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4.1 General: The effective purchase of needed commodities and services begins with proper planning. The first step is to determine the commodity or service that is needed, the quantity, the quality level, delivery location and time frame.
When preparing for a purchase prior to the actual bidding process, the following steps should be taken:
Define need
Consider acquisition and delivery lead time
Create specifications for the commodity
Research the market
Explore internal sources, considerations and approvals
Check mandatory resources
Prepare the requisition and maximum budgeted amount
Identify possible vendors
4.2 Define Need: Determining the exact requirements for a commodity to perform a specific function is one of the most important tasks in the procurement process. The agency must take into consideration the problem to be resolved and what alternatives or options are available to satisfy the need. See Appendix M Eleven Steps of the Purchasing Process.
4.3 Acquisition and Delivery Lead Time
4.3.1 Administrative Lead Time: Administrative lead time is required for all purchases. The average time required to prepare, solicit, evaluate and make an award varies depending upon the dollar value, responsiveness of vendors offering the commodity and the complexity of the requisition.
Agencies should always consider the expiration of funds when planning administrative lead time.
184.108.40.206 Backdating Documents: All agreements, many change orders and other documents require an effective date, at which time the vendor may begin to supply the commodities or services as specified. The West Virginia Code §5A-3-1 et seq, requires the Purchasing Division to authorize purchases on behalf of state agencies, and the Attorney General's office to approve those purchases as to form before the contract is legal and binding. Verbal approval by agency personnel is prohibited for a vendor to proceed without a properly executed purchase order and is considered an illegal act. The West Virginia Code §5A-3-17, §5A-3-29, and §5A-3-31, establishes personal responsibility and penalties for noncompliance. Backdating transactions resulting from sole source determination or any other documents may not be honored.
The Purchasing Division may not accept any agreements, change orders or other documents which set an effective date that precedes the date of arrival in the Purchasing Division by more than 20 calendar days. All documents beyond 20 days may be returned unapproved. Any exceptions must be approved by the Purchasing Director.
4.3.2 Delivery Lead Time: Order or ship time is the time after award that is required by suppliers to fill an order and deliver by designated means (truck, rail or air) to the delivery point. These times vary widely by industry or commodity. Consideration must be given to market conditions which will affect delivery. Custom-made and complex items of equipment normally take longer to obtain than in-stock items.
4.4 Specifications: Specifications can either enhance or inhibit competition. In accordance with West Virginia Code §5A-3-11, competition must be sought, whenever possible. This can be accomplished by describing products and services in a manner which meets the agency's needs and encourages competition. Specifications used in the procurement process shall be retained with the purchasing file for each purchase order. Written specifications are required for purchases between $5,000 and $25,000 at the agency level to ensure vendors are being provided a fair opportunity to quote comparable products.
A specification is a concise statement explaining the type of product or service, the quality level, special requirements in design, performance, delivery and usage. Specifications must not be restrictive (locking in a specific vendor and limiting competition) or be vague (allowing a vendor to provide a lower than acceptable quality level product or service).
A good specification should contain language that is the following:
Clearly understandable to both the buyer and the seller
Identifiable wherever possible with some brand or specification already on the market
No reference may be made in a solicitation to external published specifications without the express, written approval of the Purchasing Director. When external published specifications are referenced in a Request for Quotation or Request for Proposal, a hard copy of those specifications must be included with the solicitation.
4.4.1 Types of Specifications: There are three (3) types of specifications used separately and/or in combination to communicate requirements for goods and services to the vendor:
22.214.171.124 A "Brand Name(s) or Equal" Specification is based upon one (1) or more manufacturer's commodity description(s), model number(s) and quality level. The manufacturer's commodity numbers must be easily identified in a current publication that is available to most vendors. Commodity descriptions must be sufficiently detailed, and specify only the required features needed for the application. Unless a feature or requirement is specifically listed on the requisition, it shall not be used to disqualify a vendor.
22.214.171.124 A Performance Specification is based upon the specific performance needs of the purchaser. The performance specification is less structured as to how the product is made, and more structured as to how well it performs. Total ownership cost for operating and maintaining the product may be an element of the specification.
188.8.131.52 A Design Specification concentrates on the dimensional and other physical requirements of an item being purchased. The design specification is used when the commodity has to be specially made to meet the purchaser's unique needs.
Combinations of the above may be used to communicate clear specifications to vendors. A performance specification may refer to a nationally accepted testing procedure for a commodity; a design specification may indicate the physical size and dimension of the commodity; and a brand name or equal specification may be used to indicate a desired quality level.
4.4.2 West Virginia Standard Specifications: According to West Virginia Code §5A-3-5, the Purchasing Director shall promulgate and adopt standard specifications based on scientific and technical data for appropriate commodities, which shall establish the quality to which such commodities to be purchased and services to be contracted for by the state must conform. These standard specifications, which are prepared and adopted by the Purchasing Division for various products and services, are written with the input of state agencies and vendors for products and services that are used by many state agencies. By using standard specifications, the state is assured of an acceptable quality that meets the state's needs. These standard specifications shall include information relating to the cost of maintenance and expected life of the commodities, services or printing when the Director determines there are nationally accepted standards for commodities, services or printing.
4.4.3 Assistance in Preparing Specifications, Purchase Descriptions: Most state agencies have a procurement officer who is responsible and knowledgeable in state purchasing guidelines as well as their own agency procedures. It is important to note that questions from agency personnel relating to purchasing issues should be directed first to the respective agency procurement officer rather than directly to the Purchasing Division. If the agency procurement officer needs assistance, they are encouraged to contact the appropriate state buyer in the Acquisition and Contract Administration Section of the Purchasing Division for assistance in preparing specifications. (See Appendix C).
4.4.4 Format: When preparing a Requisition, a specification format should be used. If the agency currently has a contract for the needed commodity or service, submit the existing contract number and expiration date with the Requisition when submitting to the assigned buyer in the Purchasing Division. If this is a new contract, also indicate this information to the Purchasing Division buyer. This information will assist the buyer in developing timelines for bidding and acquiring a new contract prior to the expiration of the existing contract.
The Requisition must include the following:
Total Estimated Value of this Requisition: This is the amount that the agency expects to pay for this product or service. This amount is based upon past contracts for these products and/or services and market research.
Maximum Budgeted Amount: This is the maximum available funding determined by the agency at the time of submitting a Request for Quotations or Proposals to the Purchasing Division. This amount is required on all Purchase Requisitions. For purposes of determining the agency's ability to negotiate, under West Virginia Code §5A-3-11a, this amount cannot be changed after bid opening.
The total quantity requisitioned and the unit of measure, such as cases, each, pounds, etc., must be shown in the appropriate column.
Type of Purchase
The type of purchase should be identified in the Requisition. For additional information on types of purchases, see Section 4.7.1.
When using a brand name specification, the words OR EQUAL must be inserted to inform vendors that alternate bids will be considered. The general name of the items, e.g., air blowers, automobiles, etc., should be listed first; the manufacturer and model number of the item should follow immediately. Literature should be requested to accompany any alternate bid which can verify that the alternate bid complies with the specifications. The description shall contain the essential requirements that clarify the quality level or indicate the features that are important to the function of the item/service being purchased.
Make sure the Purchase Requisition and any attachments are in compliance with the following:
Appropriate for photocopying
Neatly typed
Free of typographical errors
Approved by an authorized agency representative
The information entered on the requisition is a reflection on the agency and the State of West Virginia. Please insist on high quality work. Improperly completed requisitions or inferior quality will be returned to the agency for correction.
220.127.116.11 Specification Templates: Several sets of templates related to Request for Quotation purchases are available for use by state agencies to streamline processing transactions. The templates relate to such specification types as Catalog Discount Request for Quotation Standard Format, One-Time Purchase Request for Quotation Standard Format, and Open-End Request for Quotation Standard Format. These templates are available on the Purchasing Division�s intranet site at:
4.4.5 Design Services/Consultant: Any individual, corporation, or firm (except as provided by a statewide contract) paid to custom design or write specifications for a modular office system, computer system, construction or any other project or contract shall not be permitted to competitively bid to provide the product or service that was designed. This removes the possibility of the designer developing specifications that only the designer can meet or restrict another vendor from meeting. This also prevents the appearance of any impropriety, thereby protecting the integrity of the competitive bid process.
4.4.6 Product Testing: Any testing of specific brands of products, which may lead to future purchases restricting competition, must have pre-approval, in writing, by the Purchasing Division.
