§5A-3-11. Purchasing in open market on competitive bids; debarment; bids to be based on written specifications; period for alteration or withdrawal of bids; awards to lowest responsible bidder; uniform bids; record of bids; requirements of vendors to...


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







WVC 5 A- 3 - 11

§5A-3-11. Purchasing in open market on competitive bids;

debarment; bids to be based on written

specifications; period for alteration or withdrawal

of bids; awards to lowest responsible bidder;

uniform bids; record of bids; requirements of

vendors to pay taxes, fees and debts; exception;

grant exemption.

     (a) The director may make a purchase of commodities, printing

and services of $25,000 or less in amount in the open market, but

the purchase shall, wherever possible, be based on at least three

competitive bids, and shall include the cost of maintenance and

expected life of the commodities if the director determines there

are nationally accepted industry standards for the commodities

being purchased.

     (b) The director may authorize spending units to purchase

commodities, printing and services in the amount of $2,500 or less

in the open market without competitive bids: Provided, That the

cost of maintenance and expected life of the commodities must be

taken into consideration if the director determines there are

nationally accepted industry standards for the commodities being

purchased.

     (c) Bids shall be based on the written specifications in the

advertised bid request and may not be altered or withdrawn after

the appointed hour for the opening of the bids.

     (d) A vendor who has been debarred pursuant to the provisions

of sections thirty-three-b through thirty-three-f of this article

may not bid on or be awarded a contract under this section.

     (e) All open market orders, purchases based on advertised bid

requests or contracts made by the director or by a state department

shall be awarded to the lowest responsible bidder or bidders,

taking into consideration the qualities of the commodities or

services to be supplied, their conformity with specifications,

their suitability to the requirements of the government, the

delivery terms and, if the director determines there are nationally

accepted industry standards, cost of maintenance and the expected

life of the commodities: Provided, That state bids on school buses

shall be accepted from all bidders who shall then be awarded

contracts if they meet the state board's Minimum Standards for

Design and Equipment of School Buses. County boards of education

may select from those bidders who have been awarded contracts and

shall pay the difference between the state aid formula amount and

the actual cost of bus replacement. Any or all bids may be

rejected.

     (f) If all bids received on a pending contract are for the

same unit price or total amount, the director has the authority to

reject all bids, and to purchase the required commodities, printing

and services in the open market, if the price paid in the open

market does not exceed the bid prices.

     (g) The bid must be received by the Purchasing Division prior

to the specified date and time of the bid opening. The failure to

deliver or the nonreceipt of the bid by the Purchasing Division

prior to the appointed date and hour shall result in the rejection

of the bid. The vendor is solely responsible for the receipt of

bid by the Purchasing Division prior to the appointed date and hour

of the bid opening. All bids will be opened publicly by two or

more persons from the Purchasing Division. Vendors will be given

notice of the day, time and place of the public bid opening. Bids

may be viewed immediately after being opened.

     (h) After the award of the order or contract, the director, or

someone appointed by him or her for that purpose, shall indicate

upon the successful bid that it was the successful bid.

Thereafter, the copy of each bid in the possession of the director

shall be maintained as a public record, shall be open to public

inspection in the office of the director and may not be destroyed

without the written consent of the Legislative Auditor.

     (i)(1) A grant awarded by the state is exempt from the

competitive bidding requirements set forth in this chapter, unless

the grant is used to procure commodities or services that directly

benefit a spending unit.

     (2) If a grant awarded to the state requires the procurement

of commodities or services that will directly benefit a spending

unit, the procurement is not exempt from the competitive bidding requirements set forth in this chapter.

     (3) If a grant awarded to the state requires the state to

transfer some or all of the grant to an individual, entity or

vendor as a subgrant to accomplish a public purpose, and no

contract for commodities or services directly benefitting a

spending unit will result, the subgrant is not subject to the

competitive bidding requirements set forth in this chapter.





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.