§5A-3-3. Powers and duties of Director of Purchasing

Published: 2015

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WVC 5 A- 3 - 3

§5A-3-3. Powers and duties of Director of Purchasing.

     The director, under the direction and supervision of the

secretary, shall be the executive officer of the Purchasing

Division and shall have the power and duty to:

     (1) Direct the activities and employees of the Purchasing


     (2) Ensure that the purchase of or contract for commodities

and services shall be based, whenever possible, on competitive bid;

     (3) Purchase or contract for, in the name of the state, the

commodities, services and printing required by the spending units

of the state government;

     (4) Apply and enforce standard specifications established in

accordance with section five of this article as hereinafter


     (5) Transfer to or between spending units or sell commodities

that are surplus, obsolete or unused as hereinafter provided;

     (6) Have charge of central storerooms for the supply of

spending units, as the director deems advisable;

     (7) Establish and maintain a laboratory for the testing of

commodities and make use of existing facilities in state

institutions for that purpose as hereinafter provided, as the

director deems advisable;

     (8) Suspend the right and privilege of a vendor to bid on

state purchases when the director has evidence that such vendor has

violated any of the provisions of the purchasing law or the rules and regulations of the director;

     (9) Examine the provisions and terms of every contract entered

into for and on behalf of the State of West Virginia that impose

any obligation upon the state to pay any sums of money for

commodities or services and approve each such contract as to such

provisions and terms; and the duty of examination and approval

herein set forth does not supersede the responsibility and duty of

the Attorney General to approve such contracts as to form:

Provided, That the provisions of this subdivision do not apply in

any respect whatever to construction or repair contracts entered

into by the Division of Highways of the Department of

Transportation: Provided, however, That the provisions of this

subdivision do not apply in any respect whatever to contracts

entered into by the University of West Virginia Board of Trustees

or by the Board of Directors of the State College System, except to

the extent that such boards request the facilities and services of

the director under the provisions of this subdivision: Provided

further, That the provisions of this subdivision do not apply to

the West Virginia State Police Forensic Laboratory and the West

Virginia Office of Laboratory Services;

     (10) Assure that the specifications and descriptions in all

solicitations are prepared so as to provide all potential

suppliers-vendors who can meet the requirements of the state an

opportunity to bid and to assure that the specifications and

descriptions do not favor a particular brand or vendor. If the director determines that any such specifications or descriptions as

written favor a particular brand or vendor or if it is decided,

either before or after the bids are opened, that a commodity or

service having different specifications or quality or in different

quantity can be bought, the director may rewrite the solicitation

and the matter shall be rebid; and

     (11) Issue a notice to cease and desist to a spending unit

when the director has credible evidence that a spending unit has

violated competitive bidding or other requirements established by

this article and the rules promulgated hereunder. Failure to abide

by such notice may result in penalties set forth in section

seventeen of this article.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.