Agencies should submit a description of the proposed testing with complete details including, but not limited to: the specific brand and names of vendors involved in the test; the brands and vendors that may be excluded in the future; the length and cost of the test; the cost of potential future purchases after the test, etc.
Agencies may call vendors for information or copies of specifications for consideration of a particular brand or manufacturer without jeopardizing the vendor's ability to compete in the bid process as long as the vendor does not receive compensation or any form of favoritism.
4.5 Research the Market: When preparing specifications, it may be necessary to research the market to gain a better understanding of equipment, its technology, compatibility and availability.
4.5.1 Request for Information (RFI): The Purchasing Division recognizes only one (1) formal method for requesting written information from vendors for the purpose of developing a Request for Quotation (RFQ) or a Request for Proposal (RFP). That method is a Request for Information (RFI).
An RFI shall be used at the discretion of the agency or the Purchasing Division; it is not a mandatory prerequisite to the issuance of an RFQ or an RFP. An RFI should be used when appropriate expertise or information is lacking to develop adequate specifications for an RFQ or RFP. This process allows for the assistance of multiple vendors who have expertise and can provide information in the area of concern.
RFI's can be processed at the agency delegated level ($25,000 or less) or by the Purchasing Division for high dollar procurements. RFI's for commodities and services over $25,000 must be advertised by the Purchasing Division. An RFI shall not be used to make an award of a purchase order or contract.
4.5.2 Trade-In: The trade-in process consists of two steps. First, any agency desiring to utilize the trade-in process should ensure that bids for a new item include prices with the trade-in and without the trade-in. Second, the agency should submit the bids and any other required documentation to the West Virginia State Agency for Surplus Property (WVSASP) to seek approval for the trade-in prior to awarding the contract for the new item.
If the trade-in is approved, the agency shall forward a signed copy of the cover sheet with a status of �AAP� to the Purchasing Division buyer (or to the agency buyer if an agency delegated purchase of new items), who will then award a purchase order and ensure that the appropriate credit for the trade-in is received. The agency must then submit documentation verifying receipt of the credit to WVSASP and WVSASP will verify the application of the credit and complete the retirement. If the original cost of the items to be traded in is less than $1,000 and is not listed in the Fixed Asset System, the asset must be added to the Fixed Asset System for trade-in purposes.
Only one-for-one trade-ins will be considered and items may be traded only for the same type of item. Trade-ins will not be authorized for items purchased from statewide contracts or sole source vendors, unless it is in the best interest of the state and approved by WVSASP.
It is important to note that the value of the new items without consideration of the trade-in allowance is the value to be used for determining the purchase process and also the value to be reflected on the agency�s fixed assets. A trade-in allowance does not allow a state agency to alter or circumvent the purchasing process.
For additional information on trading in equipment, please see the Surplus Property Operations Manual in Appendix G.
4.6 Define Sources: In the planning process, it is mandatory that agencies review all internal sources and mandatory resources as detailed below.
4.6.1 Internal Sources, Considerations and Approvals
188.8.131.52 Surplus Property: The West Virginia State Agency for Surplus Property operates a state and federal surplus property program.
The State Property Program consists of property no longer needed within state government agencies which is made available to eligible public and nonprofit organizations. The property may also be made available to the general public through competitive public auctions and sealed bids.
In addition to the state Property Program, a federal Property Program is administered. The program serves all eligible organizations and acts as a clearinghouse by offering new and used equipment at reduced costs for acquisition.
In addition to the availability of surplus property, another function of this program is to approve the disposal of property no longer needed by the agencies, including trade-ins against the purchase of new property.
Agencies do not have authority to dispose of any property regardless of value without written approval from the West Virginia State Agency for Surplus Property. All methods of property disposal must be coordinated through Surplus Property.
State agencies are encouraged to refer to the Surplus Property Operations Manual (see Appendix G) or visit its website at WVSurplus.gov.
Any questions concerning the disposal or sale of state surplus property should be directed to the West Virginia State Agency for Surplus Property at the address below:
West Virginia State Agency for Surplus Property
2700 Charles Avenue
Dunbar, West Virginia 25064
(304) 766-2626
220.127.116.11 Commodities and Services Provided by Correctional Industries: In accordance with West Virginia Code §25-7-5, all offices, departments, institutions and agencies of the state which are supported in whole or in part by this state shall purchase, and all political subdivisions of this state may purchase, all articles or products which they require from the commissioner, if those articles or products are produced or manufactured by correctional industries, as provided by article 7 of Chapter 25 of the West Virginia Code. No state office, department, institution or agency may purchase an article or product which correctional industries produces from any other source, unless specifically excepted from the provisions of §25-7-5 pursuant to §25-7-6.
These commodities and services must meet certain quality and price standards which are comparable to open-market sources. Use of Correctional Industries does not require bidding.
In accordance with West Virginia Code §25-7-6, exceptions from the mandatory purchase provisions of §25-7-5 may be granted when a correctional industries article or product does not meet the reasonable requirements of the requesting state office, department, institution or agency, or when the requisition cannot be fulfilled because of insufficient supply or other reason. No state office, department, institution or agency may evade the requirements of §25-7-5, or of §25-7-6, by making insubstantial variations from the characteristics of correctional industries products or articles.
Correctional Industries offers a wide variety of products and services to state agencies. In addition to being the preferred contractor for wooden furniture, it also provides other types of furniture, Braille, welding, engraved signs, mattresses, custom signs, tags, janitorial supplies, linens, seating, detergents, inmate clothing, upholstery and decals. Correctional Industries is the sole source supplier for all printing and quick copy services.
For specific information on available commodities and services, contact Correctional Industries at (304) 558-6054 or visit http://www.wvcorrectionalindustries.com/.
184.108.40.206 Commodities and Services Provided by Sheltered Workshops: All state agencies are required by West Virginia Code §5A-3-10, to purchase commodities and services from sheltered workshops whenever such commodities and services are available and meet certain quality and price standards which are comparable to open-market sources. Use of sheltered workshops does not require bidding for commodities and services included in the WVARF statewide contract. Commodities and services not included in the WVARF statewide contract require competitive bidding.
If the West Virginia Association of Rehabilitation Facilities is unable to provide the requested commodities and services, a written notice will be provided by WVARF advising the agency that their request is unable to be met at that time and competition may be sought in accordance with the state purchasing procedures. For specific information on the sheltered workshops or the available commodities and services, contact WVARF at (304) 766-4894, or visit www.state.wv.us/admin/purchase/swc.
184.108.40.206 Technology: The West Virginia Code §5A-6 requires that the Chief Technology Office (CTO), in conjunction with the Information Services & Communications Division (IS&C) of the Department of Administration, review and approve all data processing procurements for state agencies.
All infrastructure purchases, regardless of dollar value, require CTO approval prior to submission of a request to use any type of solicitation. Since the CTO may require changes by the agency, the Purchasing Division�s review of documentation without CTO approval may not be practical. All state entities, with the exception of Constitutional Officers, Higher Education and K-12, shall request approval for, at a minimum, but not limited to, the purchase of servers, storage device, routers, hubs, switches, firewalls, video conferencing and telephone equipment, including PBX system. The applicable infrastructure purchases also include infrastructure software of all types, whether it is e-mail applications, anti-virus software or any other interoperability application.
Different than infrastructure purchases in the previous paragraph, state agencies may procure computer application software and other non-infrastructure software, as well as IT consulting services with an estimated value of less than $10,000 without CTO approval, but must provide copies of agency purchase orders to the CTO. All purchases of computer hardware, software and consulting services in excess of $10,000 must have prior approval of the CTO before it can be processed. Such proposed purchases must be submitted to the Office of Technology for review and evaluation, and the results will be forwarded to the CTO for final approval.
The agency must obtain approval from the CTO prior to submitting purchasing transactions to the Purchasing Division.
18.104.22.168 Other Considerations: Depending upon the commodity, there are certain requirements to consider when preparing specifications.
On any contract for the construction of a public improvement, the vendor and any subcontractors utilized by the vendor shall pay a rate or rates of wages which shall not be less than the fair minimum rate or rates of wages (prevailing wage), as established by the West Virginia Division of Labor under the West Virginia Code �21-5A-1 et seq. and available at http://www.sos.wv.gov/administrative-law/wagerates/Pages/default.aspx. The vendor shall be responsible for ensuring compliance with prevailing wage requirements and determining when prevailing wage requirements are applicable. The required contract provisions contained in the West Virginia Code of State Rules �42-7-3 are specifically incorporated by reference.
