§5A-1-1. Definitions

Published: 2015

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WVC 5 A- 1 - 1

§5A-1-1. Definitions.

     For the purpose of this chapter:

     (1) "Commodities" means supplies, material, equipment and any

other articles or things used by or furnished to a department,

agency or institution of state government.

     (2) "Contract" means an agreement between a state spending

unit and a vendor relating to the procurement of commodities or

services, or both.

     (3) "Debarment" means the exclusion of a vendor from the right

to bid on contracts to sell goods or supply services to the state

or its subdivisions for a specified period of time.

     (4) "Director" means the director of the division referred to

in the heading of the article in which the word appears.

     (5) "Electronic" means electrical, digital, magnetic, optical,

electromagnetic or any other similar technology.

     (6) "Electronic transmission" or "electronically transmitted"

means any process of communication not directly involving the

physical transfer of paper that is suitable for the retention,

retrieval and reproduction of information by the recipient.

     (7) "Expendable commodities" means those commodities which,

when used in the ordinary course of business, will become consumed

or of no market value within the period of one year or less.

     (8) "Grant" means the furnishing of assistance, financial or

otherwise, to any person or entity to support a program authorized by law.

     (9) "Nonprofit workshops" means an establishment: (A) Where

any manufacture or handiwork is carried on; (B) which is operated

either by a public agency or by a cooperative or by a nonprofit

private corporation or nonprofit association in which no part of

the net earnings thereof inures, or may lawfully inure, to the

benefit of any private shareholder or individual; (C) which is

operated for the primary purpose of providing remunerative

employment to blind or severely disabled persons who cannot be

absorbed into the competitive labor market; and (D) which shall be

approved, as evidenced by a certificate of approval, by the State

Board of Vocational Education, Division of Vocational


     (10) "Printing" means printing, binding, ruling,

lithographing, engraving and other similar services.

     (11) "Procurement" means the buying, purchasing, renting,

leasing or otherwise obtaining of commodities or services.

     (12) "Public funds" means funds of any character, including

federal moneys, belonging to or in the custody of any state

spending unit.

     (13) "Record" means information that is inscribed on a

read-only tangible medium or that is stored in an electronic or

other medium and is retrievable in perceivable form.

     (14) "Removable property" means any personal property not permanently affixed to or forming a part of real estate.

     (15) "Request for quotations" means a solicitation for a bid

where cost is the primary factor in determining the award.

     (16) "Responsible bidder" means a vendor who has the

capability to fully perform the contract requirements, and the

integrity and reliability which will assure good-faith performance.

     (17) "Responsive bidder" means a vendor who has submitted a

bid which conforms in all material respects to the bid


     (18) "Secretary" means the Secretary of Administration.

     (19) "Services" means the furnishing of labor, time, expertise

or effort, not involving the delivery of a specific end commodity

or product other than one that may be incidental to the required


     (20) "Spending officer" means the executive head of a spending

unit, or a person designated by him or her.

     (21) "Spending unit" means a department, bureau, department,

division, office, board commission, authority, agency or

institution of the state government for which an appropriation is

requested of the Governor, or to which an appropriation is made by

the Legislature, unless a specific exemption from this chapter is

provided in this code.

     (22) "The state and its subdivisions" means the State of West

Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities and all

county boards of education.

     (23) "Vendor" means any person or entity that may, through

contract or other means, supply the state or its subdivisions with

commodities or services, and lessors of real property.

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.