WEST VIRGINIA CODE











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WVC 5 A- 3 - 10 D

§5A-3-10d. Reverse auctions.

     (a) Notwithstanding any other provision of this code, the

director is hereby authorized to initiate reverse auctions to

procure commodities. The director may not use reverse auctions for

the procurement of services under any circumstances.

     (b) Reverse auctions may be utilized if the director

determines their use would be fair, economical and in the best

interests of the state, and the commodities to be procured:

     (1) Are subject to low price volatility;

     (2) Have specifications that are common and not complex;

     (3) Vary little between suppliers;

     (4) Are sourced primarily based on price, with limited

ancillary considerations;

     (5) Require little collaboration from suppliers; and

     (6) Are sold by a large, competitive supply base.

     (c) For purposes of this section, "reverse auction" means a

process by which bidders compete to provide commodities in an open

and interactive market, including but not limited to the Internet.

Reverse auction bids are opened and made public upon receipt by the

director, and then bidders are given the opportunity to submit

revised bids until the bidding process is complete. The contract

is awarded to the lowest responsible bidder.

     (d) The director may contract with qualified,

industry-recognized third-party vendors to conduct reverse auctions on behalf of the director.

     (e) The director shall propose rules for legislative approval

in accordance with the provisions of article three, chapter

twenty-nine-a of this code to establish the procedures for

conducting reverse auctions. The rules shall include procedures

for contracting with qualified, industry-recognized third-party

vendors.





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.