Other considerations should include the contractor's license, certificate of insurance, and Workers' Compensation, unemployment compensation and bonds. (See Sections 6.2.3 and 7.2.19 for additional information.)
Recycled Products: In accordance with West Virginia Code §22-15A-21, all agencies and instrumentalities are encouraged, to the maximum extent possible, to purchase recycled products.
Recycled paper products shall be given a price preference of ten percent, provided, however, that priority shall be given to paper products with the highest post-consumer content. Agencies should remove any language in the specifications that discriminate against recycled products. The use of disposable and single-use products should be eliminated, to the maximum extent possible. Compost in all land maintenance and landscaping activities are to be used by state agencies and the use of composted or deep stacked poultry litter products, certified by the Commissioner of Agriculture as being free from organisms that are not found in poultry litter produced in this state, have priority unless determined the be economically unfeasible by the agency.
Required Attachments: A Purchasing Affidavit is a required attachment on written Request for Quotations (RFQ) for all purchases exceeding $5,000. In addition, the Vendor Preference Certificate is attached to all RFQ's with the exception of construction projects (See Appendix B).
4.6.2 Mandatory Contracts
126.96.36.199 Statewide Contracts: West Virginia Code §5A-3-5, authorizes the Purchasing Director to promulgate and adopt standard specifications based on scientific and technical data for appropriate commodities and services, which establishes the quality to which such commodities and services to be purchased and services to be contracted for by the state must conform. These standard specifications are used to establish statewide contracts for commodities that are needed on a repetitive basis and are established for the benefit of state spending units. (See Appendix E).
No agency may be exempt from using statewide contracts without prior written approval from the Purchasing Director. When such prior written approval is obtained, it must be retained with the purchase order file for each transaction to which the approval applies.
The commodities and services available on statewide contracts are to be used for official purposes only and are not available for employees of a spending unit for their personal use.
Use of the State Purchasing Card shall not to be used as a payment method to circumvent purchases from established contracts.
220.127.116.11 Agency Open-End Contracts (Over $25,000): Upon request by the state agency, the Purchasing Division establishes agency open-end contracts through competitive bid for commodities and services needed on a repetitive basis. Once established, the agency is required to use this contract.
Piggybacking on agency open-end contracts may be permitted upon written approval of the Purchasing Director.
18.104.22.168 Agency Delegated Contracts ($25,000 or Less): The agency is required to use its established contracts through the life of the contract. Piggybacking on agency delegated open-end contracts is discouraged as it may exceed $25,000.
4.6.3 Piggybacking Contracts: West Virginia Code §5A-3-19 states:
"the Purchasing Director may, upon the recommendation of a state spending unit, participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for the purchase of commodities or services with agencies of the federal government, agencies of other states, other public bodies or other state agencies, if available and financially advantageous. At the discretion of the director, bids may be solicited to determine whether participation in such a cooperative purchasing agreement or consortium is financially advantageous. The Department of Administration may approve administrative fees, not to exceed the amount of fifty thousand dollars ($50,000), necessary to participate in a cooperative purchasing agreement. Fees which exceed fifty thousand dollars are subject to the competitive bid requirements of this article."
The Code of State Rules 148 CSR 1 7.9 address these types of contracts as follows:
7.9. Purchases from contracts issued by other public agencies and entities
7.9.1. The Director may approve a request by a spending unit to make a purchase from contracts issued by agencies of the federal government, agencies of other states, other public bodies or other state agencies. The Director may require the use of a contract issued by another public organization or a spending unit to make a purchase from contracts issued by other public agencies and entities.
The Director may participate in cooperative purchases with other public agencies and entities. In all cases, these contracts or cooperative arrangements shall be from valid properly awarded contracts and considered by the Director to be available and financially advantageous and comparable to what can be obtained by competitive bid. The Director shall require spending units to prove that their requests to use such contracts:
(a) Do not conflict with existing State of West Virginia contracts unless the prices on the contracts issued by other public agencies and entities is substantially lower than the state contract based on an equal comparison. No price comparison may be based on differing specifications as determined by the Director;
(b) Will not cause a West Virginia vendor that offers like products and services to lose substantial business, unless the Director determines based on submitted documentation from the spending unit that the difference in price is so great that the State�s best interest is served by using the contracts issued by other public agencies and entities; and
(c) Does not cause extensive hardship to any spending unit offered preference under the West Virginia Code.
7.9.2. All requests to use such contracts shall be submitted in advance to the Director with necessary evidence and documentation. The Director shall approve only those requests submitted with evidence that justifies use of such contracts. Any request that is not supportable shall be returned to the spending unit.
For more information on how to utilize these types of contracts, please visit Section 8.8 under Special Acquisitions.
4.7 Preparation of the Requisition
4.7.1 Types of Transactions: Identified below are six (6) types of purchases: one-time or single purchases; open-end contracts; professional service contracts; emergency purchases; lease and lease-purchases; and direct purchases.
184.108.40.206 One-Time/Single Purchase: This method is used to purchase commodities or services that are not considered repetitive. State agencies must submit a Requisition (WV-35) to the Purchasing Division.
22.214.171.124 Open-End Contracts: The Purchasing Division issues both statewide contracts and agency open-end contracts. The Purchasing Division, at its discretion or upon request of any state agency, may establish a contract for specific commodities and services required. These open-end contracts are convenient for recurrent purchases. For agency open-end contracts, the state agency determines its specific needs and submits a Requisition to the Purchasing Division for competitive bid.
After the contract is established, a release may be required to order commodities or services.
126.96.36.199.1 Releases: All release orders must reference the complete open-end contract number.
Not Requiring Purchasing Division Approval: Most releases do not require advance approval from the Purchasing Division. All releases anticipated to cost $250,000 or less may be released directly by the agency according to the contract ordering instructions in the existing contracts.
Releases anticipated to cost in excess of $250,000 require advance approval from the Purchasing Division and shall follow the procedures below. No agency shall issue a series of releases anticipated to cost $250,000 or less to circumvent this requirement.
Releases to a Single Vendor Contract
Should an agency anticipate issuing a release on an existing open-end contract that may exceed $250,000, the agency procurement officer must send a memorandum to the Purchasing Division for approval. The memorandum must include a synopsis of the purchase, the item(s), the participating vendor, the bidding information, any award justification (as appropriate), and the amount.
Only after written approval from the Purchasing Division may the agency process the release to the vendor.
Requiring Purchasing Division Approval: Some contract releases, in any amount, require the advanced approval of the Purchasing Division. When this is a requirement in the contract, it will be stated in the ordering procedures contained in the open-end contract. A Requisition is used for this type of release order.
Agencies should always refer to the ordering procedures on all statewide contracts for proper instructions.
22.214.171.124 Professional Service Contracts: These contracts are used to obtain specific professional expertise which is not available within state government. Examples of professional services may be legal, architectural, medical, dental, engineering and other consultant services.
All needs for professional services estimated to cost in excess of $25,000 must be bid through the Purchasing Division, unless specifically exempt. (See Section 9)
126.96.36.199 Emergency Purchases: In accordance with West Virginia Code §5A-3-15, purchases may be necessary when unforeseen causes arise; however, emergency purchases are not used for hardship resulting from neglect, poor planning, or lack of organization by the spending unit.
An emergency purchase is a purchase which can be made only if and after the Purchasing Director, exercising sound judgment and discretion, concludes in good faith and upon reasonable and sufficient grounds that some unforeseen or unexpected circumstance has suddenly created a situation requiring that commodities or services be immediately purchased by a state spending unit and the Purchasing Director in writing authorizes such a purchase. A report of any such purchase, together with a record of competitive bids upon which it was based, is to be submitted to the Purchasing Director.
Agencies must first examine mandatory contracts and other internal sources for availability of the product or service and utilize such. For information on mandatory contracts and internal sources, see Section 4: Acquisition Planning, 4.6 Define Sources.
� Declared State of Emergencies by Governor: In accordance with �15-5-6(g) of the West Virginia Code, the governor has the authority to suspend certain laws, rules and/or regulations regarding the acquisition of commodities and services by public organizations in the event the governor declares an emergency. When emergency needs relate directly to the declared state of emergency, these procedures are available and outlined on the Purchasing Division�s website at:
� Emergency Purchases $25,000 or Less: A minimum of three (3) bids, if possible, should be obtained. Original written bids and written agency justification shall be attached to the agency file. Agency Master Terms and conditions should also be included in requests for bids in emergency situations to the extent that the emergency permits. Purchasing Division approval is not required for emergencies $25,000 or less at the agency delegated level.
