§5-19-2. Preference for domestic aluminum, glass and steel products; mandatory contract provisions; exceptions


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-19-2

§5-19-2. Preference for domestic aluminum, glass and steel

products; mandatory contract provisions; exceptions.

(a) Every state spending unit, as defined in chapter five-a,

shall require that every contract or subcontract for the

construction, reconstruction, alteration, repair, improvement or

maintenance of public works or for the purchase of any item of

machinery or equipment to be used at sites of public works contain

a provision that, if any aluminum, glass or steel products are to

be supplied in the performance of the contract, or subcontract,

only domestic aluminum, glass or steel products shall be supplied

unless the spending officer, as defined in chapter five-a,

determines, in writing, after the receipt of offers or bids, that

the cost of domestic aluminum, glass or steel products is

unreasonable or inconsistent with the public interest or that

domestic aluminum, glass or steel products are not produced in

sufficient quantities to meet the contract requirements: Provided,

That this article applies to any public works contract awarded in

an amount more than fifty thousand dollars, and with regard to

steel only, this article applies to any public works contract

awarded in an amount more than fifty thousand dollars or requiring

more than ten thousand pounds of steel products.

(b) The commissioner of finance and administration shall issue

rules which provide that, for purposes of this article, the bid or

offered price of any aluminum, glass or steel products of domestic

origin, as defined in section one of this article (including any applicable duty), is not unreasonable if it does not exceed the sum

of a differential of twenty percent of the bid or offered price of

the aluminum, glass or steel products of foreign origin: Provided,

That if such products are produced in a "substantial labor surplus

area" as defined by the United States department of labor, the

differential applied under this article shall be thirty percent.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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