WEST VIRGINIA CODE
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
(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
Note: WV Code updated with legislation passed through the 2015 Regular Session
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