EBAr75878_WV-65A_Signed.pdf

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Attached to
EBAr75878
Solicitation number
ASSD 0439 EBA2500000006 1
Issued by
Lewis County, West Virginia

About this file

This is a Direct Award Posting and Justification form from the West Virginia Purchasing Division for the West Virginia Educational Broadcasting agency. The document authorizes a direct award contract for clearing brush and trees around a microwave tower and guy-lines at the agency's Sugarloaf site. The service must be performed to ensure the integrity and safety of the tower infrastructure. The procurement officer is Dale Malcomb, and the request was submitted on June 24, 2025. The required delivery timeframe is immediate upon award.

The direct award is valued at $2,500.00 with no sales tax applied. The basis for the direct award is that the landowner, from whom the agency leases the property, is unwilling to permit any vendor other than David Cunningham of Weston, West Virginia to perform the clearance work. This restriction creates a sole-source situation where no competition is available, as the vendor must have the landowner's explicit permission to provide the services. The quote for the work was provided on January 15, 2025, and the procurement officer approved the request to advertise the direct award on June 25, 2025. This direct award posting is required to remain publicly noticed for a minimum of 10 business days to allow other interested vendors to express their capability and willingness to perform the work under West Virginia Code 5A-3-10c.

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WV-65A

Approved 7/1/2022

West Virginia Purchasing Division

DIRECT AWARD POSTING:

Justification and Public Notice Form

(Delegated Procurements $5,000.01 to $50,000)

Public Notice Instructions

Statutory Authority: Pursuant to West Virginia Code § 5A-3-10c, a state agency may award a contract directly to a vendor without competitive bidding if certain requirements are met. Those requirements include documenting justification to support the Direct Award, along with providing certain information to the vendor community for a period of no less than 10 business days.

Agency: The agency identified below Intends to make a Direct Award to the vendor identified below to provide the commodity or service identified below. The support for the Direct Award, and any additional documentation has been included in this form or as an attachment.

Vendor Interest: Any vendor interested and able to provide the commodity or service in question must make their interest known, prior to the deadline published in wvOASIS, by expressing such interest in writing to the procurement officer identified as the appropriate contact in wvOASIS. If interest is expressed and deemed to be valid by the procurement officer, this Direct Award will be converted to a competitive bid.

Direct Award Information

Agency / Department:

Procurement Officer:

Date of Request:

1. Provide description of commodity or service (Include a copy of any proposed contract documents):

If requesting software as a sole source, is this software as a service?

□ Yes □ No

2. Justification showing that the direct award is in the best interest of the state:

3. Basis for Direct Award: Please select one of the following and provide details and documentation sufficient to confirm the basis.

□ Competition is not available from any other source: (If this item is selected answer the question below)

A. The agency attempted to identify other sources by:

□ No other source would be willing or able to replace the existing source without a detrimental effect on the spending unit (Please describe the detrimental effect in detail):

4. Other Information Required for Direct Award Posting:

A. A time-period by which delivery must be made or performance must occur:

B. The price that will be paid for the commodity or service (include vendor quote):

C. Any limitations that a competing vendor would need to satisfy:

Agency Procurement Officer Signature Date:

For Procurement Officer Use Only

□ Request to Advertise Direct Award Denied

□ Request to Advertise Direct Award Approved

Agency Procurement Officer Date:

From:

David Cunningham 835 Sassafras Run RD Weston, WV 26452

Qty Description Unit price Line total

CLEARING BRUSH FROM SUGARLOAF TOWER SITE AND

GUIDELINES

2500.00 2500.00

Subtotal 2500.00

Sales Tax 0.00

Total 2500.00

Thank you for your business!

Quote January 15th, 2025

To:

WV Educational Broadcasting 600 Capitol Street Charleston, WV 25301

Agency Department: 0439 Educational Broadcasting
Procurement Officer: Dale Malcomb
Date of Request: 6/24/2025
Date: 6/25/2025
Date_2: 6/25/2025
Description of commodity or service: Clearing of brush and trees around the microwave tower and guy-lines at our Sugarloaf site.
Check Box1: Off
Check Box2: Off
Justification: This service must be performed to insure the integrity and safety of the tower. No other vendor is permitted to do the work.
Check Box3: Yes
Check Box4: Off
Identification of other sources: We lease the land and must have the owner's permission to have someone clear foliage on it. The owner is unwilling to have anyone other than himself do the work.
No other source to replace the existing source:
Deliver time-period: Immediately
Price to be paid for the commodity or service: $2,500.00
Limitations: Vendor must have land owner's permission to provide services.
Check Box5: Off
Check Box6: Yes

File details come from the government source that posted it. Updated .