WEST VIRGINIA CODE
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
(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
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