� Emergency Purchases over $25,000: When an emergency situation occurs during normal business hours, written approval of the Purchasing Director or his/her designee must be obtained prior to making a purchase or execution of any work. A written explanation from the primary state agency designated procurement officer must be provided immediately. If an emergency occurs after business hours, on a holiday or weekend, the primary state agency designated procurement officer may proceed with the emergency purchase and provide immediate written justification of the action to the Purchasing Director on the first working day following the emergency.
A minimum of three (3) bids, if possible, shall be obtained. The awarded vendor must be properly registered with the Purchasing Division. Original written bids shall be attached to the Requisition, and submitted to the Purchasing Division with a letter of justification or a copy of the Director's or designee's written approval along with the Requisition. Depending upon the amount of the emergency purchase, Agency Master or Purchasing Master Terms and conditions and other relevant documentation, should also be included in requests for bids in emergency situations to the extent that the emergency permits. Emergency contracts are subject to the same terms and conditions as traditional contracts so it is important to notify vendors of the requirements contained in the terms and conditions as early in the process as possible. The Purchasing Division recognizes that certain emergency situations do not allow time for written bid requests. In those situations is it understandable that terms and conditions will not be addressed until after the emergency situation has been resolved. To access the Purchasing Master Terms and Conditions and Agency Master Terms and Conditions, please visit the Purchasing Division�s website at:
126.96.36.199 Equipment Leases and Lease Purchases: Lease and lease purchase of equipment are methods by which a state agency may obtain equipment and make payments for the use of the equipment over a period of time.
Leases and lease purchases are subject to annual funding authority of the Legislature. The state agency must provide the required funding over the life of the agreement. A reduction in funds or an administrative freeze shall not be sufficient justification to cancel a lease or lease purchase agreement. No lease or lease purchase can be canceled without approval of the Purchasing Division.
Total lease payments should not exceed the original purchase price of the equipment.
State agencies may be authorized by the Purchasing Division to purchase equipment currently under lease if the Purchasing Division competitively bids the lease originally. Each request will be evaluated on its own merits by the Purchasing Division. Approval is required by the Purchasing Division.
The minimum purchase cost to consider a lease-purchase as an option is $100,000. Borrowing money is discouraged; however, if it is critical to the operation of the agency, a letter of justification must be prepared, signed by the agency head, and submitted to the Purchasing Division. A contract for financing is available to all agencies through the Finance Division of the Department of Administration.
188.8.131.52.1 Lease Purchase Agreements: The Finance Division of the Department of Administration administers the Master Lease Purchase Financing Agreement for the state of West Virginia. The minimum purchase cost to consider a lease-purchase as an option is $100,000.00. When borrowing money, a letter of justification must be prepared, signed by the agency head, and submitted to the Purchasing Division.
If the agency is approved to utilize a Lease Purchase against the Master Lease Purchase Financing Agreement, the agency will solicit bids for the equipment to be financed through normal procurement methods. The agency must provide a copy of the approved letter of justification with its Requisition and note that the resulting purchase will be financed under the Master Lease Purchase Financing Agreement. This requisition must also be routed through the Finance Division. Please note that no financial document will be generated for the purchase order.
After the contract is prepared and approved as to form, by the Attorney General's Office, the contract is held in the Purchasing Division while the release order is generated and approved. A copy of the unencumbered contract will be submitted to the Finance Division in order to execute the Appendix to the Master Lease. The agency will work directly with the Finance Division to facilitate the execution of the Lease Appendix. As time schedules are very sensitive in the execution of the Lease Appendix, the agency and the Finance Division should inform the Purchasing Division Buyer of any deadlines with issuing the documents.
126.96.36.199 Sole Source Procurement: In a sole source situation, competition is not available. The commodity or service is only available from one (1) source.
Regardless of the dollar amount, written justification is required with the following criteria to be used by the Purchasing Division to determine validity of the request:
(a) The item cannot be obtained through ordinary purchasing procedures;
(b) The item is unique and not available from any other source; or
(c) The item is available from a State spending unit or other institution with preference under the West Virginia Code, provided the price, availability, and quality are comparable to those in the open market.
Agencies are encouraged to solicit competition rather than process a sole source request. The Purchasing Director has authority to reject sole source requests whenever competition is believed to be available.
184.108.40.206.1 Sole Source Procurements $25,000 or Less: If an item is unique and possesses specific characteristics that are available from only one source, an Agency Purchase Order must be completed.
A written, signed quotation from the sole source vendor and written justification from the primary state agency designated procurement officer for purchases over $2,500 must be obtained. Signed fax or electronic quotations are acceptable. A specific description, Agency Master Terms and Conditions, FOB point of shipment and price must be included in the signed quotation. (A quotation may also be accepted on the vendor's letterhead).
The spending unit must maintain written documentation at their location certifying that no other sources are available and that the spending unit exhausted all attempts to secure competition.
126.96.36.199.2 Sole Source Procurements More than $25,000: Whenever an item is unique and possesses specific characteristics that the agency views as being available from only one source, the primary state agency designated procurement officer is to submit to the Purchasing Division a formal request in writing, in accordance with West Virginia Code �5A-3-10c.
This written request, Sole Source Request for Consideration (WV-65), must be completed in its entirety (with attachments if necessary) and include the basis for the sole source procurement and the specific efforts made to determine the availability of other sources.
The Purchasing Affidavit, Non-Conflict of Interest Certification, the vendor's quote, an electronic copy of the language for the sole source determination advertisement (See Appendix N), and the Purchasing Master Terms and Conditions should be submitted after the Sole Source Request for Consideration (WV-65) has been approved by the Purchasing Director and returned to the agency. The agency shall not negotiate any of the terms and conditions with the vendor until the Purchasing Division has reviewed and approved the potential purchase for advertisement.
The Purchasing Division will advertise the potential sole source purchase with the respective terms and conditions in the West Virginia Purchasing Bulletin to ensure no other vendor may provide this commodity or service.
According to the Code of State Rules, should the advertisement cause inquiry and concern or requests to bid by prospective bidders or other interested parties, the Purchasing Director may: (a) reject the sole source request and require the spending unit to submit a requisition for public advertisement and formal bidding; (b) accept the request and approve the sole source; or (c) take other action as necessary.
Should no vendor respond to the sole source advertisement, the agency's Requisition will be processed as a sole source purchase. A signed bid quotation from the sole source vendor must also be submitted with the completed Requisition. A specific description, terms, FOB shipping point, and price must be included in the signed quotation. (The quotation may be on the vendor's letterhead).
Sole Source purchases require an original signed vendor quotation, a signed letter of justification from the agency and, if the vendor offers alternative terms and conditions, an Agreement Addendum (WV96).
If a vendor(s) does respond, indicating they can provide the commodity or services advertised and the Director determines the matter should be bid, the sole source Requisition will be canceled and the agency must resubmit a new Requisition, with detailed specifications. The Purchasing Division will process this requisition competitively and advertise in the West Virginia Purchasing Bulletin accordingly. Backdating transactions resulting from sole source determination or any other documents may not be honored.
4.7.2 Terms and Conditions: Terms and conditions are included to express the intent of the State of West Virginia. Purchasing Master Terms and Conditions are a part of every written solicitation issued through and contract awarded by the Purchasing Division. Agency Master Terms and Conditions are also available for use by state agencies utilizing their delegated purchasing procedures. Both the Agency Master and Purchasing Master Terms and Condition may be found in the Agency Resource Center of the Purchasing Division�s website at http://www.state.wv.us/admin/purchase/arc/default.html. Information and assistance in the preparation or use of additional special terms and conditions not contained in this manual may be obtained by contacting the Purchasing Division.
4.7.3 Life of Contract: Contracts should be issued for no more than a twelve (12) month period or cite a specific time for completion for the project or service. A solicitation for a contract that includes an option on the part of the state to extend or renew the contract for an additional period may be advantageous and may be considered. In instances where there may be larger upfront costs or for extremely complex programs or projects where an initial contract term to be in excess of 12 months is needed, the agency must request approval of the longer term and must provide justification. If price adjustments are permitted during the contract period, the conditions under which they are authorized must be specified in the original solicitation and resulting contract. All contracts should be reviewed during the contract period to determine if the need still exists for the commodities or services, if prices are fair and reasonable based on the current market conditions, and if performance is satisfactory.
