediate all discussions related to the evaluation and assist with time management of the evaluation process. The agency procurement officer must also prepare the consensus of the committee and submit the RFP Recommendation for Award Memorandum (WV-113) to the Purchasing Division. D. Non-State Employees: A non-state employee may not under any circumstances serve as a voting member of the RFP evaluation
committee.

The director, under the direction and supervision of the secretary, is the executive officer of the Purchasing Division and has the power and duty to:
(1) Direct the activities and employees of the Purchasing Division;
(2) Ensure that the purchase of or contract for commodities and services are based, whenever possible, on competitive bid;
(3) Purchase or contract for, in the name of the state, the commodities, services, and printing required by the spending units of the state government;
(4) Apply and enforce standard specifications established in accordance with § 5A-3-5 of this code as hereinafter provided;
(5) Transfer to or between spending units or sell commodities that are surplus, obsolete, or unused as hereinafter provided;
(6) Have charge of central storerooms for the supply of spending units as the director considers advisable;
(7) Establish and maintain a laboratory for the testing of commodities and make use of existing facilities in state institutions for that purpose as hereinafter provided as the director considers advisable;
(8) Suspend the right and privilege of a vendor to bid on state purchases when the director has evidence that the vendor has violated any of the provisions of the purchasing law or the rules and regulations of the director;…

(a) The director may utilize best value procurement to enter into a contract when he or she determines in writing that it is advantageous to the state.
(b) A solicitation for bids under best value procurement shall be made in the same manner as provided in § 5A-3-10 of this code.
(c) Best value procurement awards shall be based on criteria set forth in the solicitation and information contained in the proposals submitted in response to the solicitation. Those criteria include, but are not limited to, price and the total cost of acquiring, operating, maintaining, and supporting a commodity or service over its projected lifetime, as well as technical criteria. The technical criteria may include, but are not limited to, the evaluated technical merit of the bidder’s bid or proposal, the bidder’s past performance, the degree to which a proposal exceeds other proposals in technical merit, the utility of any novel or unrequested items in the proposal, and the evaluated probability of performing the requirements stated in the solicitation on time, with high quality, and in a manner that accomplishes the business objectives set forth in the solicitation.
(d) The award must be made to the highest scoring responsive and responsible bidder whose bid is determined, in writing, to be most advantageous to the state, taking into consideration all evaluation factors set forth in the best value solicitation.
(e) The director may not use best value procurement to enter into government construction contracts, including, but not limited to, those set forth in § 5-22-1 et seq. of this code. W. Va. Code Ann. § 5A-3-10b (West)
(a) Subject to the limitations of this section, the director may permit spending units to procure commodities and services from a preapproved vendor through a prequalification agreement and delegated prequalification bidding if the director determines the process is fair, economical, and in the best interests of the state.
(b) Definitions. — For purposes of this section:
“Prequalification agreement” means an agreement, having a term of no more than three years, between the Purchasing Division and at least two prequalified vendors authorizing a spending unit to purchase a commodity or service on a recurrent basis through the delegated prequalification bidding process defined in the prequalification agreement.
“Prequalified vendor” means a “vendor”, as that term is defined in § 5A-1-1 of this code, that has entered into a prequalification agreement with the Purchasing Division and may participate in the delegated prequalification bidding subject to the terms and conditions of the prequalification agreement.
“Delegated prequalification bidding” means the competitive bidding process whereby the prequalified vendors that are parties to a prequalification agreement may submit sealed bids directly to spending units to provide a commodity or service identified in the prequalification agreement subject to the limitations set forth in this section.
(c) Prequalification agreement. —
(1) For each prequalification agreement, the director shall set forth the requirements, technical or otherwise, under which a vendor may be qualified to supply a commodity or service through the delegated prequalification bidding. For each prequalification agreement, the director shall follow the notice and advertising requirements set forth in § 5A-3-10 of this code.
(2) A prequalification agreement may authorize the delegated prequalification bidding for only one type of commodity or service.
(3) A vendor may submit information to the director to establish that it meets the requirements set forth in the prequalification agreement.
(4) If the director determines that a vendor meets the requirements set forth in the prequalification agreement, the vendor may enter into the prequalification agreement as a prequalified vendor.
(d) Delegated prequalification bidding procedures. —
(1) A spending unit may commence the delegated prequalification bidding process by issuing a request for a commodity or service identified in the prequalification agreement stating in the request the quantity of the commodity or if a service, the scope of work to be completed, to be procured.
(2) The prequalified vendor that submits the lowest bid in response to the request shall be awarded the procurement.
(3) The delegated prequalification bidding may not be utilized for any request for commodities or services anticipated to cost more than $1 million, unless approved in writing by the Director of Purchasing. The state may not issue a series of orders each anticipated to cost less than $1 million to circumvent the monetary limitation in this subsection. The limit expressed herein applies to each delegated prequalification bid conducted pursuant to the prequalification agreement and not to total spending under the prequalification agreement.
(e) Rule-making authority. — The Director of the Purchasing Division shall propose rules for legislative approval in accordance with the provisions of § 29A-3-1 et seq. of this code to implement this section, including, but not limited to, provisions to establish procedures for the solicitation and authorization of prequalification agreements, prequalification of vendors, and implementation of delegated prequalification bidding.

