§5A-3-10e. Master contracts; direct ordering process


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 A- 3 - 10 E

§5A-3-10e. Master contracts; direct ordering process.

     (a) Subject to the limitations of this section, the director

may permit spending units to procure commodities directly from a

preapproved vendor through a master contract direct ordering

process if the director determines the process is fair, economical

and in the best interests of the state.

     (b) Definitions. -- For purposes of this section:

     (1) "Information technology" means hardware and software

related to electronic processing, and storage, retrieval,

transmittal and manipulation of data.

     (2) "Master contract" means an agreement, having a term of no

more than one year, between the Purchasing Division and at least

two preapproved vendors authorizing a spending unit to purchase a

commodity directly and on a recurrent basis through the direct

ordering process.

     (3) "Preapproved vendor" means a "vendor", as that term is

defined in section one, article one, chapter five-a of this code,

that has entered into a master contract with the Purchasing

Division and may participate in the direct ordering process subject

to the terms and conditions of the master contract.

     (4) "Direct ordering process" means the competitive bidding

process whereby the preapproved vendors that are parties to a

master contract may submit sealed bids directly to spending units

to provide a commodity identified in the master contract subject to the limitations set forth in this section.

     (c) Master contract procedures. --

     (1) For each master contract, the director shall set forth the

requirements, technical or otherwise, under which a vendor may be

qualified to supply a commodity through the direct ordering

process. For each master contract, the director shall follow the

notice and advertising requirements set forth in section ten,

article three, chapter five-a of this code.

     (2) A master contract may authorize the direct ordering

process for only one type of commodity.

     (3) A vendor may submit information to the director to

establish that it meets the requirements set forth in the master

contract.

     (4) If the director determines that a vendor meets the

requirements set forth in the master contract, the vendor may enter

into the master contract as a preapproved vendor.

     (d) Direct ordering procedures. --

     (1) A spending unit may commence the direct ordering process

by issuing a request for a commodity identified in the master

contract, stating in the request the quantity of the commodity to

be procured in that particular instance.

     (2) The preapproved vendor that submits the lowest bid in

response to the request shall be awarded the procurement in that

particular instance.

     (3) The direct ordering process may not be utilized for any

request for commodities, other than information technology,

anticipated to cost more than $50,000, unless approved in writing

by the Director of Purchasing. The state may not issue a series of

orders each anticipated to cost less than $50,000 to circumvent the

monetary limitation in this subsection.

     (4) The direct ordering process may not be utilized for any

request for information technology anticipated to cost more than $1

million, unless approved in writing by the Director of Purchasing.

The state may not issue a series of orders each anticipated to cost

less than $1 million to circumvent the monetary limitation in this

subsection.

     (e) Rule-making authority. -- The Director of the Purchasing

Division shall propose rules for legislative approval in accordance

with the provisions of article three, chapter twenty-nine-a of this

code to implement this section, including but not limited to

provisions to establish procedures for the solicitation and

authorization of master contracts, preapproval of vendors and

implementation of direct ordering.





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.