4.7.4 Renewals:
The standard terms and conditions used by the Purchasing Division
indicate a specified date, on which the contract becomes effective, and extends
for a period of one (1) year. This contract may be renewed upon the written
consent of the agency, and the vendor, with approval of the Purchasing Division
and the Attorney General�s office, as to form.
Any request for renewal should be submitted to the Purchasing Division 30 days prior to the expiration date of the initial contract term or appropriate renewal term. A contract renewal shall be in accordance with the terms and conditions of the original contract. Renewal of a contract is usually limited to three successive one year periods or multiple renewal periods of less than one year, provided that the multiple renewal periods do not exceed 36 months in total. Automatic renewal of any contract is prohibited. Purchasing Division approval is not required on agency delegated or exempt purchases. Attorney General approval may be required for vendor terms and conditions. Agencies are not permitted to extend any contract beyond the time that is stated in the contract.
Unless specific provisions are stipulated in the contract document, the terms, conditions and pricing established are firm for the life of the contract.
letter of justification must also be included, stating pertinent reasons for its
recommendation to renew the existing contract. These factors include, but are
not limited to, vendor performance, market conditions and other analytical
measures which indicate that renewing the contract is in the best interest of
the state.
4.7.5 Change Orders: All changes to existing contracts must be approved by the Purchasing Division and the Attorney General's Office (as to form) prior to the commencement of any work. Any change request of a purchase order in excess of ten percent (10%) of the original contract amount (aggregate) is strongly discouraged and the agency must provide the Purchasing Director written justification. The Purchasing Director, at his discretion, may grant a change in any amount if unforeseen circumstances have occurred and such change is in the best interest of the State of West Virginia. This percentage guideline applies to most contracts, but cannot be applied in all types of contracts. For example, this guideline can and should be applied to lump sum type of contracts. For contracts awarded on an open ended basis, such as hourly rates, this guideline may not be practical. In those cases or in other situations when an agency may not apply the ten percent (10%) guideline, the agency should contact the appropriate Purchasing Division buyer. See Section 7.7 Changes and Reinstatements for additional information.
4.7.6 Contract Cancellation: The Purchasing Director reserves the right to cancel any contract or purchase order upon written notice to the vendor 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.
Notwithstanding other provisions of this subsection, the Director may cancel a purchase order or contract for any reason or for no reason, upon 30 days notice to the vendor.
4.7.7 Pre-Bid Conferences: When appropriate, the Purchasing Division recommends that agencies conduct pre-bid conferences on major acquisitions early in the solicitation cycle to provide an opportunity to emphasize and clarify critical aspects of the solicitation, eliminate misunderstandings and encourage vendor participation. These conferences are conducted by the state agency with potential bidders when solicitations for complex, large dollar requirements are specified.
For more information on pre-bid conferences, visit Section 7.2.10.
4.7.8 Response Time: When establishing an opening date and time, buyers and/or agency personnel should allow for holiday mail disruptions as well as time required for vendors to respond.
4.7.9 Evaluation Period: After bids are opened, a review and evaluation of the bids received is required. The Purchasing Division may immediately award certain open-end contracts without the necessity of the agency�s review when the Purchasing Division believes this action is in the best interest of the state of West Virginia. However, when an award has not been immediately made by the Purchasing Division, state agencies may be involved in the evaluation process by reviewing bids, making recommendations and providing justification.
State agencies are encouraged to review the bids when posted online at the Purchasing Division�s website. Paper copies will only be provided to the agencies if the bids are too large to post electronically.
If the state agency is involved in the evaluation process, a recommendation for award must be received in the Purchasing Division within five business days of the bid opening date, with the exception of Request for Proposals (RFP) and Expressions of Interest (EOI). RFP and/or EOI recommendations for award must be received within 10 business days.
Failure to comply with these established deadlines may result in the agency requisition being cancelled, unless extenuating circumstances exist. It is the responsibility of the agency to provide justification for keeping a requisition open after these time frames.
The Purchasing Division requires all evaluators and/or advisor(s) of solicitations, despite the type of transaction, to sign a Certification of Non-Conflict of Interest, in accordance with the West Virginia Code §5A-3-31 (see Appendix B). The Purchasing Division also requires that the agency procurement officer sign this certification. By signing this certification, the evaluator(s), advisor(s) and agency procurement officer attest that (1) his or her service on the evaluation committee is not in violation of West Virginia Code §5A-3-31, §6B-2-5, or any other relevant code section; (2) his or her service on the evaluation committee does not create a conflict of interest with any of the participating vendors; and (3) he or she has not had or will not have contact relating to the solicitation identified herein with any participating vendors between the time of the bid opening and the award recommendation without prior approval of the Purchasing Division. Agency procurement officers should discuss the non-conflict of interest issue with potential committee members to ensure that individuals who may have a conflict are not chosen to participate as evaluation committee members.
Please note that this requirement applies to all transaction types. This certification must be submitted at the following time frames:
Requests for
Proposals (RFP) / Expressions of Interests (EOI): Agencies must submit this
certification prior to beginning the evaluation of an RFP or EOI.
Requests for Quotations and All Other Transaction Types: The evaluator(s) must sign the Certification for Non-Conflict of Interest and submit, along with the recommendation for award, to the Purchasing Division.
This certification applies to all transactions processed through the Purchasing Division. In addition, it is required for agency delegated purchases exceeding $5,000. Agencies may adopt this policy at their discretion for purchases $5,000 or less.
Blackout Period: Information regarding the contract award, such as the name of the potential vendor and the amount, may only be released after an official award is complete. An award is considered complete only if the contract has been signed by the Purchasing Division, approved as to form by the Attorney General's Office, encumbered and placed in the U.S. mail. When contract award information is released prior to a contract award, that information may be incorrect, premature or erroneous and cause work to begin or vendors to protest.
Delays may occur due to a number of factors, such as agency evaluation of bids, bond and insurance requests, Office of Technology / IS&C review/approval, etc.
No person should contact any bidding vendor with regard to the solicitation at hand prior to the award of the contract, without approval of the Purchasing Division.
4.8 Identify Possible Vendors: In order to achieve the goal of competitive bidding, a minimum of three (3) bids is required, when possible.
Agency personnel are encouraged to use West Virginia vendors for delegated purchases, when possible, while maintaining compliance with state purchasing guidelines.
Locating vendors selling a particular product or service can be performed in a number of ways, including:
Reference sources, such as the telephone book's yellow pages and other business listings;
Supplier's catalogs, which not only offer local distributors but provides descriptive information on their products and current technology of the market;
Meeting with business representatives; and,
Utilizing the Internet.
Agencies should suggest to the Purchasing Division buyer at least three (3) potential vendors who may be qualified to bid on the solicitation. It is important to include the vendor's company name, contact person, mailing address, telephone number, fax number and email address.
4.9 Federal Funding Requirements: Any requisition utilizing federal funding which includes special requirements in addition to or different than normal purchasing requirements must be identified when submitted. All special requirements, particularly regarding advertising, must be provided in a separate memorandum and attached to the requisition.
Back to the Table of Contents


text:
Tran_taekwondo needed a new logo design and created a contest on 99designs.
A winner was selected from 135 designs submitted by 42 freelance designers.
Pieria Tapas Lounge and Restaurant
Pieria Tapas Lounge and Restaurant is a place to enjoy international tapas and fine dining.
Young professionals looking for a tapas lounge and restaurant.
Pieria will be the name of the restaurant. The main word "Pieria" is the focal point of the logo, but integrate the restaurant's description if possible on the logo as well, which is "Tapas Lounge & Restaurant".
Logo design should be simple for reproducibility purposes on different medium and should be limited to 3 colors or less.
It is important to transmit the story behind Pieria in some way. Thus, the logo should have something related to Pieria. So, what is Pieria?
Pieria is home to Mt. Pierus, home to the Muses, as well as the Pierian Spring. Mt. Olympus, the highest mountain in Greece and throne of the ancient Greek gods, is located in the southern part of Pieria.
In Greek mythology, the Pierian Spring of Macedonia was sacred to the Muses. As the metaphorical source of knowledge of art and science.