(a) Any party adversely affected by a final order or decision in a contested case is entitled to judicial review thereof under this chapter, but nothing in this chapter shall be deemed to prevent other means of review, redress, or relief provided by law.
(b) Proceedings for review of any final order or decision issued on or before June 30, 2022, shall be instituted by filing a petition, at the election of the petitioner, in either the Circuit Court of Kanawha County, West Virginia, or in the circuit court of the county in which the petitioner or any one of the petitioners resides or does business, or with the judge thereof in vacation, within 30 days after the date upon which such party received notice of the final order or decision of the agency. Notwithstanding any provision of this code to the contrary, proceedings for judicial review of any final order or decision issued after June 30, 2022, must be instituted by filing an appeal to the Intermediate Court of Appeals as provided in § 51-11-1 et seq. of this code. A copy of the petition shall be served upon the agency and all other parties of record by registered or certified mail. The petition shall state whether the appeal is taken on questions of law or questions of fact, or both. No appeal bond shall be required to affect any such appeal.
(c) The filing of the petition shall not stay enforcement of the agency order or decision or act as a supersedeas thereto, but the agency may stay such enforcement, and the appellant, at any time after the filing of his or her petition, may apply to such court for a stay of or supersedeas to such final order or decision. Pending the appeal, the court may grant a stay or supersedeas upon such terms as it deems proper.
(d) Within 15 days after receipt of a copy of the petition by the agency, or within such further time as the court may allow, the agency shall transmit to such court the original or a certified copy of the entire record of the proceeding under review, including a transcript of all testimony and all papers, motions, documents, evidence, and records as were before the agency, all agency staff memoranda submitted in connection with the case, and a statement of matters officially noted; but, by stipulation of all parties to the review proceeding, the record may be shortened. The expense of preparing such record shall be taxed as a part of the costs of the appeal. The appellant shall provide security for costs satisfactory to the court. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs involved. Upon demand by any party to the appeal, the agency shall furnish, at the cost of the party requesting same, a copy of such record. In the event the complete record is not filed with the court within the time provided for in this section, the appellant may apply to the court to have the case docketed, and the court shall order such record filed.
(e) Appeals taken on questions of law, fact, or both, shall be heard upon assignments of error filed in the cause or set out in the briefs of the appellant. Errors not argued by brief may be disregarded, but the court may consider and decide errors which are not assigned or argued. The court or judge shall fix a date and time for the hearing on the petition, but such hearing, unless by agreement of the parties, shall not be held sooner than 10 days after the filing of the petition, and notice of such date and time shall be forthwith given to the agency.
(f) The review shall be conducted by the court without a jury and shall be upon the record made before the agency, except that in cases of alleged irregularities in procedure before the agency, not shown in the record, testimony thereon may be taken before the court. The court may hear oral arguments and require written briefs.
(g) The court may affirm the order or decision of the agency or remand the case for further proceedings. It shall reverse, vacate, or modify the order or decision of the agency if the substantial rights of the petitioner or petitioners have been prejudiced because the administrative findings, inferences, conclusions, decision, or order are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority or jurisdiction of the agency;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly wrong in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(h) The judgment of the circuit court or the Intermediate Court of Appeals, whichever is applicable, shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals of this state in accordance with the provisions of § 29A-6-1 of this code.

The standard advertisement period for noncomplex procurements is 10 business days. If exceptional circumstances exist that require an advertisement period other than 10 business days, the agency must indicate that at the time the requisition is submitted to the Purchasing Division. ; The Purchasing Division must advertise the RFP in the West Virginia Purchasing Bulletin, which can be found in the Vendor Self-Service portal within wvOASIS. The Purchasing Division works with the agency to determine an appropriate amount of time for public advertisement of the solicitation, which cannot be less than 10 business days.

(a) Notwithstanding any other provision of this code, the director is hereby authorized to initiate reverse auctions to procure commodities. The director may not use reverse auctions for the procurement of services under any circumstances.
(b) Reverse auctions may be utilized if the director determines their use would be fair, economical and in the best interests of the state, and the commodities to be procured:
(1) Are subject to low price volatility;
(2) Have specifications that are common and not complex;
(3) Vary little between suppliers;
(4) Are sourced primarily based on price, with limited ancillary considerations;
(5) Require little collaboration from suppliers; and
(6) Are sold by a large, competitive supply base.
(c) For purposes of this section, “reverse auction” means a process by which bidders compete to provide commodities in an open and interactive market, including but not limited to the Internet. Reverse auction bids are opened and made public upon receipt by the director, and then bidders are given the opportunity to submit revised bids until the bidding process is complete. The contract is awarded to the lowest responsible bidder.
(d) The director may contract with qualified, industry-recognized third-party vendors to conduct reverse auctions on behalf of the director.
(e) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the procedures for conducting reverse auctions. The rules shall include procedures for contracting with qualified, industry-recognized third-party vendors.