WEST VIRGINIA CODE
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;
(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
(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
(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advertised bid request and may not be altered or withdrawn after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
(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
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