The Muses in Greek mythology, poetry, and literature are the goddesses who inspire the creation of literature and the arts. They were considered the source of the knowledge, related orally for centuries in the ancient culture, that was contained in poetic lyrics and myths.
The emphasis should be on its meaning and relation to the muses, inspiration, and the mountain. Maybe a mountain in the background of the logo is a possibility.
Finally, take a look at the muses at Pieria in this painting: http://bit.ly/hb5D9k
Find out how a design contest works or learn more about our logo design services.

subset: commoncrawl


text:
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text:
Please enter your email address and we will send you an email with details on how to reset your password.
Details: Paperback.
Stock status: Not available
Publication date: 07/09/2011
Publisher: Sweet & Maxwell
Publication Status: Out of Print
The JCT 2011 Contracts should be used for construction contracts entered into after Part 8 of the new Construction Act came into force on 1 October 2011.
This Warranty may be given by a contractor to a
purchaser or tenant of the whole or part of the
building(s) comprising the works which are being or have been carried out under:
• A JCT Standard Building Contract (SBC)
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• A JCT Intermediate Building Contract with
contractor's design (ICD)
• A JCT Design and Build Contract (DB)
• A JCT Prime Cost Building Contract (PCC)
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text:
|2012-04-23, 08:38
|Link #29861
That one guy
Join Date: Nov 2011
I used to agree, but I now go with the idea that Byakushiki uses an application of Reiraku Byakuya(which "destroys" energy) on Yukihira. That or Reiraku Byakuya is derived from Yukihira...
Either way, the energy consumption is either much too high that it drains the shield energy... or it works like Touma's ImagineBreaker. The Reiraku Byakuya destroys energy but since it surrounds the Byakushiki as well...
|2012-04-23, 08:41
|Link #29862
I am no one
Join Date: Apr 2010
Location: Inside your head
^ Well, that one was supported by canon since Reiryaku Byakuya explicitly drain shield like crazy just like usage of Yukihira. Note that thruster and almost every energy weapon drains energy as well (though at smaller quantities).
|2012-04-23, 08:45
|Link #29863
That one guy
Join Date: Nov 2011
Also... am I the only one who subscribes to the idea that shield energy is separate from Absolute defense?
I mean that even if shield drops to 0, as long as absolute defense has yet to trigger and drain the unit of its remaining energy, it can still keep functioning. I use this reasoning in explaining how Ichika could still fight despite his shield dropping to zero during the tourney match with Laura.
|2012-04-23, 08:46
|Link #29864
Titans Test Team Pilot
Join Date: Feb 2008
Location: The Elysium
Would Ichika have the tendency to use Reiryaku Byakuya in conjunction with a full-out thrust? Because I can just imagine someone being a wee bit witty, sidestepping out of the way and having him charge into a wall. (Super Thrust = Non-existant turning control)
|2012-04-23, 08:47
|Link #29865
I am no one
Join Date: Apr 2010
Location: Inside your head
I dunno, absolute defense just seem there until it's destroyed. Charl keep jackhammering Laura in spite of shield already reduced to 0, whereas Houki's Uchigane instantly shutdown the moment shield point hits 0.
|2012-04-23, 08:50
|Link #29866
That one guy
Join Date: Nov 2011
I reasoned for Houki that Charlotte's spray might have activated the absolute defense after already punching through the shield. It's just that the counter takes a bit to catch up with the actual energy count.
Laura has the VT system handwave treatment
@stratos: I can't help but get GSD references from that...
EDIT: Also about the forced deactivation. There's probably a failsafe mechanism that doesn't return an IS unit to its closed state until it realizes that the pilot is in a non-combative/non-dangerous situation anymore... though how that works... yeah...
|2012-04-23, 09:04
|Link #29867
Titans Test Team Pilot
Join Date: Feb 2008
Location: The Elysium
Also, what's the probabilty of another proficient sword user winning a duel against the Byakushiki? (Someone that's not Chifuyu that is)
|2012-04-24, 04:15
|Link #29874
Senior Member
Join Date: Aug 2011
Question about everyone's Characters.
It's said that a person's ABO blood type in Japanese Culture is predictive of his/her personality. There are 4 different blood types; A, B, AB and O. And each blood type contains the following Best/Worst personalities:
Spoiler for Blood Type A:
Spoiler for Blood Type B:
Spoiler for Blood Type AB:
Spoiler for Blood Type O:
So my question is, what is your character's blood type based on this personality chart?
|2012-04-24, 06:03
|Link #29877
That one guy
Join Date: Nov 2011
A mechanism that creates a specific gravity field for a passing second... maybe even a fraction of it. However it's like the gravity suddenly multiplied by 100,000 in that passing time and only to the localized area.
If the IS would be caught in that... would it come out undamaged due to PIC? or would even PIC not be able to handle it? I want secondary opinions since personally, I don't expect it to be in any condition to even stand after that
|2012-04-24, 06:57
|Link #29879
I am no one
Join Date: Apr 2010
Location: Inside your head
@ Demi
By theory, it could. It's working scheme is inverse of AIC, by increasing inertial Mass. 100 thousand might be a bit too much though.
Dark!Arata's I.S. (Thanatos) supposed to have this power plus extremely potent anti-gravity mechanism, which mean it could pretty much yank and tear through anything by manipulating it's partial mass and strong repulsion force, and has impressive defensive capability second only to AIC... without the weak-sauce weakness that is lazor.
Think Deva path of Naruto's Pain.... assuming you watched that far of course
|fanfic ideas, fanfiction, ff.net, harem, is fanfic, warning fanfic spoilers, wincest
|Thread Tools


text:
You guys can say whatever you want. All I know is that the comments section under my Suicide Girls articles is always pleasurable and informative. The comments section here is like a visit to the nut house.
OK. I'm overstating things. As usual. I always overstate things. That's one thing you should know. I always overstate. Sorry. Deal with it. Anyway, it's not a total nut house in there. But it can get scary sometimes. Mostly I avoid reading it. I read all your e-mails, though. But I'm really slow to respond because I get a lot of them. There's a lot less venom spewing in e-mails.
So I thought I'd answer some questions I've received in e-mails here. I picked these first two because they're fairly representative of some questions I receive pretty often.
I am considering taking up zazen, hoping it might give me a little mental clarity, self-control and understanding, but I have a question that has bothered me. I have come across a few references to studies of possible links between meditation and psychological disorders such as depersonalization and disassociation. I was wondering whether you are familiar with those ideas and what you think of them? That might be a too open-ended question, but I'm not sure how to frame it. To me, sometimes Buddhist ideas about the "true nature of reality" sound a lot like the medical literature describing mental disorders such as depersonalization. Maybe I'm reading the wrong books.
I don't know what books you've been reading. But I'm familiar with the view that meditation practice can lead to psychological disorders. To me, it's all about what kind of meditation you're talking about and how you approach it.
Some of the meditation practices I've seen promoted out there do strike me as pretty dangerous and potentially damaging. This is why I was so vehement in my criticism of Gempo Roshi's Big Mind® scam. Any practice that promises Enlightenment experiences quickly is bound to lead to psychological problems. No two ways about it. In fact, even the more supposedly "traditional" approaches to Buddhist practice that emphasize Enlightenment as a goal and encourage students to experience it as quickly as possible strike me as potentially very hazardous to a person's mental well-being.
In order to live among your fellow human beings you need to be conversant with and able to navigate your way through the consensus view of reality held by most members of the society of which you're a part. The problem is that this consensus view of reality is utterly mistaken. Buddhist practice can help you see through the consensus view and get to the underlying reality. But you need to take this process very slowly. If you go into it too quickly the shock can be devastating. You've learned this consensus view since the day you were born. You trust it and rely on it. To have it suddenly swept from under you can be extremely scary. It's this shock that manifests itself as psychological disorders like depersonalization and disassociation.
If you go into your zazen practice slowly and without too much ambition it's highly unlikely that you'll encounter any of these kinds of difficulties. You need to slowly acclimate yourself to the truth without trashing the useful aspects of the consensus view.
On the other hand, even people who study relatively slow moving practices can sometimes get over ambitious with it and cause themselves trouble. This is why it's recommended to have a teacher who can help slow you down if you get too fast. Still, it's really unlikely you'll have a need for this during the first months or even years of practice. In my own case, I didn't have any seriously weird experiences until I'd been at this zazen thing for about five years.
