§5A-3-10. Competitive bids; publication of solicitations for sealed bids; purchase of products of nonprofit workshops; employee to assist in dealings with nonprofit workshops

Published: 2015

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WVC 5 A- 3 - 10

§5A-3-10. Competitive bids; publication of solicitations for

sealed bids; purchase of products of nonprofit

workshops; employee to assist in dealings with

nonprofit workshops.

(a) A purchase of and contract for commodities, printing and

services shall be based, whenever possible, on competitive bids.

(b) The director shall solicit sealed bids for the purchase of

commodities and printing which is estimated to exceed twenty-five

thousand dollars. No spending unit shall issue a series of

requisitions or divide or plan procurements to circumvent this

twenty-five thousand dollar threshold or otherwise avoid the use of

sealed bids. Any spending unit which awards multiple contracts for

the same or similar commodity or service to an individual vendor

over any twelve-month period, the total value of which exceeds

twenty-five thousand dollars, shall file copies of all contracts

awarded to the vendor within the twelve preceding months with the

director immediately upon exceeding the twenty-five thousand dollar

limit, along with a statement explaining how the multiple contract

awards do not circumvent the twenty-five thousand dollar threshold.

If the spending unit does not immediately report to the director,

the director may suspend the purchasing authority of the spending

unit until the spending unit complies with the reporting

requirement of this subsection. The director may conduct a review

of any spending unit to ensure compliance with this subsection.

Following a review, the director shall complete a report summarizing his or her findings and forward the report to the

spending unit. In addition, the director shall report to the Joint

Committee on Government and Finance on the first day of January and

July of each year the spending units which have reported under this

subsection and the findings of the director.

(c) The director may permit bids by electronic transmission to

be accepted in lieu of sealed bids.

(d) Bids shall be solicited by public notice. The notice may

be published by any advertising medium the director deems

advisable. The director may also solicit sealed bids by sending

requests by mail or electronic transmission to prospective vendors.

(e) The director shall, without competitive bidding, purchase

commodities and services produced and offered for sale by nonprofit

workshops, as defined in section one, article one of this chapter,

which are located in this state: Provided, That such commodities

and services shall be of a fair market price and of like quality

comparable to other commodities and services otherwise available as

determined by the director with the advice of the committee on the

purchase of commodities and services from the handicapped.

To encourage contracts for commodities and services with

nonprofit workshops, the director shall employ a person whose

responsibilities in addition to other duties shall be to identify

all commodities and services available for purchase from nonprofit

workshops, to evaluate the need of the state for commodities and

services to coordinate the various nonprofit workshops in their production efforts and to make available to such workshops

information about available opportunities within state government

for purchase of commodities or services which might be produced and

sold by such workshops. Funds to employ such a person shall be

included annually in the budget.

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.