WEST VIRGINIA CODE
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
(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
(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
(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
(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.