Next question:
I need to overcome being lazy. I've read a lot of books. I've listened to dozens and dozens of dharma talks (ever heard of audiodharma.org?). I have little buddhist one-liners that I've found to be helpful all over my workspace. I've even spent a week out at my favorite Buddhist place in the beautiful hills just out of town with some wonderfully patient Chinese monastics (I ask them questions occasionally but their English isn't all that great), and still.. i think I'm just too lazy.
So here's why: No matter how much I "try" to let go of my thoughts, or see them as thoughts and let them just pass, or to stop trying to do anything at all because I know it's inherently a waste of time to maintain a state of mind that reaches for any particular goal while sitting... nothing seems to work because I end up just sitting there in a dream, not aware of anything except the TV show going on in my head. In other words, every time I try to establish a regular zazen practice, I end up doing well for a short period and then I just give up. It feels as if every time I sit I end up lost. Thoughts are running the show, not me. There is no clarity, there is no cessation of my desire to eat fried chicken, there is no way to not getting carried off by a sexual fantasies, and I spend inordinate amounts of time trying to figure out where I want to go with my next project (I'm a musician too). I try to snap myself out of it, but I spend most of my zazen not really in the moment at all. This happens just about every time I sit so I guess that's why I usually end up just quitting after a while - I mean, I can daydream anywhere, why sit uncomfortably to do it? I think the truth of the matter is simple... zazen is a waste of time. But somehow I don't really believe that. But I just don't know how to muster up any more will to persist.
It doesn't matter. It really does not matter. If you think your zazen is good, fine. If you think your zazen is bad, also fine. If it seems neither good nor bad, no problemo. The practice goes on in spite of your assessment of it. It's like exercise. It is exercise, in fact, as much as Yoga or jogging or pole-vaulting. Your muscles get toned up even if you hate doing it. Just do it.
Shunryu Suzuki said, "Don't think you do zazen. Zazen does you!" This is an absolute fact. The good news is that if you keep up the practice the days when it seems good will start to outweigh the days that don't. But it still doesn't matter either way.
While I was at the Great Sky retreat this year, at one point I noticed that zazen went on even when I was thinking and daydreaming and fixing my social calendar. Not to say you should do that stuff while sitting. Avoid it when you can. But know that zazen goes on in spite of whatever your conscious mind is doing to try and interfere with it.
I'm in Ohio now. Here's the gig list again:
November 7th at 7PM I'll be at the Akron Public Library downtown.
November 7th (same day) 0DFx (the hardcore band I played bass in in the early 80s) will play the Matinee in Akron after the talk at the library.
November 9th my movie Cleveland's Screaming will be shown at the Beachland Tavern in Cleveland. There'll also be live performances by 0DFx, CD Truth, Cheap Tragedies and This Moment in Black History.
November 10th 0DFx plays at the Spitfire Saloon in Cleveland.
November 12th I'll give a Zen talk at Lambert's Tattooing and Body Piercing (I kid you not) in manly, he-man Mansfield, Ohio at 7PM (Sponsored by the Mansfield Zen Center).


text: "Alliance Freeride" named winner of Enterprise Plan Competition News Home 04.24.12 With the growth of freestyle skiing into acceptance in the 2014 Sochi Winter Olympics, three adventurous ski-advocates and business students landed on a creative idea for a business. And these three Saint Michael's College senior business majors beat out some superb competition to be named winners in the 2012 Saint Michael's College Enterprise Plan Competition at the finals held April 20, 2012, in the Pomerleau Alumni Center at Saint Michael's College. The team of Matthew Benedetto of Croton-on-Hudson, N.Y., Peter Engen of Conway, N.H., and Ashley Langlands of Shelburne, N.H. with their plan for Alliance Freeride company, took the first prize award of $5,000. Second and third places went to Other Side of the Mountain by Denise Belanger and Benjamin Hodges, $2,500 prize, and Camp Hakuna Matata by Michael DeCristofaro and Alexandra Tashjian, $1,000 prize. The student plans were developed over a semester, sometimes two semesters. Seventeen plans were read by SMC faculty and narrowed to the five finalists that were presented to a panel of business executives who served as judges. Enterprise Plan history Established in the year 2000 and supported ever since by founders Peter and Kareen Worrell, the plan challenges SMC undergraduates to develop and market sustainable business plans to a panel of business leaders who serve as competition judges. Peter Worrell, managing partner of the Bigelow Company, is a former SMC trustee, and a 1979 graduate of Saint Michael's; Dr. Kareen Kendrick Worrell is a 1977 SMC graduate. They are residents of Portsmouth, N.H. Alliance Freeride business "Alliance Freeride will be a unique retail enterprise specializing in the growing freestyle skiing market, with the additional goal of increasing awareness of this emerging sport," the team wrote in the executive summary to their 60 page business plan (with 8 pages of appendices). The highly detailed, creative and insightful plan covered everything from mission and vision to an outline of company partners, products, a market analysis, a strategy and implementation summary, a web plan summary for web sales, measurable milestones, management summary, financial plan, and exit strategy. The financials include extraordinarily detailed projections, with graphs and bar charts and lots of numbers. The business aims to strengthen the knowledge of freestyle skiing and to be a presence in the retail market. A flagship store in Burlington, Vermont, for seasonal and year-round business, will be supplemented by "a pop-up location" in Government Camp at the base of Mt. Hood, Oregon, where many freestyle skiing athletes train during June and August. Their plan focuses on serving a niche market of the freestyle community not yet represented in Burlington. The location will tap into the youth vibe of the college town area, and will focus on nearby ski areas and vacation centers in Vermont, Northern New York, Quebec and Maine. Among their products are traditional freestyle skis, rocker skis, ski poles, gloves and mittens, outerwear, helmets, eyewear, apparel and accessories. The business has creative ways of advancing eco-conscious consumerism and other features. Freeride skiing is an emerging sport on skis, that appears to use the same structural elements, the terrain park, that snowboarders use. The plan states that freeride is "about being an individual and expressing your own personal style." Judges The judges panel, consisting of five bankers, CEO's, investors and entrepreneurs, was tremendously impressed with the creativity and poise of all of the presenting teams. The judges were Dan Browdy, a senior leader of Hubbarton Forge, most recently as COO. He was previously at Country Home Products of Vergennes, VT, and before that at Ben & Jerry's in Waterbury, VT. Nicole Carignan, executive vice president and CFO of the SymQuest Group of South Burlington, VT. Roger Frey, president and owner of Earl's Cyclery & Fitness. He was previously VP for Silverado Companies in New York City, and president of J & R Ranch Stores in Pennsylvania. Sean Gammon, CEO of Members Advantage Community Credit Union, a leader among financial cooperatives in Vermont. Steven Magowan, CEO and president of Sunrise Management Services, LLC, an entity that, among other endeavors, invests in start-up and later stage companies.


text:
Selecting your vehicle's make, model, and year allows us to display only parts and items specific to your car's model and year.
Part# CH24193
Mfg# 72300
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OPGI Price: $249.99
Part Type: (P) High Performance, designed to improve performance
Years: 1961-1972
Sold As: EACH
2018 Skylark Catalog Page: 306
Edelbrock nitrous storage bottles are D.O.T.-approved aluminum or carbon fiber, in a variety of sizes to suit your needs. All aluminum bottles are powder coated silver or polished, and come with a CGA-approved valve with a built-in siphon tube. They also include a pre-installed pressure/temperature venting system in case your bottle is overfilled or if pressure increases beyond the maximum safety level. NOTE: All bottles are shipped empty.


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Now that you know which items to compost, you're ready to learn the steps involved in making compost. To achieve the real benefits of composting depends on how much organic waste you have, how fast you want the results and how much effort you are willing to put into making garden compost. Some people prefer to make their garden compost container from scratch; however, if you do not have the time or simply want an easier solution to make compost, think about purchasing a ready-to-go compost container.
Tips for How to Make Compost
After your garden compost container is placed on level ground, you'll want to prep the material you are going to be adding by cutting it into small pieces. As you add material to the compost container, make sure you take turns adding different types of materials and keep the material airy (don't press the material together) so good ventilation can flow through the compost.
Add a layer of green waste, which gives your compost nitrogen, and a layer of brown waste (wood material and leaves) to give your compost carbon. A good rule of thumb for adding your layers of material is 2-3 parts brown waste to 1 part green waste. After you've added all of your materials, you're going to want to check on your garden compost from time to time and make sure it has not compacted together. If it has, mix it up.
To make it easier to get your kitchen scraps from home to composter, use a stainless steel compost bucket that can collect the green waste right on the counter. Each compost crock is a heavy countertop container in which you collect kitchen scraps for eventual recycling to help you make compost that is fertilizer-rich. No need to run out to the backyard composter after every meal…just lift the lid and drop-in all those veggie scraps, egg shells, coffee grounds and green waste you have. The filtered lid keeps it all neat, tidy and odorless. When it's full, dump it out into your main composter. For even easier clean-up, line your crock or bucket with biodegradable compost crock liners.
How Long Does it Take to Make Compost?
The ingredients used to make compost, where the garden compost container is set-up and the intended use for the compost all play a factor in when the compost is ready to be used. If it's too dry, sprinkle it with water. If your garden compost is too wet, add brown material such as wood, newspaper or even junk mail to dry it out.
You know your garden compost is ready when:
- The compost will no longer heat up
- The material that was placed in the compost container should not be discernible
- The compost material will be half of the original size
- The compost smells earthy and not like the material that was placed into the compost container
- The compost should have a dark color and crumble in your hands
Garden compost created in the winter or late fall will take longer to decay then compost created in warm weather months. Creating garden compost by hand is time-consuming and a lot of work, but the rewards on both the environment and on your wallet can be great. By purchasing a compost container, you take much of the work out of creating garden compost, but yet get all of the great rewards that composting can offer.
How to Compost – Additional Information
If you don't want to take the time to create your own garden compost container, find and purchase a Compost Tumbler. Physically, one of the hardest parts of composting is turning the organic material so it breaks down properly, but a Compost Tumbler will do a lot of the work for you. Simply turn the barrel a few times each day and the contents inside are tumbled and aerated to help speed up the composting process. A pronged bar in the middle of the Compost Tumbler breaks up any clumps making the garden compost much easier to turn.
You're going to want to scout out a location in your garden to place your garden compost container. Look for a spot that gets partial shade from trees and make sure the ground is level. It's important that the garden compost container gets some shade because too much sun can make the waste dry too quickly. If the compost container gets too much shade, the compost will remain moist, which is why partial shade/sun is important.
If you have any ideas on garden compost, what to compost, or how to compost, please let us know by posting in the comment section below.


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Top Social Good companies that suport important social causes and non-profit organizations. Social good products from these socially responsible companies, like TOMS Shoes, are made from sustainable materials with socially responsible business practices that support charities and non-profit organizations – plus they make great socially responsible gifts.
Please 'Like' us on Facebook to learn more about Shop With Meaning
Krochet Kids
Krochet Kids helps over 100 people in Northern Uganda everyday to work and to rewrite their stories for the better. The products created abroad have been well received here at home and the cooperation of the staff in America and artists in Northern Uganda has created a sustainable cycle of employment and empowerment.
One World Futbol Project
The Futbol, named after Sting's song "One World (Not Three)," required eleven months of prototyping and field testing in Africa, Haiti, Iraq, and elsewhere. Months more of relationship-building and legal work followed, establishing a mission-driven business called the One World Futbol Project. Just five months after its public launch, the One World Futbol had already been introduced in 59 countries around the world through nearly 100 organizations using sport to resolve conflicts, teach tolerance, and build community.
Vitamma's mission is to improve child health worldwide by fighting vitamin A deficiency (VAD) among children under five. An estimated 190 million children suffer from VAD worldwide, putting them at greater risk of illness and death. An additional 350,000 children go blind each year from VAD. With each Vitamma Multi purchased you provide three children with two year's worth of Vitamin A enabling their young immune systems to fight infection and allowing them to lead meaningful and productive lives.
One Laptop Per Child
OLPC aims to provide each child with a rugged, low-cost, low-power, connected laptop. To this end, OPLC has designed hardware, content and software for collaborative, joyful, and self-empowered learning. With access to this type of tool, children are engaged in their own education, and learn, share, and create together. They become connected to each other, to the world and to a brighter future.
Warby Parker
Warby Parker believes that everyone has the right to see. By partnering with renowned non-profits, such as RestoringVision.org, Warby Parker partners is able to deliver one pair of glasses to someone in need for every pair that it sells, one for one. In doing so, they enable you to share the gift of vision and give them the opportunity to read, to work and to live a fuller life.
Blanket America
Buy one give one; a simple concept, but one Blanket America believes has the power to spur world-wide change. For each product you buy from Blanket America, they will donate a blanket to charity. If you need a quality woven or fleece blanket, chances are someone else out there does too. Blanket America envisions this model not only helping those in need, but changing the way charity and business is done. Blanket America wants consumers to demand more from the companies they use.
TOMS Shoes
With every pair of TOMS shoes purchased, a pair of new shoes given to a child in need.
As a supporter of TOMS, you're already making a difference – whether by buying a pair, by going barefoot for One Day Without Shoes, or through any of the other ways you can get involved. TOMS also announced its new one for one eyewear collection.
No nonsense | Socks for America
In partnership with K.I.D.S. (Kids in Distressed Situations), Socks for America is donating one million pairs of socks to families in need here in America. In July, four teams are traveling the country and distributing socks. Each team will attend 4 donation events over the 3-week period, after which, each team will submit short films to capture their experiences.
FIG Ties
Fig Ties is instilling confidence and change by providing one school uniform to an underprivileged child with the sale of every tie. FIG Ties is starting in Eastern Africa, specifically in 105 schools within Kenya and Tanzania. They hope to soon provide uniforms to children all across the world so that kids can get the education they so rightly deserve, one tie at a time.
BoGo Light
BoGo Light designs and manufactures solar powered products which have a positive impact on people and the planet. The BoGo Light was created in 2006 and by participate in the Buy One Give One (BoGo) program and someone in a developing country will benefit from your gift of a BoGo Light.
4sight Sunglasses
For every pair of 4sight sunglasses you buy, they give a new pair of corrective eyeglasses to a person in need. They're all about giving you a clear, tangible way to change the life of a person in need and the world. Thankfully, there is a solution to this problem is simple and well-known: glasses! For these people, a simple pair of eyeglasses is truly life-changing. One billion people around the world lack the eye-care they need to lead normal, productive lives; for these people, a simple pair of eyeglasses is truly life-changing.


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Looks great!!!
Mars based Battlefield 2 full conversion MOD. Planned Short 6-8 month development cycle. Objective: Create a fun, fast paced but challenging Flight based FPS which will allow players to participate in large terrain battles with fast small ships requiring team work and communication. Game modes: Team King of the hill primarily for the first several builds. Details: 3 factions and 9 ships total are in development with each faction also having a compliment of statics. Maps: Large 4sq km maps based on real satellite imagery from Mars. Terrain will allow large scale ship based engagements.
Looks great!!!
Wow nice! is this mod still alive? :|
I want to believe that it is so))
i think it is
Only registered members can share their thoughts. So come on! Join the community today (totally free - or sign in with your social account on the right) and join in the conversation.
Various level screens. Have added alot of detailed large terrains. All maps at 4 sq km (4x standard bf2 maps)
final touches are being done for public release later this week..


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Adam Satariano and Peter Burrows of Businessweek describe how Apple chooses to invest its huge stockpile of cash in securing everything from transportation to components, often early enough and in such vast quantities that less forward-thinking rivals are left frozen out.
Apple began innovating on the nitty-gritty details of supply-chain management almost immediately upon Steve Jobs's return in 1997. At the time, most computer manufacturers transported products by sea, a far cheaper option than air freight. To ensure that the company's new, translucent blue iMacs would be widely available at Christmas the following year, Jobs paid $50 million to buy up all the available holiday air freight space, says John Martin, a logistics executive who worked with Jobs to arrange the flights. The move handicapped rivals such as Compaq that later wanted to book air transport. Similarly, when iPod sales took off in 2001, Apple realized it could pack so many of the diminutive music players on planes that it became economical to ship them directly from Chinese factories to consumers' doors. When an HP staffer bought one and received it a few days later, tracking its progress around the world through Apple's website, "It was an 'Oh s—' moment," recalls Fawkes.
Ive and his design team sound like they pretty much move into the factories for a while to make sure the production is done right. Apple already spends a fortune on this, and plans to double their spending going forward.
For more on the process, and the elaborate agreements and shipping and monitoring tactics Apple uses -- and yes, the lasers -- hit the link below.
Source